Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
BID DOCUMENTS -19-00479 - 12th W & Hwy 33 - SITE PLAN
BID DOCUMENTS 12th West Properties Rexburg West, Division No.1 Infrastructure: Roads, Utilities, and Striping and Signing CONTRACT DOCUMENTS AND SPECIFICATIONS Project Number 01-19-0006 May 2020 Brent E. Crowther 05-21-2020 BID DOCUMENTS 12th West Properties Rexburg West, Division No.1 Infrastructure: Roads, Utilities, and Striping and Signing OWNER: 12th West Properties 127 E Main St, Suite #A5 Rexburg, ID 83440 208-351-0805 ENGINEER: Civilize, PLLC. 3853 W. Mountain View Dr. Rexburg, Idaho 83440 208-351-2824 Civilize Project No. 01-19-0006 TABLE OF CONTENTS TOC-1 01-19-0006 (REXBURG WEST) SECTION TITLE ADDENDUMS PINK ADVERTISEMENT FOR BIDS WHITE INSTRUCTIONS TO BIDDERS GOLDENROD BID DOCUMENTS YELLOW BID FORM BID BOND (PENAL SUM FORM) CONTRACTOR GENERAL INFORMATION LIST OF SUBCONTRACTORS CONTRACT DOCUMENTS WHITE NOTICE OF AWARD AGREEMENT BETWEEN OWNER AND CONTRACTOR STIPULATED PRICE PERFORMANCE BOND PAYMENT BOND NOTICE TO PROCEED APPLICATION FOR PAYMENT CERTIFICATION OF SUBSTANTIAL COMPLETION GENERAL CONDITIONS GRAY SUPPLEMENTARY CONDITIONS BLUE CONTRACT CHANGE DOCUMENTS WHITE WORK CHANGE DIRECTIVE CHANGE ORDER FIELD ORDER AGENCY SUPPLEMENTAL GENERAL CONDITIONS GREEN EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECTS HEAVY WAGE DECISION REQUIREMENTS FOR AFFIRMATIVE ACTION (EEO) CERTIFICATION REGARDING LOBBYING TECHNICAL SPECIFICATIONS YELLOW TABLE OF CONTENTS TOC-2 01-19-0006 (REXBURG WEST) DIVISION 1 - GENERAL REQUIREMENTS 01010 SUMMARY OF PROJECT 01025 MEASUREMENT AND PAYMENT 01041 PROJECT COORDINATION 01050 FIELD ENGINEERING 01051 OWNER PROVIDED FIELD ENGINEERING 01060 SPECIAL CONDITIONS 01070 ABBREVIATIONS 01300 SUBMITTALS 01300-A SHOP DRAWING TRANSMITTAL - EXHIBIT A 01300-B OPERATION AND MAINTENANCE TRANSMITTAL - EXHIBIT B 01400 QUALITY CONTROL 01500 CONSTRUCTION FACILITIES 01505 MOBILIZATION 01560 ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS 01600 PROTECTION AND RESTORATION OF EXISTING FACILITIES 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 01640 PRODUCT DELIVERY, STORAGE AND HANDLING 01700 PROJECT CLOSEOUT 01710 CLEANING ADVERTISEMENT FOR BIDS PAGE 1 OF 2 ADVERTISEMENT FOR BIDS 01-19-0006 (REXBURG WEST) 12th West Properties Rexburg West, Division No. 1 RECEIPT OF BIDS: Sealed Bids for construction of the Rexburg West, Division No. 1 will be received by the 12th West Properties, at the office of the 12th West properties located at 127 E Main St, Suite #A5, Rexburg, ID 83440, until 4 pm local time on June 19, 2020. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis, with deductive alternate bid items as indicated in the Bid Form. DESCRIPTION OF WORK: The Project consists of furnishing and constructing widened roadways on Main Street and 12th West, hardscape for interior roadways, public utilities, grading and drainage, private utilities, street lighting, signing and striping. OBTAINING CONTRACT DOCUMENTS: The Issuing Office for the Bidding Documents is: Civilize PLLC. 3853 W. Mountain View Dr. Rexburg, Idaho 83440 (208) 351-2824 Prospective Bidders may examine the Bidding Documents at the Owner’s Office during regular business hours and may obtain copies of the Bidding Documents from the Owner’s Office as described below. Bidding Documents also may be examined at the Issuing office during regular business hours. Printed copies of the Bidding Documents may be obtained in person from the Owner’s Office, during the hours indicated above, upon payment of a deposit of $50 for each set. Checks for Bidding Documents shall be payable to “Civilize, PLLC”. Cost of Bidding Documents and shipping is non-refundable. Alternatively, upon Issuing Office’s receipt of payment, printed Bidding Documents will be sent via the prospective Bidder’s delivery method of choice; the shipping charge will depend on the shipping method chosen. The date that the Bidding Documents are transmitted by the Issuing O ffice will be considered the Bidder’s date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office. PRE-BID CONFERENCE: A pre-bid conference will not be held. Contractors may send written questions to bcrowther@civilize.design up until June 17, 2020 and may contact the Engineer regarding site inspection. . BID SECURITY: Each proposal must be submitted on the prescribed form and accompanied by Bid Security in the form of a certified cashier's check or a corporate bid bond executed on the prescribed form, payable to the 12th West Properties in the amount of five percent (5%) of the amount bid. The Successful BIDDER will be required to furnish Performance and Payment Bonds in the form of a US Treasury surety as listed in Circular 570, each in the amount not less than 100% of the contract price, ADDRESS AND MARKING OF BID: The envelope enclosing the bid shall be sealed and addressed to the 12th West Properties and delivered or mailed to 12th West Properties, 127 E Main Street, Suite #A5, Rexburg, ID 83440. The envelope shall be plainly marked in the upper left-hand corner with the name and address of the bidder and shall bear the words "Bid for," followed by the Project title per the Contract Documents and the date and hour of opening of bids. The certified or cashier’s check, money order, or bidder's bond shall be enclosed in the same envelope with the bid. Refer to “Instructions to Bidders” for additional submittal requirements. LABOR REQUIREMENTS: The attention of Bidders is directed to the applicable federal and state requirements regarding conditions of employment to be observed. PROJECT ADMINISTRATION: All questions relative to this project prior to the opening of bids shall be directed to the ENGINEER for the project, and all questions shall be in writing. ADVERTISEMENT FOR BIDS PAGE 2 OF 2 ADVERTISEMENT FOR BIDS 01-19-0006 (REXBURG WEST) + + END OF ADVERTISEMENT FOR BIDS + + INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 1 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) SUGGESTED INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page Article 1 – Defined Terms .................................................................................................................................................................... 1 Article 2 – Copies of Bidding Documents ........................................................................................................................................... 1 Article 3 – Qualifications of Bidders .................................................................................................................................................... 1 Article 4 – Examination of Bidding Documents, Other Related Data, and Site ................................................................................. 1 Article 5 – Pre-Bid Conference ............................................................................................................................................................ 3 Article 6 – Site and Other Areas ........................................................................................................................................................... 3 Article 7 – Interpretations and Addenda .............................................................................................................................................. 3 Article 8 – Bid Security ........................................................................................................................................................................ 4 Article 9 – Contract Times ................................................................................................................................................................... 4 Article 10 – Liquidated Damages ......................................................................................................................................................... 4 Article 11 – Substitute and “Or-Equal” Items ...................................................................................................................................... 4 Article 12 – Subcontractors, Suppliers and Others .............................................................................................................................. 4 Article 13 – Preparation of Bid ............................................................................................................................................................. 5 Article 14 – Basis of Bid; Comparison of Bids .................................................................................................................................... 6 Article 15 – Submittal of Bid................................................................................................................................................................ 6 Article 16 – Modification and Withdrawal of Bid ............................................................................................................................... 6 Article 17 – Opening of Bids ................................................................................................................................................................ 7 Article 18 – Bids to Remain Subject to Acceptance ............................................................................................................................ 7 Article 19 – Evaluation of Bids and Award of Contract ...................................................................................................................... 7 Article 20 – Contract Security and Insurance ...................................................................................................................................... 7 Article 21 – Signing of Agreement ...................................................................................................................................................... 7 Article 22 – Sales and Use Taxes ......................................................................................................................................................... 8 Article 23 – Retainage .......................................................................................................................................................................... 8 Article 24 – Contracts to be Assigned .................................................................................................................................................. 8 Article 25 – Partnering .......................................................................................................................................................................... 8 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 2 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) TABLE OF ARTICLES (Alphabetical by Subject) Subject Page Award of Contract ..................................................................................................................................................................... 13 Basis of Bid; Comparison of Bids ............................................................................................................................................. 10 Bid Security ................................................................................................................................................................................. 6 Bids to Remain Subject to Acceptance ...................................................................................................................................... 13 Contract Security and Insurance ................................................................................................................................................ 14 Contract Times............................................................................................................................................................................. 7 Contracts to be Assigned ........................................................................................................................................................... 15 Copies of Bidding Documents ..................................................................................................................................................... 2 Defined Terms ............................................................................................................................................................................. 5 Evaluation of Bids ..................................................................................................................................................................... 13 Examination of Bidding Documents, Other Related Data, and Site ............................................................................................ 3 Interpretations and Addenda ........................................................................................................................................................ 6 Liquidated Damages .................................................................................................................................................................... 8 Modification and Withdrawal of Bid ......................................................................................................................................... 12 Opening of Bids ......................................................................................................................................................................... 12 Partnering ................................................................................................................................................................................... 15 Pre-Bid Conference ..................................................................................................................................................................... 6 Preparation of Bid ...................................................................................................................................................................... 10 Qualifications of Bidders ............................................................................................................................................................. 2 Retainage ................................................................................................................................................................................... 15 Sales and Use Taxes .................................................................................................................................................................. 15 Signing of Agreement ................................................................................................................................................................ 14 Site and Other Areas .................................................................................................................................................................... 6 Subcontractors, Suppliers, and Others ......................................................................................................................................... 8 Submittal of Bid ......................................................................................................................................................................... 12 Substitute and ”Or-Equal” Items ................................................................................................................................................. 8 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 1 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) ARTICLE 1 – DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office – The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ARTICLE 2 – COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the sum stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. The payment will not be refunded for return of Bidding Documents. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 2.04 Complete sets of bidding documents may be examined at the following locations: a) Civilize, PLLC, 3853 W. Mountain View Drive, Rexburg, Idaho 83440 b) ECIPDA, 299 E 4th N, Rexburg, ID 83440 2.05 Copies of the bidding documents may be obtained at the office of the Owner, located at 299 E 4th N, Rexburg, ID 83440 upon payment of $50.00 for each set, none of which is eligible for refund. The payment shall be made to Civilize, PLLC. ARTICLE 3 – QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, within five days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Financial Data - Bonds B. Present Commitments ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 2 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Si te, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be withi n the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorat ions, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 3 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 – PRE-BID CONFERENCE 5.01 A pre-bid conference will not be held. Contractors may send written questions to bcrowther@civilize.design up until June 17, 2020 and may contact the Engineer regarding site inspection. .Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising from the written questions. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 – SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 – INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 4 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effe ct. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 – BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check or bank money order or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bi d security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 – CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 – LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or des cribed in the Bidding Documents, or those substitute or “or-equal” materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or -equal” item. No item of material or equipment will be considered by Engineer as a substitute or “or -equal” unless written request for approval has been submitted by Bidder and has been received by Engineer at least 10 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investig ation, has reasonable objection to any INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 5 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Suppl ier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 – PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice -president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature. 13.06 A Bid by an individual shall show the Bidder’s name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form. INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 6 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. 14.03 Bid prices will be compared after adjusting fo r differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9. ARTICLE 15 – SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be co mpleted and submitted with the Bid security and the following data: A. Public Works License documentation. B. List of Subcontractors with Public Works License documentation if applicable. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope pl ainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to 12th West Properties. ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID 16.01 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. 16.02 If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Owner and pro mptly 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, that Bidder will be disqualified from further bidding on the Work. INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 7 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) ARTICLE 17 – OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 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 not be 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. Owner also reserves the right to waive all informalities not involving price, time, or c hanges in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed req uirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 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, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 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. 19.06 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. ARTICLE 20 – CONTRACT SECURITY AND INSURANCE 20.01 Article 2 and Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. Each proposal must be submitted on the prescribed form and accompanied by Bid Security in the form of a certified cashier's check or a corporate bid bond executed on the prescribed form in the amount of five percent (5%) of the amount bid. The Successful BIDDER will be required to furnish Performance and Payment Bonds in the form of a US Treasury surety as listed in Circular 570, each in the amount not less than 100% of the contract price . When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 – SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS PAGE 8 OF 10 EJCDC NO. C-200 INSTRUCTION TO BIDDERS FOR CONSTRUCTION CONTRACTS 01-18-0004 (FORD GARAGE SITE REDEVELOPMENT) one fully signed counterpart to Successful Bidd er with a complete set of the Drawings with appropriate identification. ARTICLE 22 – SALES AND USE TAXES 22.01 Owner is not exempt from Idaho state sales and use taxes on materials and equipment to be incorpor ated in the Work. Said taxes shall be included in the Bid. Refer to Paragraph SC-6.10 of the Supplementary Conditions for additional information. ARTICLE 23 – RETAINAGE 23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 24 – PREVAILING WAGE RATES 24.01 As Federal Funds are NOT utilized in this project, statutes concerning payment of prevailing wage rates as established by the U.S. Department of Labor or other Federal agencies DO NOT apply to the bid. BID FORM PAGE 1 OF 8 EJCDC NO. C-410 BID FORM FOR CONSTRUCTION CONTRACTS 01-19-0006 (REXBURG WEST) BID FORM 12th West Properties Rexburg West, Division No. 1 01-19-0006 TABLE OF ARTICLES Page Article 1 – Bid Recipient ...................................................................................................................................................................... 2 Article 2 – Bidder’s Acknowledgements ............................................................................................................................................. 2 Article 3 – Bidder’s Representations .................................................................................................................................................... 2 Article 4 – Further Representations ...................................................................................................................................................... 3 Article 5 – Basis of Bid ......................................................................................................................................................................... 3 Article 6 – Time of Completion ........................................................................................................................................................... 4 Article 7 – Attachments To This Bid ................................................................................................................................................... 4 Article 8 – Defined Terms .................................................................................................................................................................... 4 Article 9 – Bid Submittal ...................................................................................................................................................................... 4 BID FORM PAGE 2 OF 6 EJCDC NO. C-410 BID FORM FOR CONSTRUCTION CONTRACTS 01-19-0006 (REXBURG WEST) ARTICLE 1 – BID RECIPIENT 1.01 This Bid is submitted to: 12th West Properties 127 E Main St, Suite #A5 Rexburg, ID 83440 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 – BIDDER’S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged. Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in SC-5.04, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-5.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. BID FORM PAGE 3 OF 6 EJCDC NO. C-410 BID FORM FOR CONSTRUCTION CONTRACTS 01-19-0006 (REXBURG WEST) H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. ARTICLE 4 – FURTHER REPRESENTATIONS 4.01 Bidder further represents that: A. this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. ARTICLE 5 – BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): 5.02 Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions. 5.03 Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. The bids will be evaluated based on the total construction cost. Write total construction cost bid out in long form (not numerals/digits) Item Description Amount Bid Schedule A – Internal Infrastructure (Fire Hole Drive, Sawtelle Aveneue, Pahsimeroi Boulevard) $ Bid Schedule B – 12th West $ Bid Schedule A – Hwy. 33 / Main Street $ Total Construction Cost $ BID FORM PAGE 4 OF 6 EJCDC NO. C-410 BID FORM FOR CONSTRUCTION CONTRACTS 01-19-0006 (REXBURG WEST) A. For detailed bid form, see pages at the end of this section. The itemized bid form must be completed for the bid to be considered and valid. ARTICLE 6 – TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete within 120 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions within 150 calendar days after the date when the Contract Times commence to run. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. ARTICLE 7 – ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of Bid Bond B. List of Proposed Subcontractors C. List of Proposed Suppliers D. List of Project References E. Required Bidder Qualification Statement with Supporting Data F. Affidavit of Non-Collusion ARTICLE 8 – DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 – BID SUBMITTAL 9.01 This Bid submitted by: If Bidder is: An Individual Name (typed or printed): ________________________________________________________________ By: _________________________________________________________________________________ (SEAL) (Individual’s signature) Doing business as: _____________________________________________________________________ A Partnership Partnership Name: _____________________________________________________________________ (SEAL) By: _________________________________________________________________________________ (Signature of general partner – attach evidence of authority to sign) Name (typed or printed): ________________________________________________________________ BID FORM PAGE 5 OF 6 EJCDC NO. C-410 BID FORM FOR CONSTRUCTION CONTRACTS 01-19-0006 (REXBURG WEST) A Corporation Corporation Name: _____________________________________________________________________ (SEAL) State of Incorporation: ___________________ Type (General Business, Professional, Service, Limited Liability): ________________________________ By: _________________________________________________________________________________ (Signature – attach evidence of authority to sign) Name (typed or printed): ________________________________________________________________ Title: ________________________________________________________________________________ (CORPORATE SEAL) Attest: _______________________________________________________________________________ (Signature of Corporate Secretary) Date of Qualification to do business in ________________ [State Where Project is Located] is ____\____\____. A Joint Venture Name of Joint Venturer: _________________________________________________________________ First Joint Venturer Name: _______________________________________________________________ (SEAL) By: _________________________________________________________________________________ (Signature of first joint venture partner – attach evidence of authority to sign) Name (typed or printed): ________________________________________________________________ Title: ________________________________________________________________________________ Second Joint Venturer Name: _____________________________________________________________ (SEAL) By: _________________________________________________________________________________ (Signature of second joint venture partner – attach evidence of authority to sign) Name (typed or printed): ________________________________________________________________ Title: ________________________________________________________________________________ (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Bidder’s Business address: _______________________________________________________________ _____________________________________________________________________________________ Phone: ________________________________ Facsimile: ___________________________________ Submitted on ______________________________, 20_____. State Contractor License No. ________________. (If applicable) BID FORM PAGE 6 OF 6 EJCDC NO. C-410 BID FORM FOR CONSTRUCTION CONTRACTS 01-19-0006 (REXBURG WEST) ENGINEER'S OPINION OF PROBABLE COST Rexburg West Schedule A Summary Internal Infrastructure (Fire Hole, Sawtelle, Pahsimeroi) Project No.01-19-0006 Project:Rexburg West Date: 28-May-20 Client:12th West Development/Mitch Neibaur Prepared by: BEC LINE NO. DIVISION ITEM DESCRIPTION QTY.UNIT UNIT PRICE TOTAL PRICE CONSTRUCTION COSTS 1 0 - Bidding Mobilization, Bonding, Insurance, Bidding, Etc.1 LS -$ 2 1 - General Submittals (Shop Drawings, O&M Manuals), Project Coordination, Project Management1LS -$ 3 1 - General Construction Facilities and Temporary Controls - Utilities, etc.1 LS -$ 4 1 - General Environmental Protection & Special Controls - Solid Waste, Dust, Fuel 1 LS -$ SUBTOTAL ROADWAY 5 2- Site Const.Clearing and Grubbing 7,400 SY -$ 6 2- Site Const.Demolition - Removal of Obstructions 3 LS -$ 7 2- Site Const.Sawcut existing asphalt 0 LF -$ 8 2- Site Const.Excavation, City of Rexburg 1,230 CY -$ 9 2- Site Const.Furnish and Install Granular Borrow, City of Rexburg 2,100 CY -$ 10 2- Site Const.Geotextile Fabric, City of Rexburg 7,500 SY -$ 11 2- Site Const.Furnish and Install Granular Borrow Subgrade, City of Rexburg 3,750 CY -$ 12 2- Site Const.Furnish and Install 3/4" Aggregage Base Course, City of Rexburg 680 CY -$ 13 2- Site Const.Furnish and Install Hot Mix Asphalt Pavement, .City of Rexburg/ITD 6,030 Sq. Yds.-$ 14 2- Site Const.Furnish and Install 12' Walking Path, City of Rexburg standards 0 SF -$ 15 2- Site Const.Furnish anc install 5' sidewalk, ISPWC SD-709 21,300 SF -$ 16 2- Site Const.Furnish and install ribbon curb, modified ISPWC Type 1, 12" x 8"318 LF -$ 17 2- Site Const.Furnish and install curb & gutter, City of Rexburg standard 2.5' x 6"2,482 LF -$ 18 2- Site Const.Furnish and install curb & gutter, ITD Type 1, 2.5' x 6"248 LF -$ 19 2- Site Const.Furnish and install concrete crosspan/valley gutter 0 LF -$ 20 2- Site Const.Furnish and install ADA ramp per City of Rexburg/ITD 614-3 10 Each -$ 21 2- Site Const.Furnish and install sopsoil, hydroseeding, mulch 16,380 SF -$ 22 2- Site Const.Pavment Marking 1 LS -$ 23 2- Site Const.Furnish and install street signs 6 Each -$ 24 2- Site Const.Traffic Control 1 LS -$ -$ SUBTOTAL STORM DRAIN 25 2- Site Const.Furnish and install curb inlet & catch basin w/Neenah R-3067 grate 9 Each -$ 26 2- Site Const.Furnish and install 48" diameter manhole 5 Each -$ 27 2- Site Const.Furnish and install infiltrator system w/piping 210 LF -$ 28 2- Site Const.Furnish and install 12" diameter HDPE storm drain pipe 134 LF -$ 29 2- Site Const.Furnish and install ITD Type II curb inlet and catch basin 0 Each -$ 30 2- Site Const.Furnish and install ITD SD manhole type C w/appurtenances 0 Each -$ SUBTOTAL WATER 31 2- Site Const.Furnish and install 8" Class 350 DI pipe - 5' feet bury depth 1,427 LF -$ 32 2- Site Const.Furnish and install 8" x 12" Hot Tap 1 Each -$ 33 2- Site Const.Furnish and install 8" x 8" Ell 1 Each -$ 34 2- Site Const.Furnish and install 8" x 8" x 6" Tee 3 Each -$ 35 2- Site Const.Furnish and install 8" x 8" x 8" Tee 1 Each -$ 36 2- Site Const.Furnish and install 8" x 8" Cross 2 Each -$ 37 2- Site Const.Furnish and install meter box and setter - 3/4"0 Each -$ 38 2- Site Const.Furnish and install meter box and setter - 1 20 Each -$ 39 2- Site Const.Furnish and install meter box and setter - 2"0 Each -$ 40 2- Site Const.Furnish and install 6" valve and valve box with concrete collar 3 Each -$ 41 2- Site Const.Furnish and install 8" valve and valve box with concrete collar 10 Each -$ 42 2- Site Const. Furnish and Install New 3/4" Water Service Line with Excavation, Backfill, and Surface Repair 0 Each -$ 43 2- Site Const. Furnish and Install New 1" Water Service Line with Excavation, Backfill, and Surface Repair 20 Each -$ 44 2- Site Const. Furnish and Install New 2" Water Service Line with Excavation, Backfill, and Surface Repair 0 Each -$ 45 2- Site Const.Furnish and install water meter - 3/4"0 Each -$ 46 2- Site Const.Furnish and install water meter - 1"18 Each -$ 47 2- Site Const.Furnish and install water meter - 2"0 Each -$ 48 2- Site Const.Furnish and install 8" blind flange 2 Each -$ 49 2- Site Const.Furnish and install fire hydrants 3 Each -$ SUBTOTAL SEWER 50 2- Site Const.Furnish and install 8" Dia. SDR 35 PVC Sewer Line 1,427 LF -$ 51 2- Site Const.Furnish and install 4' Dia. Concrete manhole and base 5 Each -$ 52 2- Site Const.Core existing concrete manhole 0 Each -$ 53 2- Site Const.Furnish and install 4" Dia. SDR 35 PVC service lateral 20 Each -$ 54 2- Site Const.Bypass Pumping 0 LS -$ SUBTOTAL -$ -$ -$ -$ PRIVATE UTILITIES 55 2- Site Const.Furnish and install power - Rocky Mountain Power 0 LF -$ 56 2- Site Const.Furnish and install transformer, meter, and meter base 0 Each -$ 57 2- Site Const.Furnish and install natural gas lines - Intermountain Gas 0 LF -$ 58 2- Site Const.Furnish and install natural gas service lateral - Intermountain Gas 0 Each -$ 59 2- Site Const.Furnish and install trenching for communication - phone 0 LF -$ 60 2- Site Const.Furnish and install trenching for communication - fiber 0 LF -$ SUBTOTAL MISCELLANEOUS 61 2- Site Const.Furnish and construct utility trench for lighting conduit 1,705 LF -$ 62 2- Site Const.Furnish and install 2" dia. Conduit for exterior lighting 1,705 Each -$ 63 2- Site Const.Furnish and install conductor for exterior lighting 1,705 Each -$ 64 2- Site Const.Install base and pole, furnish and install fixture for exterior lighting 5 Each -$ SUBTOTAL TOTAL CONSTRUCTION COSTS - SCHEDULE A TOTAL CONSTRUCTION COST -$ -$ -$ ENGINEER'S OPINION OF PROBABLE COST Rexburg West Schedule B 12th West Project No.01-19-0006 Project:Rexburg West Date: 28-May-20 Client:12th West Development/Mitch Neibaur Prepared by: BEC LINE NO. DIVISION ITEM DESCRIPTION QTY.UNIT UNIT PRICE TOTAL PRICE CONSTRUCTION COSTS 1 0 - Bidding Mobilization, Bonding, Insurance, Bidding, Etc.1 LS -$ 2 1 - General Submittals (Shop Drawings, O&M Manuals), Project Coordination, Project Management1LS -$ 3 1 - General Construction Facilities and Temporary Controls - Utilities, etc.1 LS -$ 4 1 - General Environmental Protection & Special Controls - Solid Waste, Dust, Fuel 1 LS -$ SUBTOTAL ROADWAY 5 2- Site Const.Clearing and Grubbing 0 SY -$ 6 2- Site Const.Demolition - Removal of Obstructions 1 LS -$ 7 2- Site Const.Sawcut existing asphalt 802 LF -$ 8 2- Site Const.Excavation, City of Rexburg 0 CY -$ 9 2- Site Const.Furnish and Install Granular Borrow, City of Rexburg 0 CY -$ 10 2- Site Const.Geotextile Fabric, City of Rexburg 0 SY -$ 11 2- Site Const.Furnish and Install Granular Borrow Subgrade, City of Rexburg 0 CY -$ 12 2- Site Const.Furnish and Install 3/4" Aggregage Base Course, City of Rexburg 0 CY -$ 13 2- Site Const.Furnish and Install Hot Mix Asphalt Pavement, .City of Rexburg/ITD 0 Sq. Yds.-$ 14 2- Site Const.Furnish and Install 12' Walking Path, City of Rexburg standards 0 Sq. Yds.-$ 15 2- Site Const.Furnish anc install 5' sidewalk, ISPWC SD-709 0 SF -$ 16 2- Site Const.Furnish and install ribbon curb, modified ISPWC Type 1, 12" x 8"0 LF -$ 17 2- Site Const.Furnish and install curb & gutter, City of Rexburg standard 2.5' x 6"0 LF -$ 18 2- Site Const.Furnish and install curb & gutter, ITD Type 1, 2.5' x 6"0 LF -$ 19 2- Site Const.Furnish and install concrete crosspan/valley gutter 120 LF -$ 20 2- Site Const.Furnish and install ADA ramp per City of Rexburg/ITD 614-3 2 Each -$ 21 2- Site Const.Furnish and install sopsoil, hydroseeding, mulch 0 SF -$ 22 2- Site Const.Pavment Marking 1 LS -$ 23 2- Site Const.Furnish and install street signs 4 Each -$ 24 2- Site Const.Traffic Control 1 LS -$ -$ SUBTOTAL STORM DRAIN 25 2- Site Const.Furnish and install curb inlet & catch basin w/Neenah R-3067 grate 2 Each -$ 26 2- Site Const.Furnish and install 48" diameter manhole 2 Each -$ 27 2- Site Const.Furnish and install infiltrator 0 LF -$ 28 2- Site Const.Furnish and install 12" diameter HDPE storm drain pipe 10 LF -$ 29 2- Site Const.Furnish and install ITD Type II curb inlet and catch basin 0 Each -$ 30 2- Site Const.Furnish and install ITD SD manhole type C w/appurtenances 0 Each -$ SUBTOTAL WATER 31 2- Site Const.Furnish and install 8" Class 350 DI pipe - 5' feet bury depth 0 LF -$ 32 2- Site Const.Furnish and install 8" x 12" Hot Tap 0 Each -$ 33 2- Site Const.Furnish and install 8" x 8" Ell 0 Each -$ 34 2- Site Const.Furnish and install 8" x 8" x 6" Tee 0 Each -$ 35 2- Site Const.Furnish and install 8" x 8" x 8" Tee 0 Each -$ 36 2- Site Const.Furnish and install 8" x 8" Cross 0 Each -$ 37 2- Site Const.Furnish and install meter box and setter - 3/4"0 Each -$ 38 2- Site Const.Furnish and install meter box and setter - 1 0 Each -$ 39 2- Site Const.Furnish and install meter box and setter - 2"0 Each -$ 40 2- Site Const.Furnish and install 6" valve and valve box with concrete collar 0 Each -$ 41 2- Site Const.Furnish and install 8" valve and valve box with concrete collar 0 Each -$ 42 2- Site Const. Furnish and Install New 3/4" Water Service Line with Excavation, Backfill, and Surface Repair 0 Each -$ 43 2- Site Const. Furnish and Install New 1" Water Service Line with Excavation, Backfill, and Surface Repair 0 Each -$ 44 2- Site Const. Furnish and Install New 2" Water Service Line with Excavation, Backfill, and Surface Repair 0 Each -$ 45 2- Site Const.Furnish and install water meter - 3/4"0 Each -$ 46 2- Site Const.Furnish and install water meter - 1"0 Each -$ 47 2- Site Const.Furnish and install water meter - 2"0 Each -$ 48 2- Site Const.Furnish and install 8" blind flange 0 Each -$ 49 2- Site Const.Furnish and install fire hydrants 0 Each -$ SUBTOTAL SEWER 50 2- Site Const.Furnish and install 8" Dia. SDR 35 PVC Sewer Line 230 LF -$ 51 2- Site Const.Furnish and install 4' Dia. Concrete manhole and base 3 Each -$ 52 2- Site Const.Core existing concrete manhole 0 Each -$ 53 2- Site Const.Furnish and install 4" Dia. SDR 35 PVC service lateral 0 Each -$ 54 2- Site Const.Bypass Pumping 1 LS -$ SUBTOTAL -$ -$ -$ -$ PRIVATE UTILITIES 55 2- Site Const.Furnish and install power - Rocky Mountain Power 0 LF -$ 56 2- Site Const.Furnish and install transformer, meter, and meter base 0 Each -$ 57 2- Site Const.Furnish and install natural gas lines - Intermountain Gas 0 LF -$ 58 2- Site Const.Furnish and install natural gas service lateral - Intermountain Gas 0 Each -$ 59 2- Site Const.Furnish and install trenching for communication - phone 0 LF -$ 60 2- Site Const.Furnish and install trenching for communication - fiber 0 LF -$ SUBTOTAL MISCELLANEOUS 61 2- Site Const.Furnish and construct utility trench for lighting conduit 0 LF -$ 62 2- Site Const.Furnish and install 2" dia. Conduit for exterior lighting 0 LF -$ 63 2- Site Const.Furnish and install conductor for exterior lighting 0 LF -$ 64 2- Site Const.Install base and pole, furnish and install fixture for exterior lighting 0 Each -$ SUBTOTAL TOTAL CONSTRUCTION COSTS TOTAL CONSTRUCTION COST -$ -$ -$ ENGINEER'S OPINION OF PROBABLE COST Rexburg West Schedule C Hwy. 33 / Main Street Project No.01-19-0006 Project:Rexburg West Date: 28-May-20 Client:12th West Development/Mitch Neibaur Prepared by: BEC LINE NO. DIVISION ITEM DESCRIPTION QTY.UNIT UNIT PRICE TOTAL PRICE CONSTRUCTION COSTS 1 0 - Bidding Mobilization, Bonding, Insurance, Bidding, Etc.1 LS -$ 2 1 - General Submittals (Shop Drawings, O&M Manuals), Project Coordination, Project Management1LS -$ 3 1 - General Construction Facilities and Temporary Controls - Utilities, etc.1 LS -$ 4 1 - General Environmental Protection & Special Controls - Solid Waste, Dust, Fuel 1 LS -$ SUBTOTAL ROADWAY 5 2- Site Const.Clearing and Grubbing, ITD standards 0 SY -$ 6 2- Site Const.Demolition - Removal of Obstructions, ITD standards 1 LS -$ 7 2- Site Const.Sawcut existing asphalt, ITD standards 860 LF -$ 8 2- Site Const.Excavation, ITD standards 0 CY -$ 9 2- Site Const.Furnish and Install Granular Borrow, City of Rexburg 0 CY -$ 10 2- Site Const.Geotextile Fabric, ITD standards 0 SY -$ 11 2- Site Const.Furnish and Install Granular Borrow Subgrade, ITD standards 0 CY -$ 12 2- Site Const.Furnish and Install 3/4" Aggregage Base Course, ITD standards 0 CY -$ 13 2- Site Const.Furnish and Install Hot Mix Asphalt Pavement, ITD standards 0 Sq. Yds.-$ 14 2- Site Const.Furnish and Install 12' Walking Path, City of Rexburg standards 0 Sq. Yds.-$ 15 2- Site Const.Furnish anc install 5' sidewalk, ISPWC SD-709 0 SF -$ 16 2- Site Const.Furnish and install ribbon curb, modified ISPWC Type 1, 12" x 8"0 LF -$ 17 2- Site Const.Furnish and install curb & gutter, City of Rexburg standard 2.5' x 6"0 LF -$ 18 2- Site Const.Furnish and install curb & gutter, ITD Type 1, 2.5' x 6"0 LF -$ 19 2- Site Const.Furnish and install concrete crosspan/valley gutter 0 LF -$ 20 2- Site Const.Furnish and install ADA ramp per ITD 614-3 2 Each -$ 21 2- Site Const.Furnish and install sopsoil, hydroseeding, mulch 0 SF -$ 22 2- Site Const.Pavment Marking, ITD standards 1 LS -$ 23 2- Site Const.Furnish and install street signs 3 Each -$ 24 2- Site Const.Traffic Control 1 LS -$ -$ SUBTOTAL STORM DRAIN 25 2- Site Const.Furnish and install curb inlet & catch basin w/Neenah R-3067 grate 0 Each -$ 26 2- Site Const.Furnish and install 48" diameter manhole 0 Each -$ 27 2- Site Const.Furnish and install infiltrator 0 LF -$ 28 2- Site Const.Furnish and install 12" diameter HDPE storm drain pipe 10 LF -$ 29 2- Site Const.Furnish and install ITD Type II curb inlet and catch basin 1 Each -$ 30 2- Site Const.Furnish and install ITD SD manhole type C w/appurtenances 1 Each -$ SUBTOTAL WATER 31 2- Site Const.Furnish and install 8" Class 350 DI pipe - 5' feet bury depth 0 LF -$ 32 2- Site Const.Furnish and install 8" x 12" Hot Tap 0 Each -$ 33 2- Site Const.Furnish and install 8" x 8" Ell 0 Each -$ 34 2- Site Const.Furnish and install 8" x 8" x 6" Tee 0 Each -$ 35 2- Site Const.Furnish and install 8" x 8" x 8" Tee 0 Each -$ 36 2- Site Const.Furnish and install 8" x 8" Cross 0 Each -$ 37 2- Site Const.Furnish and install meter box and setter - 3/4"0 Each -$ 38 2- Site Const.Furnish and install meter box and setter - 1 0 Each -$ 39 2- Site Const.Furnish and install meter box and setter - 2"0 Each -$ 40 2- Site Const.Furnish and install 6" valve and valve box with concrete collar 0 Each -$ 41 2- Site Const.Furnish and install 8" valve and valve box with concrete collar 0 Each -$ 42 2- Site Const. Furnish and Install New 3/4" Water Service Line with Excavation, Backfill, and Surface Repair 0 Each -$ 43 2- Site Const. Furnish and Install New 1" Water Service Line with Excavation, Backfill, and Surface Repair 0 Each -$ 44 2- Site Const. Furnish and Install New 2" Water Service Line with Excavation, Backfill, and Surface Repair 0 Each -$ 45 2- Site Const.Furnish and install water meter - 3/4"0 Each -$ 46 2- Site Const.Furnish and install water meter - 1"0 Each -$ 47 2- Site Const.Furnish and install water meter - 2"0 Each -$ 48 2- Site Const.Furnish and install 8" blind flange 0 Each -$ 49 2- Site Const.Furnish and install fire hydrants 0 Each -$ SUBTOTAL SEWER 50 2- Site Const.Furnish and install 8" Dia. SDR 35 PVC Sewer Line 0 LF -$ 51 2- Site Const.Furnish and install 4' Dia. Concrete manhole and base 0 Each -$ 52 2- Site Const.Core existing concrete manhole 0 Each -$ 53 2- Site Const.Furnish and install 4" Dia. SDR 35 PVC service lateral 0 Each -$ 54 2- Site Const.Bypass Pumping 0 LS -$ SUBTOTAL -$ -$ -$ -$ PRIVATE UTILITIES 55 2- Site Const.Furnish and install power - Rocky Mountain Power 0 LF -$ 56 2- Site Const.Furnish and install transformer, meter, and meter base 0 Each -$ 57 2- Site Const.Furnish and install natural gas lines - Intermountain Gas 0 LF -$ 58 2- Site Const.Furnish and install natural gas service lateral - Intermountain Gas 0 Each -$ 59 2- Site Const.Furnish and install trenching for communication - phone 0 LF -$ 60 2- Site Const.Furnish and install trenching for communication - fiber 0 LF -$ SUBTOTAL MISCELLANEOUS 61 2- Site Const.Furnish and construct utility trench for lighting conduit 0 LF -$ 62 2- Site Const.Furnish and install 2" dia. Conduit for exterior lighting 0 LF -$ 63 2- Site Const.Furnish and install conductor for exterior lighting 0 LF -$ 64 2- Site Const.Install base and pole, furnish and install fixture for exterior lighting 0 Each -$ SUBTOTAL TOTAL CONSTRUCTION COSTS TOTAL CONSTRUCTION COST -$ -$ -$ CONTRACTOR GENERAL INFORMATION CONTRACTOR GENERAL INFORMATION - 1 01-19-0006 (REXBURG WEST) CONTRACTOR GENERAL INFORMATION The Bidder shall furnish the following information. Failure to comply with this requirement will render the Bid incomplete and may cause its rejection. Additional sheets shall be attached as required. 1. Contractor's name and address (mail and business): _________________________________________ _________________________________________ _________________________________________ 2. Contractor's telephone number: ( ) 3. Contractor's State License: Primary Classification _______________________________________ State License No. Supplemental Classification held, if any:________________________________________________ Bid Limit:________________ Contractor’s Public Works License No. ________________ 4. Number of years as a contractor in construction work of this type: _________________ 5. Names and titles of all officers of CONTRACTOR's firm: ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ 6. Name of person who inspected site of proposed work for your firm: Name: Date of Inspection: _________ 7. Name, address, and telephone number of surety company and agent who will provide required bonds on this contract: Surety Company: _______________________ Mailing Address: _______________________ City, State, Zip: ____________ Contact: ____________ Phone: ( )__________ 8. Attach to this Bid the experience resume of the person who will be designated chief construction superintendent. 9. Is the contractor or anyone employed under litigation or arbitration? YES ___ NO ___ If yes, please attach a brief description of the lawsuit and the parties involved. CONTRACTORS GENERAL INFORMATION CONTRACTOR GENERAL INFORMATION - 2 01-19-0006 (REXBURG WEST) LIST OF SUBCONTRACTORS LIST OF SUBCONTRACTORS 01-19-0006 (REXBURG WEST) The Bidder shall list below the name and business address of each subcontractor who will perform work under this contract in excess of one percent of the CONTRACTOR's total bid price, and shall also list the portion of the work which will be done by such subcontractor. After the opening of Bids, no replacements will be allowed except as identified in paragraph 7.6 of the General Conditions. If HVAC, plumbing, or electrical subcontractors will perform work on the project, the associated license numbers are required to be listed, in addition to the public works license numbers. Work to be Performed Subcontractor's Public Works License Number Percent of Total Contract Subcontractor's Name & Address Electrical Public Works License: __________________ Electrical License: __________________ HVAC NOT REQUIRED Public Works License: __________________ HVAC License: __________________ Plumbing NOT REQUIRED Public Works License: __________________ Plumbing License: __________________ Well Driller NOT REQUIIRED Public Works License: __________________ Drilling License: __________________ Notes: 1. Attach additional sheets, if required. 2. All information requested above must be provided for each named subcontractor or the bid will be non-responsive. 3. All subcontractors named must possess licenses or certificates of competency at the time of bid or the bid will be non-responsive. LIST OF SUBCONTRACTORS LIST OF SUBCONTRACTORS 01-19-0006 (REXBURG WEST) BID BOND - PENAL SUM FORM BID BOND-1 01-19-0006 (REXBURG WEST) BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER: 12th West Properties 127 E Main St, Suite #A5 Rexburg, ID 83440 BID Bid Due Date: June 5, 2020 Description: Rexburg West – Rexburg, Idaho. BOND Bond Number: Date: Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. BID BOND - PENAL SUM FORM BID BOND-2 01-19-0006 (REXBURG WEST) 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. NOTICE OF AWARD NOTICE OF AWARD-1 01-19-0006 (REXBURG WEST) NOTICE OF AWARD Date of Issuance: Owner: 12th West Properties Owner's Contract No.: Engineer: Civilize, PLLC Engineer's Project No.: 01-19-0006 Project: Rexburg West, Division No. 1 Contract Name: Bidder: Bidder’s Address: TO BIDDER: You are notified that Owner has accepted your Bid dated [__________________] for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Rexburg West, Division No. 1 – Base Bid The Contract Price of the awarded Contract is: $_____________ as calculated from the sum of the line items in the bid schedule. [4] unexecuted counterparts of the Agreement accompany this Notice of Award, and four copies of the Contract Documents accompany this Notice of Award, or has been transmitted or made available to Bidder electronically. a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner [____]counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: Authorized Signature By: Title: Copy: Engineer NOTICE OF AWARD NOTICE OF AWARD-2 01-19-0006 (REXBURG WEST) AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 1 OF 6 EJCDC NO C-520 AGREEMENT 01-19-0006 (REXBURG WEST) AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between (“Owner”) and (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: A. Site improvements for development of approximately 10 acres at the northeast corner of Highway 33/Main Street and 12th West in Rexburg, Idaho. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: furnishing and constructing widened roadways on Main Street and 12th West, hardscape for interior roadways, public utilities, grading and drainage, private utilities, street lighting, signing and striping. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by Civilize, PLLC and certain subconsultants. 3.02 The Owner has retained Civilize, PLLC, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within 120 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions and within 150 calendar days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 2 OF 6 EJCDC NO C-520 AGREEMENT 01-19-0006 (REXBURG WEST) and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $1,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Deleted ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 30th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage); and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 3 OF 6 EJCDC NO C-520 AGREEMENT 01-19-0006 (REXBURG WEST) B. Upon Substantial Completion of the entire construction to be provided under the Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 – INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 2.5 percent per annum. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 4 OF 6 EJCDC NO C-520 AGREEMENT 01-19-0006 (REXBURG WEST) G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 8, inclusive). 2. Performance bond (pages 1 to 4, inclusive). 3. Payment bond (pages 1 to 4, inclusive). 4. Other bonds. NONE a. ___ (pages ___ to ___, inclusive). 5. General Conditions (pages 1 to 72, inclusive). 6. Supplementary Conditions (pages 1 to 12, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. a. City of Driggs Public Works Standards and Technical Specifications b. Idaho Division of Public Works, Idaho Standards for Public Works Construction 8. Drawings (not attached but incorporated by reference) consisting of 12 sheets with each sheet bearing the following general title: Rexburg West, Division No. 1. 9. Addenda (numbers ___ to ___, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages ___ to ___, inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 5 OF 6 EJCDC NO C-520 AGREEMENT 01-19-0006 (REXBURG WEST) D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 6 OF 6 EJCDC NO C-520 AGREEMENT 01-19-0006 (REXBURG WEST) 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on __________ (which is the Effective Date of the Contract). OWNER: CONTRACTOR: By: By: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: License No.: (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) NOTICE TO PROCEED NOTICE TO PROCEED-1 01-19-0006 (REXBURG WEST) NOTICE TO PROCEED Owner: 12th West Properties Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Civilize, PLLC Engineer's Project No.: 01-19-0006 Project: Rexburg West, Division No. 1 Contract Name: Effective Date of Contract: TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [_____________________, 20__]. [see Paragraph 4.01 of the General Conditions] On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, [the date of Substantial Completion is ________________________, and the date of readiness for final payment is_____________________] or [the number of days to achieve Substantial Completion is _____________________, and the number of days to achieve readiness for final payment is _____________________]. Before starting any Work at the Site, Contractor must comply with the following: [Note any access limitations, security procedures, or other restrictions] Owner: Authorized Signature By: Title: Date Issued: Copy: Engineer NOTICE TO PROCEED NOTICE TO PROCEED-2 01-19-0006 (REXBURG WEST) PERFORMANCE BOND PERFORMANCE BOND-1 01-19-0006 (REXBURG WEST) PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER 12th West Properties, 127 E Main Street, Suite #A5, Rexburg, ID 83440 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 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 (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. PERFORMANCE BOND PERFORMANCE BOND-2 01-19-0006 (REXBURG WEST) 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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 the Owner or its heirs, executors, administrators, successors, and assigns. PERFORMANCE BOND PERFORMANCE BOND-3 01-19-0006 (REXBURG WEST) 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. 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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the 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 periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: PERFORMANCE BOND PERFORMANCE BOND-4 01-19-0006 (REXBURG WEST) PAYMENT BOND PAYMENT BOND-1 01-19-0006 (REXBURG WEST) PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER 12th West Properties, 127 E Main Street, Suite #A5, Rexburg, ID 83440 CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (attach power of attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. PAYMENT BOND PAYMENT BOND-2 01-19-0006 (REXBURG WEST) 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. PAYMENT BOND PAYMENT BOND-3 01-19-0006 (REXBURG WEST) 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, 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 Construction 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. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the 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. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: PAYMENT BOND PAYMENT BOND-4 01-19-0006 (REXBURG WEST) PAGE 2 OF 3 EJCDC NO. C-620 FA APPLICATION FOR PAYMENT Contractor’s Application For Payment No. ________ Application Period: Application Date: To (Owner): From (Contractor): Via (Engineer) Project: Contract: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: APPLICATION FOR PAYMENT Change Order Summary Approved Change Orders 1. ORIGINAL CONTRACT PRICE .......................................................... $ Number Additions Deductions 2. Net change by Change Orders ......................................................... $ 3. CURRENT CONTRACT PRICE (Line 1 ± 2) ...................................... $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate) .................................................. $ 5. RETAINAGE: a. _____ % x $_________________ Work Completed ..................... $ b. _____ % x $_________________ Stored Material ....................... $ c. Total Retainage (Line 5a + Line 5b) ........................................... $ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c) .............................. $ TOTALS 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application) ....... $ 8. AMOUNT DUE THIS APPLICATION .................................................. $ NET CHANGE BY 9. BALANCE TO FINISH, PLUS RETAINAGE CHANGE ORDERS (Column G on Progress Estimate + Line 5 above) ......................... $ CONTRACTOR’S CERTIFICATION The undersigned Contractor certifies that: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations i ncurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. Payment of: $____________________________________________________ (Line 8 or other - attach explanation of other amount) is recommended by: _____________________________________________________ _____________________ (Engineer) (Date) Payment of: $____________________________________________________ (Line 8 or other - attach explanation of other amount) is approved by: _____________________________________________________ _____________________ (Owner) (Date) By: Date: Approved by: _____________________________________________________ _____________________ Funding Agency (if applicable) (Date) PAGE 2 OF 3 EJCDC NO. C-620 FA APPLICATION FOR PAYMENT Progress Estimate Contractor’s Application For (contract): Application Number: Application Period: Application Date: A B Work Completed E F G Item C D Total Completed % Balance to Specification Section No. Description Scheduled Value From Previous Application (C + D) This Period Materials Presently Stored (not in C or D) and Stored to Date (C + D + E) (F) B Finish (B - F) Totals PAGE 3 OF 4 EJCDC NO. C-620 FA APPLICATION FOR PAYMENT Progress Estimate Contractor’s Application For (contract): Application Number: Application Period: Application Date: A B C D E F G Item Bid Quantity Unit Price Bid Value Estimated Quantity Installed Value Materials Presently Stored (not in C) Total Completed and Stored to Date (D + E) % (F) B Balance to Finish (B - F) Bid Item No. Description Totals PAGE 4 OF 4 EJCDC NO. C-620 FA APPLICATION FOR PAYMENT Stored Material Summary Contractor's Application For (contract): Application Number: Application Period: Application Date: A B C D E F G Invoice No. Shop Drawing Transmittal No. Materials Description Stored Previously Stored this Month Incorporated in Work Materials Remaining in Storage ($) (D + E - F) Date (Month/Year) Amount ($) Amount ($) Subtotal Date (Month/Year) Amount ($) Totals CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF SUBSTANTIAL COMPLETION-1 01-19-0006 (REXBURG WEST) CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: 12th West Properties Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Civilize, PLLC Engineer's Project No.: 01-19-0006 Project: Rexburg West, Division No. 1 Contract Name: This [preliminary] [final] Certificate of Substantial Completion applies to: All Work The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all- inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: [Note: Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see Paragraph 15.03.D of the General Conditions.] Amendments to Owner's responsibilities: None As follows Amendments to Contractor's responsibilities: None As follows: The following documents are attached to and made a part of this Certificate: [punch list; others] 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. EXECUTED BY ENGINEER: RECEIVED: RECEIVED: By: By: By: (Authorized signature) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date: Date: CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF SUBSTANTIAL COMPLETION-2 01-19-0006 (REXBURG WEST) GENERAL CONDITIONS PAGE 1 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 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 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. GENERAL CONDITIONS PAGE 2 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC’s Guide to the Preparation of Supplementary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. GENERAL CONDITIONS PAGE 3 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1 – Definitions and Terminology ...................................................................................... 8 1.01 Defined Terms ....................................................................................................................... 8 1.02 Terminology ........................................................................................................................ 12 ARTICLE 2 – Preliminary Matters ................................................................................................. 13 2.01 Delivery of Bonds and Evidence of Insurance ..................................................................... 13 2.02 Copies of Documents .......................................................................................................... 13 2.03 Before Starting Construction ............................................................................................... 13 2.04 Preconstruction Conference; Designation of Authorized Representatives ......................... 14 2.05 Initial Acceptance of Schedules ........................................................................................... 14 2.06 Electronic Transmittals ........................................................................................................ 14 ARTICLE 3 – Documents: Intent, Requirements, Reuse ............................................................... 15 3.01 Intent ................................................................................................................................... 15 3.02 Reference Standards ........................................................................................................... 15 3.03 Reporting and Resolving Discrepancies ............................................................................... 15 3.04 Requirements of the Contract Documents .......................................................................... 16 3.05 Reuse of Documents ........................................................................................................... 17 ARTICLE 4 – Commencement and Progress of the Work ............................................................. 17 4.01 Commencement of Contract Times; Notice to Proceed ...................................................... 17 4.02 Starting the Work ................................................................................................................ 17 4.03 Reference Points ................................................................................................................. 17 4.04 Progress Schedule ............................................................................................................... 17 4.05 Delays in Contractor’s Progress ........................................................................................... 18 ARTICLE 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................................................................................................................................... 19 5.01 Availability of Lands ............................................................................................................. 19 5.02 Use of Site and Other Areas ................................................................................................ 19 5.03 Subsurface and Physical Conditions .................................................................................... 20 5.04 Differing Subsurface or Physical Conditions ........................................................................ 20 5.05 Underground Facilities ........................................................................................................ 22 5.06 Hazardous Environmental Conditions at Site ...................................................................... 23 GENERAL CONDITIONS PAGE 4 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) ARTICLE 6 – Bonds and Insurance ................................................................................................ 25 6.01 Performance, Payment, and Other Bonds ........................................................................... 25 6.02 Insurance—General Provisions ........................................................................................... 26 6.03 Contractor’s Insurance ........................................................................................................ 27 6.04 Owner’s Liability Insurance ................................................................................................. 29 6.05 Property Insurance .............................................................................................................. 30 6.06 Waiver of Rights .................................................................................................................. 31 6.07 Receipt and Application of Property Insurance Proceeds ................................................... 32 ARTICLE 7 – Contractor’s Responsibilities .................................................................................... 33 7.01 Supervision and Superintendence ....................................................................................... 33 7.02 Labor; Working Hours ......................................................................................................... 33 7.03 Services, Materials, and Equipment .................................................................................... 33 7.04 “Or Equals” .......................................................................................................................... 33 7.05 Substitutes ........................................................................................................................... 35 7.06 Concerning Subcontractors, Suppliers, and Others ............................................................. 36 7.07 Patent Fees and Royalties ................................................................................................... 38 7.08 Permits ................................................................................................................................ 38 7.09 Taxes .................................................................................................................................... 38 7.10 Laws and Regulations .......................................................................................................... 38 7.11 Record Documents .............................................................................................................. 39 7.12 Safety and Protection .......................................................................................................... 39 7.13 Safety Representative ......................................................................................................... 40 7.14 Hazard Communication Programs ....................................................................................... 40 7.15 Emergencies ........................................................................................................................ 40 7.16 Shop Drawings, Samples, and Other Submittals ................................................................. 41 7.17 Contractor’s General Warranty and Guarantee .................................................................. 43 7.18 Indemnification ................................................................................................................... 43 7.19 Delegation of Professional Design Services ......................................................................... 44 ARTICLE 8 – Other Work at the Site ............................................................................................. 45 8.01 Other Work .......................................................................................................................... 45 8.02 Coordination ........................................................................................................................ 45 8.03 Legal Relationships .............................................................................................................. 46 ARTICLE 9 – Owner’s Responsibilities .......................................................................................... 47 9.01 Communications to Contractor ........................................................................................... 47 GENERAL CONDITIONS PAGE 5 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 9.02 Replacement of Engineer .................................................................................................... 47 9.03 Furnish Data ........................................................................................................................ 47 9.04 Pay When Due ..................................................................................................................... 47 9.05 Lands and Easements; Reports, Tests, and Drawings .......................................................... 47 9.06 Insurance ............................................................................................................................. 47 9.07 Change Orders ..................................................................................................................... 47 9.08 Inspections, Tests, and Approvals ....................................................................................... 47 9.09 Limitations on Owner’s Responsibilities .............................................................................. 47 9.10 Undisclosed Hazardous Environmental Condition .............................................................. 48 9.11 Evidence of Financial Arrangements ................................................................................... 48 9.12 Safety Programs .................................................................................................................. 48 ARTICLE 10 – Engineer’s Status During Construction .................................................................. 48 10.01 Owner’s Representative ...................................................................................................... 48 10.02 Visits to Site ......................................................................................................................... 48 10.03 Project Representative ........................................................................................................ 48 10.04 Rejecting Defective Work .................................................................................................... 49 10.05 Shop Drawings, Change Orders and Payments ................................................................... 49 10.06 Determinations for Unit Price Work .................................................................................... 49 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................ 49 10.08 Limitations on Engineer’s Authority and Responsibilities ................................................... 49 10.09 Compliance with Safety Program ........................................................................................ 50 ARTICLE 11 – Amending the Contract Documents; Changes in the Work ................................... 50 11.01 Amending and Supplementing Contract Documents .......................................................... 50 11.02 Owner-Authorized Changes in the Work ............................................................................ 51 11.03 Unauthorized Changes in the Work .................................................................................... 51 11.04 Change of Contract Price ..................................................................................................... 51 11.05 Change of Contract Times ................................................................................................... 52 11.06 Change Proposals ................................................................................................................ 52 11.07 Execution of Change Orders ................................................................................................ 53 11.08 Notification to Surety .......................................................................................................... 53 ARTICLE 12 – Claims ..................................................................................................................... 54 12.01 Claims .................................................................................................................................. 54 ARTICLE 13 – Cost of the Work; Allowances; Unit Price Work ..................................................... 55 13.01 Cost of the Work ................................................................................................................. 55 GENERAL CONDITIONS PAGE 6 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 13.02 Allowances .......................................................................................................................... 57 13.03 Unit Price Work ................................................................................................................... 58 ARTICLE 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work .... 58 14.01 Access to Work .................................................................................................................... 58 14.02 Tests, Inspections, and Approvals ....................................................................................... 59 14.03 Defective Work .................................................................................................................... 59 14.04 Acceptance of Defective Work ............................................................................................ 60 14.05 Uncovering Work ................................................................................................................. 60 14.06 Owner May Stop the Work .................................................................................................. 61 14.07 Owner May Correct Defective Work ................................................................................... 61 ARTICLE 15 – Payments to Contractor; Set-Offs; Completion; Correction Period ....................... 61 15.01 Progress Payments .............................................................................................................. 61 15.02 Contractor’s Warranty of Title ............................................................................................ 65 15.03 Substantial Completion ....................................................................................................... 65 15.04 Partial Use or Occupancy ..................................................................................................... 66 15.05 Final Inspection ................................................................................................................... 66 15.06 Final Payment ...................................................................................................................... 66 15.07 Waiver of Claims .................................................................................................................. 67 15.08 Correction Period ................................................................................................................ 68 ARTICLE 16 – Suspension of Work and Termination .................................................................... 69 16.01 Owner May Suspend Work .................................................................................................. 69 16.02 Owner May Terminate for Cause ........................................................................................ 69 16.03 Owner May Terminate For Convenience ............................................................................ 70 16.04 Contractor May Stop Work or Terminate ............................................................................ 70 ARTICLE 17 – Final Resolution of Disputes ................................................................................... 71 17.01 Methods and Procedures .................................................................................................... 71 ARTICLE 18 – Miscellaneous ........................................................................................................ 71 18.01 Giving Notice ....................................................................................................................... 71 18.02 Computation of Times ......................................................................................................... 71 18.03 Cumulative Remedies .......................................................................................................... 71 18.04 Limitation of Damages ......................................................................................................... 72 18.05 No Waiver ............................................................................................................................ 72 18.06 Survival of Obligations ......................................................................................................... 72 18.07 Controlling Law .................................................................................................................... 72 GENERAL CONDITIONS PAGE 7 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 18.08 Headings .............................................................................................................................. 72 GENERAL CONDITIONS PAGE 8 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The 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. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision GENERAL CONDITIONS PAGE 9 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. GENERAL CONDITIONS PAGE 10 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. 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. 30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities. 35. 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. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. GENERAL CONDITIONS PAGE 11 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. 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. 40. 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. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. 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 a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. 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 but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. GENERAL CONDITIONS PAGE 12 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 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 15.03 or 15.04). 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. GENERAL CONDITIONS PAGE 13 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. 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. Bonds: 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 Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments GENERAL CONDITIONS PAGE 14 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 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 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. GENERAL CONDITIONS PAGE 15 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, 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 part of the Contract Documents prepared by or for Engineer. 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 part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by GENERAL CONDITIONS PAGE 16 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. GENERAL CONDITIONS PAGE 17 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. GENERAL CONDITIONS PAGE 18 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. 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. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. 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. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. GENERAL CONDITIONS PAGE 19 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 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. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, GENERAL CONDITIONS PAGE 20 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris 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 and adjacent areas 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 of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; 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. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or GENERAL CONDITIONS PAGE 21 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 2. is of such a nature as to require a change in the Drawings or Specifications; 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 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the GENERAL CONDITIONS PAGE 22 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent 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 do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or GENERAL CONDITIONS PAGE 23 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility: After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. 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; and d. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to GENERAL CONDITIONS PAGE 24 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; 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. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work GENERAL CONDITIONS PAGE 25 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. 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 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. GENERAL CONDITIONS PAGE 26 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then 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 bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, GENERAL CONDITIONS PAGE 27 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor’s Insurance A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees. 2. claims for damages insured by reasonably available personal injury liability coverage. GENERAL CONDITIONS PAGE 28 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 3. 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. C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against 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. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; 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 (including as applicable those arising from both GENERAL CONDITIONS PAGE 29 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that 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. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. 6.04 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, 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. B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. GENERAL CONDITIONS PAGE 30 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 6.05 Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable 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 Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.” 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; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; 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. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. GENERAL CONDITIONS PAGE 31 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 8. allow for the waiver of the insurer’s subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, 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 insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such GENERAL CONDITIONS PAGE 32 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 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 or Contractor as trustee or fiduciary, 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: 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 occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.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, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such GENERAL CONDITIONS PAGE 33 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 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. 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. 7.02 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, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.03 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, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work 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. 7.04 “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 GENERAL CONDITIONS PAGE 34 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that 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, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, 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; 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; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. 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. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. GENERAL CONDITIONS PAGE 35 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. 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: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute GENERAL CONDITIONS PAGE 36 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of GENERAL CONDITIONS PAGE 37 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be 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. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. 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. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. GENERAL CONDITIONS PAGE 38 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 7.07 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. 7.08 Permits A. Unless otherwise provided in the Contract Documents, 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 the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 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. GENERAL CONDITIONS PAGE 39 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 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, other work in progress, 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 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and GENERAL CONDITIONS PAGE 40 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 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 7.12.A.2 or 7.12.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 at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and protection 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 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 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. 7.14 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. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent 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 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. GENERAL CONDITIONS PAGE 41 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the 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 and equipment 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. 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 of that submittal, and that Contractor approves the 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 set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. 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 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and GENERAL CONDITIONS PAGE 42 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. 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 or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample 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 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop GENERAL CONDITIONS PAGE 43 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on 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; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from 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 GENERAL CONDITIONS PAGE 44 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 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. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A 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 7.18.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. 7.19 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 Laws and Regulations. 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, 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, 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. GENERAL CONDITIONS PAGE 45 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 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 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. 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. D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, 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. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. GENERAL CONDITIONS PAGE 46 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or GENERAL CONDITIONS PAGE 47 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 – OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. GENERAL CONDITIONS PAGE 48 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s GENERAL CONDITIONS PAGE 49 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 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. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. 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, are set forth in Paragraph 7.19. C. Engineer’s authority as to Change Orders is set forth in Article 11. D. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the GENERAL CONDITIONS PAGE 50 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. GENERAL CONDITIONS PAGE 51 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 11.02 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. 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, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor’s Fee: When applicable, 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 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent; GENERAL CONDITIONS PAGE 52 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost 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 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. GENERAL CONDITIONS PAGE 53 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. 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; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 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. GENERAL CONDITIONS PAGE 54 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) ARTICLE 12 – CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, GENERAL CONDITIONS PAGE 55 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work 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 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. 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, and 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. GENERAL CONDITIONS PAGE 56 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 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 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of 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 6.05), 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 communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. GENERAL CONDITIONS PAGE 57 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work 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 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. 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 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 Paragraph 13.01.B. D. Contractor’s Fee: When the Work as a whole 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, Change Proposal, Claim, set-off, or other 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 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 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. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. GENERAL CONDITIONS PAGE 58 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision 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 the following paragraph. E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price 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; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction 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. GENERAL CONDITIONS PAGE 59 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. GENERAL CONDITIONS PAGE 60 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of GENERAL CONDITIONS PAGE 61 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, 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, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, 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. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, 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, then 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 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will GENERAL CONDITIONS PAGE 62 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 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, a warehouse bond, 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. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. GENERAL CONDITIONS PAGE 63 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 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 money 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 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. GENERAL CONDITIONS PAGE 64 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. GENERAL CONDITIONS PAGE 65 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. GENERAL CONDITIONS PAGE 66 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; GENERAL CONDITIONS PAGE 67 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer’s Review of 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 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. 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 15.07. 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. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from GENERAL CONDITIONS PAGE 68 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the 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 Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 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 to 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. 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 repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). 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, 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 are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. GENERAL CONDITIONS PAGE 69 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When GENERAL CONDITIONS PAGE 70 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 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; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon 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 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 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 are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. GENERAL CONDITIONS PAGE 71 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) ARTICLE 17 – FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 – MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. GENERAL CONDITIONS PAGE 72 OF 72 EJCDC C-700 GENERAL CONDITIONS 01-19-0006 (REXBURG WEST) 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. SUPPLEMENTARY CONDITIONS PAGE 1 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend and supplement Standard General Conditions (SC) and other provisions of the Contract Documents. All provisions which are not so amended or supplemented remain in full force and effect. SC-1.01.A Delete paragraph 1.01.A in its entirety and insert the following in its place: A. Whenever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. SC-1.01.A.40 Add the following to paragraph 1.01.A.40 Substantial Completion of the Standard General Conditions: Substantial Completion is further defined as that degree of completion of the Project’s operating facilities and systems sufficient to satisfy all of the following: a. provides the OWNER the full time, uninterrupted, continuous beneficial operation of the Work; b. all required functional, performance and acceptance or startup testing has been successfully demonstrated for all components, devices, equipment, and instrumentation and controls to the satisfaction of the ENGINEER in accordance with the requirements of the Specifications; c. all inspections required have been completed and identified conditions corrected. Specific items of Work which shall be completed prior to declaration of Substantial Completion date included, but are not limited to, the following: a. conformance with all training services requirements. b. correction of all state, local, and other regulatory agency’s defective Work lists. c. submittals have been received and approved by the ENGINEER including, but not necessarily limited to, the following: (1) Record documents. (2) Operation and maintenance manuals, including service and maintenance agreements. (3) Equipment data forms. (4) Manufacturers’ certificates of proper installation. (5) Factory test reports. d. all special accessories have been provided that are required to place each item of equipment in full operation. These special accessory items include, but are not limited to, specified spare parts, test equipment, adequate oil and grease or other lubrication, air filters, light bulbs, fuses, special tools, valve operators, and other expendable items required for startup and operation of the operating facilities or systems as a whole. e. all additional warranty or insurance coverage requirements have been provided. SC-1.01.A.51-56 Add the following paragraphs 1.01.A.51 thru 56: 51. Specialist: The term Specialist refers to a person, partnership, firm, or corporation of established reputation (or if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workers skilled in either (as applicable) manufacturing or fabricating items required by the Contract Documents, or otherwise performing Work required by the Contract Documents. Where Specifications require installation by a Specialist, that term shall also by deemed to mean either the manufacturer of the item, a SUPPLEMENTARY CONDITIONS PAGE 2 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) person, a partnership, firm, or corporation licensed by the manufacturer, or a person, partnership, firm, or corporation who will perform the Work under the manufacturer’s direct supervision. 52. Drawing Clarification: An answer from the Owner, in response to an inquiry from the Contractor, intended to make some requirement(s) of the drawings clearly understood. Drawing clarifications may be sketches, drawings, or in narrative form and will not change any requirements of the drawings. Responses to Contractor inquiries shall be as outlined in the paragraph "Request for Information" of these General Conditions. 53. Non-Conformance Notice: A notice issued by the Owner documenting that the work or some portion thereof has not been performed in accordance with the requirements of the Contract Documents. Payment shall not be made on any portion of the work for which a Non-Conformance Notice has been issued and the work not corrected to the satisfaction of the Owner. Upon receipt of a Non-Conformance Notice the Contractor shall provide a written Response to Non-Conformance Notice within five working days after receipt of the Notice. The Contractor's response shall detail either (a) why they believe that the work was performed in accordance with the Contract Documents or (b) what corrective action they intend to take, at their sole expense, to correct the non- conforming work. If the Contractor dispute issuance of the Notice the Owner has five working days in which to respond by either (a) withdrawing the Notice of Non- Conformance of (b) directing the Contractor to correct the work. Such determination by the Owner shall be final and conclusive of the matter. If directed to correct the work, the Contractor shall do so within five working days after receipt of such direction from the Owner, or such other time as may be agreed to with the Owner. 54. Project Communications: Routine written communications between the owner and the contractor shall be in letter, field memo, or fax format. Such communications shall not be identified as Request for Information nor shall they substitute for any other written requirement pursuant to the provisions of these contract documents. 55. Requests for Information: A request from the Contractor or one of its subcontractors, to the Owner, seeking an interpretation or a clarification of some requirement of the Contract Documents. The Contractor shall clearly and concisely set forth the issue for which it seeks clarification or interpretation and why a response is needed from the Owner. The Contractor shall, in written request, set forth its interpretation or understanding of the Contractor's requirements along with reasons why it has reached such an understanding. Responses from the Owner will not change any requirements of the Contract Documents. Responses to Contractor inquiries shall be as outlined in the paragraph "Requests for Information" of these General Conditions”. 56. Incidental: Work, Materials or Services required by the Contract which are not specifically identified as payment item(s). No specific measurement and/or payment will be made for incidental items. The cost thereof should be included in other items of work listed in the Bid Schedule. SC-1.02.E Delete paragraph 1.02.E in its entirety and substitute the following: 1. Furnish, Install, Perform, Provide, Supply - The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean FURNISHING AND INCORPORATING IN THE WORK including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context. SC-2.02.C Add the following to paragraph 2.02 Copies of Documents of the Standard General Conditions: SUPPLEMENTARY CONDITIONS PAGE 3 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) C. The CONTRACTOR shall utilize one set of full sized drawings for record document purposes. See Section 01700 – CLOSEOUT for project record document requirements. SC-2.04.A Amend the first sentence of paragraph GC-2.04.A. by striking out the words "Before any work...a conference", and substituting "After Notice of Award, but before any Work at the site is started (except with approval of OWNER), a conference." SC-2.05.A.3 Add a new paragraph immediately after paragraph GC 2.07.A.3, which is to read as follows: a. Where a Contract is awarded on a lump sum basis, the Contractor shall file with the Engineer a balanced price segregation of his lump sum bid into items similar to the various subdivisions of the general and detailed specifications, the sum of which shall equal the lump sum bid. The cost of various materials shall be furnished upon request of the Engineer, and such data will then be used as a basis for making progress estimates. Breakdown cost itemized specification section and trade, and distribute cost to individual applicable units and structures. Where structures, units, equipment, or other components are identified by a specific series or, identification number, utilize said designation throughout cost breakdown. Provide detailed breakdown for individual yard piping or conduit runs and identify approximate quantities involved to satisfaction of the Engineer. Provide separate breakdown for change order items or items requested. Provide an additional breakdown sheet, equivalent to AIA document G703, showing the tabulation format for stored materials. Submit this sheet each month with Contractor's pay request breakdown. The detail and format of cost breakdown and stored materials tabulation sheet shall be fully approved by Engineer. SC-3.01 Add two new paragraphs after paragraph SC-3.01.E. which are to read as follows: F. The Specifications may vary in form, format and style. Some specification sections are written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omissions of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making claims for extra Work. G. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete." SC-3.03.C Add the following paragraph to paragraph 3.03 – Reporting and Resolving Discrepancies of the Standard General Conditions: C. Precedence of Documents: 1. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: a. AGREEMENT b. ADDENDA TO CONTRACT DOCUMENTS c. AGENCY SUPPLEMENTAL GENERAL CONDITIONS d. SUPPLEMENTARY CONDITIONS SUPPLEMENTARY CONDITIONS PAGE 4 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) e. INSTRUCTIONS TO BIDDERS f. STANDARD GENERAL CONDITIONS g. SPECIFICATIONS h. DRAWINGS i. INVITATION TO BID 2. Figure dimensions on DRAWINGS shall take precedence over scaled dimensions. 3. Detailed DRAWINGS shall take precedence over more general DRAWINGS. SC-5.03.A Replace paragraph 5.03.A Subsurface and Physical Conditions Subparagraphs 1 through 3 of the Standard General Conditions with: 1. No additional reports or studies of subsurface and physical conditions are available except as provided in the Bid Documents. SC-5.04.A Insert the following to paragraph 5.04.A Notice by Contractor of the Standard General Conditions immediately after the word “promptly”: “and within 24 hours” SC-5.06.A Replace paragraph 5.06.A Hazardous Environmental Conditions at Site Subparagraph 1 of the Standard General Conditions with: 1. No additional reports or studies of hazardous environmental conditions at site are available except as provided in the Bid Documents. SC-6.03.A.5 Add the following to paragraph 6.03.A Workers’ Compensation of the Standard General Conditions: 5. Claims for damages insured by customary personal injury liability coverage which are sustained: a. by any person as a result of a claim directly or indirectly related to the employment of such person by CONTRACTOR, or b. by any other person for any other reason; SC-6.03.G Replace the phrase “OWNER and ENGINEER,” in paragraph 5.04.G of the Standard General Conditions with the following: “OWNER, ENGINEER, and Engineer’s Consultants,” SC-6.03.K Add a paragraph 6.03.K to the Standard General Conditions as follows: K. Public liability insurance – CONTRACTOR and all SUBCONTRACTORS shall purchase and maintain public liability insurance providing coverage for liability arising out of death or personal injury to third parties (but not the contractor’s employees, who should be covered by worker’s compensation insurance) or damage to property belonging to third parties (but not the works, which is covered by the all risks insurance) prior to the works being taken over. SC-6.05.A & B Replace paragraphs 6.05.A and 6.05.B of the Standard General Conditions in their entirety with the following: 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: SUPPLEMENTARY CONDITIONS PAGE 5 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) 1. Include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, and 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, special peril, or risk of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and other such perils 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 ENGINEER’s, Engineer’s Consultants, Consultants, and specialists); 4. Cover materials and equipment in transit for incorporation in the Work or 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 Payment recommended by ENGINEER; and 5. 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. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 6.05 shall comply with the requirements of 6.07 Receipt and Application of Insurance Proceeds and 6.05.D Partial Occupancy or Use by Owner. SC-6.05.D Add the following to paragraph 6.05.D Partial Occupancy or Use by Owner of the Standard General Conditions: The property insurance shall contain no partial occupancy restriction for utilization of the Project by the OWNER for the purpose intended. SC-6.07 Replace paragraph 6.07 Receipt and Application of Insurance Proceeds of the Standard General Conditions in its entirety with the following: 6.07 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraphs 6.03 and 6.05 will be adjusted with CONTRACTOR and made payable to CONTRACTOR as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and or paragraph 6.07.B. CONTRACTOR 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 or Written Amendment. B. CONTRACTOR 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 CONTRACTOR’s exercise of this power. If such objection be made, CONTRACTOR 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, CONTRACTOR as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, CONTRACTOR as fiduciary shall give bond for the proper performance of such duties. SUPPLEMENTARY CONDITIONS PAGE 6 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) SC-7.01.B Add the following sentence to the end of paragraph 7.01.B of the Standard General Conditions: If during the performance of the Work, the Owner determines that the CONTRACTOR has provided an incompetent resident superintendent, the OWNER shall notify the CONTRACTOR in writing, and the CONTRACTOR shall replace said resident superintendent within ten days with a competent resident superintendent. SC-7.02.B Replace paragraph 7.02.B of the Standard General Conditions in its entirety with the following: 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, Monday through Friday. Regular working hours consist of up to 10 working hours within an 11-hour period between 7:00 a.m. and 6:00 p.m. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld, given after prior written notice to Engineer. SC-7.03.A Add a paragraph immediately after paragraph GC-7.03.A. which is to read as follows: 1. Where the Work requires equipment be furnished, due to the lack of standardization of equipment as produced by the various manufacturers, it may become necessary to make minor modifications in the structures, buildings, piping, mechanical work, electrical work, accessories, controls, or other work, to accommodate the particular equipment offered. CONTRACTOR's bid price for any equipment offered shall include the cost of making any necessary changes subject to the approval of ENGINEER. SC-7.03.B Add the following sentence at the end of the first sentence of paragraph GC-7.03.B: "All items of standard equipment shall be the latest model at the time of delivery." SC-7.04 Add a new paragraph after paragraph GC-7.04.E which is to read as follows: F. See Section 01630. SC-7.05 Add a new paragraph after paragraph GC-7.05.F which is to read as follows: G. See Section 01630. SC-7.11 Add the following language at the end of the second sentence of paragraph GC-7.11.A: "CONTRACTOR shall include accurate locations for buried and imbedded items." SC-7.16.A.3 At the end of paragraph 7.16.A.3, delete "variation." and add: "variation; otherwise CONTRACTOR will not be relieved of the responsibility of executing the Work in accordance with the Contract Documents, even though such Shop Drawings or Samples have been otherwise reviewed." Following paragraph GC-7.16.A.3., add the following paragraph: a. If a Shop Drawing or Sample, as submitted, indicates a variation from the Contract Requirements as set forth in the Contract Documents and ENGINEER finds same to be in the interest of OWNER and to be so minor as not to involve a change in the Contract Price or time for performance, ENGINEER may approve the Shop Drawings or Samples; provided however, such departure is slight in nature and does not affect the design concept of the Work. SUPPLEMENTARY CONDITIONS PAGE 7 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) SC-7.16.A.4 Add three new paragraphs immediately after GC-7.16.A.3. which are to read as follows: 4. CONTRACTOR shall submit all Shop Drawings and Samples sufficiently in advance of construction requirements to allow ample time for checking, correcting, resubmitting and rechecking and to avoid any delay in progress of the Work. 5. See Section 01300. 6. Shop Drawings and Sample submittals not conforming to requirements of this paragraph 7.16.A and Section 01300 will be returned to CONTRACTOR without action for resubmittal and the resulting delay shall be entirely the responsibility of CONTRACTOR. SC-7.16.B Add the word "required" to the first sentence of paragraph GC-7.16.B., immediately after the words "CONTRACTOR shall submit." At the end of paragraph GC-7.16.B.1., add the following paragraphs: c. Shop Drawings submitted as herein provided by CONTRACTOR and reviewed by ENGINEER for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by OWNER. d. When Shop Drawings are submitted for the purpose of showing the installation in greater detail, their review shall not excuse CONTRACTOR from requirements shown on the drawings and Specifications. SC-7.16.D.1 Add the word "required" to the first sentence of paragraph GC-7.16.D.1. immediately after the words "ENGINEER will provide timely review of". SC-7.16.D.4 Add the word "of required submittals" to the first sentence of paragraph GC-7.16.D.4. immediately after the words "ENGINEER's review and approval". SC-7.16.D.9 Add the following paragraph at the end of paragraph GC-7.16.D.8.: 9. ENGINEER's check and review of Shop Drawings and Samples, Standard Specifications and descriptive literature submitted by CONTRACTOR will be only for general conformance with design concept, except as otherwise provided, and shall not be construed as: a. permitting any departure from the Contract Requirements; b. relieving CONTRACTOR of the responsibility for any error in details, dimensions or otherwise that may exist in such submittals; c. constituting a blanket approval of dimensions, quantities, or details of the material or equipment shown; or d. approving departures from additional details or instructions previously furnished by ENGINEER. Such check or review shall not relieve CONTRACTOR of the full responsibility of meeting all of the requirements of the Contract Documents. SC-7.16.E.2 Replace paragraph 7.16.E.2 of the Standard General Conditions in its entirety with the following: SUPPLEMENTARY CONDITIONS PAGE 8 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) 2. ENGINEER will record time required by ENGINEER or Engineer’s Consultants for submittal review occasioned by CONTRACTOR’s resubmissions, in excess of one resubmission, of a required submittal, caused by unverified, unchecked or unreviewed, incomplete, inaccurate or erroneous, or nonconforming submittals. Upon receipt of Engineer’s accounting of time and costs, CONTRACTOR will reimburse OWNER for charges of ENGINEER or Engineer’s Consultants review for excessive resubmissions through setoffs from the recommended OWNER payments to CONTRACTOR as established in paragraph 15.01.E Reductions in Payment by Owner of the Standard General Conditions. SC-7.18.A Replace paragraph 7.18.A of the Standard General Conditions, in its entirety, with the following: A. To the fullest extent permitted by Law or Regulation, the CONTRACTOR shall indemnify, hold harmless, and defend the OWNER and its agents, architects, ENGINEER, Consultants, officers, agents, servants, employees, and each of them (hereinafter individually and collectively, the "Indemnitees") from and against any and all liability, claims, damages, injury of any kind or nature whatsoever (including death) and cost of defense to any person or property (including, without limitation, claims for injury to or death to any employee of CONTRACTOR, Subcontractor or Supplier) which result from, arise out of, or occur in connection with the execution of the Work, whether or not such claims are based upon actual or alleged active or passive negligence or wrongdoing of any Indemnities, except that the CONTRACTOR shall not be required to indemnify an Indemnitees against a claim or loss that is the result of the Indemnitee’s sole negligence or willful misconduct. CONTRACTOR shall indemnify all Indemnitees from and against all loss, cost, expense, liability, damage or injury, including legal fees, that Indemnitees may directly or indirectly sustain suffer or incur as a result thereof, and the CONTRACTOR agrees to and does hereby assume on behalf of Indemnitees the defense of any action at law or in equity which may be brought against Indemnitees by reason of such claim, and will pay on behalf of Indemnitees, upon their demand, the amount of any judgment that may be entered against Indemnitees or any of them in any such action. In the event that any such claims, loss, costs, expense, liability, damage or injury arise or are made, asserted or threatened against an Indemnitees for which the insurer of CONTRACTOR does not admit coverage, or if the OWNER deems such coverage to be inadequate, the OWNER shall have the right to withhold from any payments due or to become due to the CONTRACTOR an amount sufficient to protect Indemnitees from such claims, loss costs, expense, liability, damage or injury, including legal fees. The CONTRACTOR will require any and all subcontractors and supplier to conform with the provisions or this clause prior to commencing any work and agrees to insure this clause in conformity with Article 6. Bonds and Insurance, herein. SC-7.18.D, E & F Add the following after paragraph 7.18.C of the Standard General Conditions: D. For suits, actions, legal or administrative proceedings, claims, demands, damages, losses, penalties, fines, costs, and expenses caused by or resulting from the concurrent negligence of the OWNER and the ENGINEER, or the OWNER’s or ENGINEER’s agents or employees, and the CONTRACTOR or the CONTRACTOR’s agents or employees, in situations where liability for damages arises from claims of bodily injury to persons or damage to property, the preceding indemnity provision shall be valid and enforceable only to extent of the CONTRACTOR’s negligence. E. CONTRACTOR acknowledges that by entering into a contract with OWNER, CONTRACTOR has mutually negotiated the above indemnity provision with the OWNER. F. CONTRACTOR’s indemnity and defense obligations shall survive the termination or completion of the Work and remain in full force and effect until satisfied in full. SUPPLEMENTARY CONDITIONS PAGE 9 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) SC-8.01.D Replace paragraph 8.01.D of the Standard General Conditions in its entirety with the following: D. Other work anticipated to be performed at the site by others, prior to, during, and in sequence with the scheduled performance of the Work under these Contract Documents is described in Section 01041 – PROJECT COORDINATION. SC-9.02.B Add the following to paragraph 9.02 Replacement of Engineer of the Standard General Conditions: B. In such an event, work on the project shall temporarily cease until a new ENGINEER is appointed and on-site. SC-10.05 Add a new paragraph immediately after paragraph GC-10.05.D. which is to read as follows: E. The acceptance at any time of materials or equipment by or on behalf of OWNER shall not be a bar to future rejection if they are subsequently found to be defective, inferior in quality, or not equal to the material or equipment specified, or are not as represented to ENGINEER or OWNER. SC-10.10 Add the following paragraph at the end of Article 10 – ENGINEER’S STATUS DURING CONSTRUCTION of the Standard General Conditions: 10.10 Requests for Information A. In the event that the Contractor or subcontractor, at any tier, determines that some portion of the drawings, specifications, or other Contract Documents requires clarification or interpretation by the Owner, the Contractor shall submit a Request for Information in writing to the Owner. Requests for Information may only be submitted by the Contractor and shall only be submitted on the Engineer’s standard Request for Information Forms. The Contractor shall clearly and concisely set forth the issue for which clarification or interpretation is sought and why a response is needed from the Owner. In the Request for Information, the Contractor shall set forth an interpretation or understanding of the requirement along with reasons why such an understanding was reached. B. The Owner acknowledges that this is a complex project. Based upon the Owner's past experience with projects of similar complexity, the Owner anticipates that there will probably be some Requests for Information on this project. C. The Owner will review all Requests for Information to determine whether they are Requests for Information within the meaning of this term. If the Owner determines that the document is not a Request for Information, it may be returned to the Contractor, unreviewed as to content, for resubmittal on the proper form and in the proper manner. D. Responses to Requests for Information shall be issued within five working days of receipt of the request from the Contractor unless the Owner determines that a longer time is necessary to provide an adequate response. If a longer time is determined necessary by the Owner, the Owner will, within five working days of receipt of the request, notify the Contractor of the anticipated response time. If the Contractor submits a Request for Information on an activity with five working days or less of float on the current project schedule, the Contractor shall not be entitled to any time extension due to the time it takes the Owner to respond to the request provided that the Owner responds within the five working days set forth above. E. Responses from the Owner will not change any requirement of the Contract Documents. In the event the Contractor believes that a response to a Request for Information will cause a change to the requirements of the Contract Document, the Contractor shall immediately give written notice to the Owner stating that the Contractor considers the response to be a Change Order. Failure to give such written SUPPLEMENTARY CONDITIONS PAGE 10 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) notice immediately shall waive the Contractor's right to seek additional time or cost under the Changes article of these General Conditions. SC-11.02 Add the following new subparagraph after paragraph GC-11.02.A: 1. Change Proposal Request a. When OWNER requests CONTRACTOR to present a proposal to accomplish a change in the Work, the request will be made in the form of a Change Proposal Request (CPR) prepared by ENGINEER. The CPR will describe the change and request CONTRACTOR to propose a cost and Contract Time change. CONTRACTOR will propose cost and time changes, provide a breakdown for the costs, sign the CPR and return it to ENGINEER. ENGINEER will make recommendations to OWNER concerning acceptance. If the CPR is approved by OWNER, the CPR will be included in a Change Order. CONTRACTOR is not authorized to proceed with a change contained in a CPR until the Change Order is properly signed and issued. SC-11.05.C Add a new paragraph after paragraph GC-11.05.B which is to read as follows: C. No extension of the Contract Time will be allowed for additional Work or for claimed delay unless the additional Work contemplated or claimed delay is shown to be on the critical path of the Project's schedule of construction or CONTRACTOR can show by Critical Path Method analysis how the additional Work or claimed delay adversely affects the critical path. SC-11.07.A In the first sentence or paragraph 11.07.A of the General Conditions, delete the word “shall” and insert the word “may” in its place. SC-13.01.E Add a sentence to the end of paragraph 13.01.E Documentation: of the Standard General Conditions as follows: Supporting data shall include but not be limited to daily submissions of timesheets indicating hours and trades worked, equipment and time equipment was employed, and materials expended. SC-13.03.E Replace paragraph 13.03.E of the Standard General Conditions in its entirety the following: E. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. If the total cost of a particular item of Unit Price Work amounts to 15% or more of the Contract Price and the variation in the quantity of that 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. If there is no corresponding adjustment with respect to any other item of Work 3. If CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles OWNER to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. SC-14.02.D Add the following at the end of paragraph 14.02.D of the Standard General Conditions: See paragraphs 14.02.G and 14.02.H. SUPPLEMENTARY CONDITIONS PAGE 11 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) SC-14.02.G & H Add the following new paragraphs immediately after paragraph 14.02.F of the Standard General Conditions: G. Tests required by Contract Documents to be performed by an independent laboratory for CONTRACTOR shall be made by a laboratory licensed or certified in accordance with Laws and Regulations and applicable state and local statutes. In the event state license or certification is not required, meet following applicable requirements. 1. “Recommended Requirements for Independent Laboratory Qualification,” published by the American Council of Independent Laboratories. 2. Basic requirements of ASTM E329, “Standard General of Recommended Practice for Inspection and Testing agencies for Concrete and Steel as Used in Construction” as applicable. 3. Calibrate testing equipment at reasonable intervals by devices of accuracy traceable to either the National Bureau of Standards or accepted values of natural physical constants. H. The CONTRACTOR shall establish an inspection program and a testing plan acceptable to the ENGINEER and shall maintain complete inspection and testing records available to ENGINEER. SC-15.01.B.1 In the first sentence of paragraph 15.01.B.1 of the Standard General Conditions, after the phrase “At least 20 days before” delete the phrase “the date established in the Agreement for”. SC-15.01.C.1 In paragraph 15.01.C.1 of the Standard General Conditions, delete the word “Ten” and insert the word “Twenty-five” in its place. SC-15.01.E.1.e Replace paragraph 15.01.E.1.e of the Standard General Conditions, in its entirety, with the following: e. OWNER compensation to ENGINEER at an estimated average rate of $150 per each extra personnel hour for labor plus expenses because of the following CONTRACTOR-caused events: • Retesting defective Work; • Return visits to manufacturing facilities for shop testing or retesting; • Shop Drawing review in excess of two reviews by ENGINEER for substantially the same submittal; • Evaluation and implementation of CONTRACTOR-proposed substitutes or “or equal” items of equipment and in making changes to Contract Documents occasioned thereby; SC-15.07.A In paragraph 15.07.A of the Standard General Conditions, delete the word “appearing” and insert the word “discovered” in its place. SC-15.07.B Add the words "and/or ENGINEER" to the first sentence of paragraph SC-15.07.B. after the words "against OWNER". SC-16.02.B Delete Paragraph GC-16.02.B., in its entirety and substitute the following text: B. If one or more of the events identified in paragraph 16.02.A. occur, OWNER will provide written notice to CONTRACTOR and Surety to arrange a conference with CONTRACTOR and Surety to address CONTRACTOR's failure to perform the Work. Conference shall be held not earlier than 7 days, nor later than 15 days, after receipt of notice. If the OWNER, the CONTRACTOR, and the Surety do not agree to allow the CONTRACTOR to proceed to perform the Construction Contract, the OWNER may, to the extent permitted by Laws and Regulations, declare a CONTRACTOR Default and formally terminate the CONTRACTOR's right to complete the SUPPLEMENTARY CONDITIONS PAGE 12 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) Contract. CONTRACTOR Default shall not be declared earlier than 20 days after the CONTRACTOR and Surety have received notice of conference to address CONTRACTOR's failure to perform the Work. If CONTRACTOR's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of notice to CONTRACTOR that the services of CONTRACTOR have been terminated, or if Surety has taken over for CONTRACTOR and while prosecuting the Work in lieu of CONTRACTOR, any one or more of the events cited in 16.02.A.1. through 16.02.A.4. occur, then OWNER, without process or action at law, may take over any portion of the Work and complete it as described below. If OWNER completes the Work, OWNER may 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), 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 finish the Work as OWNER may deem expedient. Whether OWNER or Surety completes the Work, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from 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 so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. Neither OWNER, ENGINEER, nor any of their respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to CONTRACTOR or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefore. OWNER, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from CONTRACTOR or Surety for CONTRACTOR's failure to timely complete the entire Contract. CONTRACTOR shall not be entitled to any claim for damages on account of the method used by OWNER in completing the Contract. Maintenance of the Work shall continue to be CONTRACTOR's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. SC-16.04.A In the first sentence of paragraph 16.04.A of the Standard General Conditions, and after the words “OWNER fails for“, delete the phrase “30” and insert the phrase “60”. SC-16.04.B In the first sentence of paragraph 16.04.B of the Standard General Conditions, and after the words “OWNER fails for”, delete the phrase “30” and insert the phrase “60”. SC-18.10 Add the following paragraph at the end of ARTICLE 18 – MISCELLANEOUS of the Standard General Conditions: SUPPLEMENTARY CONDITIONS PAGE 13 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) 18.10 If any provision of portion of the Contract Documents is held unconstitutional, invalid or otherwise unenforceable the rest of the Contract Documents shall remain in full force and effect and shall in no way be affected, impaired or invalidated. In such an event, the Owner reserves the right at it sole option to declare the Contract void and to enter into negotiations with Contractor for a new Contract. SUPPLEMENTARY CONDITIONS PAGE 14 OF 14 SUPPLEMENTARY CONDITIONS 01-19-0006 (REXBURG WEST) END OF SUPPLEMENTARY CONDITIONS Construction Observation Imagine Sustainable Solutions to the Natural and Built Environments 3853 W. Mountain View Dr., Rexburg, ID 83440 |208-351-2824 |civilizedesign@gmail.com https://civilize-my.sharepoint.com/personal/bcrowther_civilize_design/Documents/Civilize/Proj/Neibaur Mitch/01-19-0006 12th West/400 Prelim/8000 Spec/Div 0 General/EJCDC C-940 Work Change Directive 2013 CME.docx Form 741-01 (July 2016; Revised June 2017) Copyright 2016 Civilize, PLLC. Work Change Directive No. Civilize Project No. 01-18-0006 Project Information: Date of Issue: Attention: You are hereby directed to promptly execute work described in this Work Change Directive issued in accordance with General Conditions Paragraph 11.01.A.2., which states, A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive.. You are directed to proceed promptly with the following change(s): Purpose for Work Change Directive: Authorization for Work described herein to proceed on Time and Materials basis or other mutually acceptable negotiated basis due to: Differing or unforseen subsurface or physical conditions (GC 4.04.B.2) Emergency affecting the safety or protection of persons or the Work or property at Site (GC 6.16). Nonagreement on pricing of Change Proposal Request No. Necessity to expedite Work described herein prior to agreeing on price and time changes Authorization for Work described herein to proceed and be charged against Misc. Work Allowance. Estimated increase or decrease in Contract Price and Contract Time If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents Unit Price Lump Sum Cost of the Work Contract Price: $ Increase Contract Time: Days Increase to Substantial Completion If the change involves an increase, the estimated amounts are not to be exceeded without further authorization. Recommendation and Acceptance ☒ Recommended ☐ Accepted Signature: Signature: Civilize Representative: Contractor Representative: Civilize Representative: Brent E. :"Husk" Crowther, P.E. City Representative: Brent E. :"Husk" Crowther, P.E. Distribution: File PM Resident Client Contractor Other Attention Effective Date Project Name: Rexburg West, Division No. 1 Owner’s Project No. Project Owner: 12th West Properties Owner Contact Contractor: Engineer Civilize, PLLC Item No. Description: Spec. No. Dwg. No. Imagining Solutions to the Natural and Built Environments 3853 W. Mountain View Dr., Rexburg, ID 83440 |208-351-2824 |civilizedesign@gmail.com CHANGE ORDER CHANGE ORDER-1 01-19-0006 (REXBURG WEST) Change Order No. Date of Issuance: Effective Date: Owner: 12th West Properties Owner's Contract No.: Contractor: Contractor’s Project No.: Engineer: Civilize, PLLC Engineer's Project No.: 01-19-0006 Project: Rexburg West, Division No. 1 Contract Name: The Contract is modified as follows upon execution of this Change Order: Description: Attachments: [List documents supporting change] CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] from previously approved Change Orders No. to No. : [Increase] [Decrease] from previously approved Change Orders No. to No. : Substantial Completion: $ Ready for Final Payment: days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for Final Payment: days or dates RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title : Title : Date: Date : Date : Approved by Funding Agency (if applicable) By: Date: Title: CHANGE ORDER CHANGE ORDER-2 01-19-0006 (REXBURG WEST) Construction Observation Imagine Sustainable Solutions to the Natural and Built Environments 3853 W. Mountain View Dr., Rexburg, ID 83440 |208-351-2824 |civilizedesign@gmail.com https://civilize-my.sharepoint.com/personal/bcrowther_civilize_design/Documents/Civilize/Proj/Neibaur Mitch/01-19-0006 12th West/400 Prelim/8000 Spec/Div 0 General/EJCDC C-942 Field Work Order 2013 CME.docx Form 741-01 (July 2016; Revised June 2017) Copyright 2016 Civilize, PLLC. Field Work Order No. Project No. 01-18-0006 Project Information: Date of Issue: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 11.01, which states, Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 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. You are directed to proceed promptly with the following change(s): Description Previous Communication Recommendation and Acceptance Distribution Civilize Representative: Brent E. :"Husk" Crowther, P.E. City Representative: Tyrell Simpson Distribution: File PM Resident Client Contractor Other Attention Effective Date Project Name: Rexburg West, Division No. 1 Owner’s Project No. Project Owner: 12th West properties Owner Contact Contractor: Engineer Civilize, PLLC Item No. Description: Spec. No. Dwg. No. Observations: Attachment: . Document Reference/No. Document Name 1. 2. ☐ Recommended ☐ Accepted Signature: Signature: Civilize Representative: Contractor Representative: Imagining Solutions to the Natural and Built Environments 3853 W. Mountain View Dr., Rexburg, ID 83440 |208-351-2824 |civilizedesign@gmail.com Imagine Sustainable Solutions to the Natural and Built Environments Civilize, PLLC | 3853 W. Mountain View Dr., Rexburg, ID 83440 | 208-351-2824 | civilizedesign@gmailcom