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HomeMy WebLinkAbout15- High Country Paving Contract Document h a .r r 4 u r, fl r Fed Pr' Federa o ct um Prepared By: _ City of Bozeman Engineering Division 20 East Olive Street P.E .Box 1230 ••• .••. Bozeman, MT 59771 Ph. (406) 582-2280 �~ a •' Fax (406) 582-2263 : : Set Number ��9 '�$$13 ,,.••�`SQ' 1N Co. ° t i . '�.. ���� ' .� ' �.. i f b 130 THE CITY OF BOZEMAN V `�x 20 E. OLIVE • P.O. BOX 1230 * BOZEMAN, MONTANA 5977 1-1 230 p ENGINEERING DEPARTMENT 9�t9?j�880�� PHONE: (406) 582-2280 o FAX: (406) 582.2263 CO CTEP BIKE/PED PROJECT CITY OF BOZEMAN BID OPENING: DULY 21, 2015, 2:00 P.M. ADDENDUM No. 1 JULY 13, 2015 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Specification Section—PROPOSAL FORM: Insert attached page "ADDENDUM#1 PROPOSAL FORM" replacement page. Staple the replacement page to the existing page. The quantity for item 107 has been revised. ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum No. 1 on the Bid Form to validate their bid. Robert Murray, P.E. City Project Engineer i i I I i i G I HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK t BIDDER agrees to perform all the work-described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Schedule l: Installation of a 10-foot wide shared use pathway along portions of North 19th Avenue. Estimated Total Estimated Item Description Unit Unit Price Quantity Price 101 Taxes, Bonds, Insurance L.S. 1 102 Mobilization L.S. 1 103 6" Thick Concrete Sidewalk S.F. 240 104 1" Minus Crushed Base Course C.Y. 240 105 Geotextile Separation Fabric S.Y. 968 106 3"AC Pavement Surface Course S.Y. 731 107 Construction Seal GAL. 73 108 Detectable Warning S.F. 10 109 12"Diameter RCP Pipe w.F.E.T.S. L.F. 8 110 Earthwork, Final Site Grading and L.S. 1 Restoration Ill Miscellaneous Work L.S. $1.00 20,000 $20,000.00 TOTAL SCHEDULE 1 BID $ i i (TOTAL SCHEDULE 1 BID - WRITTEN WORDS) Schedule 2: The project work is generally described as follows: Installation of a 10-foot wide shared j use pathway along portions of North 19th Avenue. Installation of pedestrian ramps at the following intersections: South 14th Avenue and West Dickerson Street,South 14th Avenue and West Story Street, South 13th Avenue and West Story Street, South 13th Avenue and West Dickerson Street, South 12th Avenue and West Dickerson Street, South 12th Avenue and West Story Street,North Montana Avenue and East Aspen Street,North Montana Avenue and East Cottonwood Street,North Montana Avenue and l East Peach Street,North Montana Avenue and East Beall Street, Arthur Street and South 41h Avenue, East Lincoln Street and North Grand Avenue,Arthur Street and South Grand Avenue,and the 300 Block of North Willson Avenue. !` I Estimated Total Estimated Item Description Unit Unit Price Quantity Price 201 Concrete Removal &Disposal S.F. 7975 202 Combined Concrete Curb & Gutter L.F. 1049 203 Concrete Fillet S.F. 150 204 4" Thick Concrete Sidewalk S.F. 2717 ADDENDUM #1 PROPOSAL FORM q BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. 1) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) 2) Bid Proposal: a. Arithmetic Checked? b. Unit Bid amounts agree with math calulations? c. All Addenda acknowledged on proposal sheet? d. Signature portion completely filled out? e. Bid Proposal intact in Contract Documents DO NOT REMOVE!!!! f. Non-Descrimination Affirmation form completed and signed? 3) Bid Envelope: a. Addressed properly? (See Article 1 —Bids, Instructions to Bidders) b. Contains the Contract Documents and Specifications booklet? C. Acknowledged Receipt of Addenda? d. Sealed? 4) Bid Submitted prior to required time at specified location? i Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number(optional at bid), and acknowledgement of all addenda (by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. CITY OF BOZEMAN, MONTANA COMMUNITY TRANSPORTATION ENHANCEMENT PROGRAM (CTEP) BIKE/PED PROJECT MAY, 2015 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Proposal Form Non-Discrimination Affirmation Form Bid Bond CTEP DBE Requirements Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions FHWA— 1273 Form EEO Affirmative Action Requirements CTEP Special Provisions Montana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICATIONS Special Provisions Measurement and Payment Select Sections of the City of Bozeman Modifications to the MPWSS CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: CTEP Bike/Ped Project Separate sealed bids for construction of City of Bozeman CTEP Bike/Ped Project will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, July 21, 2015 and then publicly opened and read aloud. Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk's Office, Suite 102, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 102, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 2 p.m. Tuesday, July 21, 2015. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The project work consists of two schedules and is generally described as follows: The project work is generally described as follows: Installation of a 10-foot wide shared use pathway along portions of North 19t" Avenue. Installation of pedestrian ramps at the following intersections: South 14t" Avenue and West Dickerson Street, South 14t" Avenue and West Story Street, South 13t"Avenue and West Story Street, South 13t" Avenue and West Dickerson Street, South 12t" Avenue and West Dickerson Street, South 12t" Avenue and West Story Street, North Montana Avenue and East Aspen Street, North Montana Avenue and East Cottonwood Street, North Montana Avenue and East Peach Street, North Montana Avenue and East Beall Street, Arthur Street and South 4t" Avenue, East Lincoln Street and North Grand Avenue, Arthur Street and South Grand Avenue, and the 300 Block of North Willson Avenue. The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771- 1230, 406-582-2280, in accordance with the Instruction to Bidders. Required deposit is $50.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department at 2:00 p.m. on July 7, 2015, Interested CONTRACTORS are encouraged to attend. Section 00100 INVITATION TO BID Page 1 of 2 CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 p.m. local time, July 21, 2015. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 28th day of June, 2015. Stacy Ulmen, CIVIC City Clerk, City of Bozeman Published Bozeman, Montana, June 28, 2015 h/ !9 iy u�<i 2, Section 00100 INVITATION TO BID Page 2 of 2 INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink,with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the Clerk of the Commission,City Hall, 121 North Rouse Ave.,P.O.Box 1230,Bozeman,Montana 59771-1230, and endorsed on the outside of the envelope with the words: CITY OF BOZEMAN, CTEP BIKE/PED PROJECT. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom maybe considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee,in the amount stipulated in the Invitation To Bid,made unconditionally payable to the Owner,which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in inlc by the Bidder with his full name and with his business address or place of residence. In case of a film or partnership,the name and residence of each member must be inserted. In case the Bid is submitted by,or on behalf of,a corporation,it must be signed in the name of such corporation by an official who is authorized to bind the corporation,and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. I ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. f RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others,may be required to submit satisfactory evidence of this authority to do so. The title of the person(s)executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved(a)maintains a permanent place of business;(b)has adequate plant and equipment to do the work properly and expeditiously; (c)has a suitable financial status to meet obligations incident to the work; and(d) has appropriate technical experience. 1 INSTRUCTIONS TO BIDDERS r Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification,6"' Edition(MPWS S),shall be used to govern the contractual and performance aspects of this project,and is hereby incorporated as part of these CONTRACT DOCUMENTS,as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 6"'Edition(COB MODS),dated March 31, 2011,including all addenda which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman,in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document,and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Proposal Form................................ Bound Herein Non-Discrimination Affirination Form.............. Bound Herein Bid Bond...................................... Bound Herein CTEP DBE Requirements............ Bound Herein Agreement Form........................... Bound Herein Payment Bond..............................MPWSS/Bound Herein Performance Bond........................MPWSS/Bound Herein Standard General Conditions........MPWSS/Bound Herein Supplementary Conditions............MPWSS/Bound Herein FHWA— 1273 Form...................... Bound Herein EEO Affirmative Action Requirements...................... Bound Herein CTEP Special Provisions................ Bound Herein Montana Prevailing Wage Rates.... Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed...............Bound Herein Field Order.....................Bound Herein Change Order.....................Bound Herein 2 INSTRUCTIONS TO BIDDERS Work Directive Change......Bound Herein Application For Payment (Guidance Only)............... Bound Herein COB Claim Form)...............Bound Herein Certificate of Substantial Completion........................ Bound Herein Order to Contractor to Suspend Work...............Bound Herein Order to Contractor to Resume Work...............Bound Herein Buy American Requirements................Bound Herein Contractors Certificate And Release...............MPWSS Lien Waiver for Prime Contractor................MP W S S Lien Waiver for Subcontractor/Supplier...MP W S S Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein Technical Specification...................MPWSS, COB MODS, & Bound Herein Plan Set EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid,each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances,rules and regulations that may in any manner affect cost,progress or performance of the Work; and(d)study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may,upon request,examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness,nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. i On request,Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the 3 INSTRUCTIONS TO BIDDERS r drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the contract plans,it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the proj ect area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which,or the dates by which,the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal,shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: 4 INSTRUCTIONS TO BIDDERS City Clerk City Hall 121 North Rouse Ave. P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: CITY OF BOZEMAN CTEP BIKE/PED PROJECT Name of Contractor: Montana Certificate of Contractor Registration No. (Optional, only required at the time of execution of the agreement) Acknowledge Receipt of Addendum No.: , In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. July 21, 2015. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. 1 : C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price,the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions,conditions,stipulations,erasures,or other irregularities. i F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address, and current 5 INSTRUCTIONS TO BIDDERS 1 I Montana Contractor's License Number. H. The proposal must include a completed and signed Non-discrimination affirmation form. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: By: Corporate Seal Title: If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. Before submitting a proposal,each Contractor should read the complete Contract Documents(including all addenda), specifications and plans, including all related documents containing herein, all of which 6 INSTRUCTIONS TO BIDDERS t contain provisions applicable not only to the successful bidder,but also to his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that,during progress of the work, the Owner may find it advisable to omit portions of the work,to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. MODIFICATION AND WITHDRAWAL OF BID A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. If,within twenty-four(24)hours after Bids are opened,any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid,that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to acceptor reject the Bids,or portions of Bids if denoted in the Bid as separate schedules,and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent inforination as to similar projects and other evidence of qualification shall be furnished for each named subcontractor,if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor,they may, before giving the Notice of Award,request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the 7 INSTRUCTIONS TO BIDDERS contract price. If the apparent low Bidder declines to make any such substitution,the contract may not be awarded to such Bidder,but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation,nonconforming,nonresponsive,unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability,or fails to meet any other pertinent standard or criteria established by the OWNER.The OWNER also reserves the right to waive all informalities not involving price,time,or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives,unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors,Suppliers,and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. If the Contract is to be awarded,OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terns and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded,OWNER will give the Successful Bidder allotice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If, at any time this Contract is to be awarded,the total of the lowest acceptable Bid Proposal exceeds the 8 INSTRUCTIONS TO BIDDERS funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten(10)days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds,there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen(15) days following receipt from the Bidder of the signed Agreements and Bonds,the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder,or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders,Bid Form,Bond forms,Agreement,contract stipulations,or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. 9 INSTRUCTIONS TO BIDDERS Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month,but subject to retainage as specified elsewhere. PREVAILING WAGE RATES Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the United States Department of Labor, Davis-Bacon Act, and as bound herein. The Contractor and subcontractors are directed to the United States Department of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE(MONTANA CONTRACTORS GROSS RECEIPTS TAX In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. 10 INSTRUCTIONS TO BIDDERS NOTICE OF AWARD Dated: TO: High Country Paving,Inc. ADDRESS: 5200 Thorpe Road Belgrade,MT 59715 PROJECT: CTEP Bike/Ped Project CONTRACT FOR: Combined Schedule 1 and 2 Bid You are notified that your Bid opened on July 21, 2015, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:CTEP Bike/Ped Project. The Contract Price of your Contract is: Two Hundred Two Thousand Eight Hundred Twenty Dollars and Fifty Cents($202,820.50). Six(6)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. Three (3)sets of the Drawings will be delivered separately or otherwise made available b you immediately, i You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by 1. You must deliver to the OWNER Six (6) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreementthe Contract Security(Bonds)as specified in the Instruction to Bidders (Article 20), and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SG5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. !"0 CITY OF BOZEMAN,MONTANA ATTEST: fly ° 4 BY: C—"- -2�"- BY: �J r (CITY MANAGER) !�.t V Y C��� DATE: LI F PROPOSAL CTEP BIKE/PED PROJECT CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER,having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be perforinewhich may, local labor performdantions and all ce of the Workaand regulations,municipal ordinances and other factors y affect pense and difficulties attending performance of the work: having satisfied himself of the ex HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, , inthe form the attached, to perform all work for the construction of CTEP BIKE/PED PROJECT, including assumption of all obligations,duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of,the work;tools,equipment,supplies,transportation,facilities,labor,superintendence, and services required to perform the Work;Bonds,Insurance and Submittals;all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. e schedules are awarded under a single Contract,the contract times shall run concurrently Where multipl ed are issued for the awarded schedules. unless separate notices to proce Liquidated Damages shall be as specified in Article 2.2 & 2.3 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above,after extensions are checked unt of the Bid as corrected shall be used in awarding the and corrections made, if any, the total amo contract. PROPOSAL FORM TO LOCAL GOVERNMENTAL UNIT OF City of Bozeman: The below named bidder. in submitting this proposal for consideration on the above named project(s) confirms and certifies that: A. PRIOR TO SUBNIITTNG A BID. bidder has read and understands the Bidding Requirements and Conditions, and Award and Execution of Contract section of the CTEP Special Pro\-isions. adopted by City of Bozeman for the development of Community Transportation Enhancement Program projects. B. EXAMINATION OF BID DOCUMENTS & SITE OF WORK. Bidder has examined carefully the site of the proposed work, the proposal, plans, standard specifications, supplemental specifications and special provisions, and is satisfied as to the project's requirements and the conditions to be encountered in performing the work in accordance with those requirements. Bidder had sufficient time to make the examination and to prepare its bid and assents to all provisions and requirements of the Contract. Bidder would not submit this bid if it did not agree to each and every provision of the Contract. Bidder is aware of, and agrees to comply with, all applicable laws, regulations and rules, in accordance with the CTEP Special Provisions section titled"Legal Relations and Responsibilities to the Public." C. SUBCONTRACTING OR ASSIGNMENT OF CONTRACT. Bidder will meet the requirements of the CTEP Special Provisions regarding the Assignment of Subletting of Contract. D. PROPOSAL OF GUARANTY. Enclosed as evidence of good faith and as a guaranty that the bidder enters into a contract, is a proposal guaranty in the amount of at least ten percent (10%) of the bid, made unconditionally payable to City of Bozeman,which at the bidder's option may be Cash, Cashier's Check, Certified Check, Bank Money Order, or Bank Draft, in any case drawn and issued by a National Banking Association located in the State of Montana or by any banking corporation incorporated under the Laws of Montana, or a bid bond executed by a surety corporation authorized to do business in Montana. The proposal guarantee shall be forfeited to City of Bozeman if the bidder fails or refuses to comply with the specifications referring to the execution of the contract agreement. E. CONTRACT TIME. The work begins on the effective date stated in the"Notice to Proceed" and is to be completed in 60 Calendar Bays. F. REVISION OF BID. In submitting this bid, bidder agrees that it waives any right or ability to claim, request or receive any upward revision of this bid without the express written consent of the City of Bozeman and in accordance with the CTEP Special Provisions. If bidder discovers a material mistake in its bid (factual mistake,not judgmental), it understands and agrees that it may either perform the contract as originally bid, or else bidder understands and agrees that it may request the City of Bozeman for permission to withdraw its bid. It is agreed that the City of Bozeman will review the request to determine if a mistake occurred, was material and factual, and whether the bid should be allowed to be withdrawn. G. NON-COLLUSION. Bidder has not by or through any of its officers, partners, owners, or any other person associated therewith, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive PROPOSAL FORM s bidding in connection with this project, and is not financially interested in or otherwise affiliated in a business way with any other bidder on this project. al or officil of the firm H. AUTHORIZE AGENT. The undersigned is a responsible indi to the aextentof this legally authorized to execute documents binding the firm or individual Proposal. I. DEBARMENT. The undersigned,by signing this proposal, ackno he neligibiI ty of bidders the Debarment section of the CTEP Special Provisions relating and certifies that the bidder has complied. J. DBE REQUIREMENTS. Bidder has complied with the project's DBE requirements, d Program. DBE Pro agrees to in all ways comply with the Montana Department of Transportation K. INDIAN RESERVATION WORK. If all or part of this project is located within the external boundaries of an Indian Reservation,bidder has read, fully understands and agrees to the provisions contained elsewhere in the bid package. L. EQUAL OPPORTUNITY CLAUSE CERTIFICATION. ac Brat signing reportshis propos ith the al,the bidder acknowledges that failure to file timely, complete a nt Reporting Committee,the Director of OFCC or the Equal Employment Opportunity Commission, is grounds for the imposition of sanctions as authorized by 41 CFR 60-1.7. M. GOOD STANDING. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify)pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed and that he (they) is (are) not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50- 203,MCA, as amended. BIDDER UNDERSTANDS THAT THE CITY OF O ZRREG RESERVES THE T RIGHT TO REJECT ANY AND ALL PROPOSALS,TO WAIVE ADVERTISE FOR NEW PROPOSALS, AND MAN. DER CONSENTS TO THAT RESERVATION BY THE CITY OF B BIDDER AGRESS TO FURNISH ALL EQUIPMENT,LABOR, AAND AERIALS ANTIAL DO ALL WORK NECESSARY IN THE TIME SPECIFIED CONFORMITY WITH THE CONTRACT, FOR THE PRICES SET FORTH IN THE SCHEDULE OF ITEMS CONTAINED HEREIN. rr PROPOSAL FORM �� s BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Schedule 1:Installation of a 10-foot widc shared use pathway along portions of North 191"Avenue. .Estimated Total Estimated Item Description Unit Unit Price Quantity Price 101 Taxes, Bonds, Insurance L.S. 3oofj.S=0 1 3660 102 Mobilization L,S, /� ��'' 1 103 6"Thick Concrete Sidewalk S.F. S so 240 d Rio 4 104 1"Minus Crushed Base Course C.Y. -2,9 �`—' 240 , c��0;p 105 Geotextile Separation Fabric S.Y. 968,��� Z rr>-V 91t 106 3"AC Pavement Surface Course S.Y. `-' 731 107 Construction Seal GAL. 19S 73 73,�= 108 Detectable Warning S.F. 10 � 109 ( 12"Diameter RCP Pipe w.F.E.T.S. I L.F. yso 011-- 8 110 Earthwork, Final Site Grading and Restoration L S' J/j � 1 !! ✓ ? `� III Miscellaneous Work L.S. $1.00 20,000 $20,000.00 TOTAL SCHEDULE 1 BID $ 7 7 YO ��'t�E:�T'- -�i �I9s�sa-,,� S,�v� �u��r �,� +��%i=T •-.�s a-C� �Q '►�,�s �,��`�..� (TOTAL SCHEDULE 1 BID - WRITTEN WORDS) Schedule 2: The project work is generally described as follows: Installation of a 10-foot wide shared use pathway along portions of North 19th Avenue. Installation of pedestrian ramps at the following intersections: South 14th Avenue and West Dickerson Street,South 14th Avenue and West Story Street, South 13th Avenue and West Story Street, South 131h Avenue and West Dickerson Street, South 12th Avenue and West Dickerson Street,South 12th Avenue and West Story Street,North Montana Avenue and East Aspen Street,North Montana Avenue and East Cottonwood Street,North Montana Avenue and East Peach Street,North Montana Avenue and East Beall Street, Arthur Street and South 4 h Avenue, East Lincoln Street and North Grand Avenue,Arthur Street and South Grand Avenue,and the 300 Block of North Willson Avenue. �Item Description Unit Unit Price Estimated Total EstimatedQuantity Price 201 Concrete Removal &Disposal S.F. "- 7975 1 `3' 202 Combined Concrete Curb& Gutter L.F. 1049 203 Concrete Fillet I S.F. -7 150 204 4"Thick Concrete Sidewalk S.F. 5'S�' 2717 ADDENDUM #1 PROPOSAL FORM 205 6" Thick Concrete Sidewalk S.F. ? 3613s 206 Detectable Warning S.F. 838 TOTAL SCHEDULE 2 BID $ Z& 0 7 7- f�A A,..r'O��u ._ (TOTAL SCHEDULE 2 BID - WRITTEN WORDS) COMBINED SCHEDULE I AND 2 BID $ 20 z �z� `?�ia✓c� l�fav� �v 6"aa0 tr Y-t'� ddus,�rtgA 'ic.st..rr. �c�ida�5 n .act fir (COMBINED SCHEDULE 1 AND 2 BID-WRITTEN WORDS) BASIS OF AWARD If the contract it awarded,the Owner will award a single Contract in accordance with the Instructions to Bidders. The Owner reserves the right to acceptor reject the Bids,or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner's sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Combined Schedule 1 and 2 Bid. The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. Dated4 I i No. Dated i i No. Dated No. Dated Submitted this 2-1 day of s�t�, , 2015. I SIGNATURE OF BIDDER: Montana Contractor Registration Number Y -5 (Optional, only required at the time of execution of the agreement) If an individual: i doing business as If b a I'a�tner.,hi ) p. PROPOSAL FORM partner I :Df a Corporation: f (a) an. � by �/ (Seal & Title V. Attest) Business Address of Bidder: 3 i_q 7-A r) ,- s l y If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an Individual: doing business as If a Partnership: by Partner If a Corporation: (a) Corporation by (Seal & Title Attest) P PROPOSAL FORM i PENAL SUM FOR-I'd BU) BOND Any singular refere-nce to Bidder,Surety,Owner or other party shall be considered.plural where applicable. BIDDER(Name and Address): High Country Paving,Inc. 5200 Thorpe Rd. Belgrade,MT 59714 SURETY(Name and Address of Principal Place of Business): Nationwide Mutual Insurance Company 1100 Locust St.,Dept.2006 Des Moines, iA 50391-2006 OWNER(Natne and Address): City of Bozeman I Bid Due Date: July 21,2015 ! Description(Project Name and Include Location): CTEP Bike/Pedestrian Pathway Project � BOND Bond Number: Date(riot earlier than Bid dace date), Penal sum. Ten Percent of Bid Amount 10%of Bid Amount (Words) (Figures) Suret 1 and Bidder,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Bid Bond to be duly executed by an authorized officer,agent,ox representative, k G i ]BIDDER SURETY High Country Paving,Inc. } (Seal) Nationwide Mutual Insurance Company (Seal) Bidder' e and.Corporat seal Surety's Name and Corporate Seat -- ---Ry: A. — — ignature Si nature(Atta Powe Attorney) P i � -' Yvette M.Quinn Print Namne Print Name 'a'1" ., Attorney-In-Fact Title Titl Attest: Attest: o ���nature �_S' antra 4 Title Title !ljote:Above addresses are to be✓sed,for giving;airy requited notice. Provide execution_by any additional parties, .szxh as joa;2t venturers, zf necessaTy. ",TCDC C-430 aid Bond Penal Sum Font€/ Prepared by the irs Joint contract Documents Committee �8ge3 oi'? i- Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint: Yvette M.Quinn each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature,in penalties not exceeding the sum of FIVE HUNDRED THOUSAND DOLLARS AND 0/100 $500,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature thatthe business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document, contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed%and duly attested by the signature of its officer the 13'h day of February,2014. Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Company Of / and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company,Allied Property and Casualty Insurance Company, and Depositors Insurance d Company ACKNOWLEDGMENT STATE OF IOWA,COUNTY OF POLK: ss �o•'�nxaexUe •�� ®°�`�•ccuaa4F•'`�( Ui On this 13 day of February,2014,before me came the above-named officer for the Companies aforesaid,to � EAj,mod- — -me personally-known-to be the-off leer-described in and-whe executed tkle--preceding-instrument,-and he-- - acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer q �``fHpIXES;t`"� ®q* of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies,and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. �c ®®® � ® �� �,yLrl/�� CSC 4 ®o'tP� r��A ®4�' 4 mover ��� Sandy Alitz ( .. auowf ,.y w (`. , Notarial Seal—Iowa 0.'.SE�� O "SEAL' �( Commission Number 152785 Notary Public + M Commission Expires March,24,2017 o ?`d q 4vyo ;io�d y My Commission Expires ® tioisEs;i�® �4�®s �►w- CERTIFICATE March 24,2017 I, Robert W Horner III,Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. b�% IN WITNESS WHEREOF,I have hereunto subscribed my name as Secretary,and affixed the corporate seals of said Companies this a�P day of �(A 20� S L/ w Secretary This Power of Attorney Expires 08/1 t/2015 BD7 1(03-14)00 01791 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS S/ 12_5'9 6y%) Citywide Sidewalks - Bozeman (Federal Aid Project Number) (Federal Aid Project Name) THE DBE GOAL FOR THIS CONTRACT IS 0.00% To be eligible for award of this contract, the bidder must execute and submit as part of its bid, these DBE REQUIREMENTS. Contract award may be conditioned upon satisfaction of the Montana Department of Transportation's (MDT) requirements as set forth below and in the Department's written DBE Program Requirements. 1. The SCHEDULE OF PARTICIPATION (Schedule) will be used to determine whether the bidder has complied with the DBE goals of the project. a. Where a numerical goal greater than 0% (zero percent) has been assigned to the project, those bids that do not contain a Schedule, or contain a blank Schedule, will be considered irregular and may be considered non-responsive and be rejected. Those bids containing a Schedule that is incomplete or does not meet the assigned goal will be considered irregular and may be considered non- responsive and be rejected. In any case where the apparent low bidder does not comply with the assigned project goal, a determination will be made within 48 hours of the bid opening, based upon the good faith efforts (Good Faith Efforts are outlined in the MDT DBE Program). b. DBEs not certified by MDT prior to the date the bids are opened will not be considered in determining whether the bid has complied with the goals. f c. Where a numerical goal of 0% (zero percent) has been assigned to the project, bidders are encouraged to utilize the Schedule to indicate a commitment to using a DBE for a portion of the work in the project. I' 2. The BIDDER'S LIST will be used to gather information for use in determining c: appropriate DBE goals for upcoming fiscal years. Each firm, bidding on prime contracts and bidding or quoting subcontracts on federally assisted projects MUST submit a completed Bidder's List within 48 hours of the bid opening. If the prime contractor has not received any bid or sub-quote information, the prime bidder must j,' indicate NONE on the Bidder's List. The Bidder's List may be included with the bid, or supplied to the local agency within 48 hours of the bid opening. Rev.CTEP DBE March 3,2000 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS (coat.) J__IPC ,zg,7 64 4) Citywide Sidewalks - Bozeman (Federal Aid Project Number) (Federal Aid Project Name) 3. In accordance with 49 CFR §26.13(b) which states, "Each contract that MDT signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the ter minc�itlon %J 1.its k, tr ait or such oil ler remedy i ICUy as t,I recipient I UCCI I is appropriate." 4. The prime contractor agrees to use MDT certified DBEs in the award of subcontracts to the fullest extent consistent with the performance of the contract. Under this certification, the bidder agrees to maintain records to document all contacts and specific efforts made to identify potential DBE firms, seek out, and utilize DBE contractors. 5. Substitution of DBEs or dollar amounts shown on the Schedule. will not be permitted prior to the award of the contract. If it is determined that the scheduled DBE is unable to perform due to default, over extension, suspension, decertification or other reasons, the prime contractor agrees to replace the DBE subcontractor in accordance with the substitution process outlined in the MDT DBE Program. 6. DBE goal achievement or participation will be determined and counted towards the goal when each DBE executes, performs and is paid for each work item specified in their subcontract and in accordance with the MDT DBE Program. 7. The following criteria will be used when determining the amount of achievement towards DBE goals: a. Manufacturer, 100% of the cost: A certified DBE that produces goods from raw materials or substantially alters goods before resale. b. Supplier/Regular Dealer, 60% of the cost: A certified DBE that maintains and furnishes a supply of the goods involved for the purposes of resale to the general public. c. Jobber/Broker, 100% of the fee: The DBE's normal fee received over the cost of any goods, equipment or services supplied to the project. d. Contractor/Subcontractor, 100%: Work performed using the DBE's own equipment and/or personnel. 2 r SCHEDULE OF PARTICIPATION BY DBEs t Citywide Sidewalks - Bozeman (Federal Aid Project Number) (Federal Aid Project Name) List below the information pertaining to MDT-certified DBEs with which the bidder has negotiated an agreement to participate in this contract in accordance with the MDT DBE Program requirements. Name of Prime Contractor: i� � CC �o l� ; z N (Bidder's/Proposer's name) DBE NAME: ADDRESS: EXPIRATION DATE: BID QUOTE: USED AS (CFU): USED QUOTE: i ------------------------------------------------------------------------- DBE NAME: ADDRESS: EXPIRATION DATE: i BID QUOTE: USED AS (CFU): USED QUOTE: ------------------------------------------------------------------------- DBE NAME: ADDRESS: i EXPIRATION DATE: BID QUOTE: USED AS (CFU): USED QUOTE: i ------------------------------------------------------------------------- Entered: total c>% or total $ I Required: total % or total $ 6 ". I Rev. CTEP DBE March 3,2000 3 BIDDER'S LIST i z g Citywide Sidewalks - Bozeman (Federal Aid Project Number) (Federal Aid Project Name) Name of Prime Bidder: 1_41cA --P.AU'i (Bidder's/Proposer's na(ne) In order to meet the requirements of the MDT DBE Program, each contractor supplying bid information on a federal-aid project must submit a completed Bidder's List within 48 hours of the bid opening. This must include a list of all contractors that have provided the bidder with quote, subquote, or estimate information. Whether or not the prime bidder used the information, all companies that provided bid information must be listed. In the event the bidder has not received any bid information, the bidder must indicate that fact by writing NONE on the list. Blank or incomplete Bidder's Lists will not be accepted. Name: !�®!`J Name: Name: Name: Name: Name: Name: Name: Name: Name: Name: Name: Note: Use additional sheets as necessary 4 NON-DISCRIMINATION AFFIRMATION FORM [name of entity submitting]hereby affirms it will not discriminate on the basis of race,color,religion,creed,sex,age,marital status,national origin,or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman,if a contract is awarded to it,and also recognizes the eventual contract,if awarded,will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the Al [name of entity submitting]employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: -i'- -- Person authorized to sign on behatf or the bidder t� i i. !F+ a. R 4 I. AGREEMENT FORM THIS AGREEMENT is dated as of the day of(C ��-t in the year 2015, by and between CITY OF BOZEMAN, hereinafter called OWNER, and High Country Paving, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work consists of two schedules and is generally described as follows: The project work is generally described as follows: Installation of a 10-foot wide shared use pathway along portions of North 19th Avenue. Installation of pedestrian ramps at the following intersections: South 141h Avenue and West Dickerson Street, South 14th Avenue and West Story Street, South 13th Avenue and West Story Street, South 13th Avenue and West Dickerson Street, South 12th Avenue and West Dickerson Street, South 12th Avenue and West Story Street,North Montana Avenue and East Aspen Street,North Montana Avenue and East Cottonwood Street,North Montana Avenue and East Peach Street,North Montana Avenue and East Beall Street,Arthur Street and South 41h Avenue, East Lincoln Street and North Grand Avenue, Arthur Street and South Grand Avenue, and the 300 Block of North Willson Avenue. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: CTEP Bike/Ped Project, City of Bozeman. Article 2. CONTRACT TIME. f 2.1 The Work will be completed within 60 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of Two Hundred Two Thousand Eight Hundred Twenty Dollars and Fifty Cents ($202,820.50). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances,rules and regulations that in any manner may affect cost,progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost,progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations,investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price,within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations,tests,reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts,errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color,religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. f 7.7 CTEP DBE Requirements 7.8 General Conditions. 7.9 Supplementary Conditions. 7.10 FHWA— 1273 Form 7.11 EEO Affirmative Action Requirements 7.12 CTEP Special Provisions 7.13 Wage Rates. 7.14 Special Provisions and Measurement and Payment. 7.15 Montana Public Works Specifications,Sixth Edition,and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7.16 Standard Forms. 7.17 Addenda listed on the Bid forms. 7.18 CONTRACTOR'S executed Proposal forms. 7.19 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.20 Notice of Award. 7.21 Notice to Proceed. 7.22 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.23 Any Notice of Partial Utilization. 7.24 Notice of Substantial Completion. 7.25 Notices of Final Completion and Acceptance. 7.26 Non-discrimination affirmation form. 7.27 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification(as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the parry giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. i i I I' 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONY 4TOR) 3 By (SEAL &) (ATTEST) Title ` t .;�j I,> (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman (OWNER) " i s By �.(CITY MANAGER) (SEAL,&)�—� ATTEST APPROVED- S TO FORM: d ,,,KITY ATTORNEY) c:hvpdocs\forms\agreefrm.mrg I a PERFORMANCE BON Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Marne,and Address of Principal Place of Business): High Country Paving,Inc. Nationwide Mutual Insurance Company 5200 Thorpe Rd. 1100 Locust Street,Dept.2006 Belgrade,MT 59714 Des Moines,IA 50391-2006 OWNER(Nance and Address): City of Bozeman 20 East Olive Bozeman,MT CONTRACT Effective Date of Agreement: 10 i i; Amount:$202,820.50-Two Hundred Two Thousand Eight Hundred Twenty&501100 Description(ATame and Location): CTEP Bike/Ped Project BOND Bond Number:Bd 742400 Date(No(earlier than Effective Date of Agreement): 1 $ i Amount: $202,820.50-Two Hundred Two Thousand Eight Hundred Twenty&501100 Modifications to this Bond Fom): Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer;agent,or representative. CONTRACTOR AS(PRINCIPAL SURETY High Country Paving,In (Seal) Nationwide Mutual Insurance Company Contract e and rporate Seal Surety's Natne and grporate Seal 3,. 8, B By: ' ✓ R r y: ,,nature (7§igna, re(Attach Power of Attorney) N ._Yve&M.Quinn Print Name Print Name ✓ Attorney-In-Fact Title Title 6_ Attest: �f }�'��✓`����{� ✓' Attest: Signature S' natures Tim'' Title Note: Provide execution by additional parties,such as joint venturers, ij'necessary. i EJCM C-610 Performance Bond Prepared by the to;ineers Joint Contract Documents Committee. Page 1 of 3 ' I Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint: Yvette M. Quinn each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature,in penalties not exceeding the sum of Five Hundred Thousand Dollars and 0/100 $500,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president, or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company,and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers, contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document, contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed as duly attested by the signature of its officer the 13'" day of February,2014. Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Company r: . / "' ',�� and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company, r / ,SEAL'; OTSEAL)eM AMCO Insurance Company,Allied Property and Casualty Insurance Company,and Depositors Insurance Company ACKNOWLEDGMENT STATE OF IOWA,COUNTY OF POLK: ss On this If day of February,2014,before me came the above-named officer for the Companies aforesaid, to me personally known to be the officer described in and who executed the preceding instrument,and he /,;SEAL y / (.SEALij acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies, ��,,.r► *�� and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. • "s`?` Sandy Alitz Notarial Seal Iowa '•SEAL'"SEAL) / 0ji, Commission Number 152785 "I'Commission Expires March,24,2017 Notary Public ;A4 My Commission Expires + CERTIFICATE March 24,2017 I,Robert W Homer III,Assistant Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seals of said Companies this day of 20 Assistant Secretary This Power of Attorney Expires March 24,2017 BDJ 1(04-14) 00 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, it the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right,if any,subsequently to declare a Contractor Default,and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days alter 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: i. Surety in accordance with ilie refills of tiie Coniraci;or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2,Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner, to perform and complete the Contract;or 3,2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors;or y 33 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 pa.vmcnt bG11dS cKCCU11cd by a qualified ;urcty cquivalcat w t<ic lounuls issLiGcl o1i ilic Oor1G'aut, a11G pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which I 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. 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 tinder 1 i 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 `i i j i 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 Iiable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs,executors,administrators,or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders,and other obligations. S. 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. i 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. i 11. Definitions. i 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. j 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 i 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—'Aarne,Address anti Telephone)ety Agency or Broker: l Owner's Representative(Engineer-or other peyI.): f >;3CDC C-610 Perfki mance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 _ y, t i I i PAYMENT BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR (Name and address): SURETY(A'ante,and Address of Principal Place of High Country Paving,Inc. Business): 5200 Thorpe Road Nationwide Mutual Insurance Company Belgrade,MT 59715 1100 Locust Street,Dept.2006 OWNER(Amine and Address): Des Moines,IA 50391-2006 City of Bozeman 20 East Olive Bozeman,MT CONTRACT Effective Date of Agreement: I Amount:$202,820.50-Two Hundred Two Thousand Eight Hundred Twenty&501100 Description(Name and Location): CTEP Bike/Ped Project BOND Bond Number: Bd 742400 Date(Not earlier tha Effective Date of Agreement): E Amount: $202,820.50-Two Hundred Two Thousand Eight Hundred Twenty&50/100 Modifications to this Bond Form: i Surety and Contractor;intending to be legally bound hereby,subject to the terms set forth below,do each t, cause this Payment Bond to be duly executed by an authorized officer,agent,or representative, CONTRACTOR AS PRINCIPAL SURETY I High Country Paving,In (Seal) Nationwide Mutual Insurance Company Co is Name and o orate Seal Surety's Name and Corporate Seal ttp pFfa9 a y'P By: By: Signature 'Signture (Attach Power of Attorney) "---Yvette M.Quinn Print Name Print Name i f. r Attorney-In-Fact j ,Title Title Attest: c Attest 1 u� Signature Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessaiDl. a e EJCDC C-615 P ym [Bond n Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint: Yvette M. Quinn each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature,in penalties not exceeding the sum of Five Hundred Thousand Dollars and 0/100 $500,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company,and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers, contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document, contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed an duly attested by the signature of its officer the I day of February,2014. ►.W �� ,�.os-'', Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Company ,� ��?— - % and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company, SEAL' i�SEALs 1� � / AMCO Insurance Company,Allied Property and Casualty Insurance Company,and Depositors Insurance /:•. :y Company ACKNOWLEDGMENT STATE OF IOWA,COUNTY OF POLK: ss � \.,� On this 13`"day of February,2014,before me came the above-named officer for the Companies aforesaid, ,r ! � orF r�� � i to me personally known to be the officer described in and who executed the preceding instrument,and he 0, `SEAL:y /,:.SEAL,t acknowledged the execution of the same,and being by me duly sworn, deposes and says,that he is the ''•.. 1 officer of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies, \ ice ���► i� and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. ww , �ma +? ', Sandy Alit v�'w Notarial Seal—lows i � SEAL';0. 1 °SEAL: Commission Number152785 / Notary Public "ty Commission Expires March,za,2ot7 M Commission Expires Y P� ��►�� a�+� CERTIFICATE March 24,2017 I,Robert W Horner III,Assistant Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. tt/_f L`9 IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seals of said Companies this (6 day of 20 Assistant Secretary This Power of Attorney Expires March 24,2017 BDJ 1(04-14) 00 - I 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 z 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 12 Defends,indemnifies, and holds harmless Owner from all claims,'dernands,heirs, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract;provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly,for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied,or for whom the labor was done or performed;and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly Or indirectly: and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. of 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 acrions: 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. I 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount ofthis 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 } a - I i 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated j to the Contract Owner shall not be liable for payment of any costs or expeDses 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 last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner; or Contractor shall be mailed or delivered to the addresses shown on the sicnature 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 sisnature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed,any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.The intent is that this Bond shall be construed as a statutory Bond and not as a common Iaw bond. 14, Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15.Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor,materials,or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water, gas, power, light,heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor; materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, j including all Contract Documents and changes thereto_ y 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) i Surety Agency or Broker: Owner's Representative(Engineer-or other): FJCDC C-615 PRyment Bond Prepared by the Fngineers Joint Contract Documents Comaktee. Pa-_e 3 of 3 HIGHC-7 OP ID:TW ACORN" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `--�� 09/22/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY-OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:CONTACT Mark Roemer,CIC Central Insurance Agency PHONE 406-388 4228 FAX 40 161 W.Madison A/c Ne E,,t: A/c No): 6 388 4229 PO Box 1170 E-MAIL mroemer@cia-mt.com Belgrade,MT 59714 ADDRESS: Mark Roemer,CIC INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:United Fire Group INSURED High Country Paving, Inc INSURERB: 5200 Thorpe Rd Belgrade,MT 59714 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE DD BR POLICY EFF POLICY EXP LIMITS LTR INSD D POLICY NUMBER MM/DD/Y MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ^� 1,000,000 CLAIMS-MADE FXIOCCUR X 60436013 08/01/2015 08/01/2016 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY T JE� LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea acddent A X ANY AUTO X 60436013 08/01/2015 08/01/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Peracddent X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE X 60436013 08/01/2016 08/01/2016 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑N/A E.L.EACH ACCIDENT $ ',, OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If es,descdbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Leased& 60436013 08/01/2015 08/01/2016 100,000 Rented Equipment Ded$500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE: 2015 CTEP Bike/Ped The certificate holder is listed as an additional insured as their interests may appear with respects to the operations of the named insured. This includes products and completed operations. Contractual Liability applies as well as a 45 day notice of cancellation. CERTIFICATE HOLDER CANCELLATION CITYB-7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Department P O Box 1230 AUTHORIZED REPRESENTATIVE Bozeman,MT 59771 �•t'}�t�C r , 'C���,^�.}, J j ©1988-2w014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD OP ID:TW ACLJR® DATE(MM/DD/YYYY) �..� EVIDENCE OF,PROPERTY INSURANCE 09/22/2015 F THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY A/.NNo Ext:406-388-4228 COMPANY Central Insurance Agency Liberty Mutual 161 W. Madison 9450 Steward Rd PO Box 1170 Fairfield, OH 45014 Belgrade, MT 59714 Mark Roemer,CIC A/C No 406-388-4229 EbDRIE,s: CODE: SUB CODE: AGENCY HIGHC-7 CUSTOMER ID#: INSURED LOAN NUMBER POLICY NUMBER TBD High Country Paving, Inc EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 5200 Thorpe Rd 09/22/15 03/22/16 TERM INATEDIFCHECKED Belgrade,MT 59714 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION North 19th Ave 2015 CTEP Bike/Ped Bozeman,MT 59715 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk/RC/Special $203,000 $2500 Earthquake $203,000 $25000 Flood $203,000 $25000 REMARKS(including Special Conditions Subcontractors and Sub Subcontractors are liste as additional insureds as their interests may appear. i CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE LOAN# City of Bozeman Dept of Engineering AUTHORIZED REPRESENTATIVE P O Box 1230 Bozeman, MT 59771 ACORD 27(2009/12) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE CERTIFICATE OF LIABILITY INSURANCE 0 9/1 712 0 1 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 00002-001 CONTACT NAME: Alistair Direct Insurance LLC ArccNNo Exc: (406)234.3696 Vic,No c (406}234-3695 3262 Ave F EMAIL laurieb@mvisagency,com Billings, MT 59102 INSURER S AFFORDING COVERAGE NAIC fk INSURER A: Victory Insurance Company,Inc. INSURED INSURER a High Country Paving, Inc, INSURERC; 5200 Thorpe Road INSURERD: Belgrade, MT 59714 INSURER E: INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADDL SUER LIMITS LT TYPE OF INSURANCE lmqpWD POLICY NUMBER PO(MMDDDY EFF POLDICDY EXP GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES Ea occurrence CLAIMS-MADE ❑OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ POLICY PRO' JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea a.c' en '.. ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE 5 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY ANYPROPRIEI'OR/PARTNER/EXECUTIVE(Y�! TORYLIMITS ER A OFFICER/MEMBER EXCLUDED? t y I N/A WC100-0000477-2015A 9124/2015 9/24/2016 E.L.EACH ACCIDENT $ 11000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yS,describe under $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space fs required) Project:2015 CTEP Bike/Pad CERTIFICATE HOLDER CANCELLATION City of Bozeman PO Box 1230 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Bozeman M i ��77 j THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©'1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER COPY VICTORY WC 25 06 01 A EN1 10-04 Policy Number: WC100-0000477-2 Workers Compensation and Employers Liability Insurance Policy Insurer: Victory Insurance Company, Inc. MONTANA CANCELATION & NONRENEWAL ENDORSEMENT Insured: High Country Paving, Inc. The policy period is from: 09/24/2015 to: 09/24/2016 Page 1 of 2: This endorsement applies only to the insurance provided by the policy because Montana is shown in Item 3.A. of the Information Page. The CANCELATION Condition of the policy is replaced by this Condition: CANCELATION 1. You may cancel this policy. You will mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy. We will mail or deliver to you and to the Workers' Compensation Division not less than 20 days advance written notice stating when the cancelation is to take effect. Mailing notice to you at your last known address will be sufficient to prove notice. 3. If this policy has been in effect for 60 days or more, we may cancel only for one of the following reasons: a. A nonpayment of premium; b. A material misrepresentation; c. A substantial change in the risk we assumed under the policy unless it was reasonable for us to foresee the change or contemplate the risk when we issued the policy; d. A substantial breach of the duties, conditions or warranties under the policy; e. The Commissioner has determined that continuation of the policy would place us in violation of the laws of Montana; f. We are financially impaired; or g. Any other reason that is approved by the Commissioner. 4. Our notice of cancelation will state our reasons for cancelling. ISSUE DATE: 09/10/2015 v1CTO1R}, WC 25 06 01 B EN1 10-04 Policy Number: WC100-0000477-2 Workers Compensation and Employers Liability Insurance Policy insurer: Victory Insurance Company, Inc. MONTANA'CANCELATION &NONRENEWAL ENDORSEMENT Insured: High Country Paving, Inc. Endorsement Number: Endorsement Effective: 09/24/2015 The policy period is from: 09/24/2015 to: 09/24/2016 Page 2 of 2: NONRENEWAL 1. We may elect not to renew. We will mail or deliver to you and your agent not less than 45 days advance written notice stating ourintention ri wt-t0 renew-crns policy. Mailing i-ivuuctD-you at your last known address will be sufficient to prove notice. I I 7 1A/o r{^ n-+_h7\/CA fn rono%ai+ho r,nlinv_if_vry I nro inei irnrl nicia ihnnn_urgent rr%niarcNmAnt_inci iranrr�_nr I —V V Ii uV I AV L 11U— LV A\ I I VY-LA I� t. --y a y VIA CA-V A-I A— --I. N...—fl,— v•11v1 It ...va:.a a.+..vv request or agree to nonrenewal or if the policy is expressly designated as being nonrenewable. 3. Our notice of nonrenewal will state our reasons for not renewing. ISSUE DATE: 09/10/2015 This document has important legal consequences;consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC `�� Ar s—NCouncu or.F_urivrrawc.CoWrawFs s i.�y � y ie icim a ASCEAmerican Society National Society of of Civil Engineers professional Engineers Professional Engineers In Privale Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS i i PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS i Endorsed by j L CONSTRUCTION SPECIFICATIONS INSTITUTE r EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). Copyright©2007 National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314-2794 (703)684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street'N.W.,Washington,DC 20005 (202)347-7474 www.acec.or American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 (800)548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard,Suite 400,Arlington,VA 22201-3308 (703)548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC.'All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology............................................. ........................................................I 1.01 Defined Terms.............. .......... ........ . ............... ...................................................................... 1 1.02 Terminology..................................................................................................................................5 Article 2—Preliminary Matters... ....................................................................................................................6 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................6 2.02 Copies of Documents....................................................................................................................6 2.03 Commencement of Contract Times; Notice to Proceed...............................................................6 2.04 Starting the Work.. ..................................................................................................................7 2.05 Before Starting Construction........................................................................................................7 2.06 Preconstruction Conference;Designation of Authorized Representatives..................................7 2.07 Initial Acceptance of Schedules.... ......... ...................................................................................7 Article 3—Contract Documents: Intent,Amending,Reuse... .......................................................................8 3.01 Intent: .. . .. ........................................... ..................8 3.02 Reference Standards. . ............ ... . .......................................................................8 3.03 'Reporting and Resolving Discrepancies. . . ...................................................................9 3.04 Amending and Supplementing Contract Documents...................................................................9 3.05 Reuse of Documents .................................. ..................................................10 3.06 Electronic Data. ....... ..................................................................10 Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions,Reference Points.. ............. ........ ..............................................................................11 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions........................................................................................... 11 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities.. ............................................................................................................13 4.05 Reference Points..... . .................................. ..........................................................................14 j 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—Bonds and,Insurance................. .................................................................................................... 16 4 5.01 Performance,Payment,and Other Bonds...................................................................................16 5.02 Licensed Sureties and Insurers.................................................................................................... 16 5,03 Certificates of Insurance .............................................................................................................17 5.04 Contractor's Insurance .............................................................................................................. 17 c 5.05 Owner's Liability Insurance........................................................................................................19 5.06 Property Insurance....................................................................................................................... 19 5.07 'Waiver of Rights.........................................................................................................................20 5.08 Receipt and Application of Insurance Proceeds. ......... ......... ......... ......... .......... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page r; 5.09` Acceptance of Bonds and Insurance;Option to Replace.... . .... .. ....... ........... .. .... ...... ......21 5.10 Partial Utilization,Acknowledgment of Property;Insurer....... .` ........ ... ..... ........ ... ... ......22 Article 6-Contractor's Responsibilities.... ............. . .. ..... .. ........ . ...... ..... .... ... ...... ........ ....... .....22 6.01 Supervision and Superintendence........... .. ....... ....... . ............ .....`......... .........: ..... ......22 6.02 Labor;Working Hours......... ... .............. . ........ ........ ....... . . ............ .... .. . ........ ...... ......22 6.03 Services,Materials,and Equipment. .22 6.04 Progress Schedule.... ............ ..... ........ .......... ..... .. .. .......... .. .... ...... ... ........! ........ ....23 6.05 Substitutes and"Or-Equals" .23 6.06 Concerning Subcontractors,Suppliers,and Others.... .. ... .... .25 6.07 Patent Fees and Royalties ... .. .......... ..... ....... .27 6.08 Permits................................. .... .... .......... .. . ..... ......... ... ....... ... ..... ........ ......... ...... ......27 6.09 Laws and Regulations................................................ .... .. .28 6.10 Taxes .................................................. ...... . ........... ..... . ..... .. ... ........... ....... ....... ... ... ......28 6.11 Use of Site and Other Areas.................................. .. .28 6.12 Record Documents.................. . .... .... . ............. .. .... ..... .. .29 6.13 Safety and Protection.................................................... .. .. ............ ....` ............. ... .. . ...........29 6.14 Safety Representative................................................ .... .. .. .. .30 6.15 Hazard Communication Programs.. ................. ... . ....... ........ ......... ....... . ........... ... .......30 6.16 Emergencies................................. .30 6.17 Shop Drawings and Samples................. . .......... .......`. ........ .... ..... . .......`... . ...... ............31 6.18 Continuing the Work.. ......... ....... ...... . .32 6.19 Contractor's General Warranty and Guarantee.... ....... .... .. .... ............... .. . ....... . ............33 6.20 Indemnification........ ..... ........ . ..... ... ............ . . ....... .. .33 6.21 Delegation of Professional Design Services................ .. . ..... .......... ....... . ... ......... ............34 Article7-Other Work at the Site............................................................................................................. 35 7.01 Related Work at Site............. ........ ..... .. .. .35 7.02 Coordination....................................... . .... ... ...... . ............... .. ........ ... .............. . .... ..... ...35 7.03 Legal Relationships........... ... . . .. .36 Article 8-Owner's Responsibilities................. ....... ... ..... . . .... .36 8.01 Communications to Contractor...................................................................................................36 8.02 Replacement of Engineer............... ........: ........ ......... .........................................................36 8.03 Furnish Data................................... .................... ...... .. . ....... .... . .36 8.04 Pay When Due................................... .................. .36 8.05 Lands and Easements;Reports and Tests. ......... ......... ......... ......... ................. .` ........ ....36 8.06 Insurance......................................... ....................... .. ...., .......... .............. ..... ... .36 8.07 Change Orders.................................................................. .. ........... .... ....... . . ........ , ............37 8.08 Inspections,Tests,and Approvals............ ......... . . ......: ........ ........ ..... ......... .............37 8.09 Limitations on Owner's Responsibilities............ ......... . .......c ........> ......... ......... .............37 8.10 Undisclosed Hazardous Environmental Condition......... .......:: ........ ............. . .... ........ ....37 8.11 Evidence of Financial Arrangements............................... ....... . ......... ......... ........: ........ ....37 8.12 Compliance with Safety Program........................ ......... ......... ......... ......... ......... .............37 Article 9-Engineer's Status During Construction............................. ......... .... ...... ... ....37 9.01 Owner's Representative....................................... .. ....... ..... . . . . ., ........ ... ... ........37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page ii ^ ' . ! � � | ` � ' � - 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ....................39 Article 13—Tests and Inspections;Correction,Removal or Acceptance of Defective Work.............. ........48 14/06 Final Inspection—.'~..—.—.--.--.....--...--...---.—,--...--.—.—.—.—,—y7 14{}7Fionl Payment.—.--..—.....-----.~.--....--...—.—.......—.....--.—._~5? 14.08finul Completion Delayed.................. .......................................................... ............................58 oJCDC C-r00 Standard General Conditions of the Construction Contract copyrigha(P 2007 National Society m Professional Engineers for EJcoc All rights reserved. Page i» 14.09 Waiver of Claims, .58 Article 15-Suspension of Work and Termination.......'.. .......... .. ... .. ............. ...... . ............... ............59 15.01 Owner May Suspend Work. .59 15.02 Owner May Terminate for Cause. .59 15.03 Owner May Terminate For Convenience. .60 15.04 Contractor May Stop Work or Terminate..'.. ................ ....... ......... ......... . .............. .. ....60 Article 16—Dispute Resolution....... ...... ...... ... ......... . ........ ............... .`. ........ .......... .... . ............61 16.01 Methods and Procedures........ ....... ........: .......... ........... ....... .............. . .. .............. .......61 Article 17—Miscellaneous........................................... . ........ ......... .......... . .61 17.01 Giving Notice.............................................. . ....... .... .61 17.02 Computation of Times.......................................... ........ ..... .. . .62 17.03 Cumulative Remedies...................................................... ......:. ...... .. ........ .... ..... ... ... ......62 17.04 Survival of Obligations. ........................... .... .62 17.05 Controlling Law.................................................... ............................. ......... ........ .. ..........62 17.06 Headings.................................................................... . ..... . . .... .. .62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved Page iv ARTICLE 1—DEFINITIONS AND TERMINOLOGY k 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, he terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment.—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos-Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form,if any,and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times,issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the_Work. The Contract supersedes prior negotiations, representations, or agreements,whether written or oral. EJCDC C-lot►Standard General Conditions of the Construction Contract Cop}might©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pagel of 62 12. Contract Documents Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 1`1.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones,if any; (ii)achieve Substantial Completion; and(iii)complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals'are not Drawings as so defined. 18. Effective Date of the Agreement—The''date indicated in the Agreement on which it becomes' effective,but if no such date is indicated,it means the date on which the Agreement is signed and delivered by the Iast of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial'danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time. 24. Laws and Regulations;Laws or•Regulations—Any and all applicable laws,rules,regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and> courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27.Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice;given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.: 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32.Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole,or apart. 34.Project Manual The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes,is contained in the table(s)of contents. 35.Radioactive Material-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples-Physical examples of materials,equipment,or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time, requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule,prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. i EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings—`All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract'Documents as being ftunished by;Owner upon which the Work is to be performed,including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work'`(or'a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended.' The terms "substantially complete"and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder The Bidder submitting a responsive'Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents ''which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator,;supplier, distributor, materialman,,or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, 'wires,' manholes, vaults, tanks,tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid' petroleum products, telephone or other communications, cable television, water, wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 x addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change;Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed,!! "as approved,)> LL as ordered,)) GG as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable... Lreasonable,)) GG suitable,)! "acceptable," GG proper,)) ``satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is aspecific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the +provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word'"day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The ,word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05), EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of Q E. Furnish,Install,Perform,Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall' mean to supply and deliver said services, materials,or equipment to the Site (or some other specified location)ready for use or installation and in usable'or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services,'materials,or equipment complete and ready for intended use. 3. The words "perform" or "provide, when used in connection with services, materials, or equipment, shall mean to furnish and install said services,'materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner,Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions,certificates of insurance(and'other evidence of insurance'which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times;Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times continence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals;and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference;Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate,in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions,receive information, render decisions relative to the Contract,and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the-schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 4 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 f El CDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3--CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. K It is the intent of the Contract Documents to describe a functionally complete project (or part' thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards,Specifications,Codes,Laws,and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization,or association,or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual,code, or haws or Regulations in effect at the time of opening of Bids (or on the Effective Date'of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction'shall be effective to assign to Owner,Engineer,or any of their officers,directors,members,partners, employees,agents, consultants, or subcontractors,any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby(except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents);or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized,by one or more of the following ways: l EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 1 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample'(subject to the provisions of Paragraph 6.17.D.3);or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing,the seal of Engineer or its consultants,including electronic media editions;or 2. reuse any such Drawings, Specifications,other documents,or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic.Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies(also known as hard copies).Files in electronic.media format of text,' data, graphics, or other types are furnished only for tile convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files'agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic .media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used by the data's creator. EJCDC C•700 Standard General Conditions of the Construction Contract Copyright O 2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 ARTICLE 4—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availability,of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlelnent to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both,as a result of any delay in Owner's furnishing the Site or a part thereof,Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. 'Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data;" Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers,directors, members,partners, employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions,or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 11 of 62 j 4.03 Differing Subsurface or Physical Conditions A. Notice: Lf 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"tectmical data"on which Contractor is entitled to rely as provided in Paragraph 4,02 is materially inaccurate;or 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents;or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the, subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order to do so. . B. Engineer's.review: After receipt of written notice as required by Paragraph 4.03.A,Engineer will promptly review the pertinent condition,determine the necessity of Owner's obtaining additional' exploration or tests with respect thereto, and advise Owner in writing(with a copy to Contractor) of Engineer's findings and conclusions.' C. Possible.Price and,limes Adjustments; l. The Contract Price or the Contract Tines, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however,to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A;and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if-, a. Contractor knew of the existence of such conditions at the time Contractor made a final' commitment to Owner with respect to Contract Price and Contract 'Times by the submission of a Bid or becoming bound under a negotiated contract;or b. the existence of such condition could reasonably have been;discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C•700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC.All rights reserved, Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to;give the written notice as required by paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 14.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04, Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and 2. the east of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner,during construction;and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1, If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any,of any such adjustment in Contract Price or Contract Times,Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such"technical data,"'Contractor may not rely upon or make any claim against Owner or Engineer,or any of their officers,directors, members,partners, employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident` thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Q 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor,Subcontractors,Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whore Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 4,16,A); and;(iii) notify Owner and Engineer (and promptly thereafter confine such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer,Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4,06,E, E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely.If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both,as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed_by Contractor, either party may make a Claim therefor as provided in Paragraph 10,05, F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC, All rights reserved. Page 1S of 62 __ H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members,partners,employees,agents, consultants,and subcontractors of each and any of them from and against all claims,costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental' Condition uncovered or revealed at the Site. ARTICLE 5—BLINDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds,each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents.These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided' otherwise by Laws or Regulations,and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority;as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular'570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases< to meet the requirements of Paragraph 5.0l.B,, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification,provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01:13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to; issue bonds' or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. E. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. 'Contractor shall purchase and maintain such insurance as is appropriate for the Work being perforated and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor,any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury,sickness or disease,or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Alt rights reserved Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor,or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located,including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability)Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom'shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other" additional insured identified in the Supplementary Conditions to whom a certificate of`insurance'has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03'will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 national Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 { 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations).This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of therm, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk"all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning,,extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage(other than that caused by flood),and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); I 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for>partial'utilization of the Work by Owner; 4 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property t insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 19 of 62 i^� members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified' in this Paragraph 5.06 to protect the interests of Contractor,Subcontractors,or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne byContractor,Subcontractors, or others suffering any such loss, and if any of them wishes property,insurance coverage within the limits of such amounts,each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other"special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible,include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site,Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers,directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors,'members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors' and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them)'under`such policies for losses and damages so caused.' None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so' issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents,consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of,or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner;during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees,agents,consultants and subcontractors of each and any of them. 5.08 Receipt and Application of insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof,and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance;Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents,the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably,request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in ' writing;of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other parry's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization,Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor'shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means,method, technique, sequence,or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced'without written notice to Owner and Engineer except' under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times` maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working"hours. Contractor will not permit the+ performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent(which will not be unreasonably withheld)given after prior written notice to Engineer. 6.03 Services,Materials,and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services,materials,equipment,labor,transportation,construction equipment' and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance,testing, start-up,and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Alt rights reserved. Page 22 of 62 B. All materials and equipment incorporated into the Work shall be as<specified or,if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall-furnish satisfactory evidence (including reports of required tests) as to the source,kind,and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used,cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal item or no substitution is permitted, other items of material or equipment or material or equipment of'other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal"Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength,and design characteristics; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 national Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the 'function and achieve the results imposed by the design concept of the completed Project as a functioning whole;and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times;and 2) it will conform `substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. if in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use.The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general' design, b) be similar in substance to that specified,and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item,and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24`of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering,sales,maintenance,repair,and replacement services;and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer,in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B.Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No`"or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal.." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer_ approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner)resulting from the acceptance of each proposed substitute. F. -Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EdCDC. AU rights reserved. Page 25 of 62 required to employ any Subcontractor, Supplier, or other Individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. if the Supplementary Conditions require the identity of certain Subcontractors,Suppliers,or other individuals or entities to be submitted to Owner in advance for acceptance by,Owner by a specified date prior to the Effective Date of the Agreement,and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance(either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)of any such Subcontractor,Supplier,or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier,or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity,whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions'of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing;in the Contract Documents: 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 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor,Supplier,or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities' performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Cons"etion Contract Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary F Conditions to be listed as insureds or loss payees (and the officers, directors, members,partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of,relating to,or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product,or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants,and subcontractors from and against all claims,costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention,design,process,product, or device specified in the Contract Documents,but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers,'directors,members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product,or device not specified in the Contract Documents. 6.08'; Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses.Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids,or, if there are no Bids,on the Effective Date of the Agreement.Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations' applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals and all court or arbitration or other=dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any,of any such adjustment,a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Tees A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: I. Contractor shall confine construction equipment,the`storage of materials and equipment,and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas'`with construction equipment or other materials or equipment. Contractor shall assume full'responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold' harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified fi hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the. Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure,nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples,and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the Site; and 3. other ;property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation,or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and'other utility owners when prosecution of the Work may affect them, and'shall cooperate with them in the protection, removal,relocation,and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees'and representatives must comply,while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly,in whole or in part,by Contractor,any Subcontractor,Supplier,or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, shall be'remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them,or anyone'for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.$ that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act'to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 30'of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions,specified performance and design criteria,materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2, Samples; a, Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample,Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application,fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. F TCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for FJCDC. All rights reserved. Page 31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents'. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review.- 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means,methods,techniques,sequences,or procedures of construction(except where a particular means,method,technique,sequence,or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review:and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 617.C.1. E. Resubrnittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit,as required,new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. AD rights reserved. Page 32"of 62 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification,or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection,test,or approval by others;or 7. any,correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer,and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims,costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work,provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself),including the loss of use resulting therefrom but only to the extent caused;by any negligent act or omission of Contractor, any Subcontractor, any Supplier,or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 _ B. In any and all claims against Owner or Engineer or any of their officers, directors, members,' partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee)of Contractor, any Subcontractor,any Supplier,or any individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts'any of them may be liable,the indemnification obligation under Paragraph; 6.24.A shall not be limited in any way by any limitation on the amount or type' of damages, compensation,or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of. 1. the preparation or approval of,or the failure to prepare or approve'maps,;Drawings,opinions,; reports, surveys,Change Orders,designs,or Specifications;or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's` responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable.law. B. If professional design services or certifications by a 'design professional related to systems,' materials or equipment are specifically required of Contractor by the Contract Documents,Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by;a properly licensed' professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional.' Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others,shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to'rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals,provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of (checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph' 6.17.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC,'Alt rights reserved. Page 34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents,then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work,a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner,if Owner is performing other work with Owner's employees, proper and safe access to the Site,provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. I 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; c i 2. the specific matters to be covered by such authority and responsibility will be itemized;and j 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Alt rights reserved. Page 35 of 62 t f B. Unless otherwise provided in the Supplementary Conditions,Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs` incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions,Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom` Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering'surveys' to establish reference points are set forth in Paragraphs'4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any,with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard general Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36'of 62 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections,Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 ' Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means,methods,techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the 'Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13,1). ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright(P 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 continuous inspections on the Site to check the quality or quantity of the Work.Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations,Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09.Particularly,but without limitation,during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise,'direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences,or procedures of construction,or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist' Engineer in providing more extensive observation of the Work'.The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve'an adjustment in the Contract Price'or the Contract Times and are compatible`with the design concept`of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field`Order'justifies an adjustment in the Contract Price or Contract Times, or both,and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph, 13.04, whether or not the Work is fabricated,installed,or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 38 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples,see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders,see Articles 10, 11,and 12. D. In connection with Engineer's authority as to Applications for Payment,see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor,subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be`referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date Of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor,subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 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 Mork in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier,or of any other individual'or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions,_schedules, guarantees,bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered;by Paragraph 14.07A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with,the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative,if any,and assistants,if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORK;CLAIMS 10.01 Authorized Changes in the Work` A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable'conditions of the Contract Documents(except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to,or on the amount or extent,if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph' 10.05. EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 40'of 62 10.02 Unauthorized Changes in the Work 4 A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change `Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations,but during any such appeal,Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility, The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice:Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event(unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which'the claimant believes it is entitled as a result'of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal(unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last' submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim;or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of`further resolution of the Claim, such notice shall be deemed'a denial. D. In the event that Engineer does not take action on`a Claim within said 30 days,the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16'within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11—COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs,except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered`by a Change Order` or when a Claim for an` adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim.Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project,shall not include any of the costs itemized in Paragraph 11.013,and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42'of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, 'excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday,or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts,rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine,with the advice of Engineer,which bids,if any,will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's'employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, j machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery,and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 said rental agreements. The rental of any such equipment, machinery,or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable,as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly;employed by any of them or for whose acts any of them may be liable,and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except>losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted'from causes other than the negligence of Contractor, any Subcontractor,or anyone directly or indirectly employed by any of them or for whose' acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities,fuel,and sanitary facilities at the Site. h. Minor expenses such as telegrams,long distance telephone calls,telephone service at the Site, express and courier services,and`similar petty cash items in connection with the< Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,' expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the' Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including, interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Q 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved. Page 44 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied,and making good any damage to property. 5 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0LA. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work,Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. S. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes;and b. Contractor's costs for unloading and handling on,the Site, labor, installation, overhead, profit,and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover j unanticipated costs. D. Prior to final;payment, an,appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work G A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an'adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner i is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment'in the Contract Price shall be based on written notice'submitted by the party making the Claim'to the Engineer and the other party to the Contract in accordance with the provisions of Paragraphs 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1, where the Work involved is covered by unit prices'contained in the Contract Documents,by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03);or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum(which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2) or 3. where the Work involved is not covered by unit prices contained'in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.0l.B.2, on the basis of the Cost of the Work (determined''as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46''of 62 C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee;or 2. if a fixed fee is not agreed upon,then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 1 I.0l.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 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.0l.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e,inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O2007 Na ona3 Society Professional Engineers for E CDC. All rights reserved. d. Page 47 of 62 i r i', neglect by Owner,acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7,fires,floods,epidemics,abnormal weather conditions,or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7,``or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's` entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,' abnormal weather conditions, acts of God,,acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times,if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner,Engineer,and their officers,directors,members,partners,employees,agents,consultants, or subcontractors shall not be liable to Contractor for any claims,>costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a'Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13—TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 48'of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections,tests,or approvals required by the Contract Documents except: 1. for inspections,tests,or approvals covered by Paragraphs 13.03.0 and 13.03.1)below; 2. 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.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, 'Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and famish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work;or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections,tests,or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work' A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer,be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question,furnishing all necessary labor,material,and equipment. IEJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 C. If it is found that the uncovered Work is defective,Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price, if the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective,Contractor shall be allowed an increase'in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.'if the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated;however,this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for,or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such correction or removal(including but not limited' to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any,on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found'to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective; Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2M National Society of Professional Engineers for EJCDC. All rights reserved Page 50 of 62 1. repair such defective land or areas;or 2. correct such defective Work;or 3. if the defective Work has been;rejected by Owner, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims,costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07,the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The,provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer)prefers to accept it, Owner may do so. Contractor shall pay all claims, costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. E.TCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13,06.A, or if Contractor fails to perform the Work in accordance with the Contract' Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may,after seven days written notice to Contractor,correct,or remedy any such deficiency. B. In exercising the rights and remedies 'under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph.' C. All claims, costs, losses, and damages (including but not limited' to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other' dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged`against Contractor,and a Change Order will be issued incorporating the necessary,revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable` to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction,removal,or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A'will serve as the basis for progress payments and will be incorporated into a form of Application'for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment(but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing,the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein,all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account-to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: I. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and'present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner,based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge,information and belief: i a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07,and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By,recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments' nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise,direct,or control the Work,or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work,or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price,or e. to determine,that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or,because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been 'damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D)become due,and when due will be paid by,Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC All rights reserved. Page 54 of 62 D. Reduction in Payment; 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the 'Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended;or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer,Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and ,promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor,when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete,Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14' days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to 'division of responsibilities` pending final payment between Owner and Contractor with respect to security,operation,safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree'otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion,Engineer's' aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents,or which Owner,Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work,subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor,Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial'Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part' of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights'reserved. Page 56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety,if any,to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled;and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights,arising out of or Liens filed in connection with the Work. i 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor f that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible,or which might in any way result in liens or other burdens on Owner's property, have been paid c or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and'Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also ,give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. 'Thirty days after the presentation: to Owner of the` Application" for Payment and accompanying documentation,the amount recommended by Engineer,less any sum Owner is. entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, Will become due and will be paid by Owner to Contactor. 14.08 ,Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted, if the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such;payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising, from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph.;14.06, from failure to comply with the Contract Documents or the terms of any special guarantees> specified therein,or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Q 2007 National Society of Professional Engineers for EJCAC.Ali rights'reserved. Page 58 of 62 ARTICLE 15--SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both,directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents, B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools,appliances,construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); i 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims,costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other c dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Q 2007 National society of Professional Engineers for EJCDC. Alt rights reserved. Page 59 of 62 so approved by Engineer, incorporated in a Change ;Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs'15.02.B and 15.02.0 Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. P. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.0 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): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials,_or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited'to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors. Suppliers,and others, and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other' economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive' days by Owner or under an order of court or other public authority, or'(ii)Engineer fails to act on any Application for Payment within 30 days after it is submitted, or(iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 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 terminatingthe Contract and without prejudice to any other right or remedy,if Engineer has failed to act on an Application for Payment within 30 days after it is submitted,or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer,stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph, ARTICLE 16-DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract.Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall,participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period,Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions;or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. Ali 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'certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty'or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular; duty, obligation,right,and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents,as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or terinination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parry of these General Conditions. EJCAC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC -2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC —2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 1 of 13 SC- 2.07 INITIAL ACCEPTANCE OF 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.S.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.0l.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tetrant 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 4.02.13 and replace with Special Provisions. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 2 of 13 i SC-4.03- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC- 4.04-UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 3 of 13 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC-5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory C. Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 4 of 13 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injures Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.13. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. f I 6. The Contractual Liability coverage required by Paragraph 5.04.13.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 5of13 I SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3, include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. Be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 6 of 13 6. Include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC - 5.06. C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.13: Regular working hours are defined as 8:OOAM. To 5:OOP.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments willbe acceptable toEngineer asproviding an o r d e r I y progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810-6th Edition Supplementary Conditions to the General Conditions h Page 7 of 13 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13Y 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 wort, shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also b e responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 8of13 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, 1 o a d i n g and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. E 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810-6th Edition Supplementary Conditions to the General Conditions is Page 9 of 13 equipment rental rates will be negotiated prior to t h e work, being performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25%from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will b e deducted from subsequent payments. Beginning with the 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.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 10 of 13 SC -14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 o f the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for "! Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION i Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 11 of 13 i Accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work. including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC-16.01 DISPUTE RESOLUTION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and a copy will be sent to Engineer for information. Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect to any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.0 below, no mediation arising of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 12 of 13 k, P any other person or entity (including Engineer, Engineer's Consultant and the Officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 1.13, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such Subcontractor. Nothing in this paragraph SC-16.0 LC nor in the provision of such subcontract consenting to joiner shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist. SC-17.01 GIVING NOTICE Add the following to Paragraph 17.01.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 13 of 13 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. Vl. Subletting or Assigning the Contract VI 1. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, Vill. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS IL NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor, lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the k contractor for all contract work and shall be available at j c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and j pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants! the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July, which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration, U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the appropriate)determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347!nstr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(1)of Regulations,29 CFR part 5,and that such information is correct and complete; 3. Payrolls and basic records is a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each helper,apprentice,and trainee)employed maintained by the contractor during the course of the work and f the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, and that n shall contain the name,address,and social security number of deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents Part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 i d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 2.Violation; liability for unpaid wages;liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth in paragraph(1.)of this section,the contractor and any contract clauses in 29 CFR 5.5 may be grounds for termination subcontractor responsible therefor shall or liable for the of the contract,and for debarment as a contractor and a unpaid wages. In addition,such contractor and subcontractor subcontractor as provided in 29 CFR 5.12. shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for U.S.Criminal Code, 18 U.S.C. 1001, compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. ( f c; i' ( 7 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. in the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts, purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person, principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(httos://www.epis.gov which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 I. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or ***** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(httos://www.eols.go ,which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Xi.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. if during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1 c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 Q:\SPECIAL\CONTRACT PLANS\470 Rev.3-15-02 SPECIAL PROVISIONS EEO AFFIRMATIVE ACTION REQUIREMENTS ON FEDERAL&FEDERAL-AID CONSTRUCTION CONTRACTS Federal-aid contractors are hereby notified they are subject to the OFCCP goals and timetables for minority and female participation expressed below. Compliance with the goals and OFCCP affirmative action efforts for contracts and subcontracts consisting of$10,000 or more will be determined by OFCCP officials. APPENDIX A Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity(Executive Order 11246) 1. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause and "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. 2. The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: GOALS FOR FEMALE PARTICIPATION EACH TRADE 6.9% TIMETABLES GOALS FOR MINORITY PARTICIPATION IN EACH TRADE 153 Great Falls,MT SMSA(Standard Metropolitan Statistical Area)Counties 3040 Great Falls,MT 3.2% Cascade County Non-SMSA Counties 4.1% Blaine,Broadwater,Chouteau,Fergus,Glacier,Hill,Jefferson,Judith Basin, Levis&Clark,Liberty,Meagher,Petroleum,Phillips,Pondera,Teton,Toole, Wheatland 154 Missoula,MT Non-SMSA Counties 2.7% Beaverhead,Deer Lodge,Flathead,Granite,Lincoln,Madison,Mineral,Lake Missoula,Powell,Ravalli,Sanders,Silver Bow 155 Billings,MT SMSA Counties 0880 Billings,MT 3.3% Yellowstone County Non-SMSA Counties 3.3% Big Horn,Carbon,Carter,Custer,Dawson,Fallon,Gallatin,Garfield, Golden Valley,McCone,Musselshell,Park,Powder River,Prairie,Rosebud, Stillwater,Sweet Grass,Treasure,Wibaux,Yellowstone Nat'l Park Non-SMSA Counties Valley,Daniels,Sheridan,Richland,Roosevelt 4.4% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a),and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract,and in each trade,and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract;and the geographical area in which the subcontract is to be performed. Page 1 of 1 CTEP SPECIAL PROVISIONS SECTION 101 DEFINITIONS AND TERMS 101.1004 ADDENDUM OR AMENDMENT Contract revisions developed after advertisement and before opening proposals. 101.1020 CONTRACT BOND The approved security on the Owner's form, executed by the Contractor and its surety or sureties, guaranteeing the complete execution of the Contract and all supplemental agreements thereto and payment of all legal debts pertaining to the construction of the project. 101.1100 BID PACKAGE The terms Bid Package, Project Manual, Contract Documents, and Proposal are used interchangeably throughout the bid package and includes the Bidding Requirements, Conditions of the Contract, General and Special Requirements, and project drawings. SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS 102.1001 JOINT-VENTURE BIDS Execute a "Declaration of Joint Venture and Power of Attorney" form available from the Owner to submit bid packages for highway construction as a joint venture. Designate the joint venture business name and specifically authorize a person to execute all bid packages and contracts with the Owner on behalf of all individuals and legal entities of the joint venture. Authorize this person to receive all monies due under the Contract and issue binding receipts and releases with the Owner. Include joint-venture affidavits in the proposal (bid submittal). Joint venture firms do not need to separately incorporate. 102 1002 CONTENTS OF BID PACKAGE (PROJECT MANUAL) The bid package ordinarily includes the following: A. Proposal B. Disadvantaged Business Enterprise (DBE) Requirements C. Schedule of Items D. Special Provisions E. Current Supplemental Provisions (Supplemental Specifications/Supplemental Conditions to the General Conditions) F. Wage Rate Schedules G. Other documents included by reference but not attached H. FHWA Form 1273 Required Contract Provisions for Federal-Aid Construction Contracts I. EEO Affirmative Action Requirements on Federal and Federal-Aid Construction Contracts J. Contract Plans (Drawings) Documents submitted with or attached to the proposal form are a part of the bid. Do not detach or alter attached documents when the bid package is submitted. REV. 4-30-2013 i i 1 i 102.1003 CONTRACTOR REGISTRATION Montana law requires all contractors to register with the Montana Department of Labor. Register before executing a contract on Federal-aid projects. Register before submitting a bid on State-funded projects. Contact the Department of Labor at 1-406-444-7734 for more information. 102.1004 ISSUANCE OF PROPOSALS The Owner reserves the right to refuse to issue a bid package to a bidder for any of the following reasons: A. Uncompleted work that the Owner determines might hinder or prevent the prompt completion of additional work. B. Default under previous contracts. C. Failure to reimburse the Owner for overpayment's made on any contract or contracts after written notification of the overpayment(s) that are due. D. Failure to pay, or satisfactorily settle, all bills due for labor and material on any Contract in force at the time of issuance of proposals. E. Unsatisfactory performance on previous or current Contract(s). F. Misconduct that is of such a serious nature as to adversely affect the Contractor's ability to perform future work. 102.1005 QUANTITIES OF WORK IN THE BID PROPOSAL Submit unit bid prices for the estimated quantities. Estimated quantities may be increased or decreased under the Contract. Payment is made for the actual quantities of work performed and accepted or materials furnished under the Contract. 102.1006 EXAMINATION OF DOCUMENTS AND SITE OF WORK Examine the site of the proposed work including existing field staking and documents before submitting a proposal. Submitting a proposal is an affirmative statement by the bidder that the bidder has examined the site and is satisfied with the conditions to be encountered in performing the work and the bid package requirements. The Owner is not bound by any statement or representation concerning conditions or description of the work unless included in the bid package. Do not rely on oral explanations or instructions given by Owner employees or agents before award of the Contract. Accept these as non-binding oral explanations or instructions and relying on them is solely at the Bidder's risk. Immediately submit any request for an explanation of the meaning or interpretation of the bid package in writing to the Engineer. The records of any subsurface investigations conducted by the Owner are available for inspection as a public document. When not included in the bid package, inspect available records at , MT 59 The records of subsurface investigations are not a part of the bid package or contract, but are available to all bidders for informational purposes only. There is no warranty or guaranty, either expressed or implied, that the subsurface investigation records will disclose the actual conditions that will be encountered during the performance of the work. Owner subsurface investigation results may differ from a bidder's independent REV. 4-30-2013 2 subsurface investigation due to different sampling techniques, the date of the investigation, etc.. Using or relying on Owner subsurface investigations is at the bidder's risk. The Bidder must perform and rely on its independent subsurface investigations made before submitting a bid proposal. Submittal of a bid is an affirmative statement that an independent subsurface investigation was made and Owner subsurface investigations were not relied on. Individual test boring log data included in the Owner's subsurface investigation records apply only to that particular boring taken on the date indicated. The character of any material or conditions between or around test borings on the date of the site examination are not conclusive. Submission of a bid waives any potential claim of the above, including a claim of justifiable reliance on such information or materials. Do not take advantage of an apparent error, omission or ambiguity in any part of the bid package. Upon discovery, immediately notify the Engineer in writing if an error, omission, or ambiguity exists and why it appears erroneous, omitted, or ambiguous. Advise bidders submitting a subcontract quotation of this obligation and clarify their responsibility to include this information with their subcontract quotation. The Owner will clarify the error, omission, or ambiguity and, if necessary and possible, issue an addendum to all prospective bidders before opening bid packages. Do not submit a bid proposal or a subcontract quote without receiving clarification. Failure to provide written notification is a waiver of the error, omission or ambiguity, and additional compensation or contract time will not be allowed. 102.1007 BIDDING REQUIREMENTS The bid submitted is to be the entire bound Project Manual obtained from the Owner or Engineer. Bids are opened at the designated time and inspected to determine if the following requirement are met: A. Unit prices: Are provided for all required bid items. B. Proposal Guarantee: If a bid bond; it is on the Owner furnished form; is signed and sealed in the proper places; a copy of the agent's Power of Attorney for the Insurance Company is attached; and contains the correct and complete project number; all signatures are original (stamped signatures are unacceptable). C. Addenda: All addenda are acknowledged. D. Proposal: Is signed and notarized in the designated places; all signatures are original (stamped signatures are unacceptable). A bid is non-responsive if the above requirements are not met. For non-responsive bids, only the Contractor's name will be announced at the letting. The Owner retains non-responsive bids. i Submission of a bid is evidence that sufficient time was available to adequately prepare a bid proposal and conduct a complete investigation of the site of the work and all Contract documents. 102.1008 REJECTION OF BID PROPOSALS j REV. 4-30-2013 i �i 3 'i The Owner reserves the right to reject bid proposals, waive technicalities, or advertise for new proposals. A bid proposal is irregular and will be rejected as non-responsive if: A. Bidder fails to properly sign the bid proposal. B. There are unauthorized additions, conditional or alternate bids, or irregularities that make the bid package incomplete, indefinite, or ambiguous. C. The proposals for two or more projects advertised separately are connected or made contingent one upon the other so that the proposal for one project carries a provisional deduction in the bid price on one or more of the other projects. D. Any unauthorized provisions are added reserving the right to accept or reject an award or to enter into a contract pursuant to an award. E. More than one proposal for the same work from an individual, firm, corporation, partnership, or joint venture under the same or different name is submitted. F. Evidence of collusion among bidders exists. Participants in collusion will not receive recognition as bidders, either singly or as a joint venture, for future work of the Owner until re-instated as qualified bidders. A bid proposal is considered irregular and may be rejected as non-responsive if: A. The Owner furnished bid proposal is altered. B. Bidder fails to include a name and mailing address. C. The unit prices contained in the proposal are obviously unbalanced, either in excess of or below the reasonable cost-analysis value. D. Information entered in the proposal by the bidder is not legible. E. The are changes in the proposal such as erasures, strikeouts, and white-outs that are not initialed in ink. F. Non-compliance with Disadvantaged Business Enterprise (DBE) requirements. 102.1009 PROPOSAL GUARANTY Make the proposal guaranty unconditionally payable to the Owner. Provide the guaranty by cash, cashier's check, certified check, bank money order, or bank draft with the bid proposal. The guaranty must be drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of the State, or a bid bond or bonds executed by a surety corporation authorized to do business in the State. 102.1010 DELIVERY AND PUBLIC OPENING OF PROPOSALS Place the bid proposal in a sealed envelope plainly marked to indicate the contents. Mail or deliver to: I , P.O. Box I , Montana 59 Bid proposals are opened and read publicly at the place, time, and date specified in the " Invitation for Bids". Deliver by the date and hour set for the opening of bid proposals to the Owner designated officials conducting the bid opening. Bid proposals received after the specified time are returned to the bidder unopened. The bid opening time is determined by the clock designated by the Owner's bid opening officials. Mailed proposals must be received by the Owner's official conducting the bid opening before the bid opening time. The Contractor is solely responsible for the proposals REV. 4-30-2013 4 i delivery. Do not submit bid proposals by facsimile machines. A prematurely opened bid proposal not properly addressed and identified is returned to the bidder. 102.1011 WITHDRAWAL OR REVISION OF PROPOSALS Submit withdrawal requests to the Owner in writing or telegram before the time set for opening bid proposals. A bidder may withdraw any proposal in person or through an authorized agent before any bid proposal on that project is read. 102.1012 DEBARMENT Federal statutes, and regulations adopted pursuant to federal statutes, require that any firm or individual submitting a bid on a federal aid project certify compliance with Part XI of Form FHWA 1273 (Required Contract Provisions-Federal Aid Construction contracts) and that the firm or individual obtain and furnish the Owner certification that all subcontractors, material suppliers, vendors, and other lower tier participants used are in compliance with Part XI of Form 1273. Make certifications part of each subcontract, material supply agreement, purchase order, or other covered lower tier transaction. Covered lower tier transactions include primary material purchases for contract items incorporated into the work. The Owner's debarment policies and procedures are in the Administrative Rules of Montana, beginning at Section 18.3.101. 102.1013 MATERIALS GUARANTY The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacture of materials to be used in the construction of the work, together with samples to be tested for conformance with the Contract requirements. Include the costs of furnishing the statements and samples in the bid. 102.1015 VENUE In the event of any dispute concerning a project, whether over its advertisement, bidding, award, execution, or claim, any litigation filed by or against the Owner will only have venue in 102.1016 CONSENT TO CONTRACT PROVISIONS The submission of a bid is an affirmative statement that the bidder and its proposed j subcontractor(s) consents to all the bid package provisions upon which the bidder has submitted its bid. That consent extends to all portions of the bid package and applies to all the bidder's subcontractors. Do not submit a bid proposal unless consent to all the bid package provisions is given. SECTION 103 AWARD AND EXECUTION OF CONTRACT 103.1001 CONSIDERATION OF PROPOSALS Bid proposals will be compared on the basis of the summation of the item total prices shown in the bid schedule. 103.1002 AWARD OF CONTRACT The Contract will be awarded within calendar days after the bid opening to the REV. 4-30-2013 i 5 1 lowest responsive, responsible, and qualified bidder whose bid proposal complies with all the requirements. The successful bidder will be notified in writing of the acceptance of the proposal and the award of the Contract. If the Contract is not awarded within calendar days, all bid proposals will be rejected and the proposal guaranties returned. The Owner can extend the day time period. 103.1003 ASSIGNMENT OF CLAIMS In consideration of being awarded the Contract, the Contractor, on its own behalf and on behalf of its subcontractors, assigns to the Owner all claims or causes of action for any antitrust law violations, or damages arising therefrom, as to goods, materials, and services purchased under the terms of the Contract or any change order that may result from the Contract. 103.1004 CANCELLATION OF AWARD The award of the Contract may be canceled at any time before the execution of the Contract by all parties without liability against the Owner. 103.1005 RETURN OF PROPOSAL GUARANTY Except for the three lowest bidders, all proposal guaranties other than bid bonds will be returned immediately following opening and checking of the proposals. The retained proposal guaranties of the unsuccessful two lowest bidders will be returned within calendar days following the award of the Contract. The successful bidder's proposal guaranty will be returned after a satisfactory contract bond has been furnished and the Contract has been executed. 103.1006 CONTRACT BOND Furnish an executed contract bond or bonds in a sum equal to the Contract amount under the following Subsection, Execution and Approval of Contract. Use a form provided by the Owner and executed by a surety company authorized by law to transact business in the State. 103.1007 EXECUTION AND APPROVAL OF CONTRACT Return to the Owner within calendar days after receipt of the contract documents: A. The signed Contract, B. the contract bond, C. a copy of the insurance policy or a certificate of insurance, D. a copy of a current special fuel users permit issued under 15-70-302 MCA. A proposal will not be binding unless all the above requirements have been satisfied. Do not begin work before: A. The Contract is executed. B. Contract bond is completed. C. Evidence of the required insurance is provided. The Contract, bond, and insurance are subject to legal approval after execution by the Contractor and Surety. 103.1008 FAILURE TO EXECUTE CONTRACT REV. 4-30-2013 6 Upon failure to execute the Contract and file acceptable bonds and insurance policies within calendar days after receipt of the Contract, under 18-1-204, MCA, the award will be canceled and the proposal guaranty forfeited. Award may then be made to the next lowest responsive, responsible and qualified bidder, or the work may be re- advertised. SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 107.1001 LAWS RULES AND REGULATIONS TO BE OBSERVED Observe and comply with all of the following: A. Federal and State Laws and regulations; B. Local laws and ordinances; and C. Regulations, orders and decrees of bodies or Tribal ordinances having any jurisdiction or authority. Protect and indemnify the Owner and its representatives against any claim or liability arising from the violation of any of the above-listed items, whether violated by the Contractor, a subcontractor, material man, or supplier, or any of their employees or agents. Ensure compliance with and enforce all federal, state, and local safety standards (i.e. the Montana Scaffolding Act, etc.) for Contractor's workers and its subcontractor's workers on the project, protecting and indemnifying the Owner and its representatives from all claims, suits, damages or liabilities for all accidents or safety violations, and ensuring the publics safety. The Contractor is not to enforce safety standards for Owner employees. Follow all rules and regulations of Federal, State, and local health officials. Do not require an employee of the Contractor or subcontractor(s) to work in surroundings, or under conditions that are unsanitary, hazardous or dangerous to health or safety. Admit any inspector of the OSHA or other legally responsible agency involved in safety and health administration without delay and without presentation of an inspection warrant to all areas of the work and project site upon presentation of proper credentials. Follow Federal, State and local laws, rules and regulations regarding unlawful employment practices including race, religion, color, sex or national origin discrimination, and that define actions required for Affirmative Action and Disadvantaged Business programs. Work within a State or National Forest is under the regulations of the authority having jurisdiction governing the forest. Immediately notify the Engineer in writing if any discrepancy or inconsistency is discovered between the Contract and any law, ordinance, regulation, order or decree. 107.1002 PERMITS, LICENSES, AND TAXES Obtain all legally required permits and licenses, pay all charges, fees, taxes, and fuel taxes, giving all notices necessary and incidental to the lawful prosecution of the work. SPECIAL FUEL USER'S PERMIT REQUIREMENT [102] Senate Bill 116, passed by the 2013 Montana Legislature, eliminates the requirement to obtain a Special Fuel REV. 4-30-2013 7 User Permit. This bill became law upon the signature of the Governor on April 12, 2013. Rescind subsections 102.18 and 103.07(D). The requirement of Subsection108.01.2 that subcontractors obtain a Special Fuel User Permit is also rescinded. All other requirements of that Subsection still apply. 107.1003 PATENTED DEVICES, MATERIALS, AND PROCESSES Do not use any design, device, material, or process covered by letters of patent or copyright, without a legal agreement with the patentee or owner. Indemnify and save harmless the Owner, any affected third party, or political subdivision from all claims for infringement for the use of any patented design, device, material or process, or trademark or copyright. Indemnify the Owner of all costs, expenses, and damages obligated for payment by reason of an infringement during the prosecution or after the completion of the project. SECTION 108 PROSECUTION AND PROGRESS 108.1001 SUBCONTRACTING OR ASSIGNMENT OF CONTRACT 108.1001.01 Subcontracting. Do not subcontract, assign, or otherwise dispose of more than 60% of any portion of the Contract cost without the written consent of the surety and the Owner. Include in the written subcontract or assignment or in a separate written document with the assignment or subcontract the following language: "In consideration of being awarded this subcontract, and in consideration of having this subcontract approved by the Owner, the Subcontractor hereby assigns to the Owner any and all claims or causes of action for any antitrust law violations, or damages arising therefrom, as to goods, materials, and services purchased under the terms of this subcontract or any change order that may result from this subcontract." 108.1001.02 Contract Performance. Perform at least 40% of the Contract cost with the Contractor's organization. Designated Contract "Specialty Items" may be performed by subcontract without regard to the 40% limitation. Where an entire item is subcontracted, the percentage of the total work subcontracted is based on the contract item bid price. When a portion of an item is subcontracted, the percentage of the work subcontracted will be based on either the subcontract item unit price or on an estimated percentage of the contract item bid price, determined by the Engineer. Do not allow a Subcontractor to start work until it's subcontract is consented to by the Engineer. Include two executed and certified copies of the subcontract, a letter from the surety consenting to the subcontract, and a copy of the proposed subcontractor's current special fuel users permit issued under 15-70-302, MCA. Do not subcontract or assign more than the allowable 60% by including additional labor, equipment, and supervision costs on the Contractor's payroll records to circumvent the subcontracting provisions. Inform the subcontractor of all the Contract provisions. The minimum wage included in REV. 4-30-2013 8 the Contract applies to labor performed on all work subcontracted, assigned, or otherwise disposed of. Attach to each subcontract all required Contract provisions and predetermined minimum wage rates. Include in the subcontract these words: "The subcontractor agrees to comply with all of the labor provisions contained in the attached "Special Required Contract Provisions" and "Minimum Wage Determination." All subcontractors are agents of the Contractor. The Contractor is responsible for all work, material furnished, and indebtedness incurred by the subcontractor. Written consent to subcontract, assign or transfer the Contract does not release the Contractor from liability under the Contract and bond. DOMESTIC MATERIALS: (ALL PROJECTS USING STEEL OR IRON MATERIALS) Furnish domestic steel or iron materials for permanent incorporation in the work. Domestic material is material that all manufacturing processes, including coating of steel or iron, occur in the United States. Pig iron, and processed, pelletized and reduced iron ore may be manufactured outside the United States. Furnish the appropriate manufacturer's mill tests and certifications documenting the manufacturing processes, including coatings of covered materials, performed in the United States. A minimal quantity of foreign manufactured steel and iron material may be used if the cost of the material, including delivery costs to the project, does not exceed one-tenth of one percent of the total contract amount or $2,500.00, whichever is greater. Do not incorporate steel or iron materials into the project until the proper documentation is furnished to the Engineer. INDIAN RESERVATION WORK: (ALL PROJECTS ON INDIAN RESERVATIONS) Because all or part of this project is located within the external boundaries of an Indian Reservation, the following requirements apply: A. Read, fully understand and agree to the provisions here included. B. Inquire with the Tribal officials and become familiar with the Tribal requirements for work on the Reservation, and submit bid with full knowledge, understanding and acceptance of them. C. If Tribal requirements will in any way increase the costs of performing the project, consider those and include any and all increased costs in bid prices. D. Ensure that all proposed subcontractors are also fully aware of the Tribal requirements, and accepted them when they gave quotes. E. Understand and agree that employees, and all subcontractors and their employees, are responsible to the Tribe to adhere to and abide by all Tribal laws, ordinances and regulations on work performed on the Reservation, specifically including all Indian hiring and contract fee requirements. F. Dealings with the Tribe and its requirements are solely between the contractor and the Tribe, and must be addressed in the appropriate forum between them alone. G. By submitting a bid, agree to defend, protect, indemnify and save harmless the Owner from any cost or delay caused or allegedly caused by or due to the failure of bidder or any subcontractor to fully comply with Tribal law, ordinance or regulation, or by claimed interference by the Tribe. Claims from such failure or claimed interference will not be considered extra work or compensable delay, but actual, documented and verified interference by Tribal government may be grounds for a REV. 4-30-2013 9 contract time extension. Understand that any requests must fully comply with the Contract's claims procedure. H. By submitting a bid, do so with full understanding and acceptance of all provisions of the Bid Package. I. For more information about Tribal requirements, it is required to contact the Tribe directly. Designated Tribal Point of Contact is J. If a Pre-Bid Conference for the project is provided for in the Special Provisions, a designated, authorized agent of Bidder attends the Conference. REV. 4-30-2013 10 Page 1 of 10 General Decision Number: MT150080 01/09/2015 MT80 Superseded General Decision Number: MT20140080 State: Montana Construction Type: Highway Counties: Montana Statewide. HIGHWAY CONSTRUCTION PROJECTS Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10. 10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 01/09/2015 * SUMT2014-001 02/19/2014 Rates Fringes CARPENTER Carpenter/Piledriverman. . . . .$ 25.21 10. 82 Millwright. . . . . . . . . . . . . . . . . .$ 27.78 10. 82 Zone 1: 0 to 25 miles - Free I Zone 2: 25 to 50 miles - Base Pay +$3.00 Zone 3: Over 50 miles - Base Pay +$4.80 The Carpenter zone hourly rate applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following cities to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Missoula, Kalispell The agency shall calculate the mileage and include it in the file:///C:/Users/BMurray/AppData/Local/Temp/NOGQ5BU4.htm 5/11/2015 Page 2 of 10 special provisions of the bid documents and awarded contract CEMENT MASON/CONCRETE FINISHER. . .$ 23.87 9.80 Zone 1: 0 to 25 miles - Free Zone 2: 25 to 50 miles - Base + $2.50 Zone 3: Over 50 miles -Base + $3.00 The Cement Mason/Concrete Finisher zone hourly rate applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following cities to the center of the job. Billings, Bozeman, Butte, Great Falls, Helena, Missoula, Kalispell The agency shall calculate the mileage and include it in the special provisions of the bid documents and awarded contract ELECTRICIAN (LINE CONSTRUCTION) Equipment Operator. . . . . . . . . .$ 30.12 12.71 Groundman. . . . . . . . . . . . . . . . . . .$ 24.30 11. 99 Lineman. . . . . . . . . . . . . . . . . . . . .$ 40. 63 13.78 TRAVEL PAY: $30.00 day - From the County Courthouse of the following cities: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell and Missoula $60.00 day - All other areas The agency shall calculate the mileage and include it in the special provisions of the bid documents and awarded contract ELECTRICIAN Area 1 Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Silver Bow and Powell Counties. . . . . . . . . . . .$ 27. 60 12.98 Area 2 Big Horn, Carbon, Carter, Custer, Dawson, Fallon, Garfield, Golden Valley, Musselshell, Powder River, Prairie, Rosebud, Stillwater, Treasure, file:///C:/Users/BMuffay/AppData/Local/Temp/NOGQ5BU4.htm 5/11/2015 Page 3 of 10 Wibaux and Yellowstone Counties. . . . . . . . . . . . . . . . . . .$ 30.73 12.54 Area 3 Blaine, Cascade, Chouteau, Daniels, Fergus, Glacier, Hill, Judith Basin, Liberty, McCone, Petroleum, Pondera, Phillips, Richland, Roosevelt, Sheridan, Teton, Toole, Valley and Wheatland Counties. . . . . . . . . . . . . . . . . . .$ 30.73 12.54 Area 4 Broadwater, Lewis and Clark and Meagher Counties.$ 29.06 11.36 Area 5 Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli and Sanders Counties. . . . . . . . . . . . . . . . . . .$ 27 .02 12.59 Area 6 Gallatin, Park and Sweet Grass Counties. . . . . . . . . . . . .$ 27. 68 11.84 TRAVEL PAY: 0 to 10 miles - Free 10-50 miles - Federal mileage both ways/day Over 50 miles - $75. 00 per day The Electrician zone hourly rate applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following cities to the center of the job: Billings, Bozeman, Butte, Great Falls, Kalispell, Missoula The agency shall calculate the mileage and include it in the special provisions of the bid documents and awarded contract IRONWORKER Flathead, Glacier, Lake, Lincoln, Mineral, Missoula, Ravalli and Sanders County. . . . . . . . . . . . . .$ 25. 90 19. 98 Remaining Counties. . . . . . . . . .$ 26.00 19.08 TRAVEL PAY: 0 to 45 miles - Free 45-85 miles - $45.00 per day file:///C:/TJsers/BMurray/AppData/Local/Temp/NOGQ5BU4.htm 5/11/2015 Page 4 of 10 Over 85 miles - $75.00 per day The Ironworker zone hourly rate applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following cities to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Missoula The agency shall calculate the mileage and include it in the special provisions of the bid documents and awarded contract LABORER Group 1. . . . . . . . . . . . . . . . . . . . .$ 18. 90 8. 05 Group 2. . . . . . . . . . . . . . . . . . . . .$ 21. 97 8.05 Group 3. . . . . . . . . . . . . . . . . . . . .$ 22. 19 8 .05 Group 4. . . . . . . . . . . . . . . . . . . . .$ 23.18 8 .05 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; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) ; Laser Equipment; Non-riding Rollers; Pipelayer; Posthole Digger (power) ; Power Driven Wheelbarrow; Rigger; Sandblaster; Sod- Cutter-power; Tampers GROUP 4 : Asphalt 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 file:///C:/Users/BMulTay/A`ppData/1-ocal/Temp/NOGQ5BU4.htm 5/11/2015 Page 5 of 10 LABORERS ZONE PAY: 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 Court House of the following cities only to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA ZONE 1: 0 to 25 miles - Free ZONE 2: 25 to 50 miles - Base Pay +$2.50 ZONE 3: Over 50 miles - Base Pay +$3.00 The agency shall calculate the mileage and include it in the special provisions of the bid documents and awarded contract PAINTER (Pavement Marking/Milling and related work. Includes operating marking and all other equipment and all work involved in application of pavement markings including epoxies, paints, tape, buttons, thermo-plastics and any other products applied for traffic marking purposes and for directing and regulating traffic and cutting rumble strips) . . . . . . . . . . .$ 27.00 9.30 POWER EQUIPMENT OPERATOR: Group 1. . . . . . . . . . . . . . . . . . . . .$ 24.02 9. 90 Group 2. . . . . . . . . . . . . . . . . . . . .$ 26.05 9. 90 Group 3. . . . . . . . . . . . . . . . . . . . .$ 26. 91 9.90 Group 4 . . . . . . . . . . . . . . . . . . . . .$ 27. 60 9.90 Group 5. . . . . . . . . . . . . . . . . . . . .$ 28. 94 9. 90 Group 6. . . . . . . . . . . . . . . . . . . . .$ 29. 63 9. 90 Group 7. . . . . . . . . . . . . . . . . . . . .$ 31.73 9. 90 GROUP 1: Air Compressor; Auto Fine Graders; Belt Finishing Machine; Boring Machine (small) ; Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front End Loader Under 1 CU Yard; Heavy Duty Drills; Herman Nelson Heater; Mulching Machine; Oiler, All Except Cranes & Shovels; Pumpman file:///C:/TJsers/BMurray/AppData/Local/Temp/NOGQ5BU4.htm 5/11/2015 i Page 6 of 10 GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and including 3 CU Yard; Bit Grinder; Bituminous Paving Travel Plant; Boring Machine Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer; Rubber-Tired, Push & Side Boom; Elevating Grader/Gradall; Field Equipment Serviceman; Front End Loader 1 CU Yard to including 5 CU Yard; Grade Setter; Heavy Duty Drills, All Types; Hoist/Tugger, 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; Roller, Other Than Asphalt; Roller, Sheepsfoot, Self-Propelled; Roller, 25 Tons and Over; Ross Carrier; Rotomill Under 6 Ft; Trenching Machine; Washing/Screening Plant GROUP 3: Asphalt Paving Machine; Asphalt Screed; Backhoe/Excavator/Shovel Over 3 CU Yard; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes; Creter; Cranes, Electric Overhead; Cranes 24 Tons and Under; Curb Machine/Slip Form Paver; Finish Dozer; Front End Loader Over 5 CU Yard; Mechanic/Welder; Pioneer Dozer; Roller AsNIla1L (BLeaku'uwn & Finish) ; Potomill, Ovcr 6 FT; .``scraper, Single, Twin or Pulling Belly Dump; Yo-Yo Cat GROUP 4: Asphalt/Hot Plant Operator, Cranes, 25 Tons to 44 Tons; Crusher Operator; Finish Motor Patrol; Finish Scraper GROUP 5: Cranes, 45 Tons To Including 74 Tons GROUP 6: Cranes, 75 Tons To Including 149 Tons; Crane, Whirley (All) GROUP 7: Cranes, 150 Tons To Including 250 Tons (Add $ 1.00 For Every 100 Tons Over 250 Tons; Crane, Tower (All) POWER EQUIPMENT OPERATOR ZONE PAY: file:///C:/Users/BMuiTay/AppData/Local/Temp/NOGQ5BU4.htm 5/11/2015 Page 7 of 10 The hourly wage rates applicable to each project shall be F determined by measuring the road miles over the shortest practical maintained route from the County Court House of the following cities only to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA ZONE 1: 0 to 25 miles - Free ZONE 2: 25 to 50 miles - Base Pay +$2.50 ZONE 3: Over 50 miles - Base Pay +$3.00 The agency shall calculate the mileage and include it in the special provisions of the bid documents and awarded contract TRUCK DRIVER Group 1. . . . . . . . . . . . . . . . . . . . .$ 20.39 9. 16 Group 2. . . . . . . . . . . . . . . . . . . . .$ 26. 06 9. 16 GROUP l: 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 TRUCK DRIVER ZONE PAY: I 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 Court House of the following cities only to the center of the job: I BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA j I' ZONE 1: 0 to 25 miles - Free i ZONE 2: 25 to 50 miles - Base Pay +$2.50 ZONE 3: Over 50 miles - Base Pay +$3.00 file:///C:/tJsersBMulTay/AppData/Local/Temp/NOGQ5BU4.htm 5/11/2015 Page 8 of 10 The agency shall calculate the mileage and include it in the special provisions of the bid documents and awarded contract ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four lcttcr cla^cyf-cation abbreviation identifier cnc_ose in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014 . SU indicates file:///C:[Users/BMurray/AppData/Local/Temp/NOGQ5BU4.htm 5/11/2015 Page 9 of 10 the rates are survey rates based on a weighted average x calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 r file:///C:/Users/BMurray/AppData/Local/Temp/NOGQ5BU4.htm 5/11/2015 Page 10 of 10 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION file:///C:/Users/BMulTay/AppData/Local/Temp/NOGQ5BU4.htm 5/11/2015 NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR: CTEP Citywide Sidewalk Project You are notified that your Bid opened on for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:CTEP Citywide Sidewalk Project. The Contract Price of your Contract is: Dollars Five(5)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. Three (3)sets of the Drawings will be delivered separately or otherwise made available to you irrunediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by 1. You must deliver to the OWNER Five (5) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders (Article 20),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: BY: BY: (CITY MANAGER) (CITY CLERK) DATE: S } Notice to Proceed Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail,Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is I. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also,before you may start any Work at the Site,you must: [add other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 MONTHLY PAY ESTIMATE SUMMARY Date CTEP Bike/Ped Project City of Bozeman, Montana Estimate No. - to 12015 DESCRIPTION AMOUNTS THIS MONTH PREVIOUS TO DATE Earnings for Work& Materials Installed: $0.00 $0.00 $0.00 Plus 100% of Invoice for Materials Stored: $0.00 $0.00 $0.00 Less Materials Used: $0.00 $0.00 $0.00 Subtotal: $0.00 $0.00 $0.00 5% Retainage: $0.00 $0.00 $0.00 Net Earnings: $0.00 $0.00 $0.00 Less 1% Gross Receipts Tax: $0.00 $0.00 $0.00 Gross Payment: $0.00 $0.00 $0.00 Less Previous Payments: $0.00 Net Payment this Estimate: $0.00 $0.00 Percent Time Elapsed: #VALUE! Work Done Based on Installed Cost: #DIV/0! Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): 90 Stop/Resume Work Orders (dy): 0 Approved Time Extensions (dy): 0 New Contract Completion Time (dy): 90 Contract Completion Date: 3/30/1900 Contract Cost Data: Amount of Original Contract: $0.00 Approved Changes: $0.00 Revised Amount: $0.00 Approved by (Contractor): Approved by City of Bozeman (Owner): j I f PAY ESTIMATE CTEP BIKE/PED PROJECT CONTRACTOR: ENGINEER: City of Bozeman P.O.Box 1230 Bozeman,MT 59771 PAY ESTIMATE NO._ to ,2015 QUANTITY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE Schedule 1 101 Taxes,Bonds,Insurance LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 102 Mobilization LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 103 4"Thick Concrete Sidewalk SF 0 0 0 0 $0.00 $0.00 $0.00 $0.00 104 1"Minus Crushed Base Course CY 0 0 0 0 $0.00 $0.00 $0.00 $0.00 105 Geotextile Separation Fabric SY 0 0 0 0 $0.00 $0.00 $0.00 $0.00 106 3"AC Pavement Surface Course SF 0 0 0 0 $0.00 $0.00 $0.00 $0.00 107 12"Diameter RCP Culvert LF 0 0 0 0 $0.00 $0.00 $0.00 $0.00 108 12"Diameter RCP Culvert LF 0 0 0 0 $0.00 $0.00 $0.00 $0.00 109 Earthwork,Final Grading,and Restoration LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 110 Miscelllaneous Work EA 20,000 0 0 0 $1.00 $0.00 $0.00 $0,00 Schedule 2 201 Concrete Removal and Disposal SF 0 0 0 0 $0.00 $0.00 $0.00 $0,00 202 Combined Concrete Curb and Gutter LF 0 0 0 0 $0.00 $0.00 $0.00 $0.00 203 Concrete Fillet SF 0 0 0 0 $0.00 $0.00 $0.00 $0.00 204 4"Thick Concrete Sidewalk SF 0 0 0 0 $0.00 $0.00 $0.00 $0,00 205 6"Thick Concrete Sidewalk SF 0 0 0 0 $0.00 $0.00 $0.00 $0.00 206 3"AC Pavement Surface Course SY 0 0 0 0 $0.00 $0.00 $0.00 $0.00 207 Detectable Warning SF 0 0 0 0 $0.00 $0.00 $0.00 $0.00 ii i SUBTOTAL BID ITEM WORK INSTALLED $0.00 $0.00 $0.00 Materials in Storage $0.00 $0.00 $0.00 Materials out of Storage $0.00 $0.00 $0.00 SUBTOTAL $0.00 $0.00 $0.00 Total Amount Due $0.00 $0.00 $0.00 Less Retainage 5% $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less 1%Gross Reciepts Tax $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less Previous Payments $0.00 $0,00 Total Due This Payment $0.00 $0,00 i i s CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK# PO Box 1230 . Bozeman, MT 59771-1230 (406) 582-2334 f PAY TO: Date Paid: TOTAL $ VENDOR# DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: I,the undersigned,do solemnly swear,that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant,and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS#or Tax ID# Business License# THE CITY OF BOZEMAN MUST HAVE YOUR SS#OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. E Field Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required,please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s)/Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by Contractor: Date: Copy to Owner t EJCDC C-942 Field Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: ❑All Work under the Contract Documents: ❑The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security,operation, safety,maintenance, heat,utilities,insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities 0 Not Amended Owner's Amended Responsibilities: i Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: City of Bozeman Owner's Contract M Contract: Date of Contract: Contractor: Engineer's Project M You are directed to proceed promptly with the following change(s): Item No. Description Attachments(list documents supporting change): Purpose for Work Change Directive: E-1 Authorization for Work described herein to proceed on the basis of Cost of the Work due to: I Nonagreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. 0 Other: Estimated change in Contract Price and Contract Times: Contract Price$ (increase/decrease) Contract Time (increase/decrease) If the change involves an increase,the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date: Authorized by Owner: Date: Accepted for Contractor by: Date: Approved by Funding Agency(if applicable): Date: CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: Substantial Completion: $ Ready for final payment: (days or dates Net Increase(Decrease) from previous Change Net change from previous Change Orders No._to Orders No. to No. Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates Net increase (decrease) of this Change Order: Net increase (decrease)this Change Order: Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And fiirther,that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR(Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER- Signature) Date OWNER(Authorized Signature) Date I EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 R:\Dropzones\Kellen\CTEP\2015 CTEP\Spec Book\16-COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 R:\Dropzones\Ke11en\CTEP\2015 CTEP\Spec Book\16-COB Change Order Form.doc ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work(minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not)continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. i CONTRACTOR OWNER i Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: I G Order to Contractor to Suspend Work— Page 1 of 1 RADropzones\Ke11en\CTEP\2015 CTEP\Spec Book\17-suspend_wrk.doc 3/26/15 r ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: i Order to Contractor to Resume Work—Page 1 of 1 I 635.410 Buy America requirements. (a)The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section.However, nothing in this section shall be construed to be contrary to the requirements of§635.409(a)of this subpart. (b) No Federal-aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: ' (1)The project either: (i) Includes no permanently incorporated steel or iron materials,or(ii)if steel or iron materials are to be used,all manufacturing processes, including application of a coating,for these materials must occur in the United States.Coating includes all processes which protect or enhance the value of the material to which the coating is applied. i (2)The State has standard contract provisions that require the use of domestic materials and products, including steel and iron j materials,to the same or greater extent as the provisions set forth in this section. (3)The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the } following requirements.Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used.The contract provisions must(i)require all bidders to submit a bid based on furnishing domestic steel and iron materials,and(ii)clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4)When steel and iron materials are used in a project,the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one-tenth of one percent(0,1 percent)of the total contract cost or$2,500,whichever is greater. For purposes of this paragraph,the cost is that shown to be the'value of the steel and iron f products as they are delivered to the project. (c)(1)A State may request a waiver of the provisions of this section if; (i)The application of those provisions would be inconsistent with the public interest;or (ii)Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which I are of a satisfactory quality. i (2)A request for waiver, accompanied by supporting information, must be submitted in writing to the Regional Federal Highway j Administrator(RFHWA)through the FHWA Division Administrator.A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request.The RFHWA will have approval authority on the request. 1 (3) Requests for waivers may be made for specific projects,or for certain materials or products in specific geographic areas,or for combinations of both, depending on the circumstances. (4)The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator(Administrator), whose action on the request shall be considered administratively final (5)A request for a waiver which involves nationwide public interest or availability issues or more than one FHWA region may be submitted by the RFHWA to the Administrator for action. (6)A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the Waiver.The FHWA response to a request or appeal will be in writing and made available to the public upon request.Any request for a nationwide waiver and FHWA's action on such a request may be published in the FEDERAL REGISTER for public comment. I (7) In determining whether the waivers described in paragraph(c)(1)of this section will be granted,the FHWA will consider all appropriate factors including, but not limited to, cost,administrative burden,and delay that would be imposed if the provision were not waived. (d)Standard State and Federal-aid contract procedures may be used to assure compliance with the requirements of this section. 148 FR 53104, Nov.25, 1983, as amended at 49 FR 18821,May 3, 1984;58 FR 38975,July 21, 1993] i CONTRACTOR'S CERTIFICATE OF COMPLIANCE FOR MISCELLANEOUS STEEL & IRON ITEMS For Compliance with the Buy America Law and Provision Std. Spec. 106.09,23 USC Section 313, & 23 CFR 635.410 MDT Project No. Project Name The (Name of Manufacturer/Supplier) (Address) (City,State) (Phone) has furnished to (Name of Contractor) (Address) (City,State) (Phone) The following materials for use in the construction of the above referenced project. MDT Bid Item Unit LF,YD2,m, Heat Number Category No. Product Description Quantity ' m3,etc. # I or 2 Mill/Fabricator * Only list actual quantities delivered to the job site. # Provide name of steel producing/recycling mill if Category 1 item or fabricator authenticating domestic material if Category 2 item. Submit all required documentation with this form. See the back of this form for general guidance on "Buy America" documentation. Refer to MT 601 of the Montana Materials Testing Manual for steel product category identification as well as sampling & testing requirements. Contractor's Statement of Certification ❑ Domestic Material. I hereby certify that all manufacturing processes, including initial melting/recycling and application of coatings, occurred in the United States for the above listed materials and that those materials do meet all other requirements as set forth in the plans and specifications. ❑ Non-Domestic Material. I hereby certify that the above listed materials do meet the requirements as set forth in the plans and specifications with the exception that all or part of the manufacturing process may have occurred outside the United States. The material is considered non-domestic. The cost of this material, including delivery to the project, is By Title (Prime Contractor's Name,Typed or Printed) Date (Prime Contractor's Signature) Number of Item pages attached Form 406 Revised (April, 2013) CONTRACTOR'S CERTIFICATE OF COMPLIANCE FOR MISCELLANEOUS STEEL & IRON ITEMS For Compliance with the Buy America Law and Provision Std. Spec. 106.09,23 USC Section 313, & 23 CFR 635.410 Item Page MDT Project No. Project Name MDT Bid Item Product Descri Unit LF,YD2,m, Heat Number Category No. ption Quantity m3,etc. Mill/Fabricator# I or 2 * Only list actual quantities delivered to the job site. # Provide name of steel producing mill if Category item or fabricator authenticating domestic material if Category 2 item. (Prime Contractor's Initials) Form 406 Revised(April, 2013) CONTRACTOR'S CERTIFICATE OF COMPLIANCE FOR MISCELLANEOUS STEEL & IRON ITEMS For Compliance with the Buy America Law and Provision Std. Spec. 106.09,23 USC Section 313, & 23 CFR 635.410 Note: Two copies of this certificate and attachments, along with the original, must be submitted to the MDT Engineering Project Manager for each bid item containing steel products before those items can be permanently incorporated into the project. The Prime Contractor is responsible for providing proper documentation to MDT, and no payment will be made until that documentation is provided. All steel and iron products must meet Std. Spec. 106.09, 23 USC Section 313, and 23 CFR 635.410. All certifications must have the "domestic steel" statement on them and be signed by a representative of that company. All Category 1 domestic steel certifications must include certification with heat numbers from the original producing United States steel mill. Additionally, documentation must be provided showing each fabrication process as completed within the United States. At a minimum, Category 2 domestic steel certifications must include a signed statement from the fabricator indicating steel products as melted/recycled and manufactured entirely within the United States. This form must be completed and signed by the Prime Contractor. In signing, the Prime Contractor attests to the accuracy of the information provided. Form 406 Revised (April, 2013) SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for installation of water main and associated appurtenances to replace existing mains in the City of Bozeman. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Sixth Edition(MPWSS),61h Edition,and as further modified by the City of Bozeman Modifications to MPWSS,6th Edition,including Addendums,which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages,reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The project work is generally described as follows: Installation of a 10-foot wide shared use pathway along portions of North 19th Avenue. Installation of pedestrian ramps at the following intersections: South 14th Avenue and West Dickerson Street, South 10' Avenue and West Story Street, South 13"' Avenue and West Story Street, South 13th Avenue and West Dickerson Street, South 12th Avenue and West Dickerson Street, South 12th Avenue and West Story Street, North Montana Avenue and East Aspen Street,North Montana Avenue and East Cottonwood Street,North Montana Avenue and East Peach Street,North Montana Avenue and East Beall Street,Arthur Street and South 4th Avenue,East Lincoln Street and North Grand Avenue,Arthur Street and South Grand Avenue, and the 300 Block of North Willson Avenue. 3. 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 responsive, responsible Bidder who's Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter,mailed to the address shown on the Bid, that his Bid has been accepted and that he has been awarded a contract. If the contract it awarded,the Owner will award a single Contract in accordance with the Instructions to Bidders. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive,responsible Bidder which, in the Owner's sole and absolute judgment,will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Combined Schedule 1 and 2 Bid. 1 SPECIAL PROVISIONS 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $500.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The deterinination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS e Where products or materials are specified by manufacturer,trade name,or brand,such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in 2 SPECIAL PROVISIONS execution of the work,together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances,organization,and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full- time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 10. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order,timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 11. PRECONSTRUCTION CONFERENCE t G After the contract(s) have been awarded, but before the start of construction, a conference will be held at the City Engineer's Office,20 E. Olive Street,for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors,contract change orders,insurance,safety,and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 12. SHOP AND FABRICATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material 3 SPECIAL PROVISIONS testing compliance data, and other data, in accordance with the General Conditions. Following review,the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review,Contractor shall remain solely responsible for full and complete performance in accordance with the terms,conditions,provisions, drawings and specifications set forth in the Contract Documents. 13. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system,phone number 1-800-424-5555 has been setup to facilitate requests for underground facility locate information. The Contractor is responsible for contacting the One-call system prior to any excavation. 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 the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the 4 SPECIAL PROVISIONS specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures,the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. B. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four(24)hours prior to beginning work within the affected area. All signing,barricades,and other traffic control measures shall be provided by the Contractor. C. Warning Signals. All streets,roads,highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions,including but not limited to,material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. D. Notifications. The Contractor shall coordinate all of the Contractor's construction activities to minimize conflicts at the work site,off-site events,or other construction projects nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police,Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service,and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all businesses affected by a street closure shall be given seven(7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site.Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. E. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street 5 SPECIAL PROVISIONS Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street Department and the Montana Department of Transportation. F. Work Methods. 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property, the Owner may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet"Instructions to Flagpersons"published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local businesses at all times. The Contractor shall maintain vehicular access to residences able to be used after each shift. 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 16. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL 6 SPECIAL PROVISIONS The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State,and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers,streams,impoundments or into natural or manmade channels leading thereto. In addition,the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish,Wildlife and Parks,Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 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 as directed by the Engineer. 18. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to 7 SPECIAL PROVISIONS emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 19. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 20. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner and shall be delivered to a site of the Owner's choosing within the property limits of said owner. Should the owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above referenced work shall be at the Contractor's expense. 21. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 22. INSURANCE Insurance coverage required under this contract shall extend,at a minimum,to the end of the contract time. 23. GEOTEXTILE SEPARATION FABRIC The Geotextile Fabric shall be Mirafi 600x, Contech C300 or approved equal. 24. FINAL CLEANUP AND SITE RESTORATION Following completion of the work, all construction debris shall be removed from the work area. All disturbed landscaped areas shall be restored with topsoil and re-seeded. The cost for final cleanup and restoration shall be included in other bid items; no separate payment shall be made for this work. 25. LANDSCAPING RESTORATION CONTRACTOR shall be responsible for the restoration of any and all landscape features disturbed during construction. All landscaping disturbed by construction activities must be 8 SPECIAL PROVISIONS i restored to a condition equal to or better than the conditions existing prior to construction as judged by the ENGINEER. The CONTRACTOR shall be required to stockpile and restore all topsoil and irrigation systems disturbed by construction. The cost of landscaping restoration shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. Section 02910—Seeding Add the following: 2.1 Seed Use the following seed mixture to seed all disturbed landscaped areas at a rate of 30 lbs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 25% Perennial Ryegrass 15% 26. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS The Contractor shall take special care when working around trees to avoid any uimecessary damage to the roots,branches or the trunks of trees. If any roots have to be removed to complete the work, the roots shall be neatly cut with a sharp tool. Indiscriminate ripping of tree roots will not be permitted. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 27. DETECTABLE WARNINGS Pedestrian ramps shall be constructed with detectable warning surfaces complying with the Americans with Disabilities Act. The detectable warning surfaces shall be constructed using cast iron plates manufactured by Neenah Foundry Company,or ductile iron plates manufactured by East Jordan Iron Works,or approved equal.All plates shall measure 2' x 5'unless otherwise specified on the plans. 28. DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation,or other natural phenomena. Time extensions will not be granted for rain,wind,flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time. 9 SPECIAL PROVISIONS For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5—year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 29. USE OF REMOVED ASHPALT PAVEMENT All asphalt shall be removed and disposed of off-site. It shall not be incorporated into any ofthe new work for the project. 30. ESTIMATED QUANTITIES The bid quantity for unclassified excavation for the asphalt trail on North 19th Avenue was determined using AutoCAD composite volume surface method. This method computes a volume by sampling between an existing ground surface and a design surface. Existing ground surface was determined by GPS field survey of the of the proposed work area by Morrison- Maierle Inc. in 2015. The design surface is defined as sub-grade elevation(0.96' below finish grade asphalt) and daylight grading from finish grade on either side of the proposed trail. After calculating a volume from the existing surface to the design surface, cut and fill volumes for top soil removal were added for areas requiring fill to finish grade. This was done by multiplying the width of the proposed walls by 4-inches of topsoil by the length of the walk in the fill area and adding this volume to the overall cut and the overall fill quantities. Figure 1 —Typical cut/fill calculations for a sidewalk area requiring fill to finish grade FILL VOLUME(TYP) - EXISTING GRADE - -- 12' CUT&FILL VOLUME - Figure 2—Typical cut/fill calculations for a sidewalk area requiring cut to finish grade EXISTING GRADE - - - -12' _ I CUT VOLUME(TYP) - 10 SPECIAL PROVISIONS i The estimate quantities for Schedule 1 are included at the end of this section. No claim for extra work will be allowed unless supported by additional survey and cross sectional data that shows a substantial error has been made on the plans or computation of the quantities. Earthwork quantities have not been calculated for the Schedule 2 improvements. It is the responsibility of the contractor to compute those quantities for his bidding purposes. In order to aid in compilation of the bid,the estimated quantities for each intersection in Schedule 2 have been included at the end ofthis section. 31. ENGINEERING MATERIALS TESTING AND CONTROL TESTING A. The Contractor shall be responsible for testing including, but not necessarily limited to: 1. Installed storm drainage pipe shall be subject to testing as described under section 02720- 3.5.A of the Montana Public Works Standard Specifications. This section describes visually light testing the pipe for alignment and grade. B. Neither tests made by the Owner or the Owner's Testing Company will relieve the Contractor from his obligation to perform the work in accordance with the Technical Specifications. C. Materials, compaction, densities, or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors' expense. Acceptance/Correction of Deficient Pavement Improvements Acceptance tests shall be evaluated by the Engineer for conformance with the specifications. The Engineer shall determine what corrective action is necessary in order for the improvements to be accepted by OWNER. Corrective action may include total removal and replacement of the deficient material,partial removal and replacement, placing additional material, or in lieu of corrective action,payment of a penalty to the OWNER in certain instances. A. Portland Cement Concrete If an individual strength test(average of two cylinders tested at 28 days) falls below the specified strength by more than 500 psi,the in-place material represented by the failed test shall immediately be randomly cored for acceptance testing. A minimum of three and maximum of six cores shall be taken. If the average strength tests of the acceptance cores are deficient in strength by more than 500 psi but not more than 1000 psi,the Contractor shall remove and replace the deficient concrete or pay the City of Bozeman 0.25 times the unit price bid times the area determined to be deficient in strength; if the average strength tests are deficient by more than 1000 psi,the area of the concrete determined to be deficient shall be removed and replaced. 11 SPECIAL PROVISIONS B. Asphaltic Concrete Pavement The asphaltic concrete pavement shall be tested and evaluated for acceptance on a lot basis, with one lot being 1000 tons of material. 1. Thickness. If the average thickness of the pavement cores is more than 1/4" below the plan thickness, or if any one individual core is more than 1/z"below the plan thickness, corrective action or payment of a penalty will be required. a. Average Thickness Deficiencies. If the average thickness deficiency is between 1/4" and %2", corrective action such as placement of additional material (i.e. overlay or chip seal), as determined by the Engineer, will be required. In lieu of placing additional material,the Engineer may allow the payment of a penalty to the City of Bozeman in the amount of 0.25 times the unit price bid of the asphalt pavement times the amount of pavement determined to be deficient. If the average thickness deficiency is more than 1/2", an overlay will be required, along with cold milling of the existing pavement to provide for a minimum overlay thickness of 1.5". b. Individual Core Thickness Deficiency. If any one core thickness is determined to be more than 1/z"below plan thickness, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which is not deficient by more than 1/4", in order to determine the extent of the deficient pavement. If the thickness deficiency is more than 1/4", the area that is deficient shall be removed from pavement edge to pavement edge and replaced to bring the non-complying areas to planned thickness. If the thickness deficiency is not more than 3/4",the deficient area will either be removed and replaced to the planned thickness, or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in thickness. 2.Density. The average density of the pavement cores shall equal or exceed 93%of the maximum density as determined by ASTM D2041 (Rice's density). If the average density is less than 93% but more than 90.9%, the pavement that has deficient compaction shall be milled and overlaid(1.5"minimum depth),or a penalty in the amount of 0.10 times the unit price bid for the pavement material times the amount of pavement that has deficient compaction shall be paid to the City of Bozeman. If the average density is 90.9%or less,the pavement area affected will be removed and replaced or overlaid as determined by the Engineer. If any one core is determined to have a density of less than 86%, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until,in each direction, a core is found which has a density of at least 91%. The area that is determined to have deficient compaction shall be removed from pavement 12 SPECIAL PROVISIONS edge to pavement edge and replaced,or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in density. i i i i r 13 SPECIAL PROVISIONS s r i 2015 CTEP PEDESTRIAN RAMP INSTALLATIONS-WORK LOCATIONS AND ESTIMATED QUANTITIES WORK LOCATION CONC.REMOVAL CURB&GUTTER. CONC.FILLET 6"CONC.SIDEWALK 4"CONC.SIDEWALK DETECTABLE WARNING - SF LF SF SF SF SF 14th/Dickserson NW 170 24 0 70 57 16 14th/Dickserson NE 163 24 0 70 50 16 14th/Dickserson SE 157 21 0 70 50 16 14th/Dickserson SW 162 21 0 70 55 16 14th/Story NW 168 24 0 70 55 16 14th/Story NE 193 24 0 70 80 16 14th/Story SE 192 21 0 70 85 16 14th/Story SW 170 21 0 70 63 16 13th/Story NW 157 21 0 70 50 16 13th/Story NE 165.5 24 0 70 52.5 16 13th/Story SE 164 22 0 70 55 16 13th/Story SW 190.5 24 0 70 77.5 16 13th/Dickerson NW 163 24 0 70 50 16 13th/Dickerson NE 163 24 0 70 50 16 13th/Dickerson SE 161.5 22 0 70 52.5 16 13th/DickersonSW 156.5 22 0 70 47.5 16 12th/Dickerson NW 183 24 0 70 70 16 12th/Dickerson NE 183 24 0 70 70 16 12th/Dickerson SE 165.5 21 0 70 58.5 16 12th/Dickerson SW 157 21 0 70 50 16 12th/Story NW 193 24 0 70 80 16 12th/Story NE 168 24 0 70 55 16 12th/Story SE 154.5 21 0 70 47.5 16 12th/Story SW 155 20 0 70 50 16 Montana/Aspen SW 175 13 15 75 70 16 Montana/Aspen SE 113 14 0 63 25 8 Montana/Cottonwood NW 139 20 0 55 50 18 Montana/Cotonwood NE 149 19 0 77 30 16 Montana/Cottonwood SE 120.5 14.5 15 70 35 16 Montana/Cottonwood SW 117 17 15 70 25 16 Montana/Peach NW 219 34 0 75 90 32 Montana/Peach NE 136 21 0 55 55 18 Montana/Peach SE 266 25 15 68 136 22 Montana/Peach SW 150 8 15 51 77 18 Montana/Beall NW 100.5 20 0 44.6 73 16 Montana/Beall NE 161 20.5 0 68 65 24 Montana/Beall SE 77 16 0 33 30 12 Montana/Beall SW 97 16 15 50 33 12 I 300 Block N.Willson 185 55 0 129 0 20 i Arthur/4th SE 53 7 0 46 0 10 Arthur/4th NW 181 21 0 106 94 20 Arthur/4th SW 111 11 15 0 123 20 Arthur/4th NE 59 7 0 54 0 10 Lincoln/Grand SW 99 18 0 78 0 10 Lincoln/Grand SE 186 28 0 130 0 10 Grand/Arthur SW 186 10 15 111 78 20 Grand/Arthur SE 228 24.5 0 152 35 20 Grand/Arthur NW 169 24 0 99 14 20 I, Cleveland/Rouse SW 171 18 15 70 55 20 Cleveland/Rouse NW 155 18.5 15 70 38 20 Cleveland/Rouse NE 117 7 0 33 75 10 i TOTALS 7975 1049 150 3612.6 2717 838 Page 1 of 1 1 f Cut/Fill Generated: 2015-OS-12 15:26:29 By user: kgamradt Drawing: R:\AutoCAD\CIVIL 3D PROJECTS\2015 CTEP\Design\R:\AutoCAD\CIVIL 3D PROJECTS\2015 CTEP\Design\N 19th Trail Design.dwg Volume ,`t-unan:ary Name Type Cut Fill 2d Area Cut Fill Net Factor Factor (Sq. Ft.) ) (Cu. Yd.) (Cu. Yd.) YELLOWSTONE- full 1.000 1.000 5361.05 460.56 E0,00 460.56<Cut> C-F B&K C-F full 1.000 1.000 2697.72 53.59 11.82 41.76<Cut> Totals 2d Area Cut Fill Net (Sq. Ft.) (Cu. Yd.) (Cu. Yd.) (Cu. Yd.) Total 8058.77 5>14:1 ' [!)- 3a [502.32<Cut> * Value adjusted by cut or fill factor other than 1.0 I i i i Ii file:///C:/Users/l<-gamradt/AppData/Local/Temp/CutFillReport.xml 5/12/2015 S Montana Department of Transportation Encroachment Permit Printed on., June 11, 2015 APPLICANT INFORMATION: Name. KELLEN GAMRADT Address: 20 EAST 0711VE STREET APPROVED City: BOZEMAN State. MT Zip- 59711 Corporation Name! CTTY OF BOZEMA14 Phone:406-582-2280 Nature of Permit Desired; CTEP SIDEWALK ON 19TH AVE ENCROACHMENT LOCATION INFORMATION: Sign Route; Corridor: Beginning Reference Ending Reference N 19TH AVE C001201 001t0.000 County: GALLATIN Commentu; A. THE PERMITTEE IS SOLELY RESPONSIBLE FOR ANY LOCATEC AND ENVIRONMENTAL IMPACTS INCURRED AS A RESULT OF THIS PROJECT AND 13 SOLELY RESPONSIBLE FOR OBTAINING ANY NECESSARY ENVIRONMENTAL PERMITS, NOTIFICATIONS, AND / OR ANY OT142P NECESSARY ENVIRONMENTAL CLEARPNCPS. 2. PERMITTRR SHALL ST(al AND FENCE AREA OF SIDEWALK BE WORKED ON TO PROTECT PEDESTRIANS. 3. PERMITTED SHALL SUBMIT AN APPROVED DETAILED TRAFFIC CONTROL, PLAN THAT MEETS MDT AND MUTCD REQUIREMENTS. ONLY IF 013STRUCTIN TRAFFIC FLOW. 4, PERMITTED SHALL FOLLOW THE APPROVED TRAFFIC CONTROL PLA11T, S. PERMITTED SHALL NOT HAVE ANY ROAD CLOSURES AT ANY TTMR. , 6, PERMITTED SHALL PROVIDE MDT A 24 HOUR EMERGENCY CALL LIST TO BOZ?MAN HEADQUARTERS, 7. PEP14ITTED SHALL ACCEPT RESPONSIBILITY OF ALL MAINTENANCEOF THE SIDEWALK. THIS TNCLVVt:S ANY SNOW R7'-MOVAL OR DAMAGED AREAS DUE TO VANDALISM OR INCLEMENT WEATHER. S. PER.MIT'PED SHALL CEASE ALL OPERATIONS WHEN INCLEMENT WEATHER CREATE$ HAZARDOUS ROADWAY CONDITIONS. 9. PERMITTED SllAr,L KEEL' WATER FLOWING AWAY FROM THE ROAD BED AND IN THE DITCH LINE, 10, PERMITTED SHALL REPAIR ANY AND ALL DAMAGES DONE TO MDTLS RIGHT-OF-WAY, CURBS, BRi=lS AND/OR ROADWAY AS A RESULT OF TH2 PROJECT— ALL REPAIRS WILL BE DONE IN KIND AND WILL BE DONE IMMEDIATELY. 11. PERMITTEE SHALL NOT PARK OR LEAVE ANY VEHICLES OR EQUIPMENT ON 19 AVE, WHILE WORKING OR DURING OFF HOURS, 12. PERMITTEE SHALL HAVE TRUCK ENTERING SILKS AND (CERTIFIED FLACGERS IF NEEDED) 1s. PF,RMIi,TED SHALL CALL PAUL MCCAULEY AT 406-556 4'119, WHEN WORK WILL COMMENCE AUL; WHE14 COMPLETED. 14. THIS PERMTT EXPIRES OCTOB9R 9, 2015 ENCROACHMENT PERMIT INFORMATION: Application Date ISSUG Date End Class type— Maintenance Division 11-JUN-15 11-JUN-15 09-OCT 15 A TEMPORARY DOZEMAN Permit number 5191 Page 1 of 4 Montana Department of Transportation Encroachment Permit Printed on. June 141,201 Approved bit= KYLE DEMARS {Appeal signature} __._,.. (Applicant Signature) permit number 5191 Page 2 of 4 Montana erg of Transpotlation E rncroach ent Permit Printed on: June 11, 201$ SPECIAL FACILITIES INFORMATION Name Address City State Zip ST Plane E ST Plane N Petro Elig Super Fund Id tank mdeg id Type Type Description N Mine mdeq id Mine Description Well Designation Romd Apprvl Uprvl Tit Approval Recommended EX Spill Description Comment 1 TERM.This permit shall be in full force and effect from the date hereof until revoked as herein provided. z FEE. The fee for issuance of this permit is 1 REVOCATION. This permit my be revoked by State upon giving 45 days notice to Permittee by ordinary mail,sent to the address shown herein. However,the;Mate may revoke this permit without notice if Permittee violates any of its conditions or terms. 2 COMMENCEMENT OF WORK, No work shall be commenced until Permittee notifies the Maintenance Chief shown in application the date the Permittee proposes to commence work. s CHANGES IN HIGHWAY, If State highway changes necessitate changes in structures or installations installed under this permit, Permittee will make necessary changes without expense to State. b STATE SAVED HARMLESS FROM CLAIMS. As a consideration of being issued this permit,the Permittee,its successors or assigns,agrees to protect the State and save it harmless from all claims,actions or damage of every kind and description which may accrue to,or be Suffered by,any person or persons,corporations or property by reason of the performance of any such work, character of materials used,or manner of installations,maintenance and operation,or by the improper occupancy of Said highway right-of-way,and in case any suit or action is brought against the State and arising out of,or by reason of any of the above causes,the Permittee,its successors or assigns,will,upon notice to them of the commencement of such action,defend the same at its sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action. '7 PROTECTION OF TRAFFIC, The Permittee shall protect the work area with traffic control devices that comply with the Manual of Uniform Traffic Control Devices, The Permittee may be required to submit a traffic control plan to the Maintenance Chief for approval prior to starting work. During work,the Maintenance Chief or designee may require the Permittee to use additional traffic controt devices to protect traffic or the work area. No road closure shall occur without prior approval from the District Engineer. s HIGHWAY AND DRAINAGE. If the work done under this permit interferes in any way with the drainage of the State highway affected,Permittee shall,at the Permittees expense,make such provisions as the State may direct to remedy the interference. RUBBISH AND DEBRIS. Upon completion of work contemplated under this permit,all rubbish and debris shall be immediately removed and the roadway and roadside left in a neat and presentable condition satisfactory to the State. 11) INSPECTION, The Installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit. The Permittee may be require gve{{ he r I Mion,at sole expense of Perrr self thl Inst,9I?Q$n does not conform with the requirements of this permi or a tar, ed p an. I 1 STATES RiGHT NOT TO BE INTERFERED WITH. All changes,reconstruction or relocation shall be done by Permittee so as to cause the least interference with any of the States work,and the State shall not be liable for any damage to the Permittee by reason of any inch work by the State,Its agents,contractor or representatives,or by the excercise of any rights by the State upon Montana Department of Transportation Encroachment Permit Printed on: June 11,2016 the highways by the installations or structures placed under this permit. 12 REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State,upon termination of this permit,the Penmitlee shalt remove the installations or structures installed under this permit at no cost to the State and restore the premises to the prior existing condition,reasonable and ordinary wear and tear and damage by the elements,or by circumstances over which the Permittee has no control excepted. zs MAINTENANCE AT EXPENSE OF PERMIT iFF Permittee snail maintain,at its solo expense.the installations and structures for which this permit is granted,in a condition satisfactory to the State_ 14 STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State,or by any State employee engaged in construction,alteration,repair,maintenance or improvement of the State highway,shall be at the sole expense of the Permittee. is STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed,therefore,Permittee agrees to promptly reimburse State for any expense incurred in repairing surface of roadway due to settlement at installation,or for any other damage to roadway as a result of the work performed under this permit_ 16 The Permittee shall not discharge or cause discharge of any hazardous or solid waste by the installation or operation of the facility of a State Right-of-Way. 17 The Permittee will control noxious weeds within the disturbed installation area for two(2)years. IS In accordance with Mont_Code Ann, 76-3-403(2),Permittee shall,at Permittees expense,employ the services of a Montana Licensed Professional Land Surveyor to re-establish all existing survey monuments disturbed by work contemplated under this permit. 19 The use of explosives is prohibited for the installation. 20 Any condition of this permit shall not be waived without written approval of the appropriate District Engineer. 21 OTHER CONDITIONS AND/OR REMARKS: —_ Permit number 5191 Page 4 of 4 /01 'rnr,(i-rrt Av(•(wc• r Montana Department of Transportation Hdofla.A41 ` 46fA-"PIP) Phony`:(4G6)444-/664 �n�,1.i�A(-n0, 0/!14 Encroachment Application rax(•SUr�l4�4 '�411 TTY:(404)444-1696 Page t of 3 w0jyd ril((t t71 t.agy To be filled in by Department E Print Form Agreement Number: Project Number: Project Name: ID Number: County; Maintenance Section: Corridor: Sign Route: Milepost: Roadbed: Montana D p�entofTransportation 71�.' . ^� Sidnature — - Date Subject to the terms and conditions shown on Page 2 hereof;this permit is hereby approved and granted. The"Permittee"agrees to the tenns of this permit. (PROPERTYAPPLICANT OWNER) NATURE OF PERMIT APPLICATION: (Give sufficient detail to permit thorough understanding and submit blueprints or sketches in triplicate.) `If work involves Environmental-Related cleanup or monitoring, also complete Section 7. This project generally consists of the installation of 658 linear feet of a 10-foot wide shared use pathway adjacent to North 19th Avenue in two locations to complete the existing trail system. Township Section Range / Corridor Sign Route Mile Post 25 _ N 19th Ave I 0.95-1.35 Name PhonelFax Number City of Bozeman 406-582-2280 Address E-mail PO Box 1230 kgamradt@bozeman.net city State Zip Code Bozeman ] MT 59771 If a Corporation,give State of Incorporation and names of President and Secretary Highway survey stations,milepost,distances to centerline,and distance from right-of-way line near which installations or structures will be installed: North 19th Avenue between the edge of the road and the east right-of-way;approximately 250 feet north of Boothill Court to the intersection with Rawhide Ridge and from aeadman's Gulch approximately 225 feet north. For how long a period is the permit desired?: Permanent Are there environmental actions involving hazardous waste sites? (Superfund,Spills,Underground C Yes(Complete Page 3) Storage Tanks,Old Mines,etc.) if Yes you will need to fill out additional environment questions. (; No An environmental checklist must be filled out,signed and attached in order for this application to be considered complete, OF i3cf-IZEIM Company or Corporation Ti a Sid attire Date .,701 Pram t Avk-nw, us PO Nox Ti Montana Department of Transportation Hidena,101 S'Y,04-'8'A JYMI ^ Phone:(406)444 /f)64 MD[-MAI007 01/14 Encroachment Application Fax(406)4•14 5411 f TY:(406)444-/696 Page 2 of 3 yYwyJ mdtmt_gov (INSTRUCTIONS CONCERNING USE OF THIS FORM) Applicant will complete this form along with plans,sketches and an environmental checklist and send to the appropriate District Maintenance Chief for review and approval. If the propo:,eld installation will re--mIt in significant permanent or long term impacts to the transportation network in teens of substantial increast!tr affrt:volumes weight or delays to traffic on state roadways,such as major mines greater than five acres,a railroad at-grade crossing,railroad under or overpass,or strip mines,or if the proposed action has permanent impacts to other forms of transportation(rail.transit,or air movement),the encroachment permit must be submitted to the transportation planning division for review prior to Issuance of this permit, Sub'ecbj t to the followiMterms and conditions,the permit_applied for upon the reverse side hereof.is hereby granted: 1. TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided. 2. REVOCATION. This permit may be revoked by State upon giving 45 days notice to Permittee by ordinary mail,sent to the address shown herein. However,the State may revoke this permit without notice if Permittee violates any of its conditions or terms. 3. COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the Maintenance Chief shown in application the date the Permittee proposes to commence work. 4. CHANGES IN HIGHWAY. If State highway changes necessitate changes in structures or installations installed under this permit,Permittee will make necessary changes without expense to State. S. STATE SAVED HARMLESS FROM CLAIMS. As a consideration of being issued this permit,the Permittee,its successors or assigns,agrees to protect the State and save it harmless from all claims,actions or damage of every kind and description which may accrue to,or be suffered by,any person or persons,corporations or property by reason of the performance of any such work,character of materials used,or manner of installations, maintenance and operation,or by the improper occupancy of said highway right-of-way,and in case any suit or action is brought against the State and arising out of,or by reason of,any of the above causes,the Permittee,its successors or assigns,will,upon notice to there of the commencement of such action,defend the same at its sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action_ 6. PROTECTION OF TRAFFIC. The Permittee shall protect the work area with traffic control devices that comply with the Manual of L nfform Traffic Control Devices. The Permittee may be required to submit a traffic control plan to the Maintenance Chief for approval prior to starting work. During work,the Maintenance Chief or designee may require the Permittee to use additional traffic control devices to protect traffic or the work area. No road closure shall occur without prior approval from the District Engineer, 7_ HIGHWAY AND DRAINAGE. If the work done under this permit interferes in anyway with the drainage of the State highway affected. Permittee shall, at the Permittee's expense,make such provisions as the State may direct to remedy the interference. 8. RUBBISH AND DEBRIS. Upon completion of work contemplated under this permit,all rubbish and debris shall be immediately removed and the roadway and roadside left in a neat and presentable condition satisfactory to the State. 9. INSPECTION. The installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit. The Permittee may be required to remove or revise the installation,at sole expense of Permittee, if the installation does not conform with the requirements of this permit or the attached plan. 10. STATE'S RIGHT NOT TO BE INTERFERED WITH. All changes,reconstruction or relocation shall be done by Permittee so as to cause the least interference with any of the State's work,and the State shall not be liable for any damage to the Permittee by reason of any such work by the State,its agents,contractors or representatives,or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit. 11. REMOVAL OF INS fALLATIONS OR STRUCTURES. Unless waived by the State,upon termination of this permit,the Permittee shall remove the installations or structures installed under this permit at no cost to the State and restore the premises to the prior existing condition,reasonable and ordinary wear and tear and damage by the elements,or by circumstances over which the Permittee has no control,excepted. 12 MAINTENANCE AT EXPENSE OF PERMITTEE_ Permittee shall maintain,at its sole expense,the installations and structures for which this permit is granted,in a condition satisfactory to the State. 13. STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. in accepting this permit,the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State,or by any State employee engaged in construction,alteration,repair,maintenance or improvement of the State highway,shall be at the sole expense of the Permittee, 14. STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being bitted,therefore,Permittee agrees to promptly reimburse State for any expense incurred in repairing surface of roadway due to settlement at installation,or for any other damage to roadway as a result of the work performed under this permit. 15. The Permittee shall not discharge or cause discharge of any hazardous or solid waste by the installation or operation of the facility of a State Right of- Way. 16. The Permittee will control noxious weeds within the disturbed installation area for two(2)years. 17. In accordance with Mont.Code Ann.§76-3-403(2),Permittee shall,at Permittee's expense,employ the services of a Montana Licensed Professional Land Surveyor to re-establish all existing survey monuments disturbed by work contemplated under this permit. 18, The use of explosives is prohibited for the installation. 19. Any condition of this permit shall not be waived without written approval of the appropriate District Administrator. 20. OTHER CONDIDTIONS AND/OR REMARKS: 21, ® See attached addendum 701 P00%(lri t A;rutty' Montana Department of Transportation IIF1tgna.MT`;96}4 Pjwtie:(406)4.14 /664 MM*MOT-MAIcl67 tJ7/74 Encroachment Application Fax(ao6i444 ;41i 1(Y:(4061 4444696 f'agr,3 of 3 +^f+j o mdt.mt.tgov Additional Environmental Questions Pertaining to Environmental actions involving hazardous waste sites (Superfund,Spills,Underground Storage Tanks,Old Mines,etc.) Name of Facility: Facility IM Address: City State Zip Code MT Check Boxes that are applicable below and provide subsequent details ❑ Leaking underground storage tanksite? MDEQ identification number ❑ Petro Fund Eligible? ❑ Remediation Response Sites(State Superfund Site)? identification number and/or site name ❑ Federal Superfund Site? identification number and/or site name ❑ Is Mine Active or Abandoned? Mine Site ID# Mine Description or Name ❑ Spill? Spill Site _ Spill Description Other Environmental Action C Yes Traffic Control Plan Attached? No For each well installed in MDT R/W,provide GPS coordinates in state plane coordinates(preferred)or well survey information in another format(continue on another sheet if necessary), NOTE; Each well request needs to be submitted on a separate application form, f r Add Well Well Designation Fasting Northing X X 110 Box:010t tl Montana Department of Transportation Phone: ,444j96- tOtitl C' Phone:{40rii 4:14 7?:>;, Environmental Checklist Faxi4U44 iv1DT-FNV-UOfi 11/13 Tl'y_(406)6}a44.769 759to Page t of 7 wt•+rv.mcit.mt.gnv Project Identification Number Name!Location Description Route/Corridor Federal Funds involved? Control Number/UPN pate Choose type of Environmental Checklist; —-- �ryayEncroaehment/Occupancy(including Utility) . . � r e Mile ost(s): Name: Title Highway or Route: P Q.95-1.35 Kellen Gamradt Engineering inspe(* N-412(N. 19th Avenue) �_— — —. Company/Utility: Physical Address: — City: 2400-2900 Block of N. 19th Ave. Bozeman_ � City of Bozeman Legal description: • Mailing Address: Phone: County: Gallatin J� 20 East Clive Street 406-582-2280 N. 19th Avenue R.O.W. — — — Township: Range: Section(s): City: State: Zip: Business Phone- Township: 6E 35 Bozeman _ MT 59771 406-582-2280 MDT Environmental Checklist Help Guide /fornslEVVIRQNMENTAL-CHCKLIST-cceaE� p heeomtaUnal Cick button or otowma mmt Explanation,and/or Impact Questions information Source(Attach supporting Actions that qualify for categorical Exclusion under MEPA and/or NEPA(See ARM 18 Z.261 and 23 CFR 771.117) Information,as necesary.l (See ARM 18.2.261 and 23 CFR 771.117) Yes 6-No 1 Will the proposed action impact any known historical or archaeological site(s)? Will the proposed action impact any publicly owned parkland(s),recreation area(s),wildlife or waterfowl C Yes (* No refuge(s)? Will the proposed action impact prime farmlands?(if yes,attach a completed Farmland Conversion impact Rating r--� yes G No 3 Ad-100fiJ � Yes ("No -i raffic will be detoured during 4 a_Will the proposed action have an impact on the human environment that may result from relocations of construction persons or businesses,changes in traffic patterns,changes in grade,or other types of changes? b,Has the proposed action received any preliminary or final approval from the local land use authority? C" Yes C. No 5 For the proposed action,is there documented controversy on environmental grounds?(For example,has the (^ Yes C:No applicant received a letter of petition from an environmental organization?) 6 Will the proposed action require work in,across or adjacent to a listed or proposed Wild or Scenic River? r Yes G No 7 Will the proposed action require work in a Class I Air Shed or nonattainment area? (' Yes (:No Usual noise from utility construction 8 Witt the proposed action impact air quality or increase noise,even temporarily? Yes No work 9 a.Is the proposed project a M54 Area?(Billings,Bozeman,Butte,Helena,Great Falls,Kalispell.and Missoula) G Yes C No Within Bozeman's M54 b.Will the proposed action have potential to affect water quality,wetlands,streams or other water bodies?If YES, (^ yes (:No an environment-related permit or authorization maybe required. 10 Are solid or hazardous wastes or petroleum products likely to be encountered? (For example,project occurs in or yes to No adjacent to Superfund sites,known spill areas,understorage tanks,or abandoned mines.) 1 t a.Are there any listed or candidate threatened or endangered species,or critical habitat in the vicinity of the ( Yes Ce No proposed action? b.Will the proposed action adversely affect listed or candidate threatened or endangered species,or adversely ( Yes C+No modify critical habitat? 12 Will the proposed action require an environmentat-related permit or authorization? C` Yes r�No If the answer is"yes,"please list the specific permits or authorisations. 13 a.Is the proposed action on or within approximately 1 mile of an Indian Reservation? C Yes G No b.if Wes",will a Tribal Water Permit be required? (—Yes re No C NIA 14 Will the proposed action result in Increased traffic volumes,increased wait or delays on state highways,or have (' Yes t:No adverse impacts on other forms of transportation(rail,transit or air movements)? is the proposed action part of a project that may require other governmental permits,licenses or easements? If ( Yes r:No 15 "Yes",describe the full extent of the project dnd any other permits,licenses or easements that may be necessary for the applicant to acquire- SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract,the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. No separate measurement and payment shall be made for traffic control or any other items that do not have a specific unit price item listed in the proposal sheet. Costs associated with all such items shall be included in other bid items. Item 101: (Taxes,Bonds,Insurance) To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent(5%),if any,payment shall be made on the basis of the percentage of the work completed of each progress estimate. This item is the complete price for the project and shall cover both schedules. Payment will be made for this item regardless of which schedule is being worked on in any given pay period. i Item 102: (Mobilization)Fifty percent(50%)to be paid on the first progress estimate when mobilizing to begin construction,and fifty percent(50%)to be paid following substantial completion and acceptance of the work. This item is the complete price for the proj ect and shall cover both schedules. Payment will be made for this item regardless of which schedule is being worked on in any given pay period. Items 103 &205: (6"thick concrete sidewalk) Measurement and payment for this item shall be as per MPWSS, Section 02529 4.4, square foot method. Item 104: (1"Minus Crushed Base Course)Measurement and payment shall be as per MPWSS Section 02235 4.1. Item 105: (Geotextile Separation Fabric) Measurement and payment shall be as per MPWSS Section 02110 4.1. Item 106: (3" AC pavement surface course) Measurement and payment for this item shall be as per MPWSS Section 02510, 4.2. Item 107: (Construction Seal)Measurement and payment for this item shall be as per MPWSS Section 02505, 4.1. 1 MEASUREMENT AND PAYMENT Item 108 & 206: (Detectable Warning) Measurement and payment shall be by the square foot at the contract unit price bid for"Detectable warning". Price and payment is full compensation for furnishing and installing detectable warning panels in accordance with manufacturer's recommendations. Item 109: (12"Diameter RCP Pipe w/F.E.T.S.)Measurement and payment shall be by the lineal foot (LF). Payment at the contract unit price shall constitute full compensation for trench excavation, dewatering,backfill,and compaction,furnishing and installing pipe,flared end sections,bedding,proper disposal of all waste materials, and all other work necessary or incidental for completion of the item. Item 110: (Earthwork,Final site grading, and restoration)Measurement shall be made on a lump sum basis. Payment shall be made on the basis of the percentage of the work completed of each progress estimate and shall constitute full compensation for all unclassified excavation; disposal of excess material; import,if necessary, and placement of fill;import,if necessary,and placement of topsoil; site preparation; seeding; fertilizer; related materials, labor,tools, equipment, and incidentals necessary to complete the project areas to the finish lines and grades shown on the plans. Item 111: (Miscellaneous Work)the item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only,which may be adjusted up or down by the Engineer in accordance with the needs of the project. This item is the complete price for the project and shall cover both schedules. Payment will be made for this item regardless of which schedule is being worked on in any given pay period. Item 201: (Concrete removal and disposal)Measurement and payment shall be by the square foot(SF)at the unit price bid for "Concrete removal and disposal", which price and payment shall constitute full compensation for furnishing all materials, tools, equipment, labor, loading, hauling, disposal, and incidentals necessary to sawcut and remove and dispose of existing PCC or asphaltic concrete pavement or sidewalks, straight curbing, or integral curb and gutter. Items 202: (Combined concrete curb and gutter)Measurement and payment shall be by the lineal feet of combined curb and gutter in place at the contract unit price bid for"Combined concrete curb and gutter". Price and payment is full compensation for all materials,preparation of gravel base,curing of concrete, painting face of gutter with tack oil, all pre-molded mastic material for expansion joints, steel dowels and sleeves,all equipment,tools,labor,and for the performance of all work and incidentals necessary to complete the item. Items 203: (Concrete fillet) Measurement and payment shall be by the square foot at the contract unit price bid for"Concrete fillet"for constructing curb turn fillets or inlet apron fillets. Price and payment is full compensation for all material,excavation,backfill,curing of concrete,pre-molded mastic material, equipment,tools and labor, and for the performance of all work and incidentals necessary to complete 2 MEASUREMENT AND PAYMENT this item. Item 205: (4"thick concrete sidewalk)Measurement and payment for this item shall be as per MPWSS, Section 02529 4.4, square foot method. I j i 3 MEASUREMENT AND PAYMENT i 4 TECHNICAL SPECIFICATIONS CONTENTS Montana Public Works Standard Specifications (MPWSS): The technical specifications in the Montana Public Works Standard Specifications 61h Edition, April 2010, and all subsequent Addendum, are hereby incorporated by reference and made a part of the Contract. City of Bozeman Modifications to the Montana Public Works Standard Specifications Sixth Edition: The following modifications and additions by the City of Bozeman (COB) to the technical specifications and standard drawings contained in the MPWSS, 61"Edition, April 2010, hereby supersede the MPWSS requirements. COB modified or additions to the MPWSS technical specification bound within this document: DIVISION 1 —GENERAL REQUIREMENTS Section 01500 Construction and Temporary Facilities Section 01570 Construction Traffic Control DIVISION 2—SITEWORK Section 02112 Removal of Existing Pavement, Concrete Curb, Sidewalk, Driveway and/or Structures Section 02113 Adjusting Existing Manholes, Lampholes, Inlets, Water Valve Boxes, Water Services, and Fire Hydrants to Grade Section 02221 Trench Excavation and Backfill for Pipelines and Appurtenant Structures Section 02235 Crushed Base Course Section 02502 Asphalt Prime and/or Tack Coat Section 02510 Asphalt Concrete Pavement Section 02528 Concrete Curb and Gutter Section 02529 Concrete Sidewalks, Driveways, Approaches, Curb Turn Fillets, Valley Gutters and Miscellaneous New Concrete Construction Section 09810 Street Signs r COB modified or additions to the MPWSS standard drawings bound within this document: COB 01570-1 Traffic Control, Minimum Standard,Urban Work Site, 4 Lane Road, Work Site Closing One Lane COB 01570-2 Traffic Control, Minimum Standard,Urban Work Site, 2 Lane Road, Work Site on Centerline COB 01570-3 Traffic Control, Minimum Standard, Urban Work Site, 4 Lane Road, Work Site on Centerline Partially Blocking Inside Lanes COB 01570-4 Traffic Control, Minimum Standard, Urban Work Site, 2 Lane Road, 1 Lane Partially or Fully Closed by Work Area COB 01570-5 Traffic Control, Minimum Standard, Rural Work Site, Work Adjacent to the Present Traveled Way COB 01570-6 Traffic Control, Minimum Standard, Rural Work Site, Utility Work on or Across the Present Traveled Way COB 01570-7 Pedestrian Traffic Control for Temporary Sidewalk Closure COB 01570-8 Sidewalk Closure with Detour COB 02528-1 Integral Concrete Curb and Gutter COB 02529-2 Standard Fillet COB 02529-8 Pedestrian Ramp COB 02529-8A Blended Transition Pedestrian Ramp COB 02529-16 Asphalt Pathway COB 02720-11 Strom Drain Debris Rack COB 09810-1 Sign Installation Standards COB 09810-4 Standard Street Marker Sign Location A complete copy of the COB modifications to the MPWSS may be obtained from the office of the City Engineer located at 20 E. Olive Street in Bozeman, Montana. SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES 1.4 Devise this section as follows: Be responsible for dust and vehicle off-tracking control, providing all equipment and personnel for the work. Furnish Engineer name(s) and telephone number(s) of the person(s)responsible for dust and vehicle off-tracking control during evenings and weekends. If the person cannot be contacted, Owner or City of Bozeman may, at Contractor expense,perform the work or contract the work out. Add the following: 1.6 STANDARD DRAWINGS A. Standard drawings included in Appendix A of this specification book which are applicable to this section are as follows: Standard Drawing No. 0 15 00-01 Vehicle Tracking Control COBMODS bah Edition Page-1 -of 1 SECTION 01500 SECTION 01570 CONSTRUCTION TRAFFIC CONTROL 1.3 NOTIFICATIONS Add the following; D. Notify police department, fire department, ambulance services, and bus companies of any planned street closures a minimum of 24 hours before closing any street. Arid the following section: 1.4 STANDARD DRAWINGS Refer to the following Standard Drawings in Appendix C: City of Bozeman Standard DrawingNo.01570-1,Traffic Control,Minimum Standard, Urban Work Site, 4 Lane Road,Mork Site Closing One Lane City of Bozeman Standard DrawingNo. 01570-2,Traffic Control,Minimum Standard, Urban Work Site,2 Lane Road,Work Site On Centerline City of Bozeman Standard Drawing No. 01570-3,Traffic control,Minimum Standard, Urban Work Site, 4 Lane Road, Work Site On Centerline Partially Blocking Inside Lanes City of Bozeman Standard DrawhgNo. 01570-4,Traffic Control,Minimum Standard, Urban Work Site, 2 Lane Road, 1 Lane Partially or Fully Closed By Work Area City of Bozeman Standard DrawingNo.01570-5,Traffic Control,Minimum Standard, Rural Work Site,Work Adjacent to The Present Traveled Way City ofBozeman Standard DrawingNo. 01570-6,Traffic Control,Minimum Standard, Rural yjTork Site,Utility Work On or Across the Present Traveled Way City of Bozeman Standard Drawing No. 01570-7, Pedestrian Traffic Control for Temporary Sidewalk Clos-ixe City of B ozeman Standard DrawingNo. 01570-8, Sidewalk Closure with Detour 4.1 PAYMENT Adel the following section D, Measurement and payment for Construction Traffic Control will be made only if listed as a separate item in the bid documents. If not listed in the contract as a bid item, Construction Traffic Control shall be considered an incidental cost to be included in other items in the contract requiring Traffic Control to complete that item. COBMODS dh Edition Page.-1 -of 1 SECTION 01570 SECTION 02112 REMOVAL OF EXISTING PAVEMENT, CONCRETE CURB,SIDEWALK,DRIVEWAY AND/OR STRUCTURES 3.1 GENERAL Add the following section; D. Exercise care in removal of existing tree roots that conflict with the work. Tree roots shall be removed by sawcutting the roots to a neat line at the extent ofthe excavation. Remove only the minimum amount of roots necessary in order to complete the work. SECTION 02112 COBMODS 6 h Edition .Page-1-of 1 SECTION 02113 ADJUSTING EXISTING MANHOLES,LAMPHOLES,INLETS, WATER VALVE BOXES, WATER SERVICES AND FIRE HYDRANTS TO GRADE 1.2 STANDARD DRAWINGS delete:' Standard Drawing No. 02213-1,Manhole Adjustment Detail Delete: Standard Drawing No. 02213-2,Water Valve Adjustment Detail .Add: City of Bozeman Standard Drawing No. 02213-1,Manhole Adjustment Detail ,Add. City of Bozeman Standard Drawing No. 02213-2,Water Valve Adjustment Detail PART 2 -PRODUCTS 2.1 GENER_ALT - Kidd the-following section: B. East Jordan Iron Works Model 69 screw type adjustable risers maybe used to adjust existing valve boxes to grade. Do not use these adjustable risers on new valve boxes; add mid-section extensions to provide correct valve box adjustment. COBMODS b h Edition Page-1-of 1 SECTION 02113 SECTION 02221 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES &APPURTENANT STRUCTURES 2.1 PIPE'BEDDING MATERIALS A. TYPE 1 PIPE BEDDING 2. Modify this section as follows: Provide Type 1 Bedding consisting of imported sand, sandy gravel,or fine gravel having a maximum 3/4 inch size and a maximum plasticity index of 6,determined by AASHTO T89 and T90 or by ASTM D4318. 3.1 PROTECTION OF EMMTING PROPERTIES A. General 1. Auld the following: Replace any tree, bush, hedge, planter or similar vegetation or landscaping damaged during the course of the work with a planting equal to that damaged in kind, size, and location. The contract warranty period for performance applies also to the instances described herein. 4. Modify this section as follows: ➢o not cut and replace existing services from the mains to private property which interfere with trenching operations unless the work has been specifically approved by the City of Bozeman Water/Sewer Department. If approved, the cost for this work will be the responsibility of the CONTRACTOR. Do not interrupt water service for more than four hours. Install a temporary service connection approved by the City of Bozeman Water Department if service is interrupted for a longer period. Protect temporary services from freezing or interruptions of use during the construction period. 3.6 TRENCH FILLING AND BACKFILLING C. Trench Backfill 4. Watering c. Add the following requirements: Water from the City of Bozeman's municipal system may only be obtained from the metered service located at the City Shop Complex. The Contractor shall reimburse the Cit- y Water Department for the cost of the water used at a rate SECTION 02221 COBNIODS 6 h Edition Page-1-of 2 determined by the Water Department. D. Replacement of Unsuitable Backfill Material 1. Modify alas seeflon as fallows: Remove and dispose of excavated soils that are saturated and cannot be readily conditioned or dried to be made suitable, contain deleterious materials or have characteristics that,in the opinion of the ENGINEER., render the soils unsuitable as backf ll. COBMODS Edition Page 2 of 2 SECTION 02221 f i SECTION 02235 CRUSBED BASE COURSE PART 2 PRODUCTS 2.1 GENERAL A. Addi the folio-kving:Limit use of_recycled concrete andlor asphalt in the crushed base course to a maximum of 50%by weight. Recycled material shall be mechanically blended to assure thorough mixing. 2,2 CRUSITMETD BASE M.ATERIA1, Add the following section: E. When available, incorporate reclaimed glass collet into the base course material. A minimum of 3% and a maximum of 15% of the base course material shall be reclaimed glass.The reclaimed glass shall be crushed so that 100%ofthe crushed glass passes a 3/8 inch screen. No more than 10%ofthe material retained on an individual sieve 1/4 inch or larger shall be glass, based upon visual examination and weight. I i F i G is E C013MODS 6 Edition Page 1 of 1 SECTION02235 L SECTION 02502 ASPHALT PRIME AND/OR TACK.COAT PART 2 PRODUCTS 2.1 GENERAL A. Unless otherwise specified in the contract documents, do not use type SS-lh emulsified asphalt. COBMODS dh Edition Page 1 of 1 SECTION 02502 SECTION 02510 ASPHALT CONCRETE PAVEMENT 2.2 PLANT MI]X AGGREGATES Add the following: I. Reclaimed glass may be added to the aggregate for plant mix. A maximum of 3% crushed glass may be blended in the mix. The glass shall be crushed so that 100%of the glass passes a 3/8 inch sieve, and no more than 8%passes a No. 200 sieve. if glass is used in the mix, 1%hydrated.lime(by weight)shall be added to the mix as an anti-stripping agent. Hot plant mix asphalt with glass is limited to binder or base courses and is not to be used in surface or friction courses. 2.3 ASPHALT FINDER MATERIAL A. 1. Grades: Add thefollowingrequirement: Unless otherwise specified in the Contract Documents, the type and grade of asphalt cement shall be performance grade 58-28 (AASHTO Performance Graded Binder Specification MP-1). 3.14 PATCHING B, Surface Preparation Add the fallowing requirements: 3. d. Tack coat all existing asphalt edges prior to placing new asphalt concrete. C. If hot plant mix asphalt is not available, temporarily patch the pavement using a 3000 psi(mir�im��)concrete(M-3000 or C-3000), with a minimum 'Tiikness of 3 inches, Remove the temporary patches and replace with hot mix asphalt when it becomes available. f Thickness of the pavement patch will equal that of the existing pavement,unless otherwise approved. I 3.16 SPREADING A1\TD FINISHING: Revise this section as follawn A. Spread and finish meeting the following requirements: i 1. The maximum liftthickness is 3 inches (compacted depth) for surface courses and 4 inches (compacted depth) for base courses. i COBIVIODS 61H Edition Page 1 of'I SECTION 02510 i SECTION 02528 CONCRETE CURB AND GUTTER 1.1 DESCRIPTION B. Revise as follows: Deletes Standard Drawing No. 02528-1, Standard Curb and Gutter Delete: Standard Drawing No. 02528-2,Drive-over Curb and Gutter Add.. City of Bozeman Standard Drawing 02528-1,Integral Concrete Curb and Gutter 3.2 FOUNDATION PREPARATION D. Devise as follows: For new street construction or street reconstruction,place gravel base course for the street 9"beyond the back of curb. 3.6 STRIPPING FORMS AND FINISHNNG B. Finishing Add the,following requirement: 3. After finishing and brooming,stamp a mark into the concrete to mark sewer and/or water service lines. The mark shall be either a"W" for water or an "S"for sewer. The mark shall be 3"tall and stamped a minimum of 1/4"into the face of the curb, The marking shall locate the end of the stubbed service at a 90-degree angle to the curb. COSMODS 6°i Edition Page 1 of 1 SECTION 02528 6 F S SECTION 02529 CONCRETE SIDEWALKS,DRIVEWAYS,APPROACIES, CURB TURN FILLETS, VALLEY GUTTERS, AND MISCELLANEOUS NEW CONCRETE CONSTRUCTION 1.2 REFERENCES A. Devise as follows. Delete. Standard Drawing No. 02529-1,Double Gutter Detail for Street Intersection .delete. Standard Drawing No. 02529-2, Standard Fillet Delete. Standard Drawing No. 02529-3, Type I Street Monument 1 Delete. Standard Drawing No. 02529-4, Type II Street Monument Delete. Standard Drawing No. 02529-5A,Boulevard Driveway Approach Delete. Standard Drawing No. 02529-58, Curb Walk Dnve nay Approach Delete: Standard Drawing No. 02529-78, Curb Walk Alley Approach Delete. Standard Drawing No. 02529-8,Accessibility Ramp Delete. Standard Drawing No. 02529-9, Swale Crossing Add. City of Bozeman Standard Drawing No. 02529-1,Double Gutter Detail for Street Intersection Add. City of Bozeman Standard Drawing No. 02529-2, Standard Fillet Add. City of Bozeman Standard Drawing No. 02529-3, Type I Street Monument Add. City of Bozeman Standard Drawing No. 02529-5, Driveway Approach With Sidewalk Adjacent to Curb . Add. City of Bozeman Standard Drawing No. 02529-78, Curb Walk Alley Approach Arid; City of Bozeman Standard Drawings No. 02529-8,Pedestrian Ramp Add. City of Bozeman Standard Drawings No. 02529-8A,Blended Transition Pedestrian Ramp Add. City of Bozenian and ard Dravding No.02529=11 1,Residential Driveway Approach Add. City of Bozeman Standard Drawing No. 02529-12, Non-Residential Driveway Approach. Add. City of Bozeman Standard Drawing No. 02529-13, Non-Residential Driveway Approach for Arterial Streets. Add. City of Bozeman Standard Drawing No. 02529-14, Concrete Storm Drainage Outlet and Inlet Chases Acid. City of Bozeman Standard Drawing No. 02529-15,Publicly-Maintained Sidewalk Add. City of Bozeman Standard Drawing No, 02529-15,Asphalt Pathway Typical Section Add. City of Bozeman Standard Drawing No. 02529-17, Concrete Class 1 Trail Add. City of Bozeman Standard Drawing No. 02529-18, Class 2 Trail 2.4 GRAVEL BASE MATERIAL Add the folio wing. B. Washed rock material meeting the following Table of Gradations may be used as base material. COBMODS 6hEdition Page-I-of2 SECTION 02529 Table of Gradations-Washed Rock Base Material Percentage by Weight Passing Square Mesh Sieves Sieve Size %Passim 1� 100 3/4" 90-100 3/8" 10-55 No. 4 0-10 2.5 CURING AND PROTECTIVE COATING MATERIALS Add the following requirement: C. The curing compound used on colored concrete shall be a high solid acrylic cure, Day/Chem Aggre-Gloss J-25(manufactured by Dayton Superior)or approved equal. 3.8 JOINTS. C. Revise this section as follows: Divide sidewalk into sections using contraction joints formed by a j ointing tool or other approved methods. Extend the contraction joints into the concrete for at least one-fourth its depth and make the joints approximately 1/8 inch wide. Unless otherwise directed, space contraction joints at maximum 10-foot intervals or a distance equal to the sidewalk width,whichever is less. In continuous sidewalk runs,install expansion joints at the location of a regular contraction joint, if the distance between expansion joints does not exceed 25 feet. 3.11 MISCELLANEOUS NEW CONCRETE CONSTRUCTION Add the following requirement: B. Construct all curb ramps with detectable warning surfaces in confor_rnance with the requirements of the Americans with Disabilities Act Accessibility Guidelines {ADAAG). Detectable warning plates shall be either cast iron or ductile iron. COBMODS 6`h Edition Page-2-of 2 SECTION 02529 1 Add tree following new section: SECTION 098 i 0 STREET SIGNS PART I a GENERAL 1.1 DESCRIPTION A. This section is furnishing,fabrication,installation and the removing and resetting of signs in accordance with these and other specifications,the Standard Drwwings,and in the location as shown on the plans or as directed by the Engineer. 1.2 REFERENCES MUTCD Manual on Uniform Traffic Control Devices 1.3 STANDARD DRAWINGS Standard Drawings in Appendix C applicable to this section are as follows: City of Bozeman Standard Drawing No. 09810-1, Sign Installation Standards City of Bozeman Standard Drawing No. 09810-2,Dead End Barricade City of Bozeman Standard Drawing No. 09810-3, Standard Street Marker Sign Location 1.4 DEFINITIONS A. The following definitions define the signing work to be clone when the respective terms are used in the ContraLt. 1. NEW Signs designated "Neva" are to be furnished nevr and erected at t1-0e locations specified. 2. REUSE Signs designated"Reuse"are to be removed from the existing post or posts and remounted on anew post or posts at the locations specified, 3. REPLACE Signs designated "Retblace" are to be_removed and replaced wifa the specified "New" standard signs, including new post or posts, at the existing or specified new locations. 4, RESET Signs designated"Reset"are to be removed and reset at the locations specified using the existing sign faces and supports. 5. REMOVE Signs designated"Remove" are to be removed,to include the sign or sign assembly and sign supports, CO13MODS dh Edition Page-1 -of 4 SECTION 09810 PART 2 -PRODUCTS 2.1 POSTS A. Use 2" perforated square tube 14 gauge galvanized steel posts for all sign posts unless otherwise specified on the plans. Use Telspar or approved equal sign posts. Anchor posts as shown on Standard Drawing 09810-1. 2.2 STREET NAME MARKER SIGNS A. Provide street marker(D-3)signs which meet all applicable MUTCD Standards.For publicly-maintained streets,use white lettering on a greenbackground.For privately- maintained streets, use white lettering on a blue background. For ground-mounted signs,furnish 9"flat-blade aluminum signblanks, 0.08 inches thick. Provide a 114" white border around the edge of the sign. Use white Highway Font letters for the street name. Lettering for street names shall be mixed-case consisting of an initial upper-case letter followed by lower-case letters. Letter height is specified as the height of the initial upper-case letter. The nominal loop height of the lower-case letters shall be 3/4 the height of the initial upper-case letter. Street names shall have 6 inch letters, and 3 inch letters for street abbreviations or city sections (e.g. Street, Avenue,Road). Attach signs back to back on signpost with two 3/8" drive rivets with 1" backing washers. For overhead signs, blank and letter sizes shall be determined by engineering design and shall meet the requirements of the MUTCD. 2.3 PWOULAI'O Y, WARNING, CONSTRUCTION,AND GUIDE SIGNS A. Assure that all signs meet applicable MUTCD Standards. Furnish construction grade aluminum sign blanks,0.08 inches thick. Attach signs to the posts with a minimum of two 3/8" drive rivets with backing washers.Far signs smaller than 18"x18",use 3/8"x 1"washers; for larger signs use 3/8"x 1.5"washers. 2.4 SIGNPOST FOUNDATION SLEEVES A. Furnish 2V4"non-perforated 12 gauge galvanized steel square tube foundation sleeves for all sign posts. Use"Telspar Quik Punch" or approved equal. Install sleeves in concrete anchor as shown on Standard Drawing 09810-1. 2.5 REFLECTIVE S ETING A, Reflective sheeting for signs shall be Type IV{"High Intensity Prismatic")or better. COSMODS dh Edition Page-2-of 4 SECTION 09810 PART 3 -EXECUTION 3.1 SIGN INSTALLATION A. Assure that all signs are installed according to MUTCD Standards. Locate signs where shown on the plans or as directed by the Engineer. Assure that signs are installed plumb, at the correct height, and with the edge of the sign a minimum of two feet from the face of the curb or edge of pavement. 3.2 SIGN REMOVAL 0D P.EPLACEffidT A. As directed by the Engineer, salvage existing signs designated to be removed or replaced to the site specified by the City of Bozeman. Properly dispose of all signs designated for removal or replacement which have not been designated for salvage. PAS 1 4 -TME+ASURENWNT1 AND PAYMENT 4.1 GENERAL A. The following are pay items for the work covered under this section. Payment for these items is full compensation for providing all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto, whether specifically mentioned herein or not. 1.NEW SIGNS Measurement of signs is per each sign installed. Payment for signs is made at the contract unit rice bid per each sign installed, which includes b p p g furnishing and installing sign posts and sign faces and all other work necessary or a ��i r_ 7_��___ ft _ t G hici _LLAI.Lill villl�pletltlll Ol LING iLeril. i' P, 2. REUSE SIGNS Measurement of signs is per each sign installed. Payment for signs is at the contract unit price bid per each sign reused. Such price or prices and payment will be full compensation for furnishing and erecting the new sign supports and remounting the sign, removing and disposing of the existing sign supports,and baeZlling of removal sites. 3, REPLACE SIGNS e—asibrement of Signs is nor each sign replaced. Payment for signs is at the contract unit price bid per each sign replaced. Such price or prices and payment will be fall compensation for removing and disposing of the existing sign and furnishing and erecting the new sign supports and sign faces. 4. RESET SIGNS Measurement of signs is per each sign reset. Payment will be made at the contract unit price bid per each sign reset. Such price and payment will be fall compensation far all work and materials including dismantling and removal, resetting, furnishing and installing break away devices (if required), breakdown of COSMODS dh Edition Page-3-of 4 SECTION 09810 foundation material and backfill of removal sites, and all incidentals necessary to complete the work. When not provided for in the contract, reset signs will not be paid for directly but will be considered incidental to and included in payment for other items in the contract. 5. REMOVE SIGNS Measurement of signs is per each sign removed. Payment will be made at the contract unit price bid per each sign removed. 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SIDEWALK CLOSED 2A"X,18" R9-11(R) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIGN WORK SITE TRAFFIC DRUMS OR CONE CITY OF BOZEMAN SCALE: PEDESTRIAN TRAFFIC NO. 01570-7 NONE CONTROL FOR TEMPORARY FEB 2007 STANDARD DRAWING SIDEWALK CLOSURE l 5' . e �. 5 .2% i i ® J4 I 11 I R9-9 ® SIDEWALK CLOSED TEMPORARY ACCESS • P RAMP ADEQUATELY SUPPORTED - — I e e e FENCING i e i . FENCING ! SIDEWALK •.� CLOSED R9-9 MUST MAINTAIN 4' CLEAR AREA BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF FENCING AS SHOWN MAY USED OBSTRUCTIONS i FOR SHORT TERM (LESS THAN 30 DAYS) INSTALLATION. MORE APPROPRIATE TRAFFIC PERMANENT STRUCTURES WILL BE CONTROL PLAN MUST BE I REQUIRED FOR LONGER TERM. USED FOR LANE CLOSURES - A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) CITY OF BOZEMAN SCALE: SIDEWALK CLOSURE NO. 01570®$ STANDARD DRAWING NONE WITH FEB 2007 DETOUR 5.4" (0.45') 24" 9' 2" a T(nPL4 ° 3"R .5") 4„R 4 3/4"TO PER 1' SLOPE 4 ' �d \// a ° 4 A. 4° 6" 7.5" „ °• a: � .• .d . . 4<.4. d ad. O O 0if O O O O O O O O O O O O 0,0 O 0 CRUSHED GRAVEL O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O BASE - 3" MIN. 0000000000000000000000000000000 SUB—BASE COURSE AS REQUIRED \//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//\\//i�//i\//i�i COMPACTED SUBGRADE 0.5" 15 3�4" PER 1' SLOPE "_3 4" PER 1' SLOPE 1 2" PER 1' SLOPE -_... 6" 9.5—►� s.s" DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDESTRIAN RAMPS SPILL CURB NOTES: 1. Subgrade or base course compaction shall conform to section 02230 (M.P.W. Specs., 1996 ed.) 2. Contraction joints shall be placed at 10' intervals and shall have a minimum depth of 3/4" and minimum.width of 1/8". 3. 1/2" expansion joint material shall be placed at all P.C.s, P.T.s, curb returns and at not more than 300' intervals. The expansion material shall extend through the full depth of the curb and gutter. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000, 6. Crushed gravel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ed.) For curb and gutter replacement projects, washed rock may be used for the gravel base. CITY OF BOZEMAN SCALE: INTEGRAL CONCRETE NO. 02528® 1 STANDARD DRAWING NONE CURB & GUTTER Revised Mar. 2006 6' — 0" F *1.5„ » a 7 *Depth will vary proportionately with width of cross drain 3" GRAVEL 3' CROSS DRAIN CONTROL JOINT — SEAL WITH BITUMINOUS JOINT SEALER EXPANSION JOINT 6» 8 10" EXTEND EXPANSION TUBES 3/4" PAST END OF STEEL DOWEL TO ALLOW FOR EXPANSION (IF DOWELS ARE USED) FILLET TO BE PLACED ON 3" COMPACTED GRAVEL BASE OR STREET BASE, WHICHEVER IS GREATER. CONCRETE TO BE EXPANSION JOINT AT 6" DEPTH FROM P.C. (TYP.) FACE OF CURB TO STREET 15' R (TYP.) i 3/4" STEEL DOWELS (OPTIONAL) CITY OF BOZEMAN SCALE: STANDARD FILLET NO. 02529-2 NONE AUG. 1994 STANDARD DRAWING d I R = 15' BACK OF CURB 4 e PT da d Be •d. e.° ° X EXPANSION 1' (TYP.) DOWEL WITH 24" NO.5 'd r REBAR 3" INTO BACK o < Q.d ll JOINTS OF CURB, 3' CLEAR < ry R e ° e.. e° a .O. .° d' A ..°.. 27 MAX. O. 'A e Q .' . . � A. Q a 5b°°° °• SIDEWALKI M 1;20 MAX. e 5' SIDEWALK (TYP,) o oo es a eeee 24'•' Mm d e a 4 ° ° •.q ° 4.": e• eo es bbd 'e SCALE: f" =5' e e o s o s e o e s e e • a e o OWEL C o 5 1/2' BLVD. (TYP.) a 6" THICK CONCRETE SURFACE RAMPS TO BE CONSTRUCTED WITH DETECTABLE �EXPANSION Flow line WARNING SURFACES COMPLYING WITH ADM JOINT COVERING THE ENTIRE WIDTH OF THE RAMPS`. ONE COR14ER OF THE DETECTABLE WARNING MUST BE WITHIN 8 OF GUTER FLOW LINE; NO OTHER POINT ON THE MORENTHAN b'OF THE THE FLOWBLIN WARNING STORM DRAIN INLET (TYPICAL. LOCATION) REINFORCE CONCRETE IN RAMPS WITH FIBERMESH°'AT A RATE IF 1 1/2 lbs./C.Y. OR WITH 6x6x10 GAUGE WIRE MESH 12 5'-0" � 1 Ii TRANSITION TO NORMAL SIDEWALK TOP OF CURB ELEVATION. DISTANCE VARIES. SIDEWALK 5' SIDEWALK 5.5„ NO LIP 5 5>' VARIES LANDING FLOW LINE SECTION B-B NO LIP 9.5" NO SCALE 6u CURB RD 2 1/2° DEPRESSED CURB SECTION SIDEWALK LANDING 6" 6" CONCRETE 3' G VEL BASE (TYP.) RAMP SECTION A-A NO SCALE SECTION C-C CONSTRUCTION NOTES: I NO SCALE 1. Standard applies to new construction, with max. curb R=15', and min. 5.5' boulevards. 2. Ramp and curb can be poured monolithically. 3. Storm drain inlets shall be constructed "upstream" of ramps. Alternative locations permitted only upon City Engineer's approval. 4. Ramp width shall be 5' minimum. 5. Sidewalk cross—slopes shall not exceed 2%. BOULEVARD SIDEWALK NO, 02529-8 CITY OF BOZEMAN SCALE: PERPENDICULAR ,9r AS SHOWN PEDESTRIAN RAMP STANDARD DRAWING NOV> i ��� (15' MAX. RADIUS/5.5' MIN. BOULEVARD) Revised April 2006 USE BLENDED TRANSITION RAMP WHERE ¢ LIMITATIONS DUE TO BOULEVARD WIDTH, I RIGHT-OF-WAY,CURB RADIUS,OR INTERSECTION ANGLE PREVENT THE USE OF STANDARD RAMPS PER C.O.B STANDARD DRAWING 02529-8 �1 DETECTABLE WARNING TO BE A MINIMUM OF 4' WIDE,CENTERED ON THE CROSSWALK(S). 41 �� wS� 000000 000000° EXPANSIONJOINT 000°O°0 o 0 00 O0 0 0 0 00000° o 'h 12 MAX SIDEWALK XXX Drop Curb 0000 N ® 00 0 0 Curb Transition j 00000 2%MAx oTN EXPANSION JOINT ~ LENGTH AS REQUIRED TO MATCH _ STANDARD SIDEWALK GRADE w Q i I Landing Ramp No Lip 5'Min 14 Varies Sidewalk z%MAX •,...•:. 3"Gravel Base(Typ.) I--4"Concrete 6"Concrete Reinforced with 1.5 lbs. Fibermesh/C.Y.or 6x6x10 Gauge Wire Mesh SECTION A-A Not to Scale CITY OF BOZEMAN SCALE: BLENDED TRANSITION NO. 02529-8A STANDARD DRAWING NOT TO SCALE PEDESTRIAN RAMP MAR 2014 �W mom >w Z g 0 w ca� ��z O `H?� N� aO X O ga a- m m QOo SU a qN:2o w W Y N mzoo a V tz F FS-OMi Q W N W 0 (n J W S W S 0 Z W z a (n 0- W O J AQ w O - m N >�o }Q}.. Li a S N 3 0 � �9� m =1-z � wow ~Q O z ma} 7Q oz W U U� O tr 0J� W Ld o � Z, ow a'k'� �0 m0 �W 0H a- d w Ho aw uj Ld o O C12 Of �Umm ON m� =3 0 U)F-OW LU JU JJ} Q ZOS� COO ,� O Q N J W �O zW= V,N Q:O o0Z w Ld S w 0 Wn �ia W: J 3w �-Q D o zw o Sg O0 OU z zi a� Qm ¢w o.=Q N V) M((n O Ld J W O S r� CITY OF BOZEMAN SCALE: ASPHALT PATHWAY NO. 02529-16 STANDARD DRAWING NONE TYPICAL SECTION JAN. 2006 HINGE DETAIL 3" x 3" x 1/2" ANGLE IRON 1" DIA. STEEL BOLTS WELD PIPE TO FLAT IRON 3" DIA. STEEL PIPE RCP (SIZE VARIES) #5 REBAR OR SMOOTH BAR PIPE HINGE SIZE VARIES (SEE DETAIL) 4" MAX. SPACING BETWEEN BARS PLAN VIEW NOTE: RACK TO BE PAINTED ALUMINUM COLOR 4" x 1/4" FLAT IRON, ALL BARS WELDED TO i 3" x 3" x 1/4" ANGLE IRON WELDED TO EACH BAR I 3" x 1/4" FLAT IRON I WELDED TO EACH BAR is 4' BOTTOM OF RACK NOT FIXED TO INVERT SECTION VIEW CITY OF BOZEMAN SCALE- STORM DRAIN NO. 02720-11 STANDARD DRAPING NONE DEBRIS PACK DEC. 2003 FLAT BLADE STREET NAME REGULATORY SIGN BLANK AS PER SIGN BLANKS SEE SECTION MUTCD STANDARDS, SIZE AS MOUNTED BACK TO SPECIFIED ON PLANS BACK ON POST \ 09810 2.2 FOR SIGN SIZES Wi ON A _ 2' MIN. 2---� MIN. 0' 2" PREFORATED SQUARE TUBE POST (TELSPAR OR APPROVED EQUAL) 7' MIN. W ATTACH SIGNS TO POST WITH 3/$" DRIVE RIVETS (MIN. 2 PER SIGN) STREET MARKER SIGN REGULATORY SIGN 2" PREFORATED SQUARE TUBE { o POST (14 GAUGE} a FASTEN FIOSI TO SLEEVE WHH �Yj5" CORNER BOLL (A325) 1 v" ABOVE FINISH GRAGE, INSERT BOLT FINISH GRADE i' o HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT. Y INSERT DRIVE RIVET INTO OPPOSITE SIDE. Nk 14" 2 Y4" X 30" 12 GAUGE NON—PREFORATED �.':;• SQUARE TUBE SIGN POST SLEEVE (TELSPAR "QUIK PUNCH" OR APPROVED EQUAL) ALL SLEEVES AND SIGN 24" POSTS SHALL BE INSTALLED INSERT SIGN POST 18" INTO SLEEVE PLUMB. M-4000 CONCRETE ANCHOR 9" SIGN POST FOUNDATION DETAIL CITY OF BOZEMAN SCALE; SIGN INSTALLATION NO. 09810-a-1 STANDARD i; AT�TING NONE STANDARDS AUG. 1994 Revised 8/2002 CROSSWALK � STREET 9'TYP. MARKER SIGN 5' 2' MIN CLEARANCE FROM FACE OF CURB TO EDGE— OF SIGN I i c CITY OF BOZEMAN SCALE: TYPICAL STREETN®, 0981 ®4 STANDARD DRAWING NONE MARKER SIGN Sept. 2002 LOCATION r