Document Minden_doc_93798b9acf

2025 Seeman Ranch Dog Park Contract Documents and Specifications for: TOWN OF MINDEN PWP # DO‐2025‐502 Town of Minden 1604 Esmeralda Ave. Minden, NV 89423 (775) 782‐5976 ---PAGE BREAK--- ---PAGE BREAK--- 2025 SEEMAN RANCH DOG PARK Town of Minden Table of Contents 2025 Seeman Ranch Dog Park Page i Document Reference TABLE OF CONTENTS AGREEMENT DOCUMENTS & SPECIFICATIONS FOR CONSTRUCTION BID DOCUMENTS Advertisement for Bids EJCDC C-111 Instructions to Bidders EJCDC C-200 Notice of Rights under Title VI Prevailing Wage Rates Douglas County DOUGLAS COUNTY RATES Bid Forms EJCDC C-410 Bid Bond Penal Sum EJCDC C-430 5% Subcontractor List Section 00 44 0 1% Subcontractor List Section 00 44 1 Bidder’s Qualification Statement Section 00 45 13.01 List of Proposed Subcontractors (Submitted with Bid) Section 00 45 13.02 List of Subcontractors (Submitted after Bad) Section 00 45 13.03 AGREEMENT DOCUMENTS Notice of Award EJCDC C-510 Agreement (Stipulated Price) EJCDC C-520 Notice to Proceed EJCDC C-550 Performance Bond EJCDC C-610 Payment Bond EJCDC C-615 Contractor’s Application for Payment EJCDC C-620 Certificate of Substantial Completion EJCDC C-625 Work Change Directive EJCDC C-940 Change EJCDC C-941 Field Work Order EJCDC C-942 GENERAL CONDITIONS General Conditions EJCDC C-700 SUPPLEMENTARY CONDITIONS Supplementary Conditions Exhibit A SPECIAL CONDITIONS Special Conditions Exhibit B TECHNICAL SPECIFICATIONS Technical Specifications Exhibit C ADDITIONAL TECHNICAL SPECIFICATIONS Additional Technical Specifications Exhibit D SPECIAL PROVISION Measurement & Payment Special Provision Exhibit E ---PAGE BREAK--- 2025 SEEMAN RANCH DOG PARK Town of Minden Table of Contents 2025 Seeman Ranch Dog Park Page ii STANDARD SPECIFICATIONS Specifications for Public Works Construction Sponsored by the Regional Transportation Commission Orange Book, 2016 Editions, As Amended. Available for download at http://rtcwashoe.wpengine.com/wp-content/uploads/2018/01/2016-Version-Revision-No.-9.pdf STANDARD PLANS Douglas County Design Criteria and Improvement Standards Par II: Engineering Design Criteria and Improvement Standards. Available for download at END OF SECTION ---PAGE BREAK--- TOWN OF MINDEN MINDEN, NEVADA 2025 Seeman Ranch Dog Park ADVERTISEMENT FOR BIDS The Town of Minden invites sealed bids for the project entitled 2025 Seeman Ranch Dog Park, to be received by Town of Minden, located at 1604 Esmeralda Ave, Minden, Nevada, 89423, until 10:00 am local time on Monday, September 22, 2025 at which time, the Bids received will be publicly opened and read. The Seeman Ranch Dog Park project aims at transforming a portion of the Seeman Ranch property into a safe, off-leash recreational space for dogs and their owners. The scope of work includes site preparation, the installation of secure fencing, and the addition of essential amenities such as landscaping, benches, water fountains, and pet waste stations. This initiative is designed to enhance local amenities, foster a stronger sense of community, and promote responsible pet ownership. A pre-bid conference will be held at 11:00 am local time on Tuesday, September 16, 2025 located in the Room, 1604 Esmeralda Ave, Minden, NV 89423. Plans and specifications may be examined and obtained at the following location: ENGINEER: Town of Minden 1604 Esmeralda Avenue Minden, Nevada 89423 ph: (775) 782-5976 fax: (775) 782-5287 Contract Documents are available electronically at no charge to interested Bidders, or with a non- refundable deposit of thirty dollars ($30.00) for each hard copy. Bidders shall contact Michelle Brown at the Town of Minden Office to request electronic or hard copies of the Contract Documents. Documents will be mailed to prospective bidders, if requested, for an additional non-refundable fee of twenty-five dollars ($25.00) for each set, to cover the cost of postage and handling. Bid security shall be furnished in accordance with the Instruction to Bidders. Execution of an Agreement and submittal of performance and payment bonds equal to 100% of the contract amount will be required within 10 days upon award of the contract, which is estimated to be made on Wednesday, October 1, 2025 at the Town Board Meeting to the lowest reasonable and responsible bidder. NRS 338.147 provides for a five percent bidder preference to bidders who establish that they qualify for the preference. The Town of Minden complies with all Civil Rights Laws including Title VI and ADA + + END OF ADVERTISEMENT FOR BIDS + + EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. SUGGESTED INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACTS Endorsed by ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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 EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 21 13 – Page i SUGGESTED INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS 2025 Seeman Ranch Dog Park Page ARTICLE 1 – Defined Terms 1 ARTICLE 2 – Copies of Bidding Documents 1 ARTICLE 3 – Qualifications of Bidders 1 ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program; Other Work at the Site 2 ARTICLE 5 – Bidder’s Representations 3 ARTICLE 6 – Pre‐Bid Conference 4 ARTICLE 7 – Interpretations and Addenda 4 ARTICLE 8 – Bid Security 5 ARTICLE 9 – Contract Times 5 ARTICLE 10 – Liquidated Damages 5 ARTICLE 11 – Substitute and “Or‐Equal” Items 5 ARTICLE 12 – Subcontractors, Suppliers, and Others 6 ARTICLE 13 – Preparation of Bid 6 ARTICLE 14 – Basis of Bid 7 ARTICLE 15 – Submittal of Bid 8 ARTICLE 16 – Modification and Withdrawal of Bid 8 ARTICLE 17 – Opening of Bids 9 ARTICLE 18 – Bids to Remain Subject to Acceptance 9 ARTICLE 19 – Evaluation of Bids and Award of Contract 9 ARTICLE 20 – Bonds and Insurance 10 ARTICLE 21 – Signing of Agreement 10 ARTICLE 22 – Protest by Bidders 10 ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 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. Town of Minden 1604 Esmeralda Ave. Minden, NV 89423 B. Owner – The Owner is defined as: Town of Minden 1604 Esmeralda Ave. Minden, NV 89423 C. Engineer – The Engineer is defined as: JD Frisby 1604 Esmeralda Ave. Minden, NV 89423 D. Bidder – further defined as one who is submitting a bid to complete the work as indicated in the plans and specifications. ARTICLE 2 – COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be obtained as stated in the advertisement or invitation to bid. 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 authorize or confer a license for any other use. ARTICLE 3 – QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid the completed Bidder’s Qualification Statement establishing its qualifications and including information such as general financial data, previous experience, principal personnel, performance history, and present commitments, and the following additional information: A. Evidence of Bidder’s authority to do business in the State of Nevada. B. If applicable, evidence of the Bidder’s valid Contractor’s license of a class corresponding to the Work required. C. Subcontractor and Supplier qualification information. It is the Bidder’s responsibility to provide information sufficient to establish that Bidder’s selected subcontractors and suppliers are qualified. ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications. 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications. ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights‐of‐ way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in 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. 3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: 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 subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 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 Site, 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 within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. E. 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. 4.04 Owner’s Safety Program A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any. ARTICLE 5 – BIDDER’S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D. if included in the bidding documents, carefully study all: 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 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. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and if applicable, the Site‐related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of the Work; the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and Bidder’s safety precautions and programs; F. certify, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid 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 bid and within the times required, 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. 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; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. certify that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required within the time required by the Bidding Documents. ARTICLE 6 – PRE‐BID CONFERENCE 6.01 A pre‐Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 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 Owner or Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven 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 effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents. 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 (determined by adding the base bid and all alternates) and in the form of a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released at the request of the Bidder. 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 consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. 8.03 The Bid security of other Bidders that 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 Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released at the request of the Bidders. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening at the request of the Bidders. ARTICLE 9 – CONTRACT TIMES 9.01 The number of days within which, or the dates by which, 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, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11 – SUBSTITUTE AND “OR‐EQUAL” ITEMS 11.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or‐equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or‐equal” ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post‐Bid approvals of “or‐equal” or substitution requests are made at Bidder’s sole risk. ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications) to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier, or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection. 12.03 Each bidder must submit a completed List of Subcontractors on the Form furnished with the completed Bid Form. The apparent low bidder, and any other bidder so requested, shall within two hours after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities (including the bidder) proposed for those portions of the Work for which such identification is required per NRS 338.141. If requested by Owner, 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, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.04 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, or other 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 subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13 – PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. A. All blanks on the Bid Form shall be completed in ink and the Bid Form 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, alternate, adjustment unit price item, and unit price item listed therein. ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.” 13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. If the corporation has a corporate seal, then 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. 13.03 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 partnership’s address for receiving notices shall be shown. 13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown. 13.05 A Bid by an individual shall be signed by the individual and show the Bidder’s name and address for receiving notices. 13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown. 13.07 All names shall be printed in ink below the signatures. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.09 Postal and e‐mail addresses and telephone number for communications regarding the Bid shall be shown. 13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. The number, if any, of the license issued to the Contractor by the State Contractor’s Board pursuant to chapter 624 of the NRS, shall also be shown on the Bid Form. ARTICLE 14 – BASIS OF BID 14.01 Lump Sum A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form 14.02 Base Bid with Alternates A. Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents and as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 14.03 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 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. 14.04 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions. 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 completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. 15.02 A Bid shall be received 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 a plainly marked package 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 package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the address indicated in the Advertisement for Bids. 15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same 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. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and 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, based upon the nature of the mistake, that Bidder may be disqualified from further bidding on the Work. 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, at Bidders request, 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 will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work. 19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid. 19.03 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner shall announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. C. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. 19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents or pursuant to NRS 338.141. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. 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 – BONDS AND INSURANCE 20.01 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. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21 – SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 22 – PROTEST BY BIDDERS 22.01 Any bidder may protest a pending bid award prior to award by Owner. The appellant must: A. Submit a written protest to the Owner within five workdays after the date the recommendation to award a contract is issued by Owner or its representative. B. Include, within the written protest, a statement setting forth with specificity the reason the person filing to protest believes the applicable provisions of law were violated. C. Post, with the written protest, a bond with a surety meeting the requirements identified in the Supplementary Condition and authorized to do business in this state to Owner who will hold the bond or security until a determination is made on the appeal. 1. The bond or other security shall be in the amount of 25% of the total dollar value of the protestor’s bid, up to a maximum bond or other security amount of $250,000.00. D. Not seek any type of judicial intervention until Owner has rendered its final decision on the protest and has awarded the contract. 22.02 Owner will stay award actions until after the Owner has responded in writing to the protest. If the appellant is not satisfied with the response, the appellant may then protest to the Douglas County Board of Commissioners, who will render a final decision for the Owner. No bid protests will be heard by the Board of Commissioners unless bidder has followed the protest process. 22.03 If the protest is upheld, the full amount of the posted bond or security will be returned to the protestor. If the protest is rejected, a claim may be made against the bond for expenses suffered by the Owner because of the unsuccessful appeal. ---PAGE BREAK--- EJCDC® C‐200 (Rev. Suggested Instructions to Bidders for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 22.04 Owner is not liable for any costs, expenses, attorney’s fees, loss of income, or other damages sustained by the protestor in a bid process. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- A APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non‐discrimination in Federally‐assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non‐discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non‐ discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non‐ discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The ---PAGE BREAK--- A contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. ---PAGE BREAK--- B APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Insert Agency Name Here will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, U.S.C, the Regulations for the Administration of Title VI Program, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non‐discrimination in Federally‐assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d‐4), does hereby remise, release, quitclaim and convey unto the Insert Agency Name Here all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Insert Agency Name Here and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Insert Agency Name Here, its successors and assigns. Insert Agency Name Here, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [and]* that the Insert Agency Name Here will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non‐discrimination in Federally‐assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended and that in the event of breach of any of the above‐mentioned non‐discrimination conditions, the Agency Name Here will have a right to enter or re‐enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) ---PAGE BREAK--- C APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the Insert Agency Name Here pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non‐ discrimination covenants, Agency Name Here will have the right to terminate the (lease, license, permit, etc.) and to enter, re‐enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non‐discrimination covenants, the Agency Name Here will have the right to enter or re‐enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Agency Name Here and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) ---PAGE BREAK--- D APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Agency Name Here pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non‐ discrimination covenants, Agency Name Here will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re‐enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non‐discrimination covenants, Agency Name Here will there upon revert to and vest in and become the absolute property of Agency Name Here and its assigns. * (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) ---PAGE BREAK--- E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non‐ discrimination statutes and authorities; including but not limited to: Pertinent Non‐Discrimination Authorities:  Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal‐aid programs and projects);  Federal‐Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);  Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);  The Civil Rights Restoration Act of 1987, (PL 100‐209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal‐aid recipients, sub‐recipients and contractors, whether such programs or activities are Federally funded or not);  Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131‐12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;  The Federal Aviation Administration's Non‐discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low‐Income Populations, which ensures Non‐discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low‐income populations;  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);  Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). ---PAGE BREAK--- 1 FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. ---PAGE BREAK--- 2 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 & b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action ---PAGE BREAK--- 3 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: Withholding progress payments; Assessing sanctions; Liquidated damages; and/or Disqualifying the contractor from future bidding as non- responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: ---PAGE BREAK--- 4 The number and work hours of minority and non- minority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs and of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; ---PAGE BREAK--- 5 (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met: The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is used in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [EMAIL REDACTED]. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [EMAIL REDACTED], refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary. The contracting officer must notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph ---PAGE BREAK--- 6 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; A contracting agency for its reprocurement costs; A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; A contractor's assignee(s); A contractor's successor(s); or A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section. ---PAGE BREAK--- 7 Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with ---PAGE BREAK--- 8 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or ---PAGE BREAK--- 9 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section. * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990. 3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; A contracting agency for its reprocurement costs; A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; A contractor's assignee(s); A contractor's successor(s); or A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under or this part; or d. Informing any other person about their rights under or this part. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; the prime contractor remains responsible for the quality of the work of the leased employees; ---PAGE BREAK--- 10 the prime contractor retains all power to accept or exclude individual employees from work on the project; and the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." ---PAGE BREAK--- 11 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.[PHONE REDACTED], and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * * ---PAGE BREAK--- 12 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph of this certification, 2 CFR 180.700 and 180.800; and Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily ---PAGE BREAK--- 13 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. ---PAGE BREAK--- 14 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph below. 2. The contractor shall place a job order with the State Employment Service indicating the classifications of the laborers, mechanics and other employees required to perform the contract work, the number of employees required in each classification, the date on which the participant estimates such employees will be required, and any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 1 2025 PREVAILING WAGE RATES NORTHERN NEVADA RURAL REGION (Carson City, Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey and White Pine) DATE OF DETERMINATION: October 1, 2024 APPLICABLE FOR PUBLIC WORKS PROJECTS OVER $100,000 BID/AWARDED OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2025 Pursuant to Nevada Revised Statutes (NRS) section 338.030(9)(a), “If the contract for a public work: Is to be awarded pursuant to a competitive bidding process, the prevailing wages in effect at the time of the opening of the bids for a contract for a public work must be paid until the completion or termination of the contract or for the 36 months immediately following the date on which the bids were opened, whichever is earlier.” For contracts not awarded pursuant to competitive bidding, please see NRS section 338.030(9)(b). However, if a project exceeds 36 months new wage rates may apply pursuant to NRS section 338.030(9)(10). Prevailing Wage Rates may be adjusted based on Collective Bargaining Agreements (CBA’s) and adjustments to those agreements. (See NRS 338.030) PREVAILING WAGE DETERMINATIONS - NRS 338.030 subsection 7, the wages so determined must be: Issued by the Labor Commissioner on October 1 of the odd-numbered year in which the survey was conducted and, except as otherwise provided in subsection 8, remain effective for 2 years after that date; and Made available by the Labor Commissioner to any public body which awards a contract for any public work. Senate Bill 243 passed during the 80th Nevada Legislative Session (2019) and set forth in NRS section 338.025, now requires the Labor Commissioner to calculate the Prevailing Wage Rates by region. NRS section 338.025 Prevailing wage regions. For the purpose of determining the prevailing rate of wages pursuant to NRS section 338.030, four prevailing wage regions are hereby established in this State as follows: 1. The Washoe Prevailing Wage Region consisting of Washoe County; 2. The Northern Rural Prevailing Wage Region consisting of Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Storey, Pershing and White Pine; 3. The Clark Prevailing Wage Region consisting of Clark County, and 4. The Southern Rural Prevailing Wage Region consisting of the counties of Esmeralda, Lincoln and Nye. OBJECTIONS TO PREVAILING WAGE DETERMINATIONS – NRS section 338.030 subsection 2. Objections to the Prevailing Wage Determinations must be submitted within 30 days after the Prevailing Wage Determinations are issued. Pursuant to NRS section 338.030 subsection 8, the Labor Commissioner will review the prevailing wage rates in each even-numbered year to determine if adjustments should be made. As Amendments/Revisions are made to the wage rates, they will be posted on the website for each respective Region. Please review regularly for any Amendments/Revisions that are posted or contact our offices directly for further assistance. OFFICE OF THE LABOR COMMISSIONER 1818 COLLEGE PARKWAY, SUITE 102 CARSON CITY, NV 89706 PHONE: (775) 684-1890 FAX (775) 687-6409 OFFICE OF THE LABOR COMMISSIONER 3340 WEST SAHARA AVENUE LAS VEGAS, NV 89102 PHONE: (702) 486-2650 FAX (702) 486-2660 EMAIL: [EMAIL REDACTED] STATE OF NEVADA JOE LOMBARDO GOVERNOR DR. KRISTOPHER SANCHEZ DIRECTOR BRETT K. HARRIS, ESQ. LABOR COMMISSIONER ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 2 Air Balance Technician 4 Alarm Installer 5 Boilermaker 6 Bricklayer 7 9 Cement Mason 10 Electrician – Communication Technician 11 Electrician - Lineman 12 Electrician – Neon Sign 14 Electrician - Wireman 15 Elevator Constructor 16 Fence Erector 18 Flagperson 19 Floor Coverer 20 Glazier 21 Highway Striper 23 Hod Carrier-Brick Mason 24 Hod Carrier – Plasterer Tender 25 Ironworker 27 Laborer 30 Lubrication And Service Engineer (Mobile And Grease Mechanical Insulator 32 33 Operating Engineer 36 Operating Engineer – Steel Fabricator & Operating Engineer – Piledriver 37 Painter 39 Piledriver (Non-Equipment) 41 Plasterer 43 Plumber/Pipefitter 44 Refrigeration 45 Roofer 46 Sheet Metal Worker 47 Soils and Material Sprinkler Fitter 48 Surveyor 49 Taper 50 Tile/Terrazzo Worker/Marble Mason Finisher 51 Tile/Terrazzo Worker/Marble Mason 52 Traffic Barrier 54 Truck Driver 55 Well Driller 57 Group Classifications Labor Group Classifications 58 Operating Engineers 62 ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 3 NRS section 338.010 subsection (25) “Wages” means: a) The basic hourly rate of pay; and b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker. NRS section 338.035 Bona Fide Fringe Benefits - Discharge of part of obligation of contractor or subcontractor engaged on public work to pay wages by making certain contributions in name of workman. “Bona fide fringe benefit” means a benefit in the form of a contribution that is made not less frequently than to an independent third party pursuant to a fund, plan or program: Which is established for the sole and exclusive benefit of a worker and his or her family and dependents; and For which none of the assets will revert to, or otherwise be credited to, any contributing employer or sponsor of the fund, plan or program. The term includes, without limitation, benefits for a worker that are determined pursuant to a collective bargaining agreement and included in the determination of the prevailing wage by the Labor Commissioner pursuant to NRS section 338.030. Please see NRS sections 338.010, 338.020, and 338.035 and Nevada Administrative Code (NAC) sections 338.0097 and 338.092 through 338.100 for further details on “Bona fide fringe benefits” and reporting requirements and exceptions. Job Descriptions for Recognized Classes of Workers Regarding job descriptions for public works projects, please take notice of the following: 1. The job description links have been redacted to include ONLY the scope of work for the craft. 2. Pursuant to NAC section 338.0095(1)(a) - A worker employed on a public work must be paid the applicable prevailing rate of wage for the type of work that the worker actually performs on the public work and in accordance with the recognized class of the worker. 3. The work description for a particular class is not intended to be jurisdictional in scope. 4. Any person who believes that a type of work is not classified, or who otherwise needs clarification pertaining to the recognized classes or job descriptions, shall contact the Labor Commissioner in writing for a determination of the applicable classification and pay rate for a particular type of work. 5. The job descriptions set forth or referenced herein supersede any, and all descriptions previously agreed upon by the Labor Commissioner in any settlement agreements or stipulations arising out of contested matters. 6. The following specific provisions, where applicable, shall prevail over any general provisions of the job descriptions: • Amendments to the prevailing wage determinations. • Group Classifications and/or descriptions recognized by the Labor Commissioner and included with wage determinations for a particular type of work in a particular county. Zone Rates The zone rate has been added to each applicable craft. Premium Pay Premium pay for hours worked in excess of a shift of 8 hours or 12 hours, or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 4 Craft: AIR BALANCE TECHNICIAN (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Air Balance Technician Air Balance Air Balance Technician-General ADD ZONE RATE In addition to AIR BALANCE rates add the applicable amounts per hour, calculated based on a road from the courthouse in Reno, Nevada: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 100 miles $5.00 Zone 3 Over 100 miles $10.00 the employee shall be provided reasonable lodging and meal expenses. ADD PREMIUM PAY All hourly rates are subject to Over Time (One and one half 1 ½) of the Regular rate: 1. For all hours worked over Eight Hours in one day or shift. 2. For the first Eight Hours work on Saturday. All hourly rates are subject to Double Time of the Regular Rate: 1. For all hours worked over Ten (10) Hours in one day or shift. 2. For all hours worked over Eight Hours on Saturday. 3. For all hours worked on Sunday, New Year’s Day, Memorial Day, Independence Day, Friday before Labor Day, Labor Day, Nevada Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas, and Christmas Day. RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Friday before Labor Day, Labor Day, Nevada Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas, and Christmas Day JOB DESCRIPTION: Excerpt from Sheet Metal Local 26 Collective Bargaining Agreement manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, alteration, repairing and servicing of all ferrous or nonferrous metal work and all other materials used in lieu thereof and of all HVAC systems, air veyor systems, exhaust systems, and air-handling systems regardless of material used including the setting of all equipment and all reinforcements in connection therewith; all lagging over insulation and all duct lining; testing and balancing of all air-handling equipment and duct work; the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches; metal exterior wall system, metal roofing; and all other work included in the jurisdictional claims of International Association of Sheet Metal, Air, Rail and Transportation Workers. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 5 Craft: ALARM INSTALLER (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Alarm JOB DESCRIPTION: Includes but is not limited to: 1. Installing or testing electrical protective signaling systems used to provide notification of fire, burglary or other irregularities on the premises of the subscriber of the system; 2. Installing of wiring and signaling units; 3. Repairing electrical protective signaling systems 4. Starting up, programming and documenting systems; ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 6 Craft: BOILERMAKER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Boilermaker ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. PER DIEM payments and TRAVEL pay shall be paid as follows: The Contractor shall pay the employee Per Diem in the amount of seventy-five dollars ($75 .00) per day worked where the job site is 70 miles or more but Jess than 120 miles from the dispatch point. For mileage of 120 miles or more, the daily Per Diem amount shall be ninety dollars ($90.00) per day worked . Where the job site is over 120 miles or more from the dispatch point, employees shall receive the I.R.S. maximum allowable per mile for transportation between the dispatch point and the job site at the beginning and conclusion of their employment. Where a job is located two hundred and forty (240) miles or more from the dispatch point, the employee will receive one additional day's Per Diem at the begi nning of employment and one additional day's Per Diem at the conclusion of employment. JOB DESCRIPTION: Includes but is not limited to: 1. Constructing, assembling, maintaining and repairing stationary steam boilers and boiler house auxiliaries; 2. Aligning structures or plate sections to assemble boiler frame tanks or vats; 3. Assisting in the testing of assembled vessels, directing cleaning of boilers and boiler furnaces; 4. Inspecting and repairing boiler fittings, including, without limitation, safety valves, regulators, automatic-control mechanisms, water columns and auxiliary machines. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 7 Craft: BRICKLAYER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Bricklayer Bricklayer Bricklayer General TRAVEL-SUBSISTENCE Section B. 1: Employees covered by this Agreement shall be entitled to receive the following expense payments for travel to and from projects located thirty-five (35) or more road miles from the Washoe County Courthouse in Reno: Zone 1 0 – 34 Road Miles Free Zone Zone 2 35 – 75 Road Miles $50.00 per day, seven days a week Zone 3 Over 75 Road Miles $80.00 per day 1(a) eighty-five ($85) subsistence per day, seven days per week, for the duration of the employee’s participation on the job; and IRS mileage reimbursement rate per road mile traveled in own transportation. ADD PREMIUM PAY Section A. Hours. The standard workday shall consist of eight continuous hours of work between the hours of 5:30 a.m. and 4:30 p.m., Section B. Overtime All work in excess forty (40) hours during the established work week shall be paid at the rate of one and one half (1-1/2) times the hourly base wage rate in effect. Employees will be paid one and one-half (1-1/2) times the hourly wage rate for all hours worked over eight in a single day, and double time (2x) after ten (10) hours in a single day. 1. Employees will be paid double time for hours worked on Union recognized Holidays. 2. Employees will be paid double time on Sundays. 3. Work performed on Saturday will be paid at one and one-half (1-1/2) times the regular wage rate, in accordance with Article XVII, Section D. Work performed on Saturdays in excess of eight hours shall be paid at double the applicable hourly rate. Section C. 1. The first shift shall be the regular day shift insofar as computing wage payments is concerned, and the first day shift shall work a regular eight-hour shift, with a one half-hour unpaid lunch period midway through the shift. The normal starting time for the first shift shall be between 5:30-10:00 a.m. 2. If two work shifts are established, the second shift shall consist of eight hours of continuous work, with a one half-hour unpaid lunch period midway through the shift. Employees working on the second shift shall receive eight hours times the basic straight time rate plus an additional fifty cents per hour for each of those eight hours. 3. If three work shifts are established, the third shift shall consist of seven hours of continuous work, plus one half-hour unpaid lunch period midway through the shift. Employees working on the third shift shall receive the basic straight time rate plus three dollars and twenty-five cents ($3.25) for each of those seven hours. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 8 4. Time worked in excess of seven hours on the third shift shall be paid at the appropriate overtime rate. RECOGNIZED HOLIDAYS Holidays. The Employer agrees to recognize the following holidays: New Year's Day, Presidents’ Day, Memorial Day, Fourth of July, Labor Day, Veterans’ Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day. Any holiday falling on a Sunday will be observed on the Monday following, and any holiday falling on a Saturday will be observed on the preceding Friday. JOB DESCRIPTION: Excerpt from Bricklayer and Allied Craftworkers Local Union No. 13 Collective Bargaining Agreement 1. BRICK MASONRY: Brick Masonry shall consist of, but not be limited to, the following work procedures and installation of the following materials: A. The laying of brick made from any material in, under or upon any structure or form of work where bricks are used, whether in the ground, or over its surface, or beneath water; in commercial and residential buildings, rolling mills, iron works, blast or smelter furnaces, lime or brick kilns; in mines or fortifications, and in all underground work, such as sewers, telegraph, electric and telephone conduits; including the installation of substitutes for brick such as all carbon materials, Karbate, Impervite or mixtures, all acid resistant materials, all terra cotta and porcelain materials, except where the foregoing materials are manufactured to substitute for tile as provided for under the category of Section 8, C, of this Code. B. All cutting of joints, pointing, cleaning and cutting of brick walls, fireproofing, blockarching, terra cotta cutting and setting, the laying and cutting of all tile plaster, mineral-wool, cork blocks and glass masonry, or any substitute for above materials, the laying of all pipe sewers or water mains and the filling of all joints on the same when such sewers or conduits are of any vitreous material, burnt clay or cement, or any substitute material used for the above purpose, the cutting, rubbing and grinding of all kinds of brick and the setting of all cut stone trimmings on brick buildings, and the preparation and erection of plastic, castables or any refractory materials. C. Cleaning, grouting, pointing, and other work necessary to achieve and complete the work under the foregoing categories; all waterproofing and black mastic waterproofing, silicone and/or substitutes sandwiched between masonry units in the interior of the wall. D. All terra cotta called unit tile in sizes over 6"x12" regardless of method of installation; all quarry tile over 9"x9"x1 1/4" in size; split brick or quarry tile or similar material if bedded and jointed with one operation. The bedding, jointing, and pointing of the above materials shall be the work of the craft installing same. E. All burnt clay extruded cellular products regardless of trade name or method of installation when used as a veneer on structures; all clay products known as terra cotta tile, unit tile, ceramic veneer and machine-made terra cotta and like materials in sizes larger than 6"x12", regardless of the method of installation. Where the preponderance of material to be installed is of the above size, and when material of lesser sizes is to be used in connection therewith, the bricklayers shall install all such materials. Brick paving comes under bricklayers' trade classification. F. The preparation, setup, calibration, operation, cleaning, and routine maintenance of any mechanical devices or robotics used to install masonry units and materials, or that otherwise assist the mason in performing any of the work described in Article II and Code 1 of the IU Constitution, as well as the preparation and ongoing maintenance of the work area to allow proper installation of masonry units and materials. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 9 Craft: CARPENTER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Carpenter Carpenter Carpenter General ADD ZONE RATE (Building and Heavy Highway and Dam Construction) In addition to CARPENTER rates add the applicable amounts per hour, calculated from the Washoe County Courthouse: Zone 1 Within 75 road miles $0.00 Zone 2 Between 75 to 150 road miles $6.00 Zone 3 Between 150 to 300 road miles $7.00 Zone 4 In excess of 300 road miles $8.00 ADD PREMIUM PAY Any work performed over eight hours per day and on Saturdays shall be compensated at time and one-half (1-1/2x) the appropriate hourly rate. All work performed on Sundays, holidays and over twelve (12) hours in one day shall be compensated at two times (2x) the appropriate hourly rate. In the event a day’s work is lost because of severe weather conditions or major mechanical breakdown, work may be performed on a voluntary basis on a Saturday at the straight time hourly rate for eight hours provided the straight time hours worked in one week do not exceed forty (40) hours. RECOGNIZED HOLIDAYS New Year's Day, Memorial Day, 4th of July, Labor Day, Admission’s Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day. JOB DESCRIPTION Excerpt from Southwest Regional Council of Carpenters and Affiliated Local Unions Master Labor Agreement All building construction, including but not limited to the construction, erection, alteration, repair, modification, demolition, addition, or improvement in whole or in part of any building structure. All rigging of Carpenters’, and Piledrivers’ materials. All heavy, highway and engineering construction, including but not limited to the construction, improvement, modification and demolition of all or any part of the streets, highways, bridges, viaducts, railroads, tunnels, airports, water supply, irrigation, flood control and draining systems, sewers and sanitation projects, dams, power houses, refineries, aqueducts, canals, river and harbor projects, wharves, docks, breakwaters, jetties, quarrying of breakwaters or rip rap stone or operations incidental to such heavy construction work and whether such work is above or below the water line level. The character of such work covered by this Agreement shall include but not be limited to all carpenter, concrete form work, shoring, drywall, metal stud, drywall finishing, plaster, scaffold, modular furniture, trade show work, insulation, acoustical, and lathing work on such construction, including but not limited to plastics and such work in connection with new methods of construction or use of materials. All interior and/or exterior wall finish work, including EIFS and other wet wall finish work. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 10 Craft: CEMENT MASON (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Cement Mason - Cement Mason - ADD ZONE RATE In addition to CEMENT MASON rates add the applicable amounts per hour, calculated from the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $6.00 Zone 3 150 to 300 miles $7.00 Zone 4 More than 300 miles $8.00 ADD PREMIUM PAY OVERTIME – Any worked performed over eight hours per day shall be compensated at time and one half the hourly rate. All work performed after twelve (12) consecutive hours shall be paid at double the hourly rate. All worked performed on Saturdays shall be compensated at time and one half the hourly rate. All Sunday and Holiday work shall be paid for at double time. RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Labor Day, Admissions Day, Thanksgiving Day and the following Friday following Thanksgiving Day, and Christmas JOB DESCRIPTIONS 1. All building construction, including but not limited to the construction, erection, alteration, repair, modification, demolition, addition, or improvement in whole or in part of any building structure. 2. All heavy, highway and engineering construction, including but not limited to construction, improvement, modification, demolition, of all or any part of streets and highways (including sidewalks, curbs and gutters), bridges, viaducts, rail roads, tunnels, airports, water supply, irrigation, flood control and drainage systems, sewers and sanitation projects, dams, power houses, refineries, aqueducts, canals, river and harbor projects, wharves, docks, breakwaters, jetties, quarrying of breakwater or rip-rap stone, or operation incidental to such heavy construction work. 3. The work to be performed by Cement Masons shall include but not be limited to the following, when tools of the Cement Masons trade are used or required: Setting screeds, screed pins, curb forms and curb and gutter forms, rodding, spreading and tamping concrete, hand application of curing compounds, applying topping (wet or dry) colors or grits; using Darby and push floats, hand troweling or hand floating; marking edging, brooming or brushing, using base cove or step tools; chipping, and stoning, patching or sacking; dry packing; spreading and finishing gypsum, operating mechanical finishers (concrete) such as Clary, Jackson, Bidwell Bridge Deck Paver or similar types; grinding machines; troweling machines, floating machines powered concrete saws; finishing of epoxy and resin materials, bush hammering and exposed finishes for architectural work. Operation of skill saw, chain saw, Laser Screed, Laser Level, Curb and Slipform machines, Epoxy Type Injection pumps, stamps or other means of texturing, any new devices, which are beneficial to the construction of or with concrete or related products. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 11 Craft: ELECTRICIAN COMMUNICATION TECHNICIAN (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Communication JOB DESCRIPTION: ELECTRONIC COMMUNICATION TECHNICIAN, includes but is not limited to: 1. Pulling cable, installing and trimming devices, terminating loops, circuits, or other data gathering points; 2. Termination of main control panels, racks, or other head end equipment, as well as testing of all circuits from the field devices to the main control panels and/or equipment; 2016-2017 Prevailing Wage Rates – Washoe County 13 3. Utilizing test equipment for the purpose of troubleshooting and verifying the integrity of the circuits in question; 4. Using hand tools to assemble and install data communication lines and equipment computer systems, antennas and towers; 5. Disassembling equipment to adjust, repair or replace parts using hand tools; 6. Starting up, programming and documenting systems; 7. Measuring, cutting, splicing, connecting, soldering and installing wire and cable associated with communication systems. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 12 Craft: ELECTRICIAN LINEMAN/GROUNDMAN/HEAVY EQUIPMENT OPERATOR (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Lineman-General Lineman-Equipment ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Nevada Day, Thanksgiving Day and the Friday following, Christmas Day. JOB DESCRIPTION: Outside, overhead and underground construction and maintenance work on electrical transmission lines, switch yards, substations and distribution systems which shall include: 1. Pole line work (whether built of wood, metal or other material): the digging and back-filling of holes for poles or anchors (by hand or mechanical equipment): the loading or unloading, handling, sorting and moving of materials; the assembly or erection of all materials including the guying, stringing of conductors and fiber optics or other work necessary on through to the ultimate completion of such pole work. 2. Steel or metal structures used for the purpose of carrying electrical wire, conductors, or equipment (this includes transmission towers, outdoor substations, switch racks, or similar electrical structures); the moving of men, tools or equipment; the loading or unloading, handling, sorting and moving of materials; the assembly and erection of all materials used on the job site, including the assembly of the grillage and foundations, on through to the ultimate completion of such structures. Work covered shall include the grounding of all such structures except the bonding of stub-angle to rebar cage; the stringing and installation of wires, cables and insulators or other electrical equipment suspended from structure; also the handling and placing of transformers or O.C.B.'s and other related electrical equipment. The moving of men, tools or equipment; the loading or unloading, handling, sorting and moving of materials; the assembly of all electrical materials on race-ways such as ducts, shall be performed by workmen under the Agreement. This shall also include CIC (cable in conduit), CC (coiliable conduit), the placing of fish wire, the pulling of cables or wires through such race-ways, installing and making up of termination and the splicing of such conductors. Street lighting systems where such work properly comes under the outside jurisdiction shall be handled in the same manner as pole line construction. Installing and maintaining the catenary and trolley work and bonding of rails shall be handled in the same manner as pole line, and steel construction. In connection with all of the above items, it is understood the scope of this Agreement shall include not only new installation work but shall also govern the repair, maintenance or dismantling of such structures, lines or equipment; the handling and operating of all equipment used to transport men, tools and/or ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 13 materials on the job site as well as the equipment used to move, raise or place materials used in the Outside Branch of the Electrical Industry shall be performed by workmen under this Agreement unless otherwise excluded herein. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 14 Craft: ELECTRICIAN – NEON SIGN (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Electrician Neon Sign Electrician Neon Sign Electrician Neon Sign Truck Foreman supervising or ADD PREMIUM PAY One and one half (1 ½X) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift, either before or after the shift. 2. For up to 8 hours worked on Saturday from midnight to midnight. Double (2X) the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over eleven (11) hours in one day or shift, Monday thru Friday. 2. For all hours worked in excess of 8 hours on Saturday, Sundays or Holidays. SHIFT DIFFERENTIAL Second Shift (Swing) will be an additional $1.25 cents per hour. Third Shift (Graveyard) will be an additional $1.50 per hour. HIGH TIME (Working at heights) 1. All employees working at height of 65 feet and subject to a direct fall shall be paid an additional $2.75 per hour in addition to their normal rate for a minimum of 2 hours. 2. All employees working at height of 125 feet or when repelling below 65 feet shall be paid an additional $4.00 per hour in addition to their normal rate for a minimum of 4 hours. FOREMAN/TRUCK FOREMAN 1. First employee on the job (TRUCK FOREMAN) must have a CDL and Welder certification and shall be paid $2.00 per hour in addition to their normal rate of pay. 2. When the first employee on the job (FOREMAN) is supervising or more workers, he or she shall be paid an additional $2.50 per hour. In addition to their normal rate of pay. 3. When the first employee on the job (TRUCK FOREMAN and FOREMAN) has a CDL and Welder certification and is supervising or more workers, he or she shall be paid an additional $4.50 per hour. In addition to their normal rate of pay. RECOGNIZED HOLIDAYS New Year’s Day, Martin Luther King Day, President’s Day unpaid holiday; double time for any hours worked, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve ½ day (4 hours) unpaid holiday; straight time for first four hours worked and double time for hours worked after four hours, Christmas Day. JOB DESCRIPTION Includes but is not limited to: 1. Installing, servicing and repairing plastic, neon and illuminated signs. 2. Ascending ladders or operating hydraulic or electric hoist to install, service, or examine sign to determine cause of malfunction. 3. Wiring, rewiring or removing defective parts and installing new parts using electrician's tools. 4. Removing sign or part of sign for repairs, such as structural fabrication, scroll repair, or transformer repair. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 15 Craft: ELECTRICIAN WIREMAN (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Wireman-Cable Wireman Wireman General ADD ZONE RATE In addition to ELECTRICIAN-Wireman, rates, add the applicable amounts per hour, calculated from Washoe County Courthouse, Reno Nevada: Zone 1 0 to 70 miles $0.00 Zone 2 70 to 90 miles $8.00 Zone 3 90 miles and over $10.00 ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For the first eight hours worked on Saturday Double the regular straight time hourly rate shall be paid for all time: 3. For all hours worked over ten (10) hours in one day or shift. 4. For any hours worked on Sunday 5. For any hours worked on Holidays Shift Rates 1. Swing shift to be paid at seventeen-point three (17.3) percent the regular straight time rate for hours between 4:30 p.m. and 1:00 a.m. 2. Graveyard shift to be paid at thirty-one-point four (31.4) percent the regular straight time rate for hours between 12:30 a.m. and 9:00 a.m. 3. Shifts are established for at least five consecutive days or double the regular straight time rate shall be paid. **Note – Double the straight time rate is the max rate paid. (No pyramiding of overtime rates) RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Labor Day, Admission Day, Veteran’s Day, Thanksgiving Day, Friday following Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between NECA and Local Union 401, IBEW All electrical construction, installation, or erection work including fabrication or prefabrication of boxes, brackets, bends and nipples and all electrical maintenance thereon including the final running tests. This shall include the installation and maintenance of temporary wiring and the installation of all electrical lighting, heat and power equipment, installation of all raceway systems, including underground conduits and all supports, underground utility conduits, photovoltaic power generation systems, wind power generation systems and geothermal power generating systems. Further all salvage of electrical work shall be included. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 16 Craft: ELEVATOR CONSTRUCTOR (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Elevator Constructor-Journeyman Elevator Constructor-Journeyman Mechanic In ADD PREMIUM PAY Work performed on Construction Work on Saturdays, Sundays and before and after 30 the regular working day on Monday to Friday, inclusive, shall be classed as overtime, and paid for at double the rate of single time. RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement of International Union of Elevator Constructors Local 8. The handling and unloading of all equipment coming under the jurisdiction of the Elevator Constructor, from the time such equipment arrives at or near the building site, shall be handled and unloaded by the Elevator Constructors. Mechanical equipment such as a forklift or truck mounted swing boom may be used by the Elevator Constructors. A derrick, crane or material hoist can be used under the supervision of Elevator Constructors to handle and unload the heavy material described in Par. 5(a). Where unusual conditions are expected to exist prior to delivery of equipment at or near the building site in regard to handling and unloading of equipment in the primary or secondary jurisdiction of the local union, the Company shall contact the Local’s Business Representative to make appropriate arrangements for the handling and unloading of such equipment. In areas outside the jurisdiction of the local union, the Company shall contact the Regional Director. The erecting and assembling of all elevator equipment to wit: electric, hydraulic, steam, belt, dumbwaiters, residence elevators, parking garage elevators (such as Bowser, Pigeon Hole, or similar types of elevators), shuttles, compressed air and handpower, automatic people movers, monorails, airport shuttles and like-named devices used in the transportation of people for short distances of travel (less than 5 miles), as well as vertical reciprocating conveyor systems. It is understood and agreed that the preassembly of all escalators, moving stairways and link belt carriers that may be done in the factory shall include the following: 1. Truss or truss sections with tracks, drive units, machines, handrail drive sheaves, drive chains, skirts on the incline sections but not curved sections, step chains and steps installed and permanently aligned. 2. Balustrade brackets may be shipped attached but not aligned. 3. Setting of all controllers and all wiring and conduit from the controller. All other work on escalators, moving stairways and link belt carriers shall be performed in the field before or after the truss or truss sections are joined and/or hoisted and placed in permanent position. This includes any and all work not done in the factory. The erecting and assembly of all theater stage and curtain elevator equipment and guides and rigging thereto, organ consoles and orchestra elevators ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 17 All wiring, conduit, and raceways from main line feeder terminals on the controller to other elevator apparatus and operating circuits. Controllers are not to be shipped from the factory with extended wiring attached thereto. The erecting of all guide rails. The installation of all grating under the control of the Company. The installation of all counterweight screens, overhead work, either wood or iron, and all material used for mounting of elevator apparatus in machine room, overhead or below. The drilling of overhead beams for attaching machines, sheaves, kick angles, and all other elevator equipment. The setting of all templates. All foundations, either of wood or metal, that should take the place of masonry. The assembly of all cabs complete. The installation of all indicators. The erecting of all electrical or mechanical automatic or semi-automatic gates complete. The hanging of all automatic or semi-automatic elevator hoistway doors, together with the installation of hangers and tracks. The installation of all devices for opening and closing and locking of elevator car and hoistway doors and gates. The drilling of doors for mounting of closing devices. The drilling of angle supports for mounting of closing devices except one template hole. The drilling of sills for sill trips. The operating of temporary cars. The setting of all elevator pressure open or pit tanks. The setting of hydraulic power units (power units include: motor, pump, drive valve system, internal piping, muffler, internal wiring, controller and tank). Where power units arrive in parts, they shall be assembled at the job site. The wiring and piping to and between multiple hydraulic power units shall be performed at the job site. All air cushions with the exception of those built of brick or those put together with hot rivets. Landing door entrances. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 18 Craft: FENCE ERECTOR (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Fence ADD ZONE RATE In addition to FENCE ERECTOR rates add the applicable amounts per hour, calculated based on a road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $6.00 Zone 3 150 to 300 miles $7.00 Zone 4 300 miles or over $8.00 No remote area pay shall be paid within ten (10) miles of employee’s permanent place of residence in the State of Nevada. ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Admission Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Includes but is not limited to: 1. Erecting or repairing chain link, wooden, tortoise, wire/wire mesh, or temporary fencing; 2. Mixing and pouring concrete around bases of posts and tamping soil into post hole to embed post; 3. Digging post holes with a spade, post hole digger or power-driven auger; 4. Aligning posts through the use of lines or by sighting; 5. Verifying vertical alignment of posts with a plumb bob or spirit level. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 19 Craft: FLAG PERSON (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Flag ADD ZONE RATE In addition to FLAG PERSON add the applicable amounts per hour, calculated based on a road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $6.00 Zone 3 150 to 300 miles $7.00 Zone 4 300 miles or over $8.00 No remote area pay shall be paid within ten (10) miles of employee’s permanent place of residence in the State of Nevada. ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Admission Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION FLAG PERSON, includes but is not limited to: 1. Directing movement of vehicular traffic through construction projects. 2. Distributing traffic control signs and markers along site in designated pattern. 3. Informing drivers of detour routes through construction sites. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 20 Craft: FLOOR COVERER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Floor Coverer Floor Coverer ADD PREMIUM PAY Any work performed over eight hours per day and on Saturdays shall be compensated at time and one-half (1-1/2x) the appropriate hourly rate. All work performed on Sundays, holidays and over twelve (12) hours in one day shall be compensated at two times (2x) the appropriate hourly rate. In the event a day’s work is lost because of severe weather conditions or major mechanical breakdown, work may be performed on a voluntary basis on a Saturday at the straight time hourly rate for eight hours provided the straight time hours worked in one week do not exceed forty (40) hours. RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Labor Day, Admissions Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Southwest Mountain States Regional Council of Carpenters. All work in connection with the installation of floor coverings (with the exception of wood floors which are covered by the Master Labor Agreement) such as measuring, cutting, installing, or removal and other preparation for installation of all types of floor covering. All types of floor covering regardless of material (except wood flooring), including but not limited to all types of carpeting, linoleum, vinyl, cork, laminate floors; glue down wood floor applications; rubber, cork, asphalt, linoleum or other types of tile; artificial turf and sports surfaces; any type of resilient flooring such as epoxy, polyurethane or similar materials regardless of how applied; and ceramic tile and stone. Included in the work covered is the application or installation of any type of moisture barrier and any type of underlayment or subfloor in connection with a flooring installation. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 21 Craft: GLAZIER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Glazier Glazier Glazier ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For first two hours worked over eight on a regular five day week. 2. For all hours worked on Saturday. Employees shall not work less than four hours. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked beyond ten (10) hours shall be paid at two (2 X) times the straight time rate. 2. For all hours worked on Saturday beyond 8 hours (2 X) times the straight time rate. 3. For hours worked Sunday and Recognized Holidays. Employees shall not be employed for less than four hours. *Also, if there is less than 10 hours between shifts, the 2nd shift becomes an extension of the 1st shift. *Shift Differential: To be paid for all work performed between the hours of 5:30 pm to 5 am and it will be compensated at 10% differential for all hours worked including overtime. Overtime that falls between these hours will still be paid at the appropriate overtime rate. 20.1 High Pay – work that is thirty (30) or more feet in height above grade on an elevated, mechanically operated platform (including but not limited to: swing stage, boatswain chair, crane basket, heck lift, boom lift), rappelling work, work at slab edge outside the perimeter safety cable or work at slab edge inside the perimeter safety cable if the work being performed puts the employee in a free fall situation because the perimeter safety cable is no longer at or near waist level shall be paid at the rate of one dollar ($1.00) per hour above the straight time rate for actual hours worked. High time shall be paid in addition to all other premiums involved. 25.2 Foremen: a) The selection of the individual to act as foreman shall be at the discretion of the Employer. On outside jobs lasting three days or more and which four workers or more are employed, one foreman will be designated and he shall be paid ten percent (10%) per hour over the highest journeyman Glazier supervised. Inside foreman shall receive ten percent (10%) per hour above the journeyman’s wage scale. b) When a glazier is requested to perform welding on the job site, he/she will be compensated one dollar ($1.00) over his regular rate of pay. All equipment, including hoods, leather and gloves, will be supplied by the Employer. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between DC 16 and Glazing Contractors Associations of NV and Independent Contractors General Glazing shall include the layout and setting by hand or with machines, cutting, preparing handling or removal of the following and incidental and supplemental to such work: setter of art glass, prism glass, ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 22 beveled glass, leaded glass, automobile glass, window glass, mirrors of all types, wire glass, ribbed glass, ground glass, colored glass, figured glass, vitrolite glass, carrara glass, and all other types of opaque glass; glass chalk boards, structural glass, tempered and laminated glass, thiokal, neoprene and all other types of glass cements, all types of insulating glass units, solar heat collectors containing glass or glass substitutes, glass hand rail, electric glass, bathroom fixtures, all plastics when used in place of glass, all other similar materials when used in place of moldings, tubber, lead and all types of mastic in wood, iron, aluminum or sheet metal, sash skylights, doors, frames, stone, wall cases, show cases, books cases, sideboards, partitions, automatic doors, automatic sliding doors, revolving doors, luminous ceilings, gaskets, and plastic mirrors, the installation of the above materials, temporary or permanent, on or for any building in the course of repair, remodel, construction or alteration. The installation of all glass framing or support systems for the same such as extruded, rolled or fabricated metals or any materials that replace the same, such as plastics, metal tubes, mullions, metal facing materials, muttins, facia trim moldings, porcelain panels, skylights, showcase doors and relative materials, including those in any or all of the buildings related to the store front and window wall, curtain wall, stop wall, skylight and dome construction. Glazing and installation of door and window frames, such as patio sliding or fixed doors, vented or fixed windows, shower doors, bath tub enclosures, screens storm stash where the glass becomes an integral part of the finished products, the tinting and coating of glass for the reflecting of heat and light, showcase tops, glass shelving of all types and table tops. In addition, such caulking, glass to glass, glass to metal, metal to concrete and panel to panels. Production, maintenance, including all incidental and supplemental to, but not limited to Employees, and Employees who are engages int eh cutting, preparing, handling and selecting of glass and /or mirror, bevellers, silverers, blockers, scratch polishers, sand-blasters, flat glass wheel cutters, miters cutters, engraver, hole-drilling machine operations, belt sanding, automatic beveling, multi-grove edging machines, semi- and automatic-cutting machines, grinding, polishing unpacking ad racking or glass, glass packing, glass and mirror cleaning, mirror stripping, all operations in the manufacturing, framing and fabrication and assembling of all insulating units, assembling of all glass insulated solar heat collectors containing glass or glass substitutes, molding or mirrors, manufactured and assembly of sliding glass or mirror doors, the operating of all machines and equipment for these operations, oven operations, glass hangers, glass benders and operators, safety glass fabricators, inspectors, janitors, maintenance mechanics, loading and unloading or truck and railroad cars. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 23 Craft: Highway Striper (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Highway Highway Striper ADD ZONE RATE In addition to HIGHWAY STRIPER rates add the applicable amounts per hour, calculated based on a road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $6.00 Zone 3 150 to 300 miles $7.00 Zone 4 300 miles or over $8.00 No remote area pay shall be paid within ten (10) miles of employee’s permanent place of residence in the State of Nevada. ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, Memorial Day, 4th of July, Labor Day, Admission Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Includes but is not limited to: 1. Painting highways, streets and parking surfaces by using manually propelled or mechanically propelled machines, brushes, rollers or spray guns; 2. Installing any device or application of any material used in lieu of paint for traffic direction, including, without limitation, buttons, tapes, plastics, rumble bars and other similar materials; ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 24 Craft: Hod Carrier-Brick Mason Tender (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Brick Mason Brick Mason ADD ZONE RATE In addition to Hod Carrier Brick Mason Tender rates add the applicable amounts per hour, calculated based on road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone Rate 75 miles and over $8.13 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Admission Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between No, NV Masonry Contractors and LIUNA Local 169 Conveying of all materials used by the Brick and Stone Masons from the first point of delivery to the Mechanic whether done manually or by a piece of machinery or equipment devised to replace the wheelbarrow or buggy, including but not limited to the forklift. The handling of Bricks, Blocks, mortar, or any other material to serve the bricklayer in any capacity building and dismantling scaffolds of any kind or type used by Bricklayers for masonry work including but not limited to tower scaffolds, access scaffolds, or other specialty scaffolds, mixing and tempering mortar by hand and/or machine, mixing grout and cleaning up after the bricklayer, the repairing and maintenance of all equipment, either on the job or in the yard. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 25 Craft: Hod Carrier-Plasterer Tender (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Plasterer Plasterer Tender- Gun Plasterer ADD ZONE RATE In addition to: HOD CARRIER-PLASTERER TENDER rates add the applicable amounts per hour, calculated based on road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone Rate 75 miles and over $8.00 ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Admission Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between Plasterers Contractors and LIUNA Local Union 169 Any Employee within the scope of this division tending or serving any other worker performing plasterers work, any plasterer, plasterers, or apprentices in any capacity performing plasterers work including but not limited to, handling and conveying of all materials after delivery used by plasters, including but not limited to, inside finish coat, outside finish coat, brown coat, scratch coat, sprayed or trawled on fireproofing, EIFS systems, and other materials or systems for the same or similar purpose whether done manually or by a piece of machinery or equipment devised to replace the wheelbarrow or buggy, including but not limited to the forklift, tusky hoist, and rigging and signaling for cranes to the point or points of application or installation, making mixing and preparing after delivery all materials used by plasters, whether by hand or machine including but not limited to mixers, pumps for plaster or fire proofing, plaster, finish coats, fireproofing, including Monocoat, Cafco or other materials for the same or similar use, moving any rolling scaffolding, building and handling all necessary trestle, scaffolding and planking of scaffolding for plasterers and lathers, building mortar boxes, mortar boards and stands, and the repairing and maintenance of all equipment either on the job or in the yard, the spreading of all temporary protective drop cloths, building paper or plastic covers and taping of same (in a composite crew with the plasterers when necessary), the cleaning of all floors, and debris, behind the plasterers or any other worker performing plasterers work in connection with the work performed all work necessary for cold weather protection and cure including but not limited to handling installing or tending to blankets, visqueen, and space heaters, and running putty. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 26 Tending to plasterers or any other worker performing plasterers work on EFIS system work shall include all work after the wallboard is installed including but not limited to any preparatory sealing or leveling, placing foam, mesh, and plaster including any rough, finish, and color coats. For sprayed on fire proofing work only, including Monocoat, Cafco or other materials for the same or similar use an Employer signatory to this Agreement and the Local 169, Laborers Master Agreement may employ Laborers at the Group 1 wage rate to perform overspray protection, the spreading of all temporary protective drop cloths, building paper or plastic covers and taping of same, the cleaning of all floors, and debris, cold weather protection and cure including but not limited to handling installing or tending to blankets, visqueen, and space heaters and moving rolling scaffolding. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 27 Craft: Ironworker (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes SEE AMENDMENT 1 Ironworker - Ironworker - ADD ZONE RATE In addition to lron Worker rates add the applicable amounts per day, calculated based on a road mile from the Reno City Hall or Las Vegas City Hall. Zone 1 60 to 75 miles $20.00 Zone 2 75 to 100 miles $25.00 Zone 3 100 miles and over $75.00 ADD PREMIUM PAY One and one half (1X) the regular straight time hourly rate shall be paid: 1. For the first two hours worked in excess of eight on a regular workday Monday-Friday 2. For the first eight hours on Saturday Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over ten (10) hours in one day or shift. 2. For any hours worked on Sunday. 3. For all hours worked over eight on Saturday 4. For all hours worked on Holidays Shift Pay 1. 2nd shift add 6% of hourly wage 2. 3rd shift add 13% of hourly wage 3. Dedicated shift add 6% of hourly wage RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Admission (Nevada) Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB CLASSIFICATION: Excerpt from Agreement between NV AGC and DC of Ironworkers Field fabrication and/or erection or deconstruction of structural, ornamental and reinforcing steel, including but not limited to the fabrication, rigging and signaling, erection and construction of all iron and steel, ornamental lead, bronze, brass, copper and aluminum, plastics and all other substitute materials, including, but not limited to, composites, carbon fiber and fiberglass, all barrier railings, handrail, aluminum, steel, glass and plastic, reinforced concrete structures or parts thereof; bridges, viaducts, inclines, dams, docks, dredges, vessels, locks, gates, guides, aqueducts, reservoirs, spillways, flumes, caissons, cofferdams, subways, tunnels, cableways, tramways, monorails, blast furnaces, stoves, kilns, coolers, crushers, agitators, pulverizers, mixers, concentrators, ovens, cupolas, roof decking such as but not limited to “Cofar”, “Trusdeck”, Mahon smoke conveyors, penstocks, flag poles, drums, shafting, shoring, fur and storage rooms, fans and hot rooms, stacks, bunkers, conveyors, dumpers, elevators, vats, tanks, enamel tanks, enamel vats, towers, pans, hoppers, plates, anchors, caps, corbels, lintels, Howe and combination trusses, grillage and foundation work, grating, bucks, partitions, hanging ceilings, hangers, clips, brackets, flooring, floor construction and domes, rolling shutters, curtains, frames; aluminum, rolling fire, won and iron doors, including supports; cast tiling, air ducts, duct and trench frames and plates; wire work, railings, wire cable including pipe, guards, fencing, grill work, sidewalk and vault ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 28 lights, skylights, roofs, canopies, light steel framing, marquees, awnings and other related equipment elevator and dumb waiter enclosures, elevator cars, tracks, fascias, aprons, operating devices, steel and aluminum sash, hardware and screens, frames, fronts, lockers, racks, book stacks, tables, shelving, metal furniture, seats, chutes, escalators, stairways including pre-engineered stairs, ventilators, boxes, fire escapes, signs, jail and cell work, safes, vaults, vault doors, safe deposit boxes, corrugated sheets when attached to steel frames, including insulation; frames in support of boilers; materials altered in field such as framing, cutting, bending, drilling, burning and welding including by acetylene gas and electric machines; metal forms and false work pertaining to concrete construction; seismic isolation systems and dampening systems including base isolators, sectional water tube and tubular boilers and stokers; traveling sheaves, vertical hydraulic elevators, bulkheads, skip hoists, making and installation of articles made of wire and fibrous rope, rigging in connection with pumps, compressors, forced and induced draft fans, air meters, Bailey meters, agitators, oxygen converters, cindering machines, pelletizing machines, reactor vessels, reactor spheres, completed tanks and assembled sections of completed tanks, scroll cases, refineries, hydroelectric power houses and steam plants, cogeneration plants, vessels and government departments; false work, travelers, scaffolding, pile drivers, sheet piling, derricks and powered derrick swinger including the erection, installation, handling and operating. Cranes erection, installation, handling and operating of same on all forms and types of construction work. The operation of Valla and Spider type battery and/or propane powered portable floor cranes having no operator seat utilized to install ironworker scope of work and the same on all forms and types of construction work. Crane work at the ports, including hammer-head cranes, container cranes and rubber tire cranes. Offloading, relocations, and commissioning of all burning and removal of sea bracing track layout; erection of apex boom extensions, back reach extensions, and rail replacement. Includes all welding, containment and structural modifications of the aforementioned items; railroad bridge work including maintenance thereof; moving, hoisting and lowering of machinery, modules, skid modules and placing of same on foundation, including bridges, cranes, intermittent use forklifts, derricks, buildings, piers and vessels; loading, unloading, necessary maintenance, erection, installation, removal, wrecking and dismantling of all of the above and all reinforcing work and submarine diving in connection with or about same; erection of steel towers, chutes and spouts for concrete where attached to towers and handling and fastening of cables and guys for same; unloading, racking, sorting, cutting, bending, hoisting, placing and tying including the use of any and all mechanical tying devices, burning and welding including stud welding of all iron, steel and metal in reinforced concrete construction including mesh for floor arches and the making of hoops and stirrups, metal forms and metal supports thereof; jacking of slip forms, installation of all wire, cable, parabolic cans, steel and all other materials, including, but not limited to, composites, carbon fiber and fiberglass, used for the purposes of prestressing including grouting of ducts, post stressing concrete girders, beams, columns, etc.; loading, unloading, hoisting, handling, signaling, placing and erection of all prestressed, post stressed, precast materials, G.F.R.C., Dryvit System, including the securing by bolting and/or welding and the installation of steeltex and wire mesh of any type when used for reinforced concrete construction; erection of all curtain wall; glass handrail; stay in place deck; automated and/or mechanical parking structures; offloading, staging, hoisting and setting of modular structures and micro-units; curtain wall systems and associated sealants. Window wall and entrances, panels, insulated and non-insulated, factory and field assembled, porcelain enameled panels, ceramic, laminated spandrelite, louvers and sunscreens; application of thiokol, neoprene and other sealants used to seal materials installed by Iron Workers; installation and handling of phenolic panels, including but not limited to, Trespa products and all similarly related materials and/or systems; installation of metal window stools and sills; installation of aluminum, bronze and steel thresholds; erection and dismantling of all types of cranes and changing of booms; erection of rock, sand and gravel plants, dismantling and loading out conveyors, aggregate plants, batch plants, ableways, refrigeration plants, etc.; erection and dismantling of Monigan walking dragline, launchhammer bucket wheel excavator and other trenching equipment; signaling on highlines, whirley cranes and derricks, buck hoists, man hoists, fork lifts, material towers and scanning antennae; metal and steel supports of all types; fabrication, assembling and erection of offshore drilling platforms or similar installations; dust collectors, precipitators, multi-plate, specialty welding processes, unloading, loading, hoisting, handling and rigging of all building ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 29 materials delivered to the job site; hanging ceilings, tees, channels, beams, acoustical elements, sound barriers, computer floors, etc.; installation of stage rigging (including counterweights), curtains, draperies, traverse rods, tracks, cables, window cleaning equipment, powered work platforms, including and loading and unloading, erection installation and removal of powered chassis mounted elevating mast climbing work platforms, rigging in connection with display shows; ski lifts, etc.; wrecking of bridges, viaducts, elevated roads and structural steel and iron in buildings; all steel frames for openings, all porches, verandas, canopies and balconies; all overhead travelers, duo rails, tram rails; erection, setting, repairing of guard or collision rails on bridges and approaches, road ways or any other structures; handling and setting of all types of steel and metal joists, including metal box joists for truss lab and preformed keystone shaped metal joists; erection of steel and metal houses and packaged buildings; all translucent and plastic material on steel frame construction; the erection of solar energy systems, including but not limited to, photo voltaic, heliostat and parabolic systems, energy producing windmill type towers, wind turbine erection to included, but not limited to, prep work, boltup, tensioning or torque of bolts on base and all tower section turbine and blade assemblies; nuclear reactors, electromagnetic shielding plates and atomic vessels including all component parts; the plumbing, aligning and leveling of all materials and equipment through the use of optical instruments, LASER beams, etc., and the use of instruments to establish layout, installation and disposition of ironworker installed scope of work; the unloading, distributing, stockpiling and handling of all materials coming under the jurisdictional claims of the UNION such as to rail heads, storage yards, loading and unloading, hoisting, handling, signaling of all fabricated material and equipment at the jobsite (except FOB deliveries) related to the Iron Workers jurisdiction that is within the individual employers’ contractual scope of work including from and to barge and ships to a lay down yard or construction project, etc., shall be done by the Iron Workers. All reinforcing work in connection with field fabrication, including but not limited to the pre-assembly of reinforcing cages, loading and unloading, handling, racking, sorting, cutting, bending, hoisting, intermittent use of forklifts, placing, burning, welding and tying of all material including the use of any and all mechanical tying devices, or substitute materials, including but not limited to, composites, carbon fiber and fiberglass, stainless steel, used to reinforce concrete construction shall be done by Iron Workers within the individual employers’ scope of work at the jobsite, excluding FOB deliveries. A working Iron Worker shall be employed for maintenance on jobs of substantial size while concrete is being poured on reinforcing steel, wire mesh and paper back steeltex but will not be required as a stand-by man. All work in connection with the installation, alignment, repair & modification of panelized roofing systems, pre- engineered fabric structures, aluminum clarifier coverings, carports, ministorages, and dock planks. All work in connection with the installation, alignment, repair and modification of bleachers, planking and stadium seating. All work in connection of installation of amusement rides including, but not limited to, the erection and alignment of all track, machinery and related components. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 30 Craft: Laborer (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Landscaper Furniture Mover Group Group Group Group Group Group Group Group Group Group 5A 54.03 Group 6 Nozzlemen, Gunmen, Gunite ADD ZONE RATE In addition to LABORER rates add the applicable amounts per hour, calculated based on road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $6.00 Zone 3 150 to 300 miles $7.00 Zone 4 300 miles or over $8.00 No remote area pay shall be paid within ten (10) miles of employee’s permanent place of residence in the State of Nevada. ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, President’s Day, Memorial Day, Fourth of July, Labor Day, Admission Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between AGC and LIUNA Local 169 The construction, erection, alteration, repair, modification, demolition, addition, improvement of all building, heavy and highway, utility, industrial and all other type(s) of construction. SEE GROUP CLASSIFICATIONS ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 31 Craft: LUBRICATION AND SERVICE ENGINEER (MOBILE AND GREASE RACK) (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Lubrication and Service Engineer (mobile and grease ADD ZONE RATE In addition to: LUBRICATION AND SERVICE ENGINEER (MOBILE AND GREASE RACK) rates add the applicable amounts per hour calculated based on a road miles from the Carson City Courthouse or Washoe County Courthouse. Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $5.00 Zone 3 150 to 300 miles $6.00 Zone 4 300 miles and over $7.00 ADD PREMIUM PAY 1. One and one-half (1-1/2) times the applicable straight-time rate for the day, shift, work, equipment and classification shall be paid for all work (including repair work and field survey work) performed on Saturday and before a shift begins and after it ends, except when operating equipment servicing a craft that is receiving double time on commercial building construction, in which case double time shall be paid. 2. Overtime. The following rates shall apply on Sundays and holidays and all work before a shift begins and after it ends: RECOGNIZED HOLIDAYS Holidays. Double the applicable straight-time rate shall be paid for all work (including repair, maintenance and field survey work) performed on Sundays and the following holidays: New Year's Day (January Memorial Day (last Monday in May); Independence Day (July Labor Day (1st Monday in September); Nevada Admission Day (last Friday in October); Thanksgiving Day (4th Thursday in November); the day after Thanksgiving Day; and Christmas Day (December 25). Holidays falling on Sunday shall be observed on the following Monday. Holiday hours shall be reckoned on the same basis as Sunday hours. Saturday Shift Period. On any shift, Saturday shall be the twenty-four-hour period commencing at 12:00 midnight Friday. Sunday Shift Period. On any shift, Sunday shall be the twenty-four-hour period commencing at 12:00 midnight Saturday. 3. For hours worked in excess of 12) on any such workday, an Employee shall be paid two times the regular straight-time rate of pay for each hour so worked. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 32 Craft: Mechanical Insulator (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Mechanical Mechanical Insulator-Foreman….. Mechanical Insulator-General Foreman ADD ZONE RATE In addition to MECHANICAL INSULATOR rates add the applicable amounts per DAY, calculated based on a radius figured from Reno City Hall: Zone 1 0 to 20 miles $15.00 Zone 2 21 to 40 miles $25.00 Zone 3 41 to 60 miles $35.00 Zone 4 Over 60 miles $100.00 ADD PREMIUM PAY One and one half times the minimum hourly wage rate shall be paid for the first two hours of overtime work, directly following eight hours Monday through Friday, and for the first ten (10) hours worked on Saturdays. Double the minimum hourly wage rate shall be paid for all other overtime worked Monday through Friday and in excess of ten (10) hours on Saturdays. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from the Int’l Assoc. of Heat and Frost Insulators and Allied Workers Local 16 and the No. CA Chapter. Western Insulation Contractors Assoc. 65. Lining of all mechanical room surfaces and air handling shafts. 66.The filling and damming of fire stops and penetrations including, but not limited to, electrical and mechanical systems. 67. All foam applications for the purpose of thermal, acoustical, or fire protective purposes, including RTV foams or equivalents, applied to mechanical or electrical systems. 68. All duct lining, and duct wrapping, done on the job site, direct application and installation of fire protection of grease ducts, exhaust systems, or any other ductwork for acoustical or thermal purposes. 69. The insulation of all field joints on pre-insulated underground piping, and the pouring of Gilsilite or its equivalent. 70. Any finish material which is contiguous to the thermal or acoustical application. 71. The preparation, distribution of materials on job sites, assembling, molding, spraying, pouring, mixing, hanging, adjusting, repairing, dismantling, reconditioning, maintaining, finishing, and weather proofing of hot or cold thermal or acoustical insulation with such materials as may be specified. 72. The application of any material, including metal and PVC jacketing, Alumaguard or equivalent, on piping, fittings, valves, flanges, boilers, ducts, plenums, flues, tanks, vats, equipment and any other hot or cold surface for the purpose of thermal control. 73. The Agreement shall cover all other work of a specialty nature. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 33 Craft: MILLWRIGHT (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Millwright Millwright Millwright Millwright General ADD ZONE RATE In addition to MILLWRIGHT rates add the applicable amounts per hour, calculated from Reno, Nevada City Hall. The Employer agrees to provide each employee zone pay as established below if the project is further than forty-five (45) miles calculated via the “shortest route” filter using Google Maps from the address of city hall of respective dispatch points. Zone 1 Up to 45 Miles $0.00 Zone 2 More than 45 miles but less than 101 Miles $4.00 Zone 3 101 or more Miles $6.00 ADD PREMIUM PAY Monday through Friday, the first four hours of overtime after eight hours of straight-time work shall be paid at one and one half (1½) times the straight-time rate of pay. All additional overtime will be paid at two times the straight-time rate of pay. All work performed on Sunday and Holidays shall be paid at two times the straight-time rate of pay. Any work performed on Labor Day shall be paid at triple (3x) the regular straight time hourly wage rate. Lodging: If the project is further than forty-five (45) miles calculated via the “shortest route” filter using Google Maps from the address of city hall of the respective dispatch points listed above, the Employer agrees to furnish acceptable single occupancy lodging to each employee. Employers are encouraged to use commercial facilities and lodges, however, when such facilities are not available, per diem in lieu of room and lodging shall be paid at the rate of one hundred ten dollars ($110.00) per day, or part thereof, from the date of hire for the project to the date of termination of employment on the project. RECOGNIZED HOLIDAYS New Year's Day, Washington's Birthday (President's Day), Memorial Day, 4th of July, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day. JOB DESCRIPTION Excerpt from Southwest Regional Council of Carpenters’ Millwright Regional Master Construction Agreement. Section 1.4 Millwright Jurisdiction. The machinery, equipment, processes and associated components listed below which are identified for the purpose of description only, falls within the jurisdiction of the United Brotherhood of Carpenters and Joiners of America (Millwrights). Although some components of machinery and/or equipment may be described in one application or location and not in another, it shall not be excluded from our craft jurisdiction when, to avoid repetition, it is not described in other applications, and such jurisdiction shall be applied to the initial commissioning, maintenance, decommissioning, and recommissioning of all associated machinery and/or equipment. Section 1.4.1 Millwright craft jurisdiction shall include the loading, unloading, hoisting, rigging by any means, transferring, moving, cleaning, disassembling, assembling, moving and setting and removal of skids, welding, burning, erecting, calibrating, precision grouting, supporting, aligning, starting-up and testing, adjusting, repairing, and the maintaining ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 34 of all machinery and equipment, be it powered by, or receiving power from, steam, gas, gasoline, diesel, biodiesel, hydrogen, jet, electric, pneumatic, magnetism, adiabatics, diabatics, isothermics, water, hydropnuematics, solar, thermal, mineral, atomic, rocket, nuclear, chemical, wind, waste product of any kind or any other source, regardless of whether or not such machinery or equipment is temporarily or permanently installed or located. Section 1.4.2 Millwright craft jurisdiction shall include all activities necessary to: set all engines, motors, dynamos, generators, diesel generators, motor restraints and supports; install, measure and align with optical and/or electronic instruments when necessary the reactors, control, push and shut-down rods, rod pressure housing, drives, guide sleeves and other related equipment in reactors, turbines, castings, combustion chambers and all its related components; the attachment and final connection of the inlet manifolds and exhaust ducts, cylinders, diaphragms, gaskets, containment barriers, rotors, blade rings, blade or bucket assemblies, hydrogen coolers, blower assembles, packing joints on hydrogen coolers, exciter or Alterex and all others, turning gear, extension box, welding of extension box, lagging, stretching of coupling bolts or others; perform oil flush; install turbine lube oil tank, pumps and related component skids, filters, thrust bearings, magnetic bearings, the sweating on and shrinking of bearings, couplings, shafts and others, sole plates and machine bases; perform all precision grouting using the following materials: epoxy, wet, non-shrink, dripacking or other types; perform demineralizing and hydromation; install mechanical dust systems, sensors, air compressors, super charges, coolers, boiler controls and linkage, thermal management systems, Bailey Meters or similar devices and their linkages; installation, maintenance and removal of all instrumentation, gauges, antennae and other communication devices, fluid drives, power drive trains, embedded guides for traveling screens, traveling screens, roller, slide, knife, lock and sluice gates, limit torques on mechanical valves, gates and others, tainter valves, limit switches, trips, triggers or switches, including the brackets that are attached to, stop logs, dam rollers, transfer cars and gear head motors. Section 1.4.3 The setting of variable drives, fans, coal cranes, truck cranes or other types, including servicing and the adjusting and aligning of mechanical equipment within the cranes, crane rails and all other types of rails which would carry mechanically activated equipment, including their alignment, installation, removal, servicing, and alignment of hydraulic and pneumatic lifts and passenger boarding bridges, monorail (all sizes), magnetic propulsion systems, trolleys, pumps and their associated components, packaging equipment, refrigerating equipment, chillers, and related equipment, lantern rings, packing glands, packing for pumps, pollution equipment, carbon absorbers and filtration, heat exchanges, grain, ball, hammer, roller mills, pulverizers and others, crushers and beaters, hoppers, bins, chutes and spouts, turn tables, shears, casing machines, robots, air-veyors, conveyors of all sizes, types, and styles regardless of the materials they are constructed with, or mechanically powered conveyances of any type, including their supports, people movers, x-ray and imaging & scanning machines, elevator and platform lifts, dock levelers and locks, roll-up and sectional doors, operable partitions, retractable roofs, magnetic separators, hoists, feeding machinery, Z-loaders, S-loaders, palletizers, Triax equipment, mechanical equipment in scrubbers, pack towers, precipitators, cooling towers and air cooled condensers. Section 1.4.4 Sewage, Brackish, Desalination, Water Treatment and Mineral Extraction Plants — the disassembly, fabricating, rigging, erecting and aligning of skimmers, rake mechanisms, feed wells, baffles, scum troughs, de-gritting equipment, bar screens, communitors, mixers, pumps, aeration systems, blowers, membrane filtration systems, sequencing batch reaction systems, including related, filter presses, sand filtration systems, ultra violet rack systems, mechanical drive assemblies, conveyors, lines, piping, flanges, brackets, supports, mono rails, gates and setting odor control and detection equipment, (excluding heating, ventilating and air conditioning work). The setting of thru- clean bar, straight line bar, trash, tritor drum, and disc screens, straight line grit, circuline grit, circuline sludge, and circuline mixer collectors, straight line, flash, horizontal slow, vertical slow, and vibra flow feeder machines, pre- aeration and settling tanks, covers for tanks, bowls and basins including stationary or mechanical covers regardless of materials, thickeners, rotoline distributors, sludge bed and settling pond cleaners, digestion systems, heaters, dyna-grind sewage screening grinders, screw pumps, spiral classifer, agitators, junk remover, hydro pulper, cooling fans, lube systems, selectifier screens, hydrosensors, fuel blowers, grizzly screens, trommels, table feeders, dryers, optical sorters, high tension separators, grip dewatering screens, flash mixer, horizontal slow mixer, vertical slow mixer, filter, cone and rotary presses, comminutors, barminutors, degreasers, rotometers, dehumidifiers, benches, pressure cleaning systems & devices, washers for cars, trucks, buses, trains, planes unmanned and autonomous vehicles and other types, hydraulic, servo and pneumatic units, shroud boxes, silencers, scales, load cells, eddy current clutches, disintegrators, dehairing machines, grain handling devices, laboratory equipment, machine shop ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 35 equipment, ladle cars, stunning pens and doors and gates, activation equipment, racks, material handling platforms, access & egress platforms, catwalks, transition pieces, the handling and installation, of pulleys, gears, fluid couplings, sheaves and fly wheels, air vacuum, worm, belt, friction, rope, magnetic, chain and gear drives that are directly or indirectly coupled to motors, belts, chains, shafts, or screws, installation of legs, boots, guards and boot tanks, all bin and diverter valves, turn hands and indicators, shafting, bearing cable sprockets, cutting of all key seats in old and new work, troughs, chippers, calenders, rolls, winders, rewinders, slitters, cutters, wrapping machines, blowers, forging machines, pneumatic, electric and hydraulic rams, servo actuators, extractors, expellers and extruders, ball and dust collectors, splicing of ropes and cables. Millwright craft jurisdiction on energy generation facilities shall include all loading, unloading, movement, hoisting, preparation, uncrating, preparation of nacelle units prior to installation or removal, installation, setting, removal, alignment, and final torquing and tensioning of any mechanical component used in the generation of power, including any incidental wiring or piping. This shall include all aspects of power trains, drive and tracking systems, elevation and azimuth drives, energy collection optimization systems, all rams, dampers and other stabilization devices, antennae, bearing housing assemblies and units, actuators, pulleys, gears, access points, rotational connections, mounting and alignment of tracks, axles, bearings, rotational joints, or any other device which allows for the automated or manual movement of equipment post-installation, all turbines, and wind, wave and tidal analysis equipment. It shall also include all work associated with energy collection and storage facilities, including the loading, unloading, movement, hoisting, preparation, installation, setting, and alignment of racking systems, torque tubes, modules, batteries, energy storage systems, cooling or control systems, inertia systems or other equipment or machinery, and all incidental wiring or piping thereof. Section 1.4.5 The laying out, fabrication and installation of protecting equipment including: machinery guards; the making and setting of templates for machinery; the fabrication of bolts, nuts, pans; the drilling or creating of holes in machinery for any equipment which the Millwrights install, remove, service or inspect, regardless of material; installation of all methods of access and egress and safety devices whether temporary or permanent; all welding and burning regardless of type; the fabrication of all lines, hose or tubing used in the lubrication, operation, cooling or heating of machinery, including the installation of all fluids used to operate, lubricate, cool or heat equipment installed by Millwrights; the cleaning or pressure cleaning of machinery; the machining, grinding, milling, broaching, boring, threading, lapping, field machining, technical bolting and keying that may be necessary for any part of equipment, including the starting up, breaking in, trial running and operational or functional testing of any equipment or machinery installed or handled by the Millwrights, the initial programing of robotics for startup, and the incidental connection and disconnection of machinery and equipment from piping and electrical systems. Section 1.4.6 Rock, sand and gravel plants, mineral processing plants and batch or aggregate plants: Installation, removal and maintenance of all recycling equipment, separators, centrifuges, classifiers, grates, crushers, conveyors, chutes or piping from one piece of mechanical equipment into another piece of mechanical equipment, or from a vessel into a conveyor, or into other places or mechanical equipment or other mechanical equipment used (for the purpose of description only) to excavate material from one area to another from highways, roadways, waterways or elsewhere. Section 1.4.7 When optical instruments such as total stations or similar devices, automatic levels, builder’s transits, precision jig transits, tilting levels, theodolites or other precision tools and instruments are used to locate, set, scan-to-BIM or as- Built measure and verify machines, these tools are considered a tool of the Millwright trade and are to be used by Millwrights to set the equipment or machinery. Section 1.4.8 Incidental asbestos removal on equipment in which Millwrights normally remove during maintenance and repair work. Section 1.4.9 Any new equipment or technology designed to replace any of the equipment described above shall remain in the craft jurisdiction of the Millwrights. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 36 Craft: OPERATING ENGINEER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Operating Engineers (SEE GROUP CLASSIFICATIONS) Group Group Group Group Group Group Group Group Group Group Group Group Group Group Group Add 12.5% to base rate for “Special” Shift Add Operating Engineers Zone Pay Add Premium Pay Craft: OPERATING ENGINEER (Union Rate) STEEL FABRICATOR & ERECTOR Prevailing wage rates include the base rate as well as all applicable fringes Operating Engineers (SEE GROUP CLASSIFICATIONS) Group Group 1 Truck Crane Group 1 Group Group 2 Truck Crane Group 2 Group Group 3 Truck Crane Group 3 Group 3 Group Group Add 12.5% to base rate for “Special” Shift Add Operating Engineers Zone Pay Add Premium Pay ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 37 Craft: OPERATING ENGINEER (Union Rate) PILEDRIVER Prevailing wage rates include the base rate as well as all applicable fringes Operating Engineers (SEE GROUP CLASSIFICATIONS) Group Group 1 Truck Crane Group 1 Group Group 2 Truck Crane Group 2 Group Group 3 Truck Crane Group 3 Group Group Group Group Group Add 12.5% to base rate for “Special” Shift ADD ZONE RATE In addition to: OPERATING ENGINEER, STEEL FABRICATOR & ERECTOR, and OPERATING ENGINEER PILEDRIVER, rates add the applicable amounts per hour calculated based on a road miles from the Carson City Courthouse or Washoe County Courthouse Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $5.00 Zone 3 150 to 300 miles $6.00 Zone 4 300 miles over $7.00 ADD PREMIUM PAY 1. One and one-half (1-1/2) times the applicable straight-time rate for the day, shift, work, equipment and classification shall be paid for all work (including repair work and field survey work) performed on Saturday and before a shift begins and after it ends, except when operating equipment servicing a craft that is receiving double time on commercial building construction, in which case double time shall be paid. 2. Overtime. The following rates shall apply on Sundays and holidays and all work before a shift begins and after it ends: RECOGNIZED HOLIDAYS Holidays. Double the applicable straight-time rate shall be paid for all work (including repair, maintenance and field survey work) performed on Sundays and the following holidays: New Year's Day (January Memorial Day (last Monday in May); Independence Day (July Labor Day (1st Monday in September); Nevada Admission Day (last Friday in October); Thanksgiving Day (4th Thursday in November); the day after Thanksgiving Day; and Christmas Day (December 25). Holidays falling on Sunday shall be observed on the following Monday. Holiday hours shall be reckoned on the same basis as Sunday hours. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 38 Saturday Shift Period. On any shift, Saturday shall be the twenty-four-hour period commencing at 12:00 midnight Friday. Sunday Shift Period. On any shift, Sunday shall be the twenty-four-hour period commencing at 12:00 midnight Saturday. 3. For hours worked in excess of 12) on any such workday, an Employee shall be paid two times the regular straight-time rate of pay for each hour so worked. JOB DESCRIPTION, includes but is not limited to: Operate one or several types of power construction equipment, such as motor graders, bulldozers, scrapers, compressors, pumps, derricks, shovels, tractors, or front-end loaders to excavate, move, and grade earth, erect structures, or pour concrete or other hard surface pavement. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 39 Craft: PAINTER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Brush/Roller Spray Structural Steel & Swing Special Coating Special Coating Special Coating Application-Spray above highest Journeyman ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift unless the Union is notified when four tens (10’s) are instituted. 2. For any hours worked on Saturday from midnight to midnight 3. For any work performed in excess of the regular work week of forty (40) hours. Double the regular straight time hourly rate shall be paid for all time: 1. For any hours worked on Sunday from midnight to midnight 2. For any hours worked on holidays from midnight to midnight RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between Painters and Allied Trades DC 16 and Independent Painting Contractors of No Nevada. a. All painting of residences, buildings, structures, industrial plants, tanks, vats, pipes, vessels, bridges, light poles, high tension poles, traffic and parking lines on highways, parking lots, playgrounds, factories, and air line strips; all sign, pictorial, coach, car automobile, carriage, aircraft machinery, ship and railroad equipment, mural and scenic painting; spackling of all surfaces where adhesive materials are used; and all drywall pointing, taping and finishing. b. All decorators, paperhangers, hard wood finishers, grainers, glaziers, varnishers, enamellers 1. Paperhangers work shall be all material of whatever kind or quality applied to walls or ceilings with paste or adhesive; all tacking on the muslin or other materials which is used as wall or ceiling coverings or covered with material pasted on. 2. The scraping off of old paper, preparing of walls, etc., for paper hangers work. 3. The application of relief, stucco, plaster or decorative work shall not be considered paperhanger's work exclusively. All men engaged in applying or removing paints, pigments, extenders, metal primers and metal pigments, clear pigments, binders, thinners and dryers, primers and sealers, oil paints and enamels, ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 40 water colors and emulsions, clear coatings, waxes, stains, mastics, cement enamels and other special coatings, plastics, adhesives, coatings and sheet rubber and other linings, oils, varnishes, water colors, wall paper, wall coverings or other materials used in the various branches of the trade, and the cleaning and bleaching of all interior and exterior walls and surfaces with liquid, steam, sandblast or any other process and all work incidental thereto. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 41 Craft: PILEDRIVER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Piledriver-General 65.81 Stand-By Diver-Diving (Wet 110.58 ADD ZONE RATE In addition to PILEDRIVER rates add the applicable amounts per hour, calculated from the Washoe County Courthouse: Zone 1 Within 75 miles $0.00 Zone 2 Between 75 to 150 road miles $6.00 Zone 3 Between 150 to 300 road miles $7.00 Zone 4 In excess of 300 road miles $8.00 Workmen performing outside of the free zones shall receive the appropriate remote area allowance for not less than eight hours per day. Remote area differential shall be considered part of the basic wage rate for the purpose of computing overtime hourly wage rates. ADD PREMIUM PAY First two hours outside the regular constituted shift shall be at the rate of time and one-half (1½X). Saturdays up to the first twelve (12) hours shall be at the rate of time and one-half (1½X). All additional hours and Sundays and holidays shall be the rate of double time (2X). No work shall be performed on Labor Day, except to preserve life and property. RECOGNIZED HOLIDAYS New Year's Day, Memorial Day, 4th of July, Labor Day, Admission Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day. JOB DESCRIPTION 104.1 The Carpenters claim the layout, rigging, tagging, signaling, cutting, burning, welding, chain sawing, driving, setting and pulling of all soldier piles and soldier beams together with all necessary waling, shoring, underpinning, struts, bracing, capping and lagging necessary for construction of subterranean structures of all types to include, but not limited to subways, subway stations, buildings, storm drains, sewers, pipelines and all open cut and cover construction projects. The Carpenters further claim construction of all covers and access mats to include all necessary rigging for setting and removing, whether intermittently or regularly and installation and removal of timber decking. In addition to the work identified in Article I, the Pile Divers claim the operation of the following types of equipment when the operation of same is incidental to that work which falls under the jurisdiction of the United Brotherhood of Carpenters and Joiners of America or Pile Drivers Local Union No. 2375; mechanical forklifts of all types, boom trucks and any other mobile equipment as assigned by the employer necessary to complete the work. In addition, the operation of the power pack and vibratory hammer controls when driving or pulling, sheet pile, pile, soldier beams, cassinos or casing. . The work includes work on cast & drill holes and operation of the ABI machine. In the construction of waterfront and marine facilities, such as docks, piers, wharves, bulkheads, jetties, and similar structures, the pile driver classification should continue to apply, up to and including the decking thereof. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 42 On all pile driving and caisson work on both land and water, the Pile Driver classification should apply. In the construction of wooden bridges whether over land or over water, when composed of heavy timber, the Pile Driver classification should apply. In the construction of concrete or steel bridges over land, the Pile Driver classification shall apply to the driving of piles and/or caisson work including the forms required for the capping of the piles or caissons immediately top of the piles or caissons. The capping of the piles is herein interpreted as being that concrete, wood, or other material resting on the top of the piles where driven or placed and does not include any further form work above the capping. In many instances it has been found that the capping is called the girder. The above shall apply on such concrete or steel bridges constructed over land, highways, railroads, overpasses and include cloverleafs, interchanges, etc. In the construction of concrete or steel bridges over water, the Pile Driver classification shall apply up to and including all of the form work to the top of the column, piers, or abutments supporting the steel and/or any other superstructures. In the erection of false work, when necessary for the support of work under the Pile Driver classification, then such false work shall fall within their classification. False work necessary for the support of work under the Carpenter classification shall be done within such Carpenter classification, with the exception that where pile driving or power equipment is used for heavy timber false work, then such work shall come under the Pile Driver classification. This would include all rigging, signaling and tagging incidental to the placing of the heavy timber. In the construction of open-cut sewers, the Pile Driver classification shall apply on all piling including wood, steel or concrete sheet piling, all bracing timber and form work incidental to the construction thereof. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 43 Craft: PLASTERER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes ADD ZONE RATE In addition to PLASTERER rates add the applicable amounts per hour, calculated from the South Virginia and Mill Street, Reno, Nevada: Zone 1 0 to 70 miles $0.00 Zone 2 70 miles and over $8.00 ADD PREMIUM PAY OVERTIME: Eight consecutive hours (exclusive of a meal period) shall constitute a day’s work at straight time. Five consecutive days of eight consecutive hours (exclusive of a meal period), Monday through Friday, shall constitute a week’s work. One and one half (1 ½) the regular straight time hourly rate shall be paid for the first two hours worked over eight hours Monday through Friday. Double the regular straight time rate shall be paid for all hours worked over ten (10) hours Monday through Friday. One and one half (1 ½) the regular straight time rate shall be paid for the first ten (10) hours on Saturday. Double the regular straight time rate shall be paid for all hours worked over ten (10) hours on Saturday. All hours worked on Sunday shall be paid at double the regular straight time rate. RECOGNIZED HOLIDAYS All work performed on the following holidays shall be paid for at double the regular straight time rate: New Year's Day, Memorial Day, Fourth of July, Labor Day, Admissions Day, Thanksgiving Day and the Friday after Thanksgiving and also Christmas Day. If any of the above holidays fall on Sunday, the Monday following shall be considered a holiday. No work shall be permitted on the Fourth of July or Labor Day, regardless of compensation or donation, except in case of emergency or to protect life and property. Permission to work shall be granted by the representative of the Union or its officer. JOB DESCRIPTION: Excerpt from Agreement No NV. Plasterers Master Labor Agreement This includes but is not limited to: 1. All building construction, including but not limited to the construction, erection, alteration, repair,modification, demolition, addition, or improvement in whole or in part of any building structures. 2. All interior or exterior plastering construction, restoration, repair and inspection of cement, stucco, stone imitation or any patent material when ornamental molded plaster, and the setting of same. All specialty finishes such as veneer, venetian, marmoreno and grasello. All custom and specialty finishes, including but not limited to custom rock, carved plaster, brick and block veneer, stone and wood. Smooth and finish surfaces of full system E.I.F.S. including sticking and shaping of foam pieces or surfaces by adhesive or mechanical installation. All spray or toweled on fireproofing, including cementitious and intumescent products. All plaster acoustical finish systems including, but not limited to, BASWA Phon and Fellert. 3. All work processes which represent technological change, replacement, modification or substitution for the work described above. In addition, all work and use of new materials or 2020-2024 Reno Plasterers Master Labor Agreement 4 techniques involved in plaster construction including but not limited to what is known as green or sustainable construction technology. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 44 Craft: PLUMBER/PIPEFITTER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Plumber/Pipefitter-Journeyman..………………………...……………………………………………….76.10 Plumber/Pipefitter-Foreman.……………………………...………………………………………………81.19 Plumber/Pipefitter-General ADD ZONE RATE In addition to PLUMBER/PIPEFITTER rates add the applicable amounts per statute air mile radius from the Nevada freeway interchange of Interstate 80 and 580. Zone 1 0 to 75 $0.00 Zone 2 Over 75 miles $8.00 A separate free zone will be established for employees permanently residing and working within a seventy-five (75) statute air mile radius of the Elko, Nevada Post Office. Zone 1 0 to 75 $0.00 Zone 2 Over 75 miles $8.00 ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. RECOGNIZED HOLIDAYS New Year's Day, Memorial Day, Fourth of July, Labor Day, Nevada Admission Day, Thanksgiving Day, the Friday after Thanksgiving Day, Day Before Christmas and Christmas Day and any Friday preceding a Holiday falling on a Saturday, if worked, holidays shall be compensated at the double time rate. JOB DESCRIPTION Excerpt from Agreement between LU 350 of United Assoc. of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of United States and Canada Installation of all hearing and refrigeration systems and competent parts thereof, including fabrication, assembling, erection installation, dismantling, repairing, reconditioning, adjusting, altering servicing, handling, distributing, and tying on all piping materials appurtenances and equipment by method, including all hangars and supports of every description, all other work including the the trade relevant to oil burner and all other types of heating and refrigeration equipment including low voltage controls. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 45 Craft: REFRIGERATION MECHANIC (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes 67.14 Refrigeration ADD PREMIUM PAY Premium pay for hours worked in excess of a shift of 8 hours or 12 hours or such other time increment set forth in the Collective Bargaining Agreement or on a weekend or holiday. RECOGNIZED HOLIDAYS New Year's Day, Memorial Day, Fourth of July, Labor Day, Nevada Admission Day, Thanksgiving Day, the Friday after Thanksgiving Day, Day Before Christmas and Christmas Day and any Friday preceding a Holiday falling on a Saturday, if worked, holidays shall be compensated at the double time rate. JOB DESCRIPTION Excerpt from Agreement between LU 350 of United Assoc. of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of United States and Canada Installation of all hearing and refrigeration systems and competent parts thereof, including fabrication, assembling, erection installation, dismantling, repairing, reconditioning, adjusting, altering servicing, handling, distributing, and tying on all piping materials appurtenances and equipment by method, including all hangars and supports of every description, all other work including the trade relevant to oil burner and all other types of heating and refrigeration equipment including low voltage controls. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 46 Craft: ROOFER (Non-Union Rate) (Does not include sheet metal roofs) Prevailing wage rates include the base rate as well as all applicable fringes JOB DESCRIPTION Includes but is not limited to: 1. Installing and covering roofs and structures with slate, asphalt, wood and other related materials, other than sheet metal, by using brushes, knives, punches, hammers and other tools; 2. Spraying roofs, sidings and walls with material to bind, seal, insulate or soundproof sections of a structure; 3. Installation of all plastic, slate, slag, gravel, asphalt and composition roofing, and rock asphalt mastic when used for damp and waterproofing; 4. Installation of all damp resisting preparations when applied on roofs with mop, three-knot brush, roller, swab or spray system; 5. All types of preformed panels used in waterproofing; 6. Handling, hoisting and storing of all roofing, damp and waterproofing materials; 7. The tear-off and/or removal of roofing and roofing materials. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 47 Craft: SHEET METAL WORKERS (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Sheet Metal Worker Sheet Metal Worker Sheet Metal Worker -General ADD ZONE RATE A separate free zone will be established for employees permanently residing and working within a seventy-five (75) mile radius of the Elko, Nevada Post Office. In addition to SHEET METAL rates add the applicable amounts per hour, calculated based on a road from the courthouse in Reno, Nevada: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 100 miles $5.00 Zone 3 Over 100 miles $10.00 the employee shall be provided reasonable lodging and meal expenses. ADD PREMIUM PAY All hourly rates are subject to Over Time (One and one half 1 ½) of the Regular rate: 1. For all hours worked over Eight Hours in one day or shift. 2. For the first Eight Hours work on Saturday. All hourly rates are subject to Double Time of the Regular Rate: 1. For all hours worked over Ten (10) Hours in one day or shift. 2. For all hours worked over Eight Hours on Saturday. 3. For all hours worked on Sunday, New Year’s Day, Memorial Day, Independence Day, Friday before Labor Day, Labor Day, Nevada Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas, and Christmas Day. RECOGNIZED HOLIDAYS New Year’s Day, Memorial Day, Independence Day, Friday before Labor Day, Labor Day, Nevada Day, Thanksgiving Day, Day after Thanksgiving, Day before Christmas, and Christmas Day JOB DESCRIPTION: Excerpt from Sheet Metal Local 26 Collective Bargaining Agreement manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, alteration, repairing and servicing of all ferrous or nonferrous metal work and all other materials used in lieu thereof and of all HVAC systems, air veyor systems, exhaust systems, and air-handling systems regardless of material used including the setting of all equipment and all reinforcements in connection therewith; all lagging over insulation and all duct lining; testing and balancing of all air-handling equipment and duct work; the preparation of all shop and field sketches whether manually drawn or computer assisted used in fabrication and erection, including those taken from original architectural and engineering drawings or sketches; metal exterior wall systems, metal roofing; and all other work included in the jurisdictional claims of International Association of Sheet Metal, Air, Rail and Transportation Workers. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 48 Craft: SOILS and MATERIAL TESTER (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Soil Tester Soils and Materials Craft: SPRINKLER FITTER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes SEE AMENDMENT 2 Sprinkler Sprinkler Fitter Sprinkler Fitter General ADD ZONE RATE In addition to SPRINKLER FITTER rates add the applicable amounts per hour, calculated based on a road from the courthouse in Reno, Nevada: Zone 1 0 to 60 miles $0.00 Zone 2 60 to 80 miles $23.00 Zone 3 80 to 100 miles $33.00 Zone 4 Over 100 miles $125.00 JOB DESCRIPTION Installing, dismantling, maintenance, repairs, adjustments and corrections of all fire protection and fire control systems Including the unloading, handling by hand, power equipment and installation of all piping or tubing, appurtenances and equipment pertaining thereto, including both overhead and underground water mains, fire hydrants and hydrant mains, standpipes, and hose connections to sprinkler systems, sprinkler tank heaters, air lines and thermal systems used in connection with sprinkler and alarms systems, also all tanks and pumps connected thereto. Also including shall be CO2 and Cardox Systems, Dry Chemical Systems, Foam Systems and all other fire protection systems, but excluding steam fire protection systems. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 49 Craft: SURVEYOR (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes. Rodman/Chainman Chief of Party ADD ZONE RATE In addition to: OPERATING ENGINEER, STEEL FABRICATOR & ERECTOR, and OPERATING ENGINEER PILEDRIVER, rates add the applicable amounts per hour calculated based on a road mile from the Carson City Courthouse or Washoe County Courthouse Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $5.00 Zone 3 150 to 300 miles $6.00 Zone 4 300 miles over $7.00 ADD PREMIUM PAY 1. One and one-half (1-1/2) times the applicable straight-time rate for the day, shift, work, equipment and classification shall be paid for all work (including repair work and field survey work) performed on Saturday and before a shift begins and after it ends, except when operating equipment servicing a craft that is receiving double time on commercial building construction, in which case double time shall be paid. 2. Overtime. The following rates shall apply on Sundays and holidays and all work before a shift begins and after it ends: Saturday Shift Period. On any shift, Saturday shall be the twenty-four-hour period commencing at 12:00 midnight Friday. Sunday Shift Period. On any shift, Sunday shall be the twenty-four-hour period commencing at 12:00 midnight Saturday. 3. For hours worked in excess of 12 on any such workday, an Employee shall be paid two times the regular straight-time rate of pay for each hour so worked. RECOGNIZED HOLIDAYS: Holidays. Double the applicable straight-time rate shall be paid for all work (including repair, maintenance and field survey work) performed on Sundays and the following holidays: New Year's Day (January Memorial Day (last Monday in May); Independence Day (July Labor Day (1st Monday in September); Nevada Admission Day (last Friday in October); Thanksgiving Day (4th Thursday in November); the day after Thanksgiving Day; and Christmas Day (December 25). Holidays falling on Sunday shall be observed on the following Monday. Holiday hours shall be reckoned on the same basis as Sunday hours. JOB DESCRIPTION includes but is not limited to: 1. Planning ground surveys designed to establish base lines, elevation and other geodetic measurements; 2. Compiling data relevant to the shape, contour, gravitation, location, elevation and dimension of land and land features on or near the surface of the Earth for engineering, map making, mining, land evaluation, construction and other purposes; 3. Surveying bodies of water to determine navigable channels and to secure data for construction of breakwaters, piers and other marine structures; 4. Computing data necessary for driving and connecting underground passages, underground storage and volume of underground deposits. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 50 Craft: TAPER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes ADD ZONE RATE In addition to: TAPER rates add the applicable amounts per hour Zone Pay shall commence from the Washoe County Courthouse in Reno, Nevada, and shall be paid as follows: Zone 1 0 to 40 miles $0.00 Zone 2 40 to 60 miles $2.50 Zone 3 over 60 miles $4.25 RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. When holiday falls on a Sunday, the Monday following shall be observed as the holiday; holidays falling on Saturday shall be observed on the prior Friday. ADD PREMIUM PAY All overtime, except Sundays and holidays, will be time and one-half (1 1/2). Sundays and holidays will be paid double time (2X). Any and all work performed in excess of the regular workday of eight hours, or ten (10) hours if mutually agreed to, and the regular workweek of forty (40) hours shall be considered overtime and shall be paid for at one and one-half (1 1/2) times the regular hourly rate. JOB DESCRIPTION: Excerpt from Agreement between DC 16 and the independent Drywall Contractors of Northern Nevada SECTION 1 The scope of work covered by this Agreement shall include (but not be limited to) all work operations, including distribution to the point of application, as follows: Work or services pertaining to the preparation, spotting, pointing, detailing, flushing, sanding and finishing of interior and/or exterior gypsum, drywall, thin wall, concrete, steel, wood and plaster surfaces, spackling of all surfaces where adhesive materials are used; and all drywall pointing, taping and finishing. Work or services pertaining to the application of all finish or flushing materials regardless of method of application or type of surface on which materials are applied, including but not limited to texture and simulated acoustic materials of all types and the application of radiant heat fill and steel fireproofing materials. Work or services pertaining to the installation of protective coverings and masking prior to the application of finish materials. The operation and care of all taping tools and texturing equipment used in the finishing and texturing of drywall and other surfaces including brushes, rollers, spray texturing equipment, miscellaneous hand, mechanical, and power tools, and the operation and maintenance of compressors required in the finishing and texturing of such surfaces. No limitation shall be placed on the work covered by this Agreement by reason of the surface, type of material or purpose for which the materials used are designed or intended. The cleanup of all materials and debris occasioned by any job operation at the site of construction, alteration, or repair undertaken whether such operation occurs on the interior or exterior of a building structure. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 51 Craft: TILE SETTER/TERRAZZO WORKER/MARBLE MASON FINISHER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Tile Setter/Terrazzo Worker/Marble Mason - Tile Setter/Terrazzo Worker/Marble Mason - Finisher Tile Setter/Terrazzo Worker/Marble Mason Finisher- General Foremen……………….…………48.32 ADD ZONE RATE In addition to TILE SETTER/TERRAZZO WORKER/MARBLE MASON - FINISHER rates add the applicable amounts per hour, calculated based on a road miles of over forty (40) miles from the Washoe County Courthouse in Reno, Nevada: Zone 1 0 to 40 Miles Free Zone Zone 2 41 to 50 Miles $3.75 per hour Zone 3 51 to 70 Miles $5.00 per hour Zone 4 71 Miles and Over $10.00 per hour ADD PREMIUM PAY All work in excess of forty (40) hours during the established work week shall be paid at the rate of one and one-half (1-1/2) times the hourly base wage rate in effect. Employees shall be paid one and one-half (1-1/2) times the hourly wage rate for al hours worked over eight in a single day and double time after ten (10) hours in a single day, Monday through Friday, except recognized holidays. Daily Overtime Saturdays the first ten (10) hours performed on Saturday shall be paid at one and one- half (1-1/2) times the straight time wage rate. Daily Overtime Sunday- Employees shall be paid double time on Sundays if forty (40) straight time hours have been worked during the proceeding work week. Holidays shall be paid double time for hours owed on recognized holidays. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. Any holiday falling on a Sunday will be observed on Monday. JOB DESCRIPTION: Excerpt from Agreement between BAC 13 Nevada of the Mountain West Administrative District Council Master Labor Agreement FINISHER'S WORK: Finisher's work shall consist of assisting, helping or supporting the tile, marble and terrazzo mechanic by performing their historic and traditional work assignments. required to complete the proper installation of the work covered by Sections 5, 7 and 8 of this Code. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 52 Craft: TILE SETTER/TERRAZZO WORKER/MARBLE MASON (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Tile Setter - Tile Setter - Tile Setter - General Foreman…. Terrazzo/Marble Mason - Journeyman Terrazzo/Marble Mason - Foreman Terrazzo/Marble Mason - General ADD ZONE RATE In addition to TILE SETTER/TERRAZZO WORKER/MARBLE MASON rates add the applicable amounts per hour, calculated based on a road miles of over forty (40) miles from the Washoe County Courthouse in Reno, Nevada: Zone 1 0 to 40 Miles Free Zone Zone 2 41 to 50 Miles $3.75 per hour Zone 3 51 to 70 Miles $5.00 per hour Zone 4 71 Miles and Over $10.00 per hour ADD PREMIUM PAY All work in excess of forty (40) hours during the established work week shall be paid at the rate of one and one-half (1-1/2) times the hourly base wage rate in effect. Employees shall be paid one and one-half (1-1/2) times the hourly wage rate for all hours worked over eight in a single day and double time after ten (10) hours in a single day, Monday through Friday, except recognized holidays. Daily Overtime Saturdays the first ten (10) hours performed on Saturday shall be paid at one and one- half (1-1/2) times the straight time wage rate. Daily Overtime Sunday- Employees shall be paid double time on Sundays if forty (40) straight time hours have been worked during the proceeding work week. Holidays shall be paid double time for hours owed on recognized holidays. RECOGNIZED HOLIDAYS New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. Any holiday falling on a Sunday will be observed on Monday. JOB DESCRIPTION: Excerpt from Agreement between BAC 13 Nevada of the Mountain West Administrative District Council Master Labor Agreement TILE LAYERS' WORK: Tile laying shall consist of, but not be limited to, the following work procedures and installation of the following materials: ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 53 A. The laying, cutting or setting of all tile where used for floors, walls, ceilings, walks, promenade roofs, stair treads, stair risers, facings, hearths, fireplaces, and decorative inserts, together with any marble plinths, thresholds or window stools used in connection with any tile work; also, preparing and setting all concrete, cement, brickwork, or other foundation or materials that may be required to properly set and complete such work; setting or bedding all tiling, stone, marble, composition, glass, mosaic, or other materials forming the facing, hearth or fireplace of a mantel, or the mantel complete, together with setting of all cement, brickwork, or other materials required in connection with the above work; also the slabbing and fabrication of tile mantels, counters and tile panels of every description, and the erection and installation of same; the building, shaping, forming, construction or repairing of all fireplace work, whether in connection with a mantel hearth facing or not, and the setting and preparing of all material, such as cement, plaster, mortar, brickwork, iron work or other materials necessary for the proper and safe construction and completion of such work, except that a mantel made exclusively of brick, marble or stone, shall be conceded to be bricklayers', marble setters' or stonemasons' work, respectively. B. It will be understood that the word "tile" refers to all burned clay products, as used in the tile industry, either glazed or unglazed, and to all composition materials made in single units up to 15"x20"x2", except quarry tiles larger than 9"x9"x1 1/4", also to mixtures in tile form of cement, plastics and metals that are made for and intended for use as a finished floor surface, whether upon interior or exterior floors, stair treads, promenade roofs, garden walks, interior walls, ceilings, swimming pools, and all places where tile may be used to form a finished surface for practical use, sanitary finish or decorative purposes, for setting all accessories in connection therewith, or for decorative inserts in other materials. C. All terra cotta called unit tile in sizes of 6"x12" or under, regardless of method of installation, quarry tile 9"x9"x1 1/4" or less; split brick or quarry tile or similar material where the bed is floated or screeded and the joints grouted. Where the work is installed by tile layers, the grouting and cleaning shall be supervised by the mechanic. The bedding, jointing, and pointing of the above materials shall be the work of the craft installing the same. All clay products known as terra cotta tile, unit tile, ceramic veneer and machine-made terra cotta, and like materials in sizes 6"x12" and less regardless of the method of installation. Where the preponderance of materials to be installed comes within the provisions of this Section and when there is also some material in excess of the sizes provided for in this Section, the tile setter shall install all such materials. D. The preparation, setup, calibration, operation, cleaning, and routine maintenance of any mechanical devices or robotics used to install tile and related materials, or that otherwise assist the tile layer in performing any of the work described in Article II and Code 1 of the IU Constitution, as well as the preparation and ongoing maintenance of the work area to allow proper installation of tile and related materials. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 54 Craft: TRAFFIC BARRIER ERECTOR (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Traffic Barrier ADD ZONE RATE In addition to LABORER rates add the applicable amounts per hour, calculated based on a road miles from either the Carson City Courthouse or the Washoe County Courthouse: Zone 1 0 to 75 miles $0.00 Zone 2 75 to 150 miles $5.00 Zone 3 150 to 300 miles $6.00 Zone 4 300 miles and over $7.00 No remote area pay shall be paid within ten (10) miles of employee’s permanent place of residence in the State of Nevada. ADD PREMIUM PAY One and one half (1 ½) the regular straight time hourly rate shall be paid: 1. For all hours worked over eight hours in one day or shift. 2. For any hours worked on Saturday from midnight to midnight. Double the regular straight time hourly rate shall be paid for all time: 1. For all hours worked over twelve (12) hours in one day or shift. 2. For any hours worked on Sunday from midnight to midnight. 3. For any hours worked on holidays from midnight to midnight. RECOGNIZED HOLIDAYS If any of these holidays fall on Sunday, the Monday following shall be considered a Holiday. New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day. JOB DESCRIPTION: Excerpt from Agreement between AGC and LIUNA Local 169 1. Distributing traffic control signs and markers along site in designated pattern; 2. Informing drivers of detour routes through construction sites; ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 55 Craft: Truck Driver (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Dump Trucks (Single or Multiple Units Including Semi's & Double Transfer Units), Dumpcretes and Bulk Cement Spreader) Under 4 yds. (water 4 yds. & under 8 yds. (water 8 yds. & under 18 yds. (water 18 yds. & under 25 yds. ( water level) 25 yds. & under 60 yds. (water 60 yds. & under 75 yds. (water level) 75 yds. & under 100 yds. (water level) 100 yds. & under 150 yds. (water level) 150 yds. & under 250 yds. (water level) 250 yds. & under 350 yds. (water level) 350 yds. & over (water Transit Mix Under 8 Under 8 yrds & including 12 Over 12 Transit Mix (Using Boom) Transit mix with boom shall receive 16 cents per hour above the appropriate yardage classification rate of pay when such boom is Water & Jetting Trucks Up to 2,500 Up to 2,500 gallons & DW 20's & 21's & other similar Cat type, Terry Cobra LeTourneau pulls, Tournerocker, Euclid, & similar type equipment when pulling Aqua/Pak, Water Tank Trailers, & Fuel, and/or Grease Tank Trailer, or other miscellaneous Trailers, (except as defined under "Dump Trucks") Heavy Duty Transport (High Heavy Duty Transport(Gooseneck low Tiltbed or Flatbed Pull Trailers.. Bootman, Comb. Bootman & Road Flat Rack (2 or 3 axle Bus & Manhaul Drivers Up to 18,000 lbs. (single 18,000 lbs. and over Warehousemen Spotter Winch Truck & Frame Drivers Up to 18,000 lbs. 18,000 lbs. and Warehousemen Warehouse Tire Truck Pick Up Truck & Pilot Cars (Jobsite) Pick Up Truck & Pilot Cars (Over the road) Truck Oil Fuel Truck Fuel Man & Fuel Island Oil ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 56 Oil Tanker with TRUCK DRIVER Includes but is not limited to: Driving a tractor trailer combination or a truck to transport goods or materials at the site of a public work or between sites of a public work. (Also, see descriptions listed with Truck Driver rates, if any.) ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 57 Craft: WELL DRILLER (Non-Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Well JOB DESCRIPTION 1. Setting, operating or tending to portable drilling rig machinery and related equipment to drill wells; 2. Extending stabilizing to support and level a drilling rig; 3. Installing water well pumps; 4. Drillings wells for industrial water supplies, irrigation water supplies or water supplies for any other purpose; dewatering or other similar purposes; exploration; hole drilling for geologic and hydrologic information; and core drilling for geologic information. ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 58 GROUP CLASSIFICATIONS LABORER, includes but is not limited to: Group 1 • All cleanup work of debris, grounds, and building including windows and tile • Dumpmen or Spotter (other than asphalt) • Handling and Servicing of Flares, Watchmen • General Laborer • Guideposts and Highway Signs • Guardrail Erection and Dismantling • Limber, Brushloader and Piler • Pavement Marking and Highway Striping • Traffic Barrier Erector • Tending to portable space heaters • Profilograph work all types manual, self propelled or carts • Gabion basket, building, handling, installation and rigging • Dry set paver work • Traffic Barrier Erector Group 2 • Choker setter or Rigger (clearing work only) Pittsburgh • Chipper and similar type brush shredders • Concrete worker (wet or dry) all concrete work not listed in Group 3 included but not limited to: concrete forms stripping, handling, cleaning, oiling and moving to the next point of installation. • Crusher or Grizzly Tender • Greasing Dowels • Guinea Chaser (Stakemen) • Panel Forms (wood or metal) handling, cleaning and stripping of Loading and unloading, (Carrying and handling of all rods and material for use in reinforcing concrete • Railroad Trackmen (maintenance, repair or builders) • Sloper • Semi-Skilled Wrecker (salvaging of building materials other than those listed in Group 3) • Waterproofing work • Epoxy rebar/dowels and anchoring dowel baskets • Placement pouring of concrete including any epoxy resin or similar materials, rodding, spreading and tamping concrete, brooming or brushing, hand application of curing compounds, applying topping (wet or dry) colors or grits, and exposed finishes for architectural work • Concrete patching, dry packing, chipping, stoning, and grouting • Concrete cold whether/rain protection and curing • Placement /anchoring of all earth stabilization/filters fabrics, • Mechanically stabilized Earth (MSE) and Keystone type retaining walls rigging, placing , aligning, backfilling and installation of dead men and any stablilization compenents Group 3 • Asphalt Workers (Ironers, Shovelers, Cutting Machine) • Buggymobile • Chainsaw, Faller, Logloader and Bucker ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 59 • Compactor (all types) • Concrete Mixer under 1/2 yard • Concrete Pan Work (Breadpan type), handling, cleaning\stripping • Concrete Saw, Chipping, Grinding, Sanding, Vibrator • Cribbing, Shoring, Lagging, Trench Jacking, Hand-Guided Lagging Hammer • Curbing or Divider machine • Curb Setter (precast or cut) • Ditching Machine (hand-guided) • Drillers Helper, Chuck Tender • Fence erector including safety, chain link, turtle, field and barbe wire fencing • Form Raiser, Slip Forms • Grouting of Concrete Walls, Windows and Door Jams • Headerboardmen • Jackhammer, Pavement Breaker, Air Spade • Mastic Worker (wet or dry) • Pipewrapper, Kettlemen, Potmen, and men applying asphalt, creosote and similar type materials • All Power Tools (air, gas, or electric), Post Driver • Riprap-Stonepaver and RockSlinger, including placing of sack concrete wet or dry Rototiller • Rigging and Signaling in connection with Laborers' work • Sandblaster, Potmen, Gunmen or Nozzlemen water blasting not covered in group 5A • Vibra-screed • All demolition and wrecking work including but not limited t any torch work cutting, burning, plasma are, dust control, and salvaging (removing and salvaging of all materials, windows, doors, plumbing, and electrical fixtures) and use of customary tools and equipment for demolition and wrecking • All underpinning foundation work, digging and underpinning pits, removal of debris with tuggers or other methods, cutting, handling and installing all shoring boards and lagging boards used for underpinning and foundation work, placement and tying of steel reinforcing for underpinning piers, all tiebacks and soil nail work drilling and grouting, all soldier beam work and us of customary tools and equipment for underpinning foundation work Group 3A • Concrete Specialist • Setting screeds • Screed pins • Curb forms and curb and gutter forms, • Using Darby and push floats, • Hand trowels or hand floating • Marking edging • Using base cove or step tools • Spreading and finishing gypsum • Concrete grinding machines (the terms does not include Rotomill machines for highway overlay grinding) • Troweling machines, • Floating machines • Finishing of epoxy or resin materials, • Operation of skill saw • Laser Screed ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 60 • Laser Level • Curb and Slipform machines, • Stamps or other means or texturing, • Any new devices which are beneficial to the construction of or with concrete or related products. Group 4 • Burning and Welding in connection with Laborers' work • Joy Drill Model TWM-2A, Gardner Denver Model DN143 and similar type drills (in accordance with Memorandum of Understanding between Laborers and Operating Engineers dated at Miami, Florida, Feb. 3, 1954) and Track Drillers, Diamond Core Drillers, Wagon Drillers, Mechanical Drillers on Multiple Units • High scalers including but not limited to laying, anchoring, pinning, cabling and stretching of any rock fall netting, mesh or wire fabric and use of customary tools and equipment for high scaling • Concrete pump operator • Heavy Duty Vibrator with Stinger 5" diameter or over • Pipelayer, Caulker and Bander • Pipelayer-waterline, Sewerline, Gasoline, Conduit and all other types of composition for any purpose buried under ground outside of building including, stringing, trench shoring, backfilling sanding, caution taping, all walk behind equipment and spotting • Laborer work in connection with micro tunneling, directional drilling and pipe-jacking • Cathodic protection, grounding for pipe work • Cleaning of Utility Lines • Slip Lining of Utility Lines (including operation of Equipment) • TV Monitoring and Grouting of Utility Lines • Asphalt Rakers and Asphalt dump Man • All mechanical and pressurized pipe work, including the installation of pipe above and below ground, cathodic protection, bolt up, and support installation in connection to water conveyance, c Group 4A • Foreman Group 5 • Construction Specialists • Blasters and Powdermen, all work of loading, placing, and blasting of all powder and explosives of any type, regardless of method used for such loading and placing Asbestos removal • Lead abatement • Hazardous waste • Material removal Group 5A • Pavement Marking and Highway Striping • Pavement Marking and Highway Striping Foreman • Pavement Marking and Highway Striping work includes but is not limited to: All work by any method preformed in connection with the permanent or temporary application and installation of pavement marking of any kind, brand, type or style on parking lots, airfields, highways, streets and other such surfaces and all work performed in connection with removal of pavement. Group 6 ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 61 • Gunite Foremen, Nozzlemen, Rodmen, Gunmen, Materialmen, Reboundmen • Tunnel and shaft workers/miners and use of customary tools and equipment for tunnel and mine work All worked performed in a compressed air tunnel shaft or chamber including the use of hand, power tools or equipment as necessary in connection with compressed air work ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 62 OPERATING ENGINEER, includes but is not limited to: Group 1 • Engineer Assistant Group 1A • Oiler (Construction) • Partsman Group 2 • Compressor Operator • Material Loader and/or Conveyor Operator (handling building materials) • Pump Operator Group 3 • Bobcat or similar loader, 1/4 cu. yd. or less • Concrete Curing Machines (streets, highways, airports, canals) • Conveyor Belt Operator (tunnel) • Forklift (under 20) • Engineer Generating Plant (500 K.W.) • Mixer Box Operator (concrete plant) • Motorman • Rodman/Chainman • Rotomist Operator • Oiler (truck crane) Group 4 • Concrete Mixer Operator, Skip type • Dinky Operator • Forklift (20' or over) or Lumber Stacker • Ross Carrier • Skip Loader Operator (under one cu. yd.) • Tie Spacer Group 5 • Concrete Mixers (over one cu. yd.) • Concrete Pumps or Pumpcrete Guns • Elevator and Material Hoist (one drum) • Groundman for Asphalt Milling and similar Group 6 • Auger type drilling equipment up to and including 30 ft. depth digging capacity M.R.C. • Boom Truck or Dual-Purpose a-Frame Truck • B.L.H. Lima Road Pactor or similar • Chip Box Spreader (Flaherty type or similar) • Concrete Batch Plant (wet or dry) • Concrete Saws (highways, streets, airports, canals) • Locomotives (over thirty (30) tons) • Maginnis International Full Slab Vibrator (airports, highways, canals and warehouses) • Mechanical Finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types) ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 63 • Mechanical Burn, Curb and/or Curb and Gutter Machine (concrete or asphalt) • Pavement Breaker, Truck Mounted, with compressor combination • Pavement Breaker or Tamper (with or without compressor combination) • Power Jumbo Operator (setting slip-forms, etc., in tunnels) • Roller Operator (except asphalt) • Self-Propelled Tape Machine • Self-Propelled Compactor (single engine) • Self-Propelled Power Sweeper Operator • Slip-Form Pump (power-driven by hydraulic, electric, air, gas, etc. lifting device for concrete forms) • Small Rubber-Tired Tractors • Snooper Crane, Paxton-Mitchell or similar • Stationary Pipe Wrapping, Cleaning and Bending Machine Operator Group 7 • Auger type drilling equipment over 30 ft. depth digging capacity M.R.C. • Compressor (over 2) • Concrete Conveyor or Concrete Pump, truck or equipment mounted (any assistance required shall be performed by an Assistant to Engineer) Boom length to apply Concrete Conveyor, Building Site • Drilling and Boring Machine, vertical and horizontal (not to apply to waterliners, wagon drills or jack hammers) • Crusher Plant Engineer • Generators • Instrument Man • Kolman Loader • Material Hoist (two or more drums) • Mine or Shaft Hoist • Pipe Bending Machines (pipeline only) • Pipe Cleaning Machines (tractor-propelled and supported) • Pipe Wrapping Machines (tractor-propelled and supported) • Portable Crushing and Screening Plants • Post Driller And/or Driver • Pumps (over 2) • Screedman (except asphaltic or concrete paving) • Self-Propelled Boom-Type Lifting Device (center mount) (on ten (10) ton capacity or less) • Slusher Operator • Soil Tester (Certified) • Soils and Materials Tester • Surface Heater and Planer Operator • Trenching Machine (maximum digging capacity three ft. depth) (Any assistance in the operation, if needed, shall be performed by an Assistant to Engineer) • Truck-Type Loader • Welding Machines (gasoline or diesel) Group 8 • Articulated on-Site Dump Trucks • Asphalt Plant Engineer • Asphalt Milling Machine ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 64 • Cast-In-Place Pipe-Laying Machine • Combination Slusher and Motor Operator • Concrete Batch Plant (multiple units) • Dozer Operator • Drill Doctor • Elevating Grader Operator • Stiff Frame Off Road Haul Trucks • Grooving and Grinding Machine (highways) • Ken Seal Operator • Marination Plant • Loader (up to and including two and one-half (2 1/2) cu. yds) • Mechanical Finishers or Spreader Machine (asphalt, Barber-Greene or similar) • Shuttle Buggy • Mechanical Trench Shield • Mixermobile • Push Cats • Road Oil Mixing Machine Operator Wood-Mixer (and other similar Pugmill equipment) • Roller Operator (asphalt) • Rubber-Tired Earthmoving Equipment (up to and including thirty-five (35) cu. yds. "struck " M.R.C., Euclids, T-Pulls, DW10, 20, 21 and similar) • Water Pull • Screedman (Barber-Greene and similar) (asphaltic or concrete paving) • Self-Propelled Compactors with Dozer; Hyster 450, Cat 825 or similar • Sheepfoot • Small Tractor (with boom) • Soil Stabilizer (P & H or equal) • Timber Skidder (rubber-tired) or similar equipment • Track Loader • Tractor-Drawn Scraper • Tractor Operator • Tractor-Mounted Compressor Drill Combination • Trenching Machine Operator (over three feet depth) • Tri-Batch Paver • Tunnel Badger or Tunnel Boring Machine Operator • Tunnel Mole Boring Machine • Vermeer T-600b Rock Cutter • Vacuum Truck(excludes trailer mounted vaccums) Group 9 • Chicago Boom • Combination Backhoe and Loader (up to and including 3/8 cu. yd.) • Combination Mixer and Compressor (gunite) • Heavy Duty Repairman and/or Welder • Lull Hi-Lift (twenty (20) feet or over) • Mucking Machine • Sub-Grader (Gurries or other types) • Tractor (with Boom) (D6 or larger) • Track-Laying-Type Earthmoving Machine (single engine with tandem scrapers) ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 65 Group 10 • Boom-Type Backfilling Machine • Bridge Crane • Cary-Lift or similar • Chemical Grouting Machine • Chief of Party • Derricks (two Group 10 Operators required when swing engine remote from hoist) • Derrick Barges (except excavation work) • Euclid Loader and similar types • Heavy Duty Repairman • Heavy Duty Rotary Drill Rigs • Lift-Slab (Vagtborg and similar types) • Loader (over two and one-half (2 1/2 cu. yds. up to and including four cu. yds.) • Locomotive (over one hundred (100) tons, single or multiple units) • Multiple-Engine Earthmoving Machines (Euclid Dozers, etc.) • Pre-Stress Wire Wrapping Machine • Rubber-Tired Scraper, Self-Loading • Single-Engine Scraper (over thirty-five (35) cu. yds.) • Shuttle Car (Reclaim Station) • Train Loading Station • Trenching Machine multi-engine with sloping attachments (Jefco or similar) • Vacuum Cooling Plant • Whirley Crane (up to and including twenty-five (25) tons) Group 10A • Backhoe-Hydraulic (up to and including one cu. yd.) • Backhoe (up to and including one cu. yd.) (Cable) • CMI Dual Lane Auto-Grader SP30 or similar type • Cranes (not over twenty-five (25) tons) (hammerhead and gantry) • Finish Blade • Gradalls (up to and including one cu. yd.) • Motor Patrol Operator • Power Shovels, Clamshells, Draglines, Cranes (up to and including one cu. yd.) • Rubber-Tired Scraper, Self-Loading (twin engine) • Self-Propelled Boom-Type Lifting Device, center mount (over 10 tons up to and including 25 tons) Group 11 • Automatic Asphalt or Concrete Slip-Form Paver • Automatic Railroad Car Dumper • Canal Trimmer • Cary Lift, Campbell or similar type • Cranes (over twenty-five (25) tons) • Euclid Loader when controlled from the Pullcat • Finish Blade • Gradesetter, Grade Checker • Highline Cableway Operator • Loader (over four cu. yds. up to and including twelve (12) cu. yds.) ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 66 • Multi-Engine Earthmoving Equipment (up to and including seventy-five (75) cu. yds. struck m.r.c.) • Multi-Engine Scrapers (when used to Push Pull) • Power Shovels, Clamshells, Draglines, Backhoes Gradalls (over one cu. yd. and up to and including seven cu. yds. m.r.c.) • Self-Propelled Boom-Type Lifting Device (center mount) (over 25 tons m.r.c.) • Self-Propelled Compactor (with multiple-propulsion power units) • Single-Engine Rubber-Tired Earthmoving Machine, with Tandem Scraper • Slip-Form Paver (concrete or asphalt) • Tandem Cats and Scraper • Tower Crane Mobile (including Rail Mount) • Truck Mounted Hydraulic Crane when remote control equipped (over 10 tons up to and including 25 tons) • Universal Liebher and Tower Cranes (and similar types) • Wheel Excavator (up to and including seven hundred fifty (750) cu. yds. per hour) • Whirley Cranes (over twenty-five (25) tons) Group 11A • Band Wagons (in conjunction with Wheel Excavators) • Operator of Helicopter (when used in construction work) • Loader (over twelve (12) cu. yds.) • Multi-Engine Earthmoving Equipment (over seventy-five (75) cu. yds. "struck” m.r.c.) • Power Shovels. Clamshells, Draglines, Backhoes, and Gradalls (over seven 7 cu. yds. m.r.c.) • Remote-Controlled Earth Moving Equipment • Wheel Excavator (over seven hundred fifty (750) cu. yds. per hour) Group 11B • Holland Loader or similar or Loader (over 18 cu. yds.) OPERATING ENGINEERS - Steel Fabricator & Erector Group 1 • Cranes over 100 tons • Derrick over 100 tons • Self-Propelled Boom Type Lifting Devices over 100 tons Group 2 • Cranes over 45 tons up to and including 100 tons • Derrick, 100 tons and under • Self-Propelled Boom Type Lifting Device, over 45 tons • Tower Crane Group 3 • Cranes, 45 tons and under • Self-Propelled Boom Type Lifting Device, 45 tons and under Group 4 • Chicago Boom • Forklift, 10 tons and over ---PAGE BREAK--- 2024-2025 Prevailing Wage Rates - Northern Nevada Rural Region Page 67 • Heavy Duty Repairman/Welder Group 5 • Boom Cat OPERATING ENGINEER -PILEDRIVER Group 1 • Derrick Barge Pedestal mounted over 100 tons • Clamshells over 7 cu. yds. • Self-Propelled Boom Type Lifting Device, over 100 tons • Truck Crane or Crawler, land or barge mounted over 100 tons Group 2 • Derrick Barge Pedestal mounted 45 tons up to and including 100 tons • Clamshells up to and including 7 cu. yds. • Self-Propelled Boom Type Lifting Device over 45 tons • Truck Crane or Crawler, land or barge mounted, over 45 tons up to and including 100 tons Group 3 • Derrick Barge Pedestal mounted under 45 tons • Self-Propelled Boom Type Lifting Device 45 tons and under • Skid/Scow Piledriver, any tonnage • Truck Crane or Crawler, land or barge mounted 45 tons and under Group 4 • Assistant Operator in lieu of Assistant to Engineer • Forklift, 10 tons and over • Heavy Duty Repairman/Welder Group 5 No current classification Group 6 • Deck Engineer Group 7 No current classification Group 8 • Deckhand • Fireman ---PAGE BREAK--- Carson City: 1818 E. College Parkway, Suite 102 Carson City, Nevada 89706 - Telephone (775) 684-1890 - Fax (775) 687-6409 Las Vegas: 3340 West Sahara Avenue, Las Vegas, Nevada 89102 - Telephone (702) 486-2650 - Fax (702) 486-2660 www.labor.nv.gov STATE OF NEVADA DEPARTMENT OF BUSINESS AND INDUSTRY OFFICE OF THE LABOR COMMISSIONER 2024-2025 Prevailing Wage Amendment 1 • AMENDMENT 1 • Classification – Ironworker • County – All Regions • Effective – January 1, 2025 The following represents the amended wage rates Prevailing wage rates include the base rate as well as all applicable fringes Ironworker-Journeyman………..………….………………………………………………86.36 Ironworker Ironworker-General JOE LOMBARDO Governor DR. KRISTOPHER SANCHEZ Director BRETT K. HARRIS, ESQ. Labor Commissioner ---PAGE BREAK--- Carson City: 1818 E. College Parkway, Suite 102, Carson City, Nevada 89706 - Telephone (775) 684-1890 - Fax (775) 687-6409 Las Vegas: 3340 W. Sahara Avenue, Las Vegas, Nevada 89102 - Telephone (702) 486-2650 - Fax (702) 486-2660 www.labor.nv.gov [EMAIL REDACTED] STATE OF NEVADA DEPARTMENT OF BUSINESS AND INDUSTRY OFFICE OF THE LABOR COMMISSIONER 2024-2025 Prevailing Wage Amendment 2 • AMENDMENT 2 • Classification: Sprinkler Fitter • Region: Northern Nevada Rural and Washoe County Region • Effective: April 15, 2025 The following represents the amended zone rate. Craft: SPRINKLER FITTER (Union Rate) Prevailing wage rates include the base rate as well as all applicable fringes Sprinkler Fitter Sprinkler Fitter Sprinkler Fitter General ADD ZONE RATE In addition to SPRINKLER FITTER rates add the applicable amounts per day, calculated based on a road from the courthouse in Reno, Nevada: Zone 1 0 to 60 miles $0.00 Zone 2 60 to 80 miles $23.00 Zone 3 80 to 100 miles $33.00 Zone 4 Over 100 miles $125.00 JOB DESCRIPTION Installing, dismantling, maintenance, repairs, adjustments and corrections of all fire protection and fire control systems Including the unloading, handling by hand, power equipment and installation of all piping or tubing, appurtenances and equipment pertaining thereto, including both overhead and underground water mains, fire hydrants and hydrant mains, standpipes, and hose connections to sprinkler systems, sprinkler tank heaters, air lines and thermal systems used in connection with sprinkler and alarms systems, also all tanks and pumps connected thereto. Also, including shall be CO2 and Cardox Systems, Dry Chemical Systems, Foam Systems and all other fire protection systems, but excluding steam fire protection systems. JOE LOMBARDO Governor DR. KRISTOPHER SANCHEZ Director BRETT K. HARRIS, ESQ Labor Commissioner ---PAGE BREAK--- Carson City: 1818 E. College Parkway, Suite 102, Carson City, Nevada 89706 - Telephone (775) 684-1890 - Fax (775) 687-6409 Las Vegas: 3340 W. Sahara Avenue, Las Vegas, Nevada 89102 - Telephone (702) 486-2650 - Fax (702) 486-2660 www.labor.nv.gov [EMAIL REDACTED] STATE OF NEVADA DEPARTMENT OF BUSINESS AND INDUSTRY OFFICE OF THE LABOR COMMISSIONER 2024-2025 Prevailing Wage Amendment 3 • AMENDMENT 3 • Classification: Ironworker • Region: All Regions • Effective: June 1, 2025 The following represents the amended wage rates: Prevailing wage rates include the base rate as well as all applicable fringes Ironworker Ironworker JOE LOMBARDO Governor DR. KRISTOPHER SANCHEZ Director BRETT K. HARRIS, ESQ Labor Commissioner ---PAGE BREAK--- EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 41 43 BID FORM FOR CONSTRUCTION CONTRACTS Endorsed by ---PAGE BREAK--- EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 00 41 43 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 EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. ---PAGE BREAK--- EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i TABLE OF CONTENTS 2025 Seeman Ranch Dog Park PWP‐DO‐2025‐502 Page ARTICLE 1 – Bid Recipient 1 ARTICLE 2 – Bidder’s Acknowledgements 1 ARTICLE 3 – Bidder’s Representations 1 ARTICLE 4 – Bidder’s Certification 2 ARTICLE 5 – Basis of Bid 3 ARTICLE 6 – Time of Completion 5 ARTICLE 7 – Attachments to this Bid 5 ARTICLE 8 – Defined Terms 5 ARTICLE 9 – Bid Submittal 6 ---PAGE BREAK--- EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 ARTICLE 1 – BID RECIPIENT 1.01 This Bid is submitted to: Town of Minden, 1604 Esmeralda Ave., Minden, NV 89423 Attention: JD Frisby 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. 2.02 Bidder accepts all of the requirements stated in the Title VI Non‐Discrimination Assurances in the Project Bid documents. ARTICLE 3 – BIDDER’S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. If included in the bidding documents, Bidder has carefully studied all: 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 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. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site‐related ---PAGE BREAK--- EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of the Work; the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and Bidder’s safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, 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. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 – BIDDER’S CERTIFICATION 4.01 Bidder certifies 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 collusive 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 engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. “fraudulent practice” means an intentional misrepresentation of facts made to influence the bidding process to the detriment of Owner, to establish bid prices at artificial non‐competitive levels, or 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 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. ---PAGE BREAK--- EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 ARTICLE 5 – BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following prices(s): UNIT PRICE BID SCHEDULE Item No. Item Est. Quantity Unit Bid Unit Price Bid Price BASE BID ITEMS 1 Mobilization 1 LS $ $ 2 Material Sampling & Testing 1 LS $ $ 3 Compliance 1 LS $ $ 4 Construction Staking 1 LS $ $ 5 Dust Control & Watering 1 LS $ $ 6 Temporary Construction Fencing 1 LS $ $ 7 Subsurface Investigation & Utility Coordination 1 LS $ $ 8 Clearing, Grubbing & Demolition 1 LS $ $ 9 Clear Nature Area of Debris 1 LS $ $ 10 Earthwork & Grading 1 LS $ $ 11 Export & Dispose of Excess Materials 1 LS $ $ 12 Import Fill 51 CY $ $ 13 Tie into Existing Irrigation System 1 LS $ $ 14 1” Polyethylene Water Pipe 290 LF $ $ 15 1” Ball Valve Assembly 2 EA $ $ 16 24” RCP Culvert w/ End Sections 20 LF $ $ 17 10’ Gravel Pavement Walking Path per Details on D1 1,500 SF $ $ 18 5’ Gravel Pavement Walking Path per Details on D1 3,250 SF $ $ 19 Chain Link Fence w/ Fence Curb 685 LF $ $ ---PAGE BREAK--- EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 20 6’ Main Gates 2 EA $ $ 21 16’ Wide Double Gate 1 EA $ $ 22 Mow Curb 625 LF $ $ 23 Dog Park Water Fountain 1 EA $ $ 24 Dog Waste Station 1 EA $ $ 25 Dog Park Signage 1 EA $ $ 26 Frost‐Free Water Hydrant 1 EA $ $ 27 Park Bench & Trash Receptacle w/ Concrete Slab 4 EA $ $ 28 Irrigation System 1 LS $ $ 29 2” CAL Staked Planted Tree 20 EA $ $ 30 Grass/Lawn Sod 20,533 SF $ $ 31 3” Depth Rock Mulch Type 1 725 SF $ $ 32 4” Depth Rock Mulch Type 2 325 SF $ $ Total Bid – Base Bid Items $ Total Bid in words: Dollars And Cents Check One: We qualify and claim the Preferential Bidder Status as specified in NRS 338.147 and have attached the appropriate information in accordance with the requirements of NRS 338. We do not qualify for the Preferential Bidder Status as specified in NRS 338.147 Bidder acknowledges that Bid includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit, and when applicable, 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 Owner shall check Bids for mathematical errors. If errors have been made in the extensions of the figures, the Bid Unit Price will be the binding amount and the total amounts will be revised to reflect the corrections. ---PAGE BREAK--- EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 The low Bid shall be considered to be the Bid which has the lowest total cost of the possible combinations of the base bid and additive alternates (in order of priority) that meet the construction budget. ARTICLE 6 – TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete within 45 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 45 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. ARTICLE 7 – ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of the bid: A. Bidders Checklist Bidders are instructed to complete and return the following forms as part of the bid package in order for their bids to be complete. If a contractor fails to submit the following forms the contractors bid will be deemed not responsive. 1. Bid Form 2. Bidder’s Qualification Statement – Section 00 43 13.01 3. List of Proposed Subcontractors (Submitted with Bid) – Section 00 45 13.02 4. List of Proposed Suppliers 5. Required Bid Bond/Security 6. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids (on bidder supplied form) 7. Contractor’s License Number or Evidence of Bidder’s ability to obtain a State Contractor’s License and a covenant by Bidder to obtain said license within the time for acceptance of Bids (on bidder supplied form) 8. If claiming Nevada Preferential Bidder Status, attach required affidavits and other appropriate information in accordance with the requirements of NRS 338 Within 2 hours after the completion of the opening of the bids, the Contractors who submitted the three lowest bids are instructed to complete and return the following forms to complete the bid package. If a contractor fails to submit the following forms within 2 hours of the bid closing the contractors bid will be deemed not responsive. 1. List of Subcontractors (Submitted after Bid) 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. ---PAGE BREAK--- EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 ARTICLE 9 – BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Telephone Number: Fax Number: Contact Name and e‐mail address: Bidder’s License No.: (where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. ---PAGE BREAK--- ---PAGE BREAK--- PENAL SUM FORM EJCDC® C‐430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 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: Town of Minden 1604 Esmeralda Avenue, Suite 101 Minden, NV 89423 BID Bid Due Date: September 22, 2025 Description: 2025 Seeman Ranch Dog Park 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 ---PAGE BREAK--- PENAL SUM FORM EJCDC® C‐430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 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. ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park 00440-1 5% Subcontractor List Contract Documents (October 2025) SECTION 00440 5% SUBCONTRACTOR LIST Per NRS Chapter 338.141, each Bid submitted must include the name of the prime contractor and each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding five percent of the prime contractor's total bid. If a Bidder fails to provide a complete list, their Bid shall be deemed not responsive. Subcontractors must not be on a disqualified status with the State Public Works Board. Complete the following table for the prime contractor and first tier subcontractors who will be employed and the segregation of the Work each will perform if the Contract is awarded to the party or parties listed herein. First tier subcontractor is defined as a contractor who contracts directly with a prime contractor to provide labor, materials, or services for a construction project, as defined by NRS 338.141(8)(a). Work to be Performed Percentage of Total Contract Subcontractor's Name, Address, and License Number 1. (Prime Contractor) 2. (Subcontractor) 3. (Subcontractor) 4. (Subcontractor) 5. (Subcontractor) 6. (Subcontractor) NOTE: Additional numbered pages may be attached if needed. ---PAGE BREAK--- ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park 00441-1 1% Subcontractor List Contract Documents (October 2025) SECTION 00441 1% SUBCONTRACTOR LIST Per NRS Chapter 338.141, within 2 hours after the completion of the opening of the bids, the prime contractors who submitted the three lowest bids must submit a list containing: The name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding $250,000. OR If any one of the prime contractors who submitted one of the three lowest bids will employ a first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will not be paid an amount exceeding $250,000, the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid 1 percent of the prime contractor's total bid or $50,000, whichever is greater. If a Bidder fails to provide a complete list with all requested information provided, their Bid shall be deemed not responsive. Subcontractors must not be on a disqualified status with the State Public Works Board. Complete the following table for the prime contractor and first tier subcontractors who will be employed and the segregation of the Work each will perform if the Contract is awarded to the party or parties listed herein. First tier subcontractor is defined as a contractor who contracts directly with a prime contractor to provide labor, materials, or services for a construction project, as defined by NRS 338.141(8)(a). Work to be Performed Percentage of Total Contract Subcontractor's Name, Address, and License Number 1. (Prime Contractor) 2. (Subcontractor) 3. (Subcontractor) 4. (Subcontractor) 5. (Subcontractor) NOTE: Additional numbered pages may be attached if needed. ---PAGE BREAK--- ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park Bidder’s Qualification Statement 00 45 13.01 Section 00 45 13.01 – Bidder’s Qualification Statement Submitted By: Name of Organization Name of Individual/Title Address Telephone/Fax Project Contact/Title Submitted To: Name Town of Minden Address 1604 Esmeralda Ave Minden, NV 89423 Telephone/Fax Telephone 775‐782‐5976 Fax 775‐782‐5287 Project Contact JD Frisby Project Name and Description (if Applicable) 2025 Seeman Ranch Dog Park Contractor’s General Business Information Check if: Corporation Partnership Joint Venture Sole Proprietorship If Corporation: 1. Date and State of Incorporation 2. List of Executive officers name(s) and title ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park Bidder’s Qualification Statement 00 45 13.01 If Partnership: 1. Date and State of Organization 2. Names of Current General Partners 3. Type of Partnership General Publicly Traded Limited Other (describe): If Joint Venture: 1. Date and State of Incorporation 2. Name, Address, and Form of Organization of Joint Venture Partners: (Indicate managing partner by an asterisk*) 1. On Schedule A (attached), list major engineered construction projects completed by this organization in the past five years (if joint venture list each participant’s projects separately). 2. On Schedule B (attached), list current projects under construction by this organization (if joint venture, list each participant’s projects separately). 3. On Schedule C (attached), provide details of the construction experience of the principal individuals of your organization directly involved in construction operations. 4. Does your organization possess a valid State of Nevada Contractor’s license of a class corresponding to the work to be performed? Yes No If yes, list the license number(s) and classification(s). ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park Bidder’s Qualification Statement 00 45 13.01 5. List the licensed categories of work that your company normally performs with its own workforce. 6. Can your organization provide performance and payment bonds for this project? Yes No 7. What is you approximate total bonding capacity? $0 to $500,000 $500,000 to $2,000,000 $2,000,000 to $5,000,000 $5,000,000 to $10,000,000 $10,000,000 or more 8. Name of Surety company and name, address, and phone number of agent 9. Does your organization have the ability to obtain and maintain insurance coverage for public liability and property damage, and all other insurance as specified and for the limits required in the contract documents? Yes No 10. Is your organization a member of a controlled group of corporations as defined in I.R.C. Sec. 1563? Yes No If yes, show names and addresses of affiliated companies. 11. Has your organization ever failed to complete any construction contract awarded to it? Yes No If yes, describe the circumstances and provide details. 12. Has any corporate officer, partner, joint venture participant or proprietor ever failed to complete a construction contract awarded to him or her in their own name or when acting as a principal of another organization? Yes No If yes, describe the circumstances and provide details. ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park Bidder’s Qualification Statement 00 45 13.01 13. In the last five years, has your organization ever failed to substantially complete a project in a timely manner? Yes No If yes, describe the circumstances and provide details. 14. Does your organization now have any legal suits or arbitration claims pending or outstanding against it or any officers? Yes No If yes, describe the circumstances and provide details. 15. Has your organization had a contract partially or completely terminated for default (cause) within the past five years? Yes No If yes, describe the circumstances and provide details. 16. Has your organization been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.13895? Yes No If yes, describe the circumstances and provide details. 17. Has your organization been convicted of a violation for discrimination in employment during the 2 years immediately preceding this bid? Yes No If yes, describe the circumstances and provide details. ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park Bidder’s Qualification Statement 00 45 13.01 18. Has your organization been disciplined or fined or disciplined by the State of Nevada Contractor’s Board or another state or federal agency for conduct that relates to the ability to perform the work required for this project? Yes No If yes, describe the circumstances and provide details. 19. Does your organization have a safety program that complies with the requirements of NRS 618? Yes No If yes, describe the circumstances and provide details. 20. Describe the permanent safety program you maintain within your organization. 21. During the 5 years immediately preceding the date of this bid, has your organization filed as a debtor under the provisions of the United States Bankruptcy Code? Yes No If yes, describe the circumstances and provide details. 22. During the 5 years immediately preceding the date of this bid, has your organization, as a result of causes within the control of your organization or a subcontractor or supplier of your organization, failed to perform any contract: a. In a manner specified by the contract and any change orders approved by the person or governmental entity that awarded the contract or its authorized representative? Yes No If yes, describe the circumstances and provide details. b. Within the time specified by the contract or as modified by any change orders approved by the person or governmental entity that awarded the contract or its authorized representative? Yes No ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park Bidder’s Qualification Statement 00 45 13.01 If yes, describe the circumstances and provide details. c. For the amount of money specified in the contract or as modified by any change orders approved by the person or governmental entity that awarded the contract or its authorized representative? Yes No If yes, describe the circumstances and provide details. 23. Furnish the following information with respect to an accredited banking institution familiar with your organization. Name of Bank Address Account Manager Telephone I hereby certify that the information submitted herewith, including any attachment, is true to the best of my knowledge and belief. Signature: Name: Title: Dated: ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park Bidder’s Qualification Statement 00 45 13.01 Schedule A – List of Major Engineered Construction Projects Completed in the Past Five Years Reference, Address, and Phone Contract Price Date Completed Design Engineer Owner Name, Location, and Description of Project ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park Bidder’s Qualification Statement 00 45 13.01 Schedule B – List of Current Projects Under Construction Reference, Address, and Phone Scheduled Completion Contract Price/ Percent Completed Design Engineer Owner Name, Location, and Description of Project ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park Bidder’s Qualification Statement 00 45 13.01 Schedule C – Construction Experience of Principal Individuals Involved in Construction Operations Prior Positions and Experience in Construction Date Started in Construction with this Organization Position Name ---PAGE BREAK--- ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park List of Proposed Subcontractors (Submitted with Bid) 00 45 13.02 Section 00 45 13.02 – List of Proposed Subcontractors (Submitted with Bid) The Bidder will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work and value of subcontractor’s work that exceeds five percent & one percent of the total bid amount and will state the firm name, license number, principal location of the mill, shop, or office, and contact information of each. Pursuant to NRS 338.141, the prime Contractor shall list the prime Contractor’s name if he will self‐perform any work exceeding 1 percent of the prime Contractor’s total bid, and a description of the portion of the work or improvement which the prime Contractor will complete; or a statement that the prime Contractor will perform all work other than that being performed by a subcontractor named in the bid. ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park List of Proposed Subcontractors (Submitted with Bid) 00 45 13.02 BIDDER SUBCONTRACTOR INFORMATION (For Subcontractors exceeding five percent of the bid amount) Contractor: Total Bid Amount This information must be submitted with your bid proposal. SUBCONTRACTOR NAME AND ADDRESS PHONE NO. PROPOSAL ITEM NO(S).* NEVDADA CONTRACTOR LICENSE # LICENSE LIMIT DESCRIPTION OF WORK OR SERVICES TO BE SUBCONTRACTED The undersigned affirms all work, other than that being performed by the subcontractors listed in the subcontractor reports submitted for this contract, will be performed by the Prime Contractor listed above. *Please list all items (attach a separate sheet if necessary). Do not enter “multiple” or “various”. ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park List of Proposed Subcontractors (Submitted with Bid) 00 45 13.02 BIDDER SUBCONTRACTOR INFORMATION (For Subcontractors exceeding one percent of the bid amount) Contractor: Total Bid Amount This information must be submitted with your bid proposal. SUBCONTRACTOR NAME AND ADDRESS PHONE NO. PROPOSAL ITEM NO(S).* NEVDADA CONTRACTOR LICENSE # LICENSE LIMIT DESCRIPTION OF WORK OR SERVICES TO BE SUBCONTRACTED The undersigned affirms all work, other than that being performed by the subcontractors listed in the subcontractor reports submitted for this contract, will be performed by the Prime Contractor listed above. *Please list all items (attach a separate sheet if necessary). Do not enter “multiple” or “various”. ---PAGE BREAK--- ---PAGE BREAK--- Town of Minden 2025 Seeman Ranch Dog Park List of Subcontractors (Submitted after Bid) 00 45 13.03 Section 00 45 13.03 – List of Subcontractors (Submitted after Bid) Per NRS 338, within 2 hours after the completion of the opening of the bids, the contractors who submitted the three lowest bids must submit a list containing the name of each first tier subcontractor who will provide labor or a portion of the work on the public work to the prime contractor for which the first tier subcontractor will be paid an amount exceeding 1 percent of the prime contractor’s total bid or $50,000, whichever is greater, and the number of the license issued to the first tier subcontractor pursuant to chapter 624 of NRS. If a general contractor fails to submit such a list within the required time, his bid shall be deemed not responsive. To be deemed a responsive bid, this form must be submitted even if no subcontractors are required to be listed. The prime contractor shall list itself on the subcontractor’s list if they will be providing any of the work on the project. Name Address License Number Portion of Work and Value ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐510 (Rev. Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 NOTICE OF AWARD Date of Issuance: Owner: Town of Minden Owner's Contract No.: TOMPRK2025-001 Engineer: John Frisby, P.E., Town Manager Engineer's Project No.: TOMPRK2025-001 Project: 2025 Seeman Ranch Dog Park Contract Name: Seeman Ranch Dog Park 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: 2025 Seeman Ranch Dog Park The Contract Price of the awarded Contract is: $ Two unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies 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 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 performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders; General Conditions, Articles 2 and 6; and Supplemental Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Deliver completed Project Workforce Checklist and documentation for any Apprenticeship Utilization Act Waiver Requests that are required. 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: Town of Minden Authorized Signature By: John Frisby Title: Town Manager Copy: Engineer ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) Endorsed by ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 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 EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 8 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between Town of Minden, a political subdivision of the State of Nevada (“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: Improvements include pulverization of existing pavement, grading and compaction of base course, removal and replacement of asphalt, and removal and replacement of sidewalk, curb and gutter, and ADA accessible ramps. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 2025 Seeman Ranch Dog Park ARTICLE 3 – ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by Town of Minden and John D Frisby is the Project Engineer. 3.02 CONTRACT TIMES 3.03 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. 3.02 Contract Times: Days A. The Work will be substantially completed within 45 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 within 45 days after the date when the Contract Times commence to run. 3.03 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 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): ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 8 1. Substantial Completion: Contractor shall pay Owner $1,500 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 Times (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. ARTICLE 4 – CONTRACT PRICE 4.01 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 Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of unit price work times the actual quantity of that item. B. The bid prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. Work shall include the following items: 1. Total Unit Price Work (subject to final Unit Price Adjustment) ARTICLE 5 – PAYMENT PROCEDURES 5.01 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. 5.02 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 1st 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. B. Progress payments will be made as follows: 1. Until fifty percent (50%) of the Work required by this Agreement has been performed, progress payments will be paid in an amount equal to ninety‐five percent (95%) of each invoice. The remaining five percent will be withheld as retainage. 2. After fifty percent (50%) of the Work required by this Agreement has been performed, if requested by the Contractor, the Owner may pay to the Contractor any of the ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 8 remaining progress payments without withholding additional retainage if, in the Engineer’s opinion, satisfactory progress is being made on the Services in accordance with NRS 338.515. 3. If, after fifty percent (50%) of the Work required by this Agreement has been performed, the Engineer determines that satisfactory progress is being made, the Owner may pay any amount of retainage withheld from progress payments made during the Contractor’s completion of the first fifty percent (50%) of Work required by this Agreement on the condition that if a subcontractor performed a portion of the Work, the Engineer determined that such Work was in compliance with this Agreement, the subcontractor submits to the Contractor a release of a mechanics lien for the portion of Work so completed, and a release of any applicable mechanics lien from each of the subcontractor’s subcontractors and suppliers, and the amount of retainage the Owner pays is in proportion to the Work which the subcontractor performed. If the Contractor is paid for any retainage for Work completed by its subcontractors, the Contractor must pay to the subcontractor any retainage it held pursuant to NRS 338.555. 4. If the Engineer determines that satisfactory progress is being made on the Work and does not withhold any amount pursuant to NRS 338.525, the Owner may pay ninety‐ seven and one‐half percent (97.5%) of the amount of each invoice after completion of the first fifty percent (50%) of the Work and will release to the Contractor fifty percent (50%) of the retainage withheld from invoices received for the first fifty percent (50%) of Work completed. If the Engineer determines that satisfactory progress is not being made on the Work and does withhold an amount pursuant to NRS 338.525, the Owner may pay ninety‐five percent (95%) of the amount of each invoice after completion of the first fifty percent (50%) of the Services and will continue to withhold the retainage withheld from invoices received for the first fifty percent (50%) of Services completed. The final audit shall be performed after the release of the retainage and may cause an adjustment of payments to the Owner or to the Contractor. C. Except as otherwise provided in NRS 338.525, the Owner will pay the Contractor the actual cost of the supplies, materials and equipment, that are identified in Contract; have been delivered and stored at the location; and in the time and manner specified in the Contract by the Contractor or subcontractor or supplier for use in the Work; and are in short supply or were specially made project. 5.03 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 6 – INTEREST 6.01 All amounts not paid when due shall bear interest, payable at the end of each quarter, at the rate equal to the rate quoted by at least three insured banks, credit unions or savings and loan associations in this State as the highest rate paid on a certificate of deposit whose duration is approximately 90 days on the first day of the quarter. If the amount due to the Contractor at the end of the quarter is less than $500, Owner may hold the interest in accordance with NRS 338.515. ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 8 ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 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. If applicable, Contractor has carefully studied all: 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 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, if applicable, the Site‐related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of the Work; the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 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. 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 8 – CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 8 1. This Agreement. 2. Performance bond. 3. Payment bond. General Conditions (pages 1 to 65, inclusive). 4. Supplementary Conditions (pages 1 to 24, inclusive). 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of 21 sheets. 7. Addenda (number to 8. 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. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 9 – MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 9.02 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. 9.03 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. ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 8 9.04 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. 9.05 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 anything 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 to influence the bidding process or the execution of the Contract to the detriment of Owner, to establish Bid or Contract prices at artificial non‐competitive levels, or 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 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. 9.06 Legal A. To the extent that the disputes aren’t resolved in accordance with Article 17, then any litigation regarding the interpretation or enforcement of this Agreement or any of the Contract Documents must be litigated in the appropriate court with jurisdiction, located in Douglas County, Nevada. 9.07 Fair Employment Practices A. In connection with the performance of work under this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship. B. The Contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. C. Any violation of such provision by the Contractor constitutes a material breach of Contract. D. If applicable, The Contractor further agrees to comply with the preferential employment requirements set forth in NRS 338.130. If the provisions of NRS 338.130 are not complied with, said non‐compliance will render the Agreement void. 9.08 Non‐Appropriation ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 8 A. All payments under this contract are contingent upon the availability to the County of the necessary funds. In accordance with NRS 354.626 and any other applicable provision of law, the financial obligations under this contract between the parties shall not exceed those monies appropriated and approved by the County for this contract for the then current fiscal year under the Local Government Budget Act. This contract shall terminate and the County’s obligations under it shall be extinguished if the County fails to appropriate monies. B. Nothing in this contract shall be construed to provide Contractor with a right of payment over any other entity. Any funds obligated by the County under this contract that are not paid to Contractor shall automatically revert to the County’s discretionary control upon the completion, termination, or cancellation of the agreement. The County shall not have any obligation to re‐award or to provide, in any manner, the unexpended funds to Contractor. Contractor shall have no claim of any sort to the unexpended funds. 9.09 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 in the Supplementary Conditions. ---PAGE BREAK--- EJCDC® C‐520 (Rev. Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on October 1, 2025 (which is the Effective Date of the Contract). OWNER: CONTRACTOR: Town of Minden By: By: Title: JD Frisby, Town Mananger 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: Town of Minden 1604 Esmeralda Ave. Minden, NV 89423 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.) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. ---PAGE BREAK--- EJCDC® C‐550, Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 NOTICE TO PROCEED Owner: Town of Minden Owner's Contract No.: TOMPRK2025‐001 Contractor: Contractor’s Project No.: Engineer: John Frisby, P.E., Town Manager Engineer's Project No.: TOMPRK2025‐001 Project: Seeman Ranch Dog Park Contract Name: Seeman Ranch Dog Park Effective Date of Contract: TO CONTRACTOR: Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on 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 number of days to achieve Substantial Completion is 45, and the number of days to achieve readiness for final payment is 45. Before starting any Work at the Site, Contractor must comply with the following: Owner: Town of Minden Authorized Signature By: John Frisby Title: Town Manager Date Issued: ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 PERFORMANCE BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER: Town of Minden 1604 Esmeralda Ave., Ste. 101 Minden, NV 89423 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: Provide supplemental execution by any additional parties, such as joint venturers. Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. ---PAGE BREAK--- EJCDC® C‐610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 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 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 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. ---PAGE BREAK--- EJCDC® C‐610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 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: ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 PAYMENT BOND CONTRACTOR (name and address): SURETY (name and address of principal place of business): OWNER: Town of Minden 1604 Esmeralda Ave., Ste. 101 Minden, NV 89423 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 ---PAGE BREAK--- EJCDC® C‐615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 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 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 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 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 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. ---PAGE BREAK--- EJCDC® C‐615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 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 on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or 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 or 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 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: ---PAGE BREAK--- ---PAGE BREAK--- Contractor's Application for Payment No. Application Application Date: Period: To From (Contractor): Via (Engineer): (Owner): Project: Contract: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: 1. ORIGINAL CONTRACT $ 2. Net change by Change $ 3. Current Contract Price (Line 1 ± $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F total on Progress $ 5. RETAINAGE: a. X Work Completed.......... $ b. X Stored Material............ $ c. Total Retainage (Line 5.a + Line $ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line $ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)......... $ 8. AMOUNT DUE THIS $ 9. BALANCE TO FINISH, PLUS RETAINAGE (Column G total on Progress Estimates + Line 5.c $ Contractor's Certification Payment of: $ is recommended by: Payment of: $ is approved by: Contractor Signature By: Date: Approved by: TOMPRK2025-001 Approved Change Orders Application For Payment Change Order Summary TOMPRK2025-001 John D Frisby, PE, Town Manager 2025 Seeman Ranch Dog Park Town of Minden Additions Number Deductions (Line 8 or other - attach explanation of the other amount) TOTALS (Line 8 or other - attach explanation of the other amount) (Date) Funding or Financing Entity (if applicable) CHANGE ORDERS (Date) (Date) (Engineer) (Owner) NET CHANGE BY The undersigned Contractor certifies, to the best of its knowledge, the following: 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 incurred in connection with the Work covered by prior Applications for Payment; Title to 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 All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. EJCDC® C-620 Contractor's Application for Payment © 2013 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 1 ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐625, Certificate of Substantial Completion. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. 00 65 16 – Page 1 of 1 CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Town of Minden Owner's Contract No.: TOMPRK2025-001 Contractor: Contractor’s Project No.: Engineer: JD Frisby P.E. Engineer's Project No.: TOMPRK2025-001 Project: 2025 Seeman Ranch Dog Park Contract Name: Seeman Ranch Dog Park This 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] N/A 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: JD Frisby, Town Manager Title: Date: Date: Date: ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐940, Work Change Directive. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Work Change Directive No. Date of Issuance: Effective Date: Owner: Town of Minden Owner’s Contract No.: TOMPRK2025-001 Contractor: Contractor’s Project No.: Engineer: John D Frisby, PE, Town Manager Engineer's Project No.: TOMPRK2025-001 Project: 2025 Seeman Ranch Dog Park Contract Name: Seeman Ranch Dog Park Contractor is directed to proceed with the following change(s): Description: Attachments: [List documents supporting change] Purpose for Work Change Directive: Directive to proceed with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time, is issued due to: [check one or both of the following] Non‐agreement on pricing of proposed change. Necessity to proceed for schedule or other Project reasons. Estimated Change in Contract Price and Contract Times (non‐binding, preliminary): Contract Price $ [increase] [decrease]. Contract Time days [increase] [decrease]. Basis of estimated change in Contract Price: Lump Sum Unit Price Cost of the Work Other RECOMMENDED: AUTHORIZED BY: RECEIVED: By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Chairman Title: Date: Date: Date: Approved by Funding Agency (if applicable) By: Date: Title: ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Change Order No. Date of Issuance: Effective Date: Owner: Town of Minden Owner's Contract No.: TOMPRK2025-001 Contractor: Contractor’s Project No.: Engineer: John D Frisby, PE, Town Manager Engineer's Project No.: TOMPRK2025-001 Project: 2025 Seeman Ranch Dog Park Contract Name: Seeman Ranch Dog Park 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: JD Frisby, Town Manager Title JD Frisby, Town Manager Title Date: Date Date Approved by Funding Agency (if applicable) By: Date: Title: ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐942, Field Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Field Order No. Date of Issuance: Effective Date: Owner: Town of Minden Owner’s Contract No.: TOMPRK2025‐001 Contractor: Contractor’s Project No.: Engineer: John D Frisby, PE, Town Manager Engineer's Project No.: TOMPRK2025‐001 Project: 2025 Seeman Ranch Dog Park Contract Name: Seeman Ranch Dog Park Contractor is hereby directed to execute this Field Order, issued in accordance with General Conditions Paragraph 11.01, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work. Reference: Specification(s) Drawing(s) / Detail(s) Description: Attachments: ISSUED: RECEIVED: By: By: Engineer (Authorized Signature) Contractor (Authorized Signature) Title: JD Frisby, Town Manager Title: Date: Date: Copy to: Owner ---PAGE BREAK--- ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 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. Endorsed by ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 2025 Seeman Ranch Dog Park TABLE OF CONTENTS Page Article 1 – Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 5 Article 2 – Preliminary Matters 6 2.01 Delivery of Bonds and Evidence of Insurance 6 2.02 Copies of Documents 6 2.03 Before Starting Construction 6 2.04 Preconstruction Conference; Designation of Authorized Representatives 7 2.05 Initial Acceptance of Schedules 7 2.06 Electronic Transmittals 7 Article 3 – Documents: Intent, Requirements, Reuse 8 3.01 Intent 8 3.02 Reference Standards 8 3.03 Reporting and Resolving Discrepancies 8 3.04 Requirements of the Contract Documents 9 3.05 Reuse of Documents 10 Article 4 – Commencement and Progress of the Work 10 4.01 Commencement of Contract Times; Notice to Proceed 10 4.02 Starting the Work 10 4.03 Reference Points 10 4.04 Progress Schedule 10 4.05 Delays in Contractor’s Progress 11 Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 12 5.01 Availability of Lands 12 5.02 Use of Site and Other Areas 12 5.03 Subsurface and Physical Conditions 13 5.04 Differing Subsurface or Physical Conditions 14 5.05 Underground Facilities 15 5.06 Hazardous Environmental Conditions at 17 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page ii Article 6 – Bonds and Insurance 19 6.01 Performance, Payment, and Other Bonds 19 6.02 Insurance—General Provisions 19 6.03 Contractor’s Insurance 20 6.04 Owner’s Liability Insurance 23 6.05 Property Insurance 23 6.06 Waiver of Rights 25 6.07 Receipt and Application of Property Insurance Proceeds 25 Article 7 – Contractor’s Responsibilities 26 7.01 Supervision and Superintendence 26 7.02 Labor; Working Hours 26 7.03 Services, Materials, and Equipment 26 7.04 “Or Equals” 27 7.05 Substitutes 28 7.06 Concerning Subcontractors, Suppliers, and Others 29 7.07 Patent Fees and Royalties 31 7.08 Permits 31 7.09 Taxes 32 7.10 Laws and Regulations 32 7.11 Record Documents 32 7.12 Safety and Protection 32 7.13 Safety Representative 33 7.14 Hazard Communication Programs 33 7.15 Emergencies 34 7.16 Shop Drawings, Samples, and Other Submittals 34 7.17 Contractor’s General Warranty and 36 7.18 Indemnification 37 7.19 Delegation of Professional Design Services 37 Article 8 – Other Work at the Site 38 8.01 Other Work 38 8.02 Coordination 39 8.03 Legal Relationships 39 Article 9 – Owner’s Responsibilities 40 9.01 Communications to Contractor 40 9.02 Replacement of Engineer 40 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page iii 9.03 Furnish Data 40 9.04 Pay When Due 40 9.05 Lands and Easements; Reports, Tests, and Drawings 40 9.06 Insurance 40 9.07 Change Orders 40 9.08 Inspections, Tests, and Approvals 41 9.09 Limitations on Owner’s Responsibilities 41 9.10 Undisclosed Hazardous Environmental Condition 41 9.11 Evidence of Financial Arrangements 41 9.12 Safety Programs 41 Article 10 – Engineer’s Status During Construction 41 10.01 Owner’s Representative 41 10.02 Visits to Site 41 10.03 Project Representative 42 10.04 Rejecting Defective Work 42 10.05 Shop Drawings, Change Orders and Payments 42 10.06 Determinations for Unit Price Work 42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work 42 10.08 Limitations on Engineer’s Authority and Responsibilities 42 10.09 Compliance with Safety Program 43 Article 11 – Amending the Contract Documents; Changes in the Work 43 11.01 Amending and Supplementing Contract Documents 43 11.02 Owner‐Authorized Changes in the Work 44 11.03 Unauthorized Changes in the Work 44 11.04 Change of Contract Price 44 11.05 Change of Contract Times 45 11.06 Change Proposals 45 11.07 Execution of Change Orders 46 11.08 Notification to Surety 47 Article 12 – Claims 47 12.01 Claims 47 Article 13 – Cost of the Work; Allowances; Unit Price Work 48 13.01 Cost of the Work 48 13.02 Allowances 50 13.03 Unit Price Work 51 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page iv Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work 52 14.01 Access to Work 52 14.02 Tests, Inspections, and Approvals 52 14.03 Defective 53 14.04 Acceptance of Defective Work 53 14.05 Uncovering Work 53 14.06 Owner May Stop the Work 54 14.07 Owner May Correct Defective Work 54 Article 15 – Payments to Contractor; Set‐Offs; Completion; Correction Period 55 15.01 Progress Payments 55 15.02 Contractor’s Warranty of Title 58 15.03 Substantial Completion 58 15.04 Partial Use or Occupancy 59 15.05 Final Inspection 59 15.06 Final Payment 59 15.07 Waiver of Claims 61 15.08 Correction Period 61 Article 16 – Suspension of Work and Termination 62 16.01 Owner May Suspend Work 62 16.02 Owner May Terminate for Cause 62 16.03 Owner May Terminate For Convenience 63 16.04 Contractor May Stop Work or Terminate 63 Article 17 – Final Resolution of Disputes 64 17.01 Methods and Procedures 64 Article 18 – Miscellaneous 64 18.01 Giving Notice 64 18.02 Computation of Times 64 18.03 Cumulative Remedies 64 18.04 Limitation of Damages 65 18.05 No Waiver 65 18.06 Survival of Obligations 65 18.07 Controlling Law 65 18.08 Headings 65 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 1 of 65 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 a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 2 of 65 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, 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 the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; the Clean Water Act, 33 U.S.C. §§1251 et seq.; the Clean Air Act, 42 U.S.C. §§7401 et seq.; or 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: achieve Milestones, if any; achieve Substantial Completion; and 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 3 of 65 24. Liens—Charges, security interests, or encumbrances upon Contract‐related funds, real property, or personal property. 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 4 of 65 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. 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 subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 5 of 65 equipment into such construction; and may include related services such as testing, start‐up, and commissioning, all as required by the Contract Documents. 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 6 of 65 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. 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 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 7 of 65 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 8 of 65 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. 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 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, ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 9 of 65 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. 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 any applicable Law or Regulation, actual field conditions, any standard specification, manual, reference standard, or code, or any instruction of any Supplier, then Contractor shall 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 the performance or acceptability of the Work under the Contract Documents, the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters, then Engineer will give written notice to Owner and Contractor that Engineer is unable to provide a decision or ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 10 of 65 interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 11 of 65 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 12 of 65 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. 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 damage to the Site; damage to any such other adjacent areas used for Contractor’s operations; damage to any other adjacent land or areas; and 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 take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; 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 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 13 of 65 resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 14 of 65 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 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, 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 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, ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 15 of 65 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 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, after ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 16 of 65 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 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 17 of 65 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 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: secure or otherwise isolate such condition; 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 notify Owner and Engineer (and thereafter confirm such notice in writing). Owner shall consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 18 of 65 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 specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or 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 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 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 was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 19 of 65 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. 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 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 20 of 65 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, 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). ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 21 of 65 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. 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 22 of 65 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 23 of 65 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. 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: 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; spare parts inventory required within the scope of the Contract; and 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). ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 24 of 65 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. 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 25 of 65 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 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 26 of 65 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 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 27 of 65 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 28 of 65 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. 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 29 of 65 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 30 of 65 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 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 31 of 65 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. 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 32 of 65 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. 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; ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 33 of 65 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 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 34 of 65 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. 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 35 of 65 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 36 of 65 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 37 of 65 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 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 38 of 65 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. 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 39 of 65 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 40 of 65 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 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 indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 – OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 41 of 65 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 42 of 65 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 43 of 65 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 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 the performance or acceptability of the Work, the design (as set forth in the Drawings, Specifications, or otherwise), or 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 44 of 65 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 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. 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 proceed with the Work involved; or, in the case of a deletion in the Work, 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 45 of 65 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; 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 11.04.C.2.a and 11.04.C.2.b is that the Contractor’s fee shall be based on: 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 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 46 of 65 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 (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. 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: ordered by Owner pursuant to Paragraph 11.02, 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 47 of 65 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. 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 (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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 48 of 65 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, 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 49 of 65 thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 50 of 65 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. 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 51 of 65 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. 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 52 of 65 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. 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 53 of 65 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. D. Correction, or Removal and Replacement: 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 additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 54 of 65 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set‐off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 55 of 65 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 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: ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 56 of 65 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 57 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set‐offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set‐offs) recommended by Engineer, Owner is entitled to impose a set‐off against payment based on any of the following: a. claims have been made against Owner 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 pay Contractor any amount ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 58 of 65 remaining after deduction of the amount so withheld. Owner shall 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. 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 all Liens and other title defects, and 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. 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 59 of 65 E. After Substantial Completion the Contractor shall begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without 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 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 60 of 65 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; 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: the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and 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, ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 61 of 65 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 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 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 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 62 of 65 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. 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, ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 63 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond 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, the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within 30 days after it is submitted, or 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 ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 64 of 65 expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. ARTICLE 17 – FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; 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. ---PAGE BREAK--- EJCDC® C‐700 (Rev. 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. Page 65 of 65 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. ---PAGE BREAK--- ---PAGE BREAK--- EXHIBIT A Supplementary Conditions Exhibit A - Supplementary Conditions ---PAGE BREAK--- ---PAGE BREAK--- Exhibit A - Supplementary Conditions Page i of ii EXHIBIT A Supplementary Conditions Table of Contents ARTICLE 1 DEFINITIONS AND TERMINOLOGY 1 SC-1.01 DEFINED TERMS 1 ARTICLE 2 PRELIMINARY MATTERS 4 SC-2.01 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE 4 SC-2.02 COPIES OF DOCUMENTS 4 SC-2.03 BEFORE STARTING CONSTRUCTION 5 ARTICLE 3 DOCUMENTS: INTENT, REQUIREMENTS, REUSE 5 SC-3.03 REPORTING AND RESOLVING DISCREPANCIES 5 ARTICLE 5 – AVAILABILITY OF LNADS; SUBSURFACE AND PHYSICAL CONDITONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5 SC-5.06 HAZARDOUS ENVITONMENTAL CONDITONS AT SITE 5 ARTICLE 6 BONDS AND INSURANCE. 5 SC-6.02 INSURANCE – GENERAL PROVISIONS 6 SC-6.03 CONTRACTOR’S 7 SC-6.06 WAIVER OF 9 SC-6.07 RECEIPT AND APPLICATION OF INSURANCE 9 SC-6.08 DEDUCTIBLES AND SELF-INSURED RETENTIONS 9 SC-6.09 OTHER INSURANCE PROVISIONS 9 ARTICLE 7 CONTRACTOR’S RESPONSIBILITIES 10 SC-7.02 LABOR; WORKING HOURS 10 SC-7.03 SERVICES, MATERIALS AND EQUIPMENT 11 SC-7.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS 11 SC-7.12 SAFETY AND PROTECTION 12 SC-7.16 SHOP DRAWINGS, SAMPLES, AND OTHER SUBMITTALS 13 SC-7.18 INDEMNIFICATION 14 SC-7.21 WAGES 15 ARTICLE 8 OTHER WORK AT THE SITE 15 SC-8.04 CLAIMS BETWEEN CONTRACTORS 15 ARTICLE 10 ENGINEER'S STATUS DURING CONSTRUCTION 16 SC-10.03 PROJECT REPRESENTATIVE 16 ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page ii of ii ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE 18 SC-11.04 CHANGE OF CONTRACT PRICE 18 ARTICLE 13 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 19 SC-13.01 COST OF THE WORK 19 ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE SC-14.02 TESTS, INSPECTIONS, AND APPROVALS 19 ARTICLE 15 PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 20 SC-15.01 PROGRESS PAYMENTS 20 SC-15.06 FINAL PAYMENT 20 ARTICLE 16 SUSPENSION OF WORK AND TERMINATION 20 SC-16.01 OWNER MAY SUSPEND WORK 20 SC-16.03 OWNER MAY TERMINATE FOR CONVENIENCE 21 SC-16.04 CONTRACTOR MAY STOP WORK OR TERMINATE 22 ARTICLE 17 – FINAL RESOLUTION OF DISPUTES 23 SC-17.01 METHODS AND PROCEDURES 23 SC-17.02 ARBITRATION 23 ARTICLE 18 – MISCELLANEOUS 24 SC-18.09 ACCESS TO RECORDS 24 ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 1 of 24 EXHIBIT A Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (Engineer’s Joint Contract Documents Committee No. C-700, 2013 Edition), and other provisions of the Contract documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 1 DEFINITIONS AND TERMINOLOGY SC-1.01 Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. Agency: The legal entity that has contracted for the performance of the Work or for whom the Work is being performed. Backfill: Material placed in an excavated space to fill such space. Base Course: The upper course of the granular base of a pavement structure, immediately below the pavement or the lower course of an asphalt concrete pavement structure. Building Code: A regulation adopted by the governing body establishing minimum standards of construction for the protection of the public health, safety and welfare in terms of measured performance rather than in terms of rigid specifications of materials and methods. Calendar Day: Every day shown on the calendar. Completion Time: The number of calendar days for completion of an act, including authorized time extensions. In case a calendar date of completion is shown in the proposal in lieu of the number of calendar days, the Contract shall be completed by that date. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be Sunday or a legal holiday, that shall be excluded. Construction Project: The erection, installation, remodeling, alteration of durable facilities upon, under, or over the ground. This shall include, but is not limited to buildings, roadways and utility pipes, lines, poles or other structures. Culvert: Any structure not classified as a bridge, which provides an opening under or adjacent to the roadway. Days: Unless otherwise designated, days will be understood to mean calendar days. Emergency: Unforeseen occurrences and combinations of circumstances involving the public welfare or the protection of work already done under the Contract Documents, or which endanger life or property and call for immediate action or remedy. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 2 of 24 Equipment: (Construction) – All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of work. (Installed) – All material or articles used in equipping a facility as furnishings or apparatus to fulfill a functional design. Extra Work: An item of work not provided for in the Contract as awarded but found essential to the satisfactory completion of the Contract within its intended scope. Field Representatives: The Owner’s or Engineer’s authorized representative assigned to make detailed inspections of contract performance. Laboratory: The established materials testing laboratory of the Contracting Agency’s Engineering Department, or other laboratories acceptable to and/or authorized by the Owner or Engineer to test materials and work involved in the Contract. Major Item: Any item or work and/or materials having an original contract value which exceeds ten percent of the amount of the original Contract. Non-pay Item: An item or work for which no separate payment will be made under the proposal, but which must be included as an incidental cost for payment on an associated item included in the Proposal. Pavement: Any surfacing of streets, alleys, sidewalks, courts, driveways, etc., consisting of mineral aggregate bound into a rigid or semi-rigid mass by a suitable binder such as, but not limited to, Portland cement or asphalt cement. Pavement Structure: The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed. Pay Item: A detail of work for which separate payments are to be made under the Contract, as specified in the Proposal. Plant: The Contractor’s and/or subcontractor’s facilities, including but not limited to small tools and mobile equipment, located on and/or offsite, necessary for preparation of materials and prosecution of work for the project. Principal: The individual, firm or corporation primarily liable on an obligation, as distinguished from a surety. Profile Grade: The trace of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal center line of the roadbed; invert of flow line of a pipe; or similar trace. Profile grade means either elevation or gradient of such trace according to the context. Proposal: The offer of a bidder, on the prescribed form, to perform the Work and to furnish the labor and materials at the prices quoted. Proposal Form: The approved form on which the Contracting Agency requires bids to be prepared and submitted for the Work. Proposal Guarantee: The security furnished with a bid to guarantee that the bidder will enter into the contract if his bid is accepted. Referenced Documents: On all work authorized by the Contracting Agency, any referenced documents in the Specification, Bulletins, Standards, Rules, Methods of Analysis or Test, Codes and Specifications of other Agencies, Engineering Societies or Industrial Associations) refer to the latest edition thereof, including Amendments, which are in effect and published at ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 3 of 24 the time of Advertising for Bids or the issuing of a permit for the Work. Right-of-Way: A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a street, highway or other public improvement. Road: A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. Sewage: Water borne wastes. Sewers: Conduits and related appurtenances employed to collect and carry off water and waste matter to a suitable point of final discharge. Storm Drain: Any conduit and appurtenance intended for the reception and transfer of storm water. Street: Streets, avenues, alleys, highways, crossings, lanes, intersections, courts, places, and grounds now open or dedicated or hereafter opened or dedicated to public use and public ways. Structures: Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, fences, swimming pools, and other features which may be encountered in the Work and not otherwise classed herein. Subbase: The lower course of the base of a roadway, immediately above the subgrade. Subgrade: The supporting structures on which the pavement and its special undercourses rest. Superintendent: The Contractor’s authorized representative in responsible charge of the Work. Surface Course: The finish or wearing course of an asphalt concrete pavement structure. Title and Headings: The titles or headings of the sections and subsections herein are intended for convenience of reference and shall not be considered as having any bearing on their interpretation. Traveled Way: The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. Utility: Pipelines, conduits, ducts, transmission lines, overhead or underground wires, railroads, storm drains, sanitary sewers, irrigation facilities, street lighting, traffic signals, fire alarm systems, and appurtenances of public utilities and those of private industry, businesses, or individuals solely for their own use or use of their customers which are operated or maintained in, on, under, over or across public right-of-way or public or private easement. Working Day: A calendar day, exclusive of Saturdays, Sundays, and Contracting Agency recognized legal holidays, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed for the major part of the day with the normal working force engaged in performing the controlling item or items of work which would be in progress at that time. Abbreviations: AASHTO American Association of State Highway and Transportation Officials (formerly AASHO) ACI American Concrete Institute ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 4 of 24 AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWWA American Water Works Association FS Federal Specification MAX. Maximum MIN. Minimum NEC National Electrical Code NEMA National Electrical Manufacturer’s Association NFPA National Fire Protection Association OSHA Occupational Safety and Health Administration PS Product Standard Sch. Schedule Standard Specifications for Public Works Construction, “Orange Book” ARTICLE 2 PRELIMINARY MATTERS SC-2.01 Delivery of Bonds and Evidence of Insurance Delete paragraph 2.01.B in its entirety and insert in its place: B. Evidence of Contractor’s Insurance: Before any Work at the Site is started, Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which Owner or any additional insured may reasonably request) which Contractor is required to purchase and maintain in accordance with Article 6. SC-2.02 Copies of Documents Delete Paragraph 2.02.A in its entirety and insert the following in its place: ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 5 of 24 A. Owner shall furnish to Contractor up to 3 printed or hard copies of the Drawings and Project Manual and one set in electronic format and 1 sets of reduced size 11”x17” plans. Additional copies will be furnished upon request at the cost of reproduction. SC-2.03 Before Starting Construction Add the following new paragraph immediately after paragraph 2.05.A.3. B. Schedule: The Contractor, in consultation with Owner and Engineer, will develop a schedule acceptable to the Owner to provide Contractor operation continuity during operations. This plan will address measures necessary to minimize interruptions and/or maintain optimum working conditions during construction. ARTICLE 3 DOCUMENTS: INTENT, REQUIREMENTS, REUSE SC-3.03 Reporting and Resolving Discrepancies Add the following new paragraph immediately after paragraph 3.03.A.3: 4. In case of discrepancy, calculated dimensions will govern over scaled dimensions, Drawings will govern over Standard Specifications, and Construction Specifications will govern over both Drawings and Standard Specifications. The Contractor shall take no advantage of any apparent error or omission in the Drawings or Construction Specifications, and the Engineer will be permitted to make such corrections and interpretations as may be deemed necessary to fulfill the intent of the Contract Documents. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.06 Hazardous Environmental Conditions at Site Delete Paragraphs 5.06.A and 5.06.B in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 6 BONDS AND INSURANCE SC-6.02 Insurance – General Provisions Add the following new paragraph immediately after paragraph 6.02.B: ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 6 of 24 1. Insurance is to be placed with insurers with a rating from the current issue of Best’s Key Rating Guide of no less than A-:VII. The carrier shall have a home office in the United States. Lloyd’s of London is the sole exception to the requirements of Best’s Rating, financial size and home office location. Add the following new paragraphs immediately after Paragraph 6.02.C. 1. Contractor agrees as a precondition to the performance of any work under this contract and as a precondition to any obligation of the Owner to make any payment under this contract to provide the Owner with a certificate of a qualified insurer under NRS 616B.627(2001) certifying that the Contractor has complied with the provisions of chapters 616A to 616D of the NRS. Contractor also agrees, if applicable and before commencing any work under the contract, to complete and to provide the following written request to its insurer: (Company Name) has entered into a contract with (Owner) to perform work from (starting date) to (ending date) and requests that the Insurer provide to Owner 1) a certificate of coverage, and 2) notice of any lapse in coverage or nonpayment of coverage that the Contractor is required to maintain. The certificate and notice should be mailed to: Town of Minden 1604 Esmeralda Ave., Suite 101 Minden, NV 89423 Delete paragraph 6.02.D in its entirety and insert in its place. D. Instructions for Completion of Certificates of Insurance. At the time of executing this contract, deliver to the Town of Minden, a certificate of insurance evidencing coverage as specified. 1. If having Commercial General Liability Coverage as provided under the 1986 Occurrence Form, use Standard Accord Certificate 25-S (3/93 Rev.) If having Comprehensive General Liability Coverage as provided under the 1973 Occurrence Form, use Standard Accord Certificate 25-N (3/93). Claims made coverage is not acceptable. 2. By separate endorsements the State of Nevada, show the Town of Minden and the Department of Transportation to be an additional insured. Sign and attach the additional insured endorsement to the certificate. (It is understood that the certificates of worker’s compensation insurance issued by Employers’ Insurance Company of Nevada do not name additional insureds). 3. Sign and attach the waiver of subrogation endorsements to the certificate. 4. If the General Liability is provided on an aggregate limit per project, Form #CG2503(11/85) or CB2501(11/85), the Town of Minden shall waive the requirement that they be notified when limits have been impaired by more than 10% of the limits indicated. When the coverage is provided on an aggregate limit per project, attach a signed copy of the endorsement to the certificate. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 7 of 24 5. Properly show the full legal operating names of the Contractor and insurance carrier on the certificate. 6. If the Contractor’s Liability Coverage contains a deductible, show the amount of the deductible on the certificate. If there is no deductible, state it. 7. Amend the cancellation section of the certificate is amended to read as follows: “Should any of the above described policies be canceled or materially changed before the expiration date thereof the issuing company will mail 30 days written notice to the certificate holder named to the left.” 8. All changes or alterations to the Certificate of Insurance as required by the State of Nevada shall be initialed by the authorized representative who signs the certificate. 9. The Certificate of Insurance must comply with all insurance requirements as set forth or the certificate will be rejected. Add the following new paragraphs immediately after Paragraph 6.02.J. K. General. Furnish the Town of Minden with one certified copy of all insurance required under subparagraph of Subsection 107.09 of the NDOT Standard Specifications for Road and Bridge Construction. Sent this copy directly to the Town of Minden. SC-6.03 Contractor’s Insurance Add the following new paragraph immediately after Paragraph 6.03.J: K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: a. State: Statutory b. Applicable Federal Longshoreman’s): Statutory c. Employer’s Liability: $1,000,000 2. Contractor’s General Liability under Paragraphs 6.03.B of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate $2,000,000 b. Products – Completed Operations Aggregate $2,000,000 ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 8 of 24 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Under-ground coverages where applicable. f. Excess or Umbrella Liability General Aggregate $2,000,000 Each Occurrence $1,000,000 3. Automobile Liability under Paragraph 5.04.A of the General Conditions: a. Bodily Injury: Each person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 [or] c. Combined Single Limit of $1,000,000 4. The Contractual Liability coverage required by Paragraph 6.03.B of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $2,000,000 L. Contractor agrees to maintain required workers compensation coverage throughout the entire term of the contract. If Contractor does not maintain coverage throughout the entire term of the contract, Contractor agrees that Owner may, at any time the coverage is not maintained by Contractor, order the Contractor to stop work, suspend the contract, or terminate the contract. Contractor further agrees, if applicable (and Contractor bears the sole responsibility for producing proof satisfactory to Owner that these provisions are not applicable to Contractor), as a precondition to the performance of any work under this contract and as a precondition to any obligation of the Owner to make any payment under this contract to provide the Owner with a certificate of a qualified insurer. For each six-month period this contract is in effect, Contractor agrees, prior to the expiration of the six-month period, to provide another written request to its insurer for the provision of a certificate and notice of lapse in or nonpayment of coverage. If Contractor does not make the request or does not provide the certificate before the expiration of the six-month period, Contractor agrees that Owner may order the Contractor to stop work, suspend the contract, or terminate the contract. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 9 of 24 M. The comprehensive general liability insurance will include as additional named insureds Town of Minden, and each of their officers, agents, and employees. SC-6.06 Waiver of Rights Delete paragraph 6.06.A in its entirety. SC-6.07 Receipt and Application of Insurance Proceeds Delete paragraph 6.07 in its entirety. SC-6.08 Deductibles and Self-Insured Retentions Add the following paragraph immediately after paragraph 6.07: SC-6.08 Deductibles and Self-Insured Retentions. Declare any deductibles or self- insured retentions to and receive approval by the State of Nevada. At the option of the State, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the State of Nevada, Department of Transportation, its officers, officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses. SC-6.09 Other Insurance Provisions Add the following paragraph immediately after paragraph 6.08: SC-6.09 Other Insurance Provisions. The policies are to contain or be endorsed to contain the following provisions: A. General Liability and Automobile Liability Coverages: 1. The Town of Minden, their officers, officials, employees, consultants, and volunteers are to be covered as additional insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town of Minden and the Nevada Department of Transportation, their officers, officials, employees, consultants, or volunteers. 2. The Contractor’s insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town of Minden and the Nevada Department of Transportation, their officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town of Minden and the Nevada Department of Transportation, their officers, officials, employees or volunteers. 4. The Contractor’s insurance shall apply separately to each insured against whom claim is ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 10 of 24 made or suit is brought, except with respect to the limits of the insurer’s liability. 5. The insurance companies shall immediately notify the Town of Minden and the Nevada Department of Transportation of, at any time during the term of the contract, the limits of the General Liability, or Excess Liability, including Aggregate Limits, as described on the certificates, have been impaired by more than 10% of the limits indicated for each policy. 6. The insurance companies that provide Commercial General Liability coverage and/or Automobile Liability coverage shall waive their rights of subrogation against the additional insured. B. All Coverages: 1. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after 30 days prior notice given to the Town of Minden and the State of Nevada, Department of Transportation. 2. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor’s total responsibility for payment of claims arising in whole or in part from the actions of a third party when such actions might be taken as a result of the Contractor’s operations under this contract. 3. the Town of Minden and the Nevada Department of Transportation is not liable for the payment of any deductibles or assessments on any insurance policies purchased by the Contractor. ARTICLE 7 CONTRACTOR’S RESPONSIBILITIES SC-7.02 Labor; Working Hours Add the following new paragraphs immediately after paragraph 7.02.A 1. In connection with the performance of work under this contract, Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, or age. Such agreement shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. Any breach of the foregoing provision by a Contractor shall constitute a material breach of contract. 2. The Contractor and each subcontractor shall keep or cause to be kept an accurate record showing the name, occupation and the actual per diem, wages and benefits paid to each workman employed by him in connection with the work. The record shall be open for inspection to the Owner’s representatives at all reasonable hours and a copy of the record for each calendar month shall be sent to the Owner no later than ten (10) days after the end of the month. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 11 of 24 SC-7.03 Services, Materials and Equipment Add the following new paragraph immediately after paragraph 7.03.A: 1. If required, the Contractor shall enclose the project area with a fence adequate to protect the project and his own facilities against acts of theft, violence or vandalism. In locations where the probability of such acts is reasonably remote the Engineer may, in writing, waive this fencing requirement or limit it to the storage areas. Such action on the part of the Engineer shall in no way relieve the Contractor of his sole responsibility for protection of plant and material on the project site. 2. The Contractor shall coordinate any required system shutdowns with the Owner and Engineer. The Contractor shall notify the Owner and Engineer at least 48 hours in advance of any desired system shutdown. SC-7.06 Concerning Subcontractors, Suppliers and Others Add the following new paragraph immediately after paragraph 7.06.A. 1. The Contractor shall pay to each Subcontractor and supplier within 10 calendar days after receipt of payment from the Owner, including any interest which he receives, an amount in direct proportion to the subcontractors’ and suppliers’ basis in the total contract between the Contractor and the Owner. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. 2. The Contractor may withhold 10 percent from the amount of any partial payment under the subcontract, which is made before 50 percent of the work has been completed under the subcontract. Thereafter the Contractor shall pay any additional installments due under the subcontract without retaining any additional funds if, in the opinion of the Contractor, satisfactory progress is being made in the work under the subcontract, and performed by the Subcontractor. The Contractor may retain the amount withheld under the subcontract until the subcontract is satisfactorily completed. The amount withheld is due within 10 calendar days after the acceptance of the subcontract work by the Contractor. Whenever the Contractor receives a payment of interest earned on the amount withheld from the contract, he shall within 10 days pay to each subcontractor that portion of the interest received from the Owner attributable to the amount of money withheld from the subcontractor. Add the following new paragraphs immediately after paragraph 7.06.J: 1. The Owner, utilities, and others may be working within the project area while the Work is in progress. If so, the Contractor shall schedule his work in conjunction with these other organizations to minimize mutual interference. Add a new paragraph immediately after Paragraph 7.06.M: 1. 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 a particular Subcontractor or Supplier. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 12 of 24 Add the following new paragraph immediately after paragraph 7. 06.O: P. Additional Provisions 1. The Contractor shall list in his bid the name of a subcontractor for each portion of the project that will be completed by a subcontractor. 2. Contractor whose bid is accepted shall not substitute any person for a subcontractor who is named in the bid, unless: a. The awarding authority objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or b. The substitution is approved by the awarding authority or an authorized representative of the awarding authority. The substitution must be approved if the awarding authority or authorized representative of the awarding authority determines that: The named subcontractor, after having a reasonable opportunity, fails or refuses to execute a written contract with the Contractor which was offered to the subcontractor with the same general terms that all other subcontractors on the project were offered; The named subcontractor files for bankruptcy or becomes insolvent; or, The named subcontractor fails or refuses to perform his subcontract within a reasonable time or is unable to furnish a performance bond and payment bond. Contract bid prices will prevail for purposes of computing the monetary value of all subcontracts. 3. Perform with own organization, work amounting to not less than 50% of the combined value of all items of the work covered by the contract. 4. The Town of Minden and the Contractor will not recognize any subcontractor on the work as a party to the contract. Nothing contained in any subcontract shall create any contractual relation between the subcontractor and the Town of Minden. The Contractor will be held solely responsible for the progress of the work according to the progress required. SC-7.12 Safety and Protection Delete the second sentence of Paragraph 7.12.C and insert the following: The ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 13 of 24 following Owner safety programs are applicable to the Work: 1. Occupational Safety and Health Standards: Contractor's methods of construction and safety requirements, including but not limited to trench excavation and shoring where applicable, shall conform to the requirements of the Occupational Safety and Health Standards for the Construction Industry. 2. Power Lines: No equipment of any kind shall be used or permitted within such proximity to the conductors of Sierra Pacific Power Company's power lines as to be in violation of the safe working clearance prescribed by the National Electrical Safety Code. 3. If blasting or use of explosives is necessary for prosecution of Work, the Contractor shall provide the Engineer with a blasting plan in compliance with OSHA and all applicable regulations, laws, ordinances, and requirements. Contractor shall exercise the utmost care not to endanger life or property. Contractor shall be responsible for all damage resulting from the use of explosives. Contractor shall notify each property owner and utility company having structures or facilities in proximity to the site of the work of its intentions to use explosives. Such notice shall be given sufficiently in advance to enable the utility companies to take such steps as they may deem necessary to protect their property from injury. 4. At least one fire extinguisher, rated at least 2A, shall be provided at or readily accessible to the jobsite. SC-7.16 Shop Drawings, Samples, and Other Submittals Delete paragraph 7.16.B.1.a in its entirety and insert in its place: a. Four of copies of all shop and working Drawings shall be submitted to the Engineer by or through the Contractor, who shall be responsible for obtaining shop and working Drawings from its subcontractors and returning approved Drawings to them. All Drawings shall be clearly marked with the names of the Project, Contractor, and building, equipment or structure to which the drawing applies, and shall be suitably numbered. Each shipment of Drawings shall be accompanied by a letter of transmittal giving a list of the drawing numbers and the names mentioned above. After review, one copy of the Drawings will be returned to the Contractor. If the Contractor wishes extra copies to be returned, he shall submit additional copies. Add the following new paragraphs immediately after paragraph 7.16.B.1.b: c. Only Drawings which have been checked and corrected by the fabricator shall be submitted to the Contractor by his subcontractors and vendors. Prior to submitting Drawings to the Engineer, the Contractor shall check thoroughly all such Drawings to satisfy himself that the subject matter thereof conforms to the D r a w i n g s and Specifications in all respects. All Drawings which are correct shall be marked with the date, checker’s name, and indication of the Contractor’s approval, and then shall be submitted to the Engineer; other Drawings shall be returned for correction. d. Should the Contractor submit for approval equipment that requires modifications to ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 14 of 24 the structures, piping, layout, etc., detailed on the Drawings, Contractor shall also submit for approval details of the proposed modifications. If such equipment and modifications are approved, the Contractor, at no additional cost to the Owner, shall do all work necessary to make such modifications. Add the following new paragraphs immediately after paragraph 7.16.B.2.b: c. Contractor shall submit samples of materials for such special tests as the Engineer deems necessary to demonstrate that they conform to the Specifications. Such samples shall be furnished, packed, and shipped by the Contractor. d. All samples shall be packed so as to reach their destination in good condition, and shall be labeled to indicate the material represented, the date cast, the name of the Project, and location for which the material is intended and the name of the Contractor submitting the sample. To insure consideration of samples, the Contractor shall notify the Engineer by letter that the samples have been shipped and shall properly describe the samples in the letter. The letter of notification shall be sent separate from and should not be enclosed with the samples. Add the following new paragraphs immediately after Paragraph 7.16.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer’s charges for its review time unless the need for such change is beyond the control of Contractor. SC-7.18 Indemnification Add the following paragraphs immediately after paragraph 7.18.C.2: D. In case any action at law or suit in equity may or shall be brought against the Owner or any of its officers, agents, or employees for or on account of the failure, omission, or neglect of the Contractor or his subcontractors, employees, or agents, to do or perform any of the covenants, acts, matters, or things by this Contract undertaken to be done or performed by the Contractor or his subcontractors, employees, or agents, or from any injuries done to property or persons and caused by the negligence or alleged negligence of the Contractor or his subcontractors, employees, or agents, or in any other manner arising out of the performance of this Contract, then the Contractor shall immediately assume and take charge of the defense of such actions or suits in like manner and to all intents and purposes as if said actions or suits have been brought directly against the Contractor, and the Contractor shall also indemnify and save harmless the Owner, its officers, agents and employees from any and all loss, costs or damage whatever arising out of such actions or suits, in like manner and to all intents and purposes, as if said actions or suits had been brought directly against the Contractor and the Contractor shall also indemnify and save harmless the Owner, its officers, agents and employees from any and all loss, cost or damage whatever brought as aforesaid. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 15 of 24 SC-7.21 Wages Add the following immediately after paragraph 7.20.C A. The provisions pertaining to wages and conditions of employment shall apply to all work performed (on the contract) by the Contractor with his own organization and with the assistance of workmen under his immediate superintendence, and to all work performed on the contract by subcontractors. ARTICLE 8 OTHER WORK AT THE SITE SC-8.04 Claims Between Contractors Add the following new paragraph immediately after paragraph 8.03.D: A. Should Contractor cause damage to the work or property of any other contractor at the Site, or should any claim arising out of Contractor’s performance of the Work at the Site be made by any other contractor against Contractor, Owner, Engineer, or the construction coordinator, then Contractor (without involving Owner, Engineer, or construction coordinator) shall either remedy the damage, agree to compensate the other contractor for remedy of the damage, or remedy the damage and attempt to settle with such other contractor by agreement, or otherwise resolve the dispute by arbitration or at law. B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, the construction coordinator and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any other contractor against Owner, Engineer, consultants, or the construction coordinator to the extent said claim is based on or arises out of Contractor’s performance of the Work. Should another contractor cause damage to the Work or property of Contractor or should the performance of work by any other contractor at the Site give rise to any other Claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, or the construction coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from Owner, Engineer, or the construction coordinator on account of any such damage or Claim. C. If Contractor is delayed at any time in performing or furnishing the Work by any act or neglect of another contractor, and Owner and Contractor are unable to agree as to the extent of any adjustment in Contract Times attributable thereto, Contractor may make a Claim for an extension of times in accordance with Article 12. An extension of the Contract Times shall be Contractor’s exclusive remedy with respect to Owner, Engineer, and construction coordinator for any delay, disruption, interference, or hindrance caused by any other contractor. This paragraph does not prevent recovery from Owner, Engineer, or construction coordinator for activities that are their respective responsibilities. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 16 of 24 ARTICLE 10 ENGINEER'S STATUS DURING CONSTRUCTION SC-10.03 Project Representative Add the following new paragraphs immediately after Paragraph 10.03.A: B. The Resident Project Representative (RPR) will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The RPR shall: 1. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project- related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s authorized representative, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 5. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. 6. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 17 of 24 7. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 8. Inspections, Tests, and System Startups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 9. Records: a. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. b. Maintain records for use in preparing Project documentation. 10. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition. 11. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 18 of 24 required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 13. Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor’s superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off- site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK SC-11.04 Change of Contract Price Contractor’s Fee. Delete the semicolon at the end of 11.04.C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the costs incurred by ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 19 of 24 the Subcontractor who actually performs the work when there are multiple levels (3 or more) of subcontractors, suppliers, and general contractors; ARTICLE 13 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC-13.01 Cost of the Work Delete Paragraph 13.01.B.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof 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. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the “Rental Rate Blue Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment”. An hourly rate will be computed by dividing the rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. Delete paragraph 13.01.B.5.f in its entirety and insert in its place: 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, 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. ARTICLE 14 – TESTS, INSPECTIONS, AND APPROVALS Delete paragraph 14.02.B in its entirety and insert the following in its place: 1. Contractor 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 ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 20 of 24 Contractor, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. ARTICLE 15 PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD SC-15.01 Progress Payments Add the following language to the end of paragraph 15.01.B.1: a. Any request for partial or final payment shall specifically list the work completed. All invoices submitted to Owner must be made on Standard Payment Forms for the Owner as submitted to Contractor with the Notice to Proceed. Owner will not authorize payments from carbon or Xerox copies. b. Include amounts of Change Orders issued prior to the last day of the construction period covered by the application for payment. Delete paragraph 15.01.D.1 in its entirety and insert the following in its place: 1. Not more than thirty days after presentation of the application for payment to Owner with Engineer's recommendation, the amount recommended will become due, and when due will be paid by Owner to Contractor. SC-15.06 Final Payment Add the following new paragraph immediately after paragraph 15.06.A.3: 4. If the final Application for Payment is not accompanied by the releases or waivers called for in subsection A.2 of Article 15.06 of the General Conditions, or such releases or waivers as provided by the Contractor are not satisfactory to Owner, the retainage withheld from progress payments as stipulated in the agreement will be retained for a period of 45 days after the date of recording of the Notice of Completion. The Notice of Completion will be recorded within 15 days after the completion and acceptance of the Work. ARTICLE 16 SUSPENSION OF WORK AND TERMINATION SC-16.01 Owner May Suspend Work Add the following new paragraphs immediately after paragraph 16.01.A: B. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the Owner in administration of the Contract, or by the Owner's failure to act within the time specified in the Contract (or if no time is specified, within a reasonable time), the Owner will make an adjustment for any increase in the cost of performance of this Contract (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the Contract in writing. However, no adjustment shall be made under this clause for any suspension, delay or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 21 of 24 provision of the Contract. C. No claim under paragraphs 15.01.A or 15.01.B shall be allowed unless the amount claimed is asserted in writing as soon as practicable after the termination of such suspension, delay or interruption, but no later than the date of application for final payment under the contract. SC-16.03 Owner May Terminate for Convenience Add the following new paragraphs immediately after paragraph 16.03.B: C. This Contract may be terminated in whole or in part in writing by the Owner for its convenience, provided that the Contractor is given written notice (delivered by certified mail, return receipt requested) of intent to terminate, and an opportunity for consultation with the terminating party prior to termination. D. If termination for default is effected by the Owner, and equitable adjustment in the price provided for in this Contract shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work, and any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the Owner because of the Contractor's default. If termination for default is effected by the Contractor, or if termination for convenience is effected by the Owner, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. E. Upon receipt of a termination action under paragraphs 16.03.C or 16.03.D above, the Contractor shall discontinue all affected work (unless the notice directs otherwise), and deliver or otherwise make available to the Owner all data, Drawings, Specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract, whether completed or in process. F. Upon termination under paragraphs 16.03.C or 16.03.D above, the Owner may take over the work and may award another party a contract to complete the work under this Contract. G. If, after termination for failure of the Contractor to fulfill contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the Owner. In such event, adjustment of the Contract Price shall be made as provided in paragraph 16.03.D of this clause. H. If the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any extensions thereof, or fails to complete such work within such time, or if the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he files a petition to take advantage of any debtor’s act, or if he or any of his subcontractors should violate any of the provisions of the contract, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials to complete the Work in the time specified, or if he should fail to make prompt payment to subcontractors or for ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 22 of 24 material or labor, or if he should persistently disregard laws, ordinance, or instruction given by the Owner or Engineer, the Owner may, without prejudice to any other right or remedy, serve written notice upon the Contractor and his surety of his intention to terminate the contract, said notice to contain the reasons for such intention to terminate the contract, and unless within ten (10) days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof be made, the contract shall upon the expiration of said ten days cease and terminate. In such cases, the Contractor shall not be entitled to receive any further payment until the Work is finished. I. In the event of any such termination, the Owner shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract; provided, however, that if the surety within 15 days after the serving upon it of a notice of termination does not give the Owner written notice of its intention to take over and perform the contract or does not commence performance thereof within 30 days from the date of serving said notice, the Owner may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and his surety shall be liable to the Owner for any excess cost or other damage occasioned the Owner thereby, and in such event the Owner may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plans, and other property belonging to the Contractor that may be on the site of the Work and be necessary therefore. For any portion of such work that the Owner elects to complete by furnishing its own employees, materials, tools, and equipment, the Owner shall be compensated for such in accordance with the General Conditions. J. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the Work, including, but not limited to, all costs to Owner arising from professional services and attorney’s fees and all costs generated to ensure or bond the work of substituted Contractors or subcontractors utilized to complete the Work, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to Owner upon demand by Owner. Any portion of such difference not paid by Contractor or surety within 30 days following the mailing of a demand for such costs by Owner shall earn interest at the rate of 10% per annum or the maximum rate authorized by law, whichever is lower. K. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the Owner. SC-16.04 Contractor May Stop Work or Terminate Add the following new paragraph immediately after paragraph 16.04.B: 16.05 Other Termination This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under the Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and an opportunity for consultation with the terminating party prior to termination. ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 23 of 24 ARTICLE 17 – FINAL RESOLUTION OF DISPUTES SC-17.01 Methods and Procedures Add the following new paragraphs immediately after 17.01.B.3: C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 11.6.A.2 shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. Elects in writing to demand arbitration of the Claim, pursuant to Paragraph 17.02; or 2. Agrees with the other party to submit the Claim to another dispute resolution process. SC-17.02 Arbitration Add the following new paragraph immediately after Paragraph 17.01. SC- 17.02 Arbitration A. All Claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for Claims which have been waived by the making or acceptance of final payment as provided by Paragraph 15.07) including but not limited to those not resolved under the provisions of Paragraphs SC-17.01A and 17.01.B will be decided by arbitration in accordance with the rules of American Arbitration Association, subject to the conditions and limitations of this Paragraph SC-17.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC- 17.01.C, and in all other cases within a reasonable time after the Claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim or other dispute or matter in question would be barred by the applicable statute of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer’s consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such ---PAGE BREAK--- Exhibit A – Supplementary Conditions Page 24 of 24 proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties, in writing, and include: a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. ARTICLE 18 – MISCELLANEOUS Add the following new paragraphs immediately after 18.08.A: SC-18.09 Access to Records A. At all times during regular business hours and as often as Owner requires, Contractor shall provide full and free access to the Owner, and Engineer, to any books, documents, papers, and records related to the work for the purpose of examination, audit, and duplication. The Contractor shall maintain all required accounts, records, and books for three years after final completion of the work. ---PAGE BREAK--- EXHIBIT B Special Conditions (installation) Exhibit B - Special Conditions (Installation) ---PAGE BREAK--- ---PAGE BREAK--- Special Conditions Table of Contents – Page i EXHIBIT B Special Conditions (Installation) Table of Contents SC1 SUMMARY OF WORK 1 SC2 STANDARD SPECIFICATIONS 1 SC3 CONTRACT CORRELATION 1 SC4 DUST CONTROL 1 SC5 STOCKPILING 2 SC6 CONTRACTOR’S USE OF PREMISES 2 SC7 CLEANUP & WASTE DISPOSAL 2 SC8 CONTRACT MODIFICATION PROCEDURES 2 SC9 PROJECT MEETINGS 4 ---PAGE BREAK--- Special Conditions Page 1 of 4 EXHIBIT B Special Conditions (Installation) SC1 SUMMARY OF WORK The Work to be done under these Specifications shall include the installation of all materials and equipment necessary for, or incidental, to the installation of all of the improvements. SC2 STANDARD SPECIFICATIONS By reference the "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" (Orange Book) as adopted by Washoe County, City of Sparks, City of Reno, Carson City and Douglas County are included in these Contract Documents as if included in part or whole. SC3 CONTRACT CORRELATION In the event that the terms, provisions, conditions, specifications or requirements contained in one contract document should conflict with those contained in another contract document, then such conflict shall be resolved in accordance with the following order of precedence: A. Change Orders. B. Addenda. C. Special Provisions. D. The Plans. E. The General Provisions. F. The OWNER-CONTRACTOR Agreement. G. Standard Details for Public Works Construction, as adopted by Douglas County. Specifications shall take precedence over notes on drawings. Large-scale drawings shall take precedence over smaller scale drawings. SC4 DUST CONTROL The CONTRACTOR shall take whatever steps, procedures, or means are required to prevent abnormal dust conditions being caused by his operations in connection with this Contract; and on any unpaved road which the CONTRACTOR or any of his subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliatives, modifications of operations, or any other means acceptable to the ENGINEER and the Health or Environmental Control Agency having jurisdiction. ---PAGE BREAK--- Special Conditions Page 2 of 4 SC5 STOCKPILING The Contractor shall receive approval for the location of any stockpiles from the Town of Minden prior to storing any materials. The Contractor shall stockpile or store materials on-site so as not to block drainageways or roadside ditches. All roadside ditches or drainageways disturbed by the Contractor shall be graded to allow for unrestricted flow of drainage water or stormwater runoff prior to his leaving the site each day. SC6 CONTRACTOR’S USE OF PREMISES Access to the work site and staging areas shall be coordinated with the Town of Minden. Stockpiling, clean up, and the parking of equipment shall be coordinated and approved by the Town of Minden. Construction water will be available from the Town of Minden water system at no charge to the Contractor, through a meter provided by the Town of Minden at a location specified by the Town of Minden. SC7 CLEANUP & WASTE DISPOSAL Throughout the period of construction, the CONTRACTOR shall keep the Work site free and clean of all rubbish and debris, and shall remove from any portion of the site, or from property adjacent to the site of the Work, all unused materials, surplus earth and debris, excepting select material which may be required for refilling or grading. Upon completion of the Work and prior to final acceptance of the project, the Contractor shall remove from the vicinity of the completed Work all plant, surplus material and equipment belonging to him or used under his direction during construction. The Contractor shall provide for the disposal of all surplus materials, waste products, debris and rejected materials, and shall make necessary arrangements for such disposal in a safe and lawful manner in accordance with State, local and federal codes and regulations. Ditches, washes, and drainageways shall not be filled. Any damage, oil spills, or other accident affecting the pre-construction condition of any improvements shall be repaired/cleaned to the satisfaction of the Town of Minden prior to final completion SC8 CONTRACT MODIFICATION PROCEDURES A. Minor Changes in Work: Field Orders authorizing minor changes in the Work, not involving an adjustment to the Contract Sum or Contract Time, will be issued by the Engineer, in writing. ---PAGE BREAK--- Special Conditions Page 3 of 4 B. Change Order Proposal Requests: 1. Owner-Initiated Proposal Requests: Proposed changes in the Work that will require adjustment to the Contract Sum or Contract Time will be issued by the Engineer, with a detailed description of the proposed change and supplemental or revised Drawings and Specifications, if necessary. a. Proposal requests issued by the Engineer are for information only. Do not consider them as instruction either to stop work in progress, or to execute the proposed change. b. Unless otherwise indicated in the proposal request, within 7 days of receipt of the proposal request, the Contractor shall submit to the Engineer, for the Owner's review, an estimate of costs necessary to execute the proposed change. The following shall be included in the proposal request: A list of quantities of products to be purchased and unit costs, along with the total amount of purchases to be made. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. A Statement indicating the effect the proposed change in the Work will have on the Contract Time. 2. Contractor-Initiated Change Order Proposal Requests: When latent or other unforeseen conditions require modifications to the Contract, the Contractor may propose changes by submitting a request in writing for a change to the Engineer. (No verbal communications will be considered valid). 3. Include a statement outlining the reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and Contract Time. 4. Include a list of quantities of products to be purchased and unit costs, along with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. 5. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 6. If the proposed change in the Work requires the substitution of one product or system for a specified product or system, provide information substantiating its equivalency. ---PAGE BREAK--- Special Conditions Page 4 of 4 C. Work Change Directive: When the Owner and Contractor are not in total agreement on the terms of a Change Order Proposal Request, the Engineer may issue a Work Change Directive, instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. The Construction Work Change Directive will contain a complete description of the change in the Work and designate the method to be followed to determine change in the Contract Sum or Contract Time. 2. DOCUMENTATION: Contractor shall maintain detailed records on a time and materials basis for work required by a Work Change Directive which will be verified by the inspector. 3. After completion of the change, the Contractor shall submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. SC9 PROJECT MEETINGS A. Pre-Construction Conference: 1. The Contractor shall schedule a pre-construction conference and organizational meeting at the Project site or other convenient location no later than 48 hours prior to commencement of any construction activities. 2. Attendees: The Owner, Public Entities, Utilities, Engineer, the Contractor and its superintendent, major subcontractors, manufacturers, suppliers, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the Work. 3. Agenda: Discuss items of significance that could affect progress including, but not limited to such topics as: a. Tentative Construction Schedule. b. Critical work sequencing. c. Designation of responsible personnel. d. Procedures for processing field decisions and Change Orders. e. Procedures for processing Applications for Payment. f. Distribution of Contract Documents. g. Submittal of Shop Drawings, Product Data and Samples. h. Record documents. i. Use of the premises. j. Work and storage areas. k. Safety procedures. l. First aid. m. Security. n. Housekeeping. o. Working hours. p. Schedule of progress meetings. ---PAGE BREAK--- ---PAGE BREAK--- EXHIBIT C Technical Specifications Exhibit C – Technical Specifications ---PAGE BREAK--- ---PAGE BREAK--- Technical Specifications Page i EXHIBIT C TECHNICAL SPECIFICATIONS Table of Contents SECTION 01019 – MEASUREMENT AND PAYMENT SECTION 01300 – SUBMITTAL PROCEDURES SECTION 01310 – CONSTRUCTION SCHEDULES SECTION 01550 – CONSTRUCTION TRAFFIC CONTROL SECTION 01900 – MOBILIZATION/DEMOBILIZATION SECTION 02200 – EARTHWORK SECTION 02220 – SALVAGE AND DEMOLITION SECTION 02221 – TRENCH EXCAVATION, BACKFILL AMD COMPACTION SECTION 02232 – PULVERIZING BITUMINOUS PAVEMENT SECTION 02280 – UTILITY GRADE ADJUSTMENTS SECTION 02710 – AGGREGATE BASE COURSE SECTION 02740 – ASPHALT CONCRETE PAVING SECTION 02762 – PAVEMENT MARKINGS SECTION 03300 – CONCRETE ---PAGE BREAK--- Technical Specifications Section 01019 – Page 1 of 2 SECTION 01019 – MEASUREMENT AND PAYMENT PART 1 – Application for Payment 1.1 SUMMARY A. General work included in this Section: 1. Measurement and Payment. 1.2 GENERAL A. Submit Applications for Payment to ENGINEER in accordance with the schedule established by conditions of the Contract and Agreement between OWNER and CONTRACTOR. B. Additional requirements specified elsewhere. 1. Progress payments, retainages, and final payment: Conditions of the Contract and Agreement. 2. Schedule of Values: Bid Form. 1.3 FORMAT AND DATA REQUIRED A. Submit applications per form including Application for Payment, or a similar form, with itemized data typed on 8-1/2” x 11” white paper continuation sheet. B. Provide itemized data on continuation sheet. 1. Format, schedules, line items, and values: Those of the Schedule of Values. 1.4 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application form: 1. Fill in required information, including that for Change Orders executed prior to the date of submittal application. 2. Fill in summary of dollar values to agree with the respective totals indicated on the continuation sheets. 3. Execute certification with the signature of a responsible officer of the CONTRACTOR’s firm. B. Continuation Sheets: 1. Fill in total list of all scheduled component items of work with item number and the scheduled dollar value for each item. 2. Fill in the dollar value in each column for each scheduled line item when work has been performed or products stored. ---PAGE BREAK--- Technical Specifications Section 01019 – Page 2 of 2 C. List each Change Order executed prior to the date of submission at the end of the continuation sheets. 1. List by Change Order number and description, as for an original component item of work. 1.5 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When OWNER or ENGINEER requires substantiating data, CONTRACTOR shall submit suitable information, with a cover letter identifying: 1. Project. 2. Application number and date. 3. Detailed list of enclosures. 4. For stored products: a. Item number and identification as shown on application. b. Description of specific material. B. Submit one copy of data and cover letter for each copy of the application. 1.6 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in application form as specified for progress payments. 1.7 SUBMITTAL PROCEDURE A. Submit Application for Payment to ENGINEER as described in General Conditions. B. Number: One original plus two copies of each application. C. When ENGINEER finds the application properly completed and correct, he will transmit a Certificate of Payment to the OWNER. END SECTION – 01019 ---PAGE BREAK--- Technical Specifications Section 01300 - Page 1 of 2 SECTION 01300 – SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. All equipment and materials shall be submitted to the ENGINEER for approval prior to purchase. The information required to be submitted shall include, but not be limited to, drawings, specifications, descriptive data, certificates and samples as required by the ENGINEER. B. Related Sections. 1. General Conditions 2. Supplemental Conditions 1.2 CONTRACTORS RESPONSIBILITY A. The CONTRACTOR shall be held responsible for the accuracy and completeness of each submittal. Prior to submitting any submittal for review, the CONTRACTOR shall review the submittal, indicate any deviations from the Contract Documents, cross out any information that does not directly relate to the item being submitted and sign the document certifying it has been reviewed by his Company. 1.3 TRANSMITTAL PROCEDURE A. The CONTRACTOR shall submit a minimum of four copies of each submittal (unless additional copies are desired by the CONTRACTOR). The submittal will be reviewed for completeness and certified by the ENGINEER with one of the following. 1. Approved 2. Approved as Noted 3. Rejected B. If the ENGINEER finds the submittal in substantial compliance with the specification, he will certify the submittal “Approved”. In this event, the CONTRACTOR may begin to implement the work method or incorporate the material or equipment covered by the submittal. C. If the ENGINEER marks the submittal “Approved as Noted”, the CONTRACTOR may begin implementing the work method or incorporating the material and equipment covered by the submittal with the noted corrections. D. If the ENGINEER finds the submittal is not within the requirements of the specifications, it will be marked “Rejected” and annotated as to why it was ---PAGE BREAK--- Technical Specifications Section 01300 - Page 2 of 2 not approved. The CONTRACTOR must then revise his submittal to meet specifications and resubmit for approval. E. Only one copy of each submittal will be returned to the CONTRACTOR. If the CONTRACTOR desires additional copies of reviewed submittals he shall provide them to the ENGINEER. F. Allow seven days for the ENGINEER's initial review of each submittal. Where processing must be delayed to permit coordination with subsequent submittals, allow additional time. The ENGINEER will advise the CONTRACTOR when a submittal being processed must be delayed for any reason. END SECTION – 01300 ---PAGE BREAK--- Technical Specifications Section 01310 - Page 1 of 2 SECTION 01310 – CONSTRUCTION SCHEDULES PART 1 – GENERAL 1.1 SUMMARY A. General work included in this Section: 1. Construction schedules. 1.2 CONSTRUCTION SCHEDULES: GENERAL A. Prepare and submit to the ENGINEER estimated progress schedules for the Work, with sub-schedules of related activities that are essential to its progress. The CONTRACTOR shall consider the notification of affected residents in the preparation of the construction schedules. B. The CONTRACTOR shall submit revised progress schedules based upon revisions in the progress and/or scheduling of Work, or as required by the ENGINEER. C. OWNER may require CONTRACTOR to add to his plant, equipment, or construction forces, as well as increase working hours if operations fall behind schedule at any time during the construction period. D. The CONTRACTOR shall schedule their work in an effort to localize their activities and prevent partial construction work from spreading throughout the Town of Minden. The Town of Minden would prefer activity to be completed in one general location before work is begun in another location. 1.3 FORM OF SCHEDULES A. Prepare schedules in the form of a horizontal bar chart: 1. Provide separate horizontal bar for each trade or operation. 2. Horizontal time scale: Identify the first work day of each week. 3. Scale and spacing: To allow space for notations and future revisions. 4. Minimum sheet size: 11” x 17”. B. Format of listings: 1. The chronological order of the start of each item of work. 1.4 CONTENT OF SCHEDULES A. Show on construction progress schedule: 1. The complete sequence of construction by activity. ---PAGE BREAK--- Technical Specifications Section 01310 - Page 2 of 2 2. Dates for notification of residents and/or notification of agencies for traffic delays and road closures. 3. The dates for the beginning and completion of each major element of construction. 4. Show submittal schedules for shop drawings and product data. 5. The dates for CONTRACTOR’s submittals. 6. The dates that submittals will be required from ENGINEER. Extensions of time for delays in submittal approval shall only be allowed as provided in Section 01340. B. Product delivery schedules: 1. Show the delivery dates for all major items of materials and equipment. 1.5 PROGRESS REVISIONS A. Indicate progress of each activity at date of submission. B. Show changes occurring since previous submission of schedule: 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended, and its effect. 3. The effect upon the schedule of other activities. 1.6 SUBMITTALS A. Submit initial schedules by the time of the preconstruction meeting. B. Submit revised progress schedule with each Application of Payment, or as required by the ENGINEER. C. The ENGINEER shall review and comment on the submittal within seven days. If required, the CONTRACTOR shall resubmit within seven days after return of the review copy. END SECTION – 01310 ---PAGE BREAK--- Technical Specifications Section 01550 - Page 1 of 3 SECTION 01550 – CONSTRUCTION TRAFFIC CONTROL PART 1 – GENERAL 1.1 DESCRIPTION OF WORK A. The work to be performed in accordance with this section includes providing flagging services and pilot vehicles, furnishing, controlling, maintaining, moving, and removing barricades, warning signs, lights, signals, and pavement markings as required to provide safe and efficient vehicular and pedestrian passage through the work zone. This consists of all work related to traffic control, including but not limited to: 1) preparation and submittal of traffic control plans; 2) providing traffic control during the project for all operations within the project area; and, 3) notification of residents and businesses that will have limited access during the work. 1.2 QUALITY ASSURANCE A. Related Documents: 1. MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, LATEST EDITION (MUTCD). 2. Nevada Department of Transportation (NDOT) Standard Specifications for Road and Bridge Construction, latest edition. 3. NDOT Signing and Marking Standard Drawings. 4. NDOT Construction Standard Drawings. B. Related Sections 1. Supplemental General Conditions Section 17.08. 1.3 SUBMITTALS A. Traffic control plan. Supplemental conditions 17.08 outlines the requirements for any road closures or traffic control. A separate plan shall be submitted for each construction area. The CONTRACTOR shall comply with the approved traffic control plan at all times. If an alternate traffic control plan is requested by the CONTRACTOR, the CONTRACTOR must prepare the necessary plans, submit to the necessary agency or agencies for approval, receive approval in writing, and provide ENGINEER with a copy of the approval before working in areas associated with the modified traffic control plan. ---PAGE BREAK--- Technical Specifications Section 01550 - Page 2 of 3 B. Schedule. Provide complete traffic control plan schedule showing dates and times for traffic control changes that will be performed in conjunction with the work schedule. C. Responsible Employee(s). Provide the name(s) and after-hours phone number(s) for the employee(s) responsible for implementation and maintenance of the traffic control plan to the OWNER and local law enforcement agency. The employee(s) shall be available at all times to make necessary changes and/or repairs to the traffic control facilities as required to maintain safe traffic control in and around construction areas. PART 2 – MATERIALS 2.1 GENERAL A. All products, procedures and facilities shall be per MUTCD latest edition. All traffic control devices shall be high intensity. 2.2 SIGNS, BARRICADES, CHANNELIZING DEVICES AND LIGHTING DEVICES A. MUTCD, part VI. Lighted barricades shall be properly maintained. 2.3 FLAGMEN A. Competent, trained, and supplied with a combination STOP/SLOW sign, orange vest, and orange hard hat. Provide adjacent barricading devices where required. Flagmen shall be certified as required by State law and/or local codes and ordinances. PART 3 – EXECUTION 3.1 GENERAL A. Provide adequate protection of all vehicular and pedestrian traffic and workmen through any and all portions of the construction zone where the construction operations interfere with, obstruct, or create a hazard to the normal movement of traffic. 1. Where possible, two lanes of traffic shall remain open at all times unless otherwise indicated. 2. During Emergency situations, the OWNER may provide traffic control. The cost of any traffic control provided by the OWNER shall be borne by the CONTRACTOR. 3. In the event that any employees of the City are required to correct, repair, or modify any in-place traffic control by the ---PAGE BREAK--- Technical Specifications Section 01550 - Page 3 of 3 CONTRACTOR, it shall be the responsibility of the CONTRACTOR to reimburse the City for any incurred costs. 3.2 PUBLIC NOTIFICATION A. Public and Services. Notification procedures shall be per Supplemental General Conditions Section 17.08, and Section 1.02.C of Section 01900. 3.3 TRAFFIC CONTROL DEVICES A. Place all necessary traffic control devices before any work is started. Move devices as necessary to keep up with the advancing operation. Place devices at the locations indicated on the traffic plan and in accordance with plan details and the MUTCD and as specified herein. Maintain devices; keep free from dirt, mud and roadway grime. replace all damaged devices. 3.4 FLAGMEN A. Locate flagmen as indicated on the traffic control plan. Provide flagmen where traffic is required to stop and/or slow. Provide additional flagmen as required for site-specific traffic control conditions. 3.5 STOPPING TRAFFIC A. Traffic shall not be stopped and held longer than absolutely necessary. Traffic shall not be stopped long enough to interrupt traffic at the nearest intersection or longer than 5 minutes unless otherwise approved by the OWNER. 3.6 ADJUSTMENT TO THE TRAFFIC CONTROL PLAN A. At any time, the OWNER may request that adjustments be made to the traffic control plan layout or signage. The CONTRACTOR shall immediately make all adjustments and provide all signage required. No additional compensation or payments will be made for adjustments to the traffic control plan. END SECTION – 01550 ---PAGE BREAK--- Technical Specifications Section 01900 - Page 1 of 2 SECTION 01900 – MOBILIZATION/DEMOBILIZATION PART 1 – General 1.1 SCOPE A. Mobilization shall consist of preparatory work and operation, including but not limited to, those tasks necessary for the movement of personnel, equipment, supplies, and incidentals to and from the site, for the establishment of offices, buildings and other facilities necessary for work on the project; for premiums on bonds and insurance for the project and for all other work and operations which must be performed or costs incurred before beginning production work on the various contract items. Demobilization at the finish of the job shall include the removal of all construction equipment, restoration of the site, and removal of all miscellaneous construction debris. 1.2 SUBMITTALS A. The Town of Minden shall obtain all necessary permits from Douglas County or the Nevada Department of Transportation. The CONTRACTOR shall be responsible for adhering to all submittal requirements of the respective agencies for obtaining the permits. B. The CONTRACTOR shall be responsible for contacting the U.S. Post Office, the Douglas County School District (DCSD), and Douglas County during construction activities. C. The CONTRACTOR shall provide a notice to all affected residents and businesses. The CONTRACTOR shall submit a sample of the notice to the Town of Minden for review and approval prior to, but no later than, the time of the preconstruction conference. It shall provide the following information: PROJECT NAME – 2025 Seeman Ranch Dog Park ENGINEER’S NAME - John Frisby, P.E. ENGINEER Phone # (775) 782-5976 CONTRACTOR’s Name – CONTRACTOR’s Contact – CONTRACTOR’s Phone # Brief description of work, and Tentative Schedule with estimated completion date. The notice is to be distributed at least 48 hours prior to any construction activities. ---PAGE BREAK--- Technical Specifications Section 01900 - Page 2 of 2 The CONTRACTOR shall prepare and distribute revised notices to residents if there are revisions to the construction schedules. D. The CONTRACTOR shall provide one copy to the ENGINEER of any written agreements with property OWNER for the areas used for material and equipment storage or staging. E. A copy of the approved Notice shall be provided to the Town of Minden at their office located at 1604 Esmeralda Avenue, Minden, NV, 89423. F. A copy of the approved notice shall be provided to the ENGINEER. PART 2 – PRODUCTS 2.1 GENERAL A. Materials shall consist of equipment, buildings, and tools necessary to move to the project site to perform work. PART 3 – EXECUTION 3.1 GENERAL A. Setting up of offices, and the use of private property for storage or work area shall be executed in a legal manner in accordance with local and state codes and ordinances. B. Remove all equipment, offices, materials and facilities used for the construction of the PROJECT upon PROJECT completion. Leave areas used in a condition as good as or better than when encountered. END SECTION – 01900 ---PAGE BREAK--- Technical Specifications Section 02200-1 SECTION 02200 - EARTHWORK PART 1 – GENERAL 1.1 WORK RELATED A. Work included in this section shall include furnishing of all materials and labor necessary to complete Earthwork as indicated, specified herein or on the Plans. The work of this section includes, but is not necessarily limited to, the following: 1. Stripping and clearing. 2. Scarifying and recompaction of native soils. 3. Excavation for footings. 4. Engineered fill and backfill. 5. Base fill under slabs on grade. 6. Finish site grading. 7. Temporary site drainage. 8. Dust control. 9. Quality control. 1.2 CONTRACTOR'S RESPONSIBILITY A. The CONTRACTOR shall attentively examine the site in such a manner that he can confirm existing surface conditions with those presented in the Soils Report. He shall satisfy himself that the quality and quantity of exposed materials and subsurface soil or rock deposits have been satisfactorily represented by the Civil Engineers' drawings. Any discrepancy that may be of prior knowledge to the CONTRACTOR or that is revealed through his investigations shall be made available to the OWNER. The selection of equipment for use of the project and the order of work will similarly be his responsibility such that the requirements included in the following sections have been met. 1.3 REFERENCE STANDARDS A. Standard Specifications: Standard Specifications for Public Works Construction as adopted by Douglas County (Orange Book) 2012 Edition. ASTM D2922 – Compaction Testing in Place by Nuclear Methods. ASTM D 1557 – Moisture Density Relationship of Compacted Soils. B. Where referred to herein, relative compaction shall mean the in-place dry density of soil expressed as a percentage of maximum dry density of the same material, as determined by ASTM D 1557 Moisture Density Relationship Test Procedure. Optimum moisture content shall mean the moisture content corresponding to maximum dry density as determined above. ---PAGE BREAK--- Technical Specifications Section 02200-2 1.4 QUALITY CONTROL A. OWNER shall retain and pay a qualified testing laboratory to test all fill or backfill materials to be used by the CONTRACTOR during construction. B. OWNER shall retain and pay a qualified testing technician to test compaction of sub-grade and fill materials as directed by the OWNER’s representative. Frequency of testing shall be in conformance with Orange Book requirements. C. When compacted soils and materials fail to meet the requirements of the specifications, the CONTRACTOR shall pay for any and all retesting of said compacted soils and materials. D. If, during the progress of work, tests indicate that compacted materials do not meet specified requirements, or if materials display any adverse conditions, i.e. pumping, excessive or insufficient water content, excessive debris, poor or improper gradation etc. or if materials are determined by the ENGINEER or Technician to be different than those specified, CONTRACTOR shall remove, replace and retest materials and work at no cost to the OWNER. 1.5 SUBMITTALS A. Test Reports: CONTRACTOR shall submit current test reports on all fill or backfill materials for approval, at least 14 days prior to the start of work. 1.6 SITE CONDITIONS A. Information presented in the Contract Documents regarding existing site conditions is believed to be correct, but is not guaranteed. CONTRACTOR shall visit the site for the necessary information and data regarding present ground levels, conditions of the property, location and size of obstructions, and location of adjacent streets, utilities, etc. B. CONTRACTOR shall assume all responsibility for damage to buildings, utilities, streets, etc., that may be caused by his work. CONTRACTOR shall refer to drawings and confer with OWNER for the location of existing utilities, etc. 1.7 PROTECTION A. CONTRACTOR shall protect existing streets, utilities, benchmarks, buildings and other features or facilities on or adjacent to the site from damage from the work of this section where such items are to remain. Any damage to the above shall be immediately repaired by the CONTRACTOR in a manner approved by the OWNER’s representative. B. The CONTRACTOR shall provide, install, and maintain all barricades, shoring, bracing, etc., as required by Federal and State and local codes. ---PAGE BREAK--- Technical Specifications Section 02200-3 1.8 UTILITY SERVICES A. When encountered in the work, the CONTRACTOR shall perform the following: 1. Protect existing active sewer, water, electric, gas, telephone or other utility services or underground improvements. If existing active services are not indicated, but are encountered, request instructions from the OWNER’s representative. Do not proceed until instructions are obtained. 1.9 DUST ABATEMENT A. CONTRACTOR shall take adequate measures at all times during construction to abate dust on the site. Provide watering from trucks, sprinklers, hoses or the like at sufficiently frequent intervals to preclude dust. 1.10 EXCAVATION VARIATIONS A. CONTRACTOR shall notify the OWNER’s representative immediately if abnormal or questionable soil conditions are encountered, and shall not proceed with the work until so directed by the OWNER’s representative. Procedures are as follows: 1. Additional Excavation: When soil nature is such that good bearing cannot be found at sub-grade levels indicated, additional excavation to good bearing soil may be necessary. Should additional excavation be required, it will be ordered in writing. Additional excavation will be paid for at a price negotiated prior to the start of work. 2. Unauthorized Excavation: Where excess or unauthorized excavation takes place beyond indicated lines, CONTRACTOR shall grade and fill to indicated sub-grades in accordance with the provisions of this section at no extra cost to the OWNER or OWNER’s representative. PART 2 – PRODUCTS 2.1 CLASS A A. Class A Bedding shall meet requirements of section 200.03.02 of the Standard Specifications for Public Works Construction. 2.2 CLASS C A. Class C Backfill shall meet requirements of section 200.03.04 of the Standard Specifications for Public Works Construction. ---PAGE BREAK--- Technical Specifications Section 02200-4 2.3 AGGREGATE BASE A. Aggregate Base shall meet requirements of section 200.03.01 of the Standard Specifications for Public Works Construction for Type II, Class B, Aggregate Base. 2.4 NATIVE BACKFILL A. On-site materials free of organics and debris are allowed. All rocks and cobbles with a diameter greater than 3 inches shall be removed prior to placement of backfill. PART 3 – EXECUTION 3.1 SITE PREPARATION A. CONTRACTOR shall locate all utilities and improvements to remain. 3.2 SUB-GRADE SOIL PREPARATION A. Prior to the placement of any compacted backfill, engineered fill, compacted base material, etc., CONTRACTOR shall scarify and moisture condition to within 2% of optimum moisture content, then compact subgrade soils to at least 90% relative density. 3.3 EXCAVATION A. CONTRACTOR shall excavate to lines, grades and dimensions indicated or otherwise required to accommodate the work. B. Excavation shall extend a sufficient distance from the walls to allow for placing and removal of forms, placing reinforcing, installation of services, and for inspection. Sides of footings must be formed. Remove all loose material immediately before the concrete is placed. 3.4 ENGINEERED FILL AND BACKFILL A. CONTRACTOR shall remove water from areas to receive engineered fill and backfill before commencing work and keep areas free of water during filling and compaction. Fill and back-filling operations shall be carried out as follows: 1. Placement of fill, backfilling or compacting of soils during freezing weather shall not occur except by permission of the ENGINEER or his representative. No backfill or fill materials shall be installed on frozen surfaces, nor shall frozen materials, snow, or ice be placed in any backfill. Provide protection as necessary during freezing weather. 2. Place all fill material in lifts of not more than 8 inches loose material thickness, moisture condition material to within 2% of optimum moisture content and compact by approved means to 90% relative density. ---PAGE BREAK--- Technical Specifications Section 02200-5 3.5 SLAB BASE A. CONTRACTOR shall: Provide aggregate base compacted to a depth of no less than 6 inches under all concrete slabs-on-grade, vaults, manholes, and concrete site work. Before placing the fill, smooth and level the surface of the existing soil and thoroughly compact as required for engineered fill. Place base material in one lift, moisture condition to within 2% of optimum moisture content and compact to not less than 95% relative density. 3.6 COMPACTION A. Compaction as specified shall be obtained using suitable equipment designed for the work specified. The CONTRACTOR shall be responsible for selecting the type of equipment to be used. B. Compaction of each layer shall be continuous over the entire area of the fill. Compaction shall be carried out on lifts placed as level as possible. In areas where finished grade exceeds 5:1 slope lifts shall be “staircased” to ensure a level compacting surface. 3.7 FINISH GRADING A. The areas within the grading limits shall be graded to the lines and levels shown on the Plans. Finish grade shall be uniform, smooth, and well compacted, free from trash, debris and rocks over two inches in diameter. Finish grades shall not vary more than one inch from indicated elevations. 3.8 CLEANUP A. During the progress of the work, the CONTRACTOR shall keep the entire job site in a clean and orderly condition. Excess or unsuitable backfill material, broken pipe, or other waste material shall be removed from the job site within one week. Spillage resulting from hauling operations along or across existing streets or roads shall be removed immediately by the CONTRACTOR. All gutters and roadside ditches shall be kept clean and free from obstructions. Any deviation from this practice shall have prior approval from the OWNER. In area where excessive dust is a nuisance, the CONTRACTOR shall as often as necessary wet down the area to prevent dusty conditions as specified in the Special Conditions. This includes weekends and holidays. B. Before final acceptance of the work, the CONTRACTOR shall carefully clean up the work and the premises, remove all temporary structures, such as portable berms, built by or for him, remove all surplus construction materials and rubbish of all kinds from the grounds which he has occupied, and leave them in a neat condition. All drainage ditches shall be restored to their original condition, free of backfill and excavation material, and fully capable of passing storm runoff as in original condition. ---PAGE BREAK--- Technical Specifications Section 02200-6 C. Daily cleanup of trash, paper, and small debris subject to movement with winds will be required. — END SECTION 02200 — ---PAGE BREAK--- Technical Specifications Section 02220 - Page 1 of 2 SECTION 02220 – SALVAGE AND DEMOLITION PART 1 – GENERAL 1.1 SUMMARY A. Section Includes: Sawcut, removal, abandonment and disposal of various existing improvements, such as pavements, structures, existing water lines, pipes, curbs and gutters, landscaping, and other items necessary for completion of the work, not scheduled for salvage. B. Related Sections 1. Aggregate Base Course Section 02710 2. Asphalt Concrete Paving Section 02740 3. Concrete Section 03300 C. Applicable Additional Specifications. “Orange Book” Section 301 – Removal of Existing Improvements. PART 2 – PRODUCTS 2.1 MATERIALS A. Provide all materials and equipment required to complete the work per and included herein. PART 3 – EXECUTION 3.1 LIMITS OF WORK A. Confine limits of existing improvements to the limits of the construction area. 3.2 PROTECTION OF PROPERTY A. Protect existing improvements, adjacent property, utilities, trees, plants, and any other existing items which are not specifically intended to be removed. B. Repair all damage to existing improvements not scheduled for demolition or salvage. ---PAGE BREAK--- Technical Specifications Section 02220 - Page 2 of 2 3.3 DISPOSAL A. All materials resulting from demolition shall be disposed of in the appropriate manner. Disposal shall meet all state and local codes. 3.4 CONSTRUCTION METHODS A. Removal of Existing Portland Cement Concrete Curbs, Gutters, Sidewalks, and other pavements. Sawcut concrete to the match-lines as indicated on the plan or as required. Sawcut neat, vertical, true lines in such a manner that the adjoining surface will not be damaged. Sawcut to the full depth of the existing concrete. The existing concrete to be removed shall be disposed off-site in an approved landfill. B. Removal of Existing Asphalt Concrete Pavement for Asphalt Concrete Patch Repair. Sawcut asphalt concrete to the match lines shown on the plans, or as required, in accordance with 3.4.A above. Deep milling may also be utilized for asphalt concrete pavement removal in areas where feasible. C. Miscellaneous Removals. Perform all miscellaneous removals to construct the new improvements as required. END SECTION - 02220 ---PAGE BREAK--- Technical Specifications Section 02221-1 SECTION 02221 - TRENCH EXCAVATION, BACKFILLING AND COMPACTION PART 1 – GENERAL 1.1 DESCRIPTION A. This section provides addition specifications for materials and work involved in TRENCH EXCAVATION BACKFILLING AND COMPACTION. B. Trench excavation shall include the removal of all materials or obstructions of any nature, the installation and removal of all sheeting and bracing and the control of water necessary to construct the work as shown. Unless otherwise indicated on the Plans or permitted by the ENGINEER or his representative, excavation shall be by open cut. Trenching machines may be used, except where their use will result in damage to existing facilities. C. Trench excavation work shall be performed in a safe and proper manner with suitable precautions being taken against hazards of every kind. Trench excavations shall provide adequate working space and clearances for the work to be performed therein, and for installation and removal of sheeting and shoring that may be required. D. Prior to commencing excavation, the CONTRACTOR shall have materials, labor and equipment on the job site suitable for making emergency repairs to the existing system, should the existing facilities be damaged by the CONTRACTOR’s operations. 1.2 RELATED SECTIONS SPECIFIED ELSEWHERE A. Section 2200 – EARTHWORK 1.3 SUBMITTALS A. The CONTRACTOR shall submit testing reports, prepared by a qualified testing laboratory, for all bedding and aggregate base materials, prior to commencement of work, including information on location of the source of material. PART 2 – MATERIALS 2.1 BEDDING A. The pipe bedding material, within the pipe zone, shall clean, granular material conforming to the following gradation and requirements of Class A Material: Sieve Size of Opening Percent Passing 3/8 inch 100 No. 4 90-100 ---PAGE BREAK--- Technical Specifications Section 02221-2 No. 50 10-40 No. 100 3-15 No. 200 0-7 B. Sieve analysis and a moisture-density curve of bedding material shall be paid for by the CONTRACTOR and a copy of the results provided to the ENGINEER/OWNER before placement commences. In the absence of such excavated select backfill material, suitable bedding material (sand) shall be imported. Sand shall be free from foreign materials such as dirt, clay, rocks, sticks or vegetation. 2.2 TRENCH BACKFILL A. All trenches shall be backfilled after pipe fittings and appurtenances have been installed, inspected and approved for backfill. B. All wood, debris and waste material shall be removed from excavation preparatory to backfilling. Backfill material shall be approved in all cases by the ENGINEER and shall be free of trash, wood, rocks greater than 3” and any other objectionable debris. Backfilling shall include the refilling and compacting of the fill in trenches or excavations up to the subgrade of the roadway or to the existing ground surface. All backfill above the pipe zone shall not exceed 8-inch maximum lifts of loose material and shall be compacted throughout to a minimum of 90% relative density. Backfill under roadways shall be compacted to 95% relative density except where noted in the plans. PART 3 – EXECUTION 3.1 TRENCH CONFIGURATION AND ALIGNMENT A. Trenches and other excavations shall have the minimum width which the CONTRACTOR can effectively excavate and install the improvements. Excessive widths will not be permitted. Trenches shall have a recommended width between twelve (12) and twenty-four (24) inches greater than the outside diameter of the pipe to be installed. Deviations from this recommended width must be submitted to the ENGINEER in writing for approval. 3.2 PIPE BEDDING A. Prior to placement of bedding material, the Contractor shall proof-roll to detect the presence of soft or pumping subgrade soils. The Contractor shall stabilize the subgrade with drain rock or crushed rock in accordance with the Plans, or as directed by the Engineer. B. The pipe bedding shall be brought to optimum moisture content and compacted to 90% density. The OWNER shall pay for initial compaction tests. All test reports shall be submitted to the OWNER prior to acceptance of the project. ---PAGE BREAK--- Technical Specifications Section 02221-3 3.3 PROCEDURE AT PIPE ZONE A. After center-loading the pipe to prevent lateral movement, select granular excavated material, specified under 2.1 - Bedding, shall be placed in the trench simultaneously on each side of the pipe for the full width of the trench in layers not to exceed the spring line of the pipe. Each layer or lift shall be compacted to at least 90% of maximum density evenly, on each side of the pipe throughout the pipe zone. The pipe zone is to extend from bottom of the excavation to 12 inches above the top of the pipe and shall be backfilled with select material as specified herein. 3.4 PROCEDURE ABOVE PIPE ZONE A. From 12 inches above the top of pipe to the top of the trench or pavement structure, pipe backfill shall consist of suitable excavation material or Type 2 base materials, and no oil cake, bituminous pavement, concrete, rock or other unacceptable material shall be used in the backfill unless these materials are scattered and do not exceed 2 inches in any dimension. Material of perishable, spongy or otherwise improper nature shall not be used in backfilling and no material greater than 2 inches in any dimension shall be placed within 1 foot of any pipe, manhole or structure. B. Backfill above the pipe zone and within street rights-of-way, except State Highways, shall be compacted in accordance with Section 305.14 of the Standard Specifications for Public Works Construction and the Details provided in the plans. 3.5 SHEETING AND SHORING A. Excavation for trenches shall be properly and substantially sheeted, braced, and shored as required by OSHA and State Standards. Sheeting, bracing, and shoring shall be designed and built to OSHA standards to withstand all loads that might be caused by earth movement or pressure and shall be rigid, maintaining shape and position under all circumstances. B. During backfilling, any shoring shall be carefully removed by the CONTRACTOR in such a manner as will result in a minimum of caving, lateral movement, or flowing of the soil. On approval of the ENGINEER, the CONTRACTOR may leave shoring in place, but in such an event, no payment will be made by the OWNER for such materials left in place. Where trench shoring is left in place, it shall not be braced against the pipe. 3.6 DISPOSAL OF EXCESS EXCAVATED MATERIALS A. Disposal of excess excavated material shall be the responsibility of the CONTRACTOR. ---PAGE BREAK--- Technical Specifications Section 02221-4 3.7 BLASTING A. No blasting will be permitted without the approval of the ENGINEER. When blasting is permitted, it shall be done only by skilled operators and under the direction of a competent, properly licensed foreman. Blasting will be permitted only when proper precautions are taken for the protection of persons, the work, and existing structures. Any damage done to persons, private property, the work, or existing structures shall be the responsibility of the CONTRACTOR. B. Blasting shall be done with explosives of such power and in such quantities and positions as not to make the excavation unduly large, or to shatter the faces of cuts which are to remain open. Excessive blasting or "overshooting" will not be permitted, and any material outside the authorized cross-section which may be shattered or loosened by blasting shall be removed and replaced with earth as herein specified, at the CONTRACTOR's expense. The ENGINEER shall have authority to require the CONTRACTOR to discontinue any method of blasting which leads to overshooting or is dangerous to the public or destructive to property or to natural features. C. Permits for blasting shall be obtained and paid for by the CONTRACTOR. 3.8 MAXIMUM LENGTH OF OPEN TRENCH A. Open trench at any one time shall be limited to 200 feet in areas readily accessible to the public; any exception to this requirement shall require the ENGINEER’s approval with the strict understanding that no trench will remain uncovered at the end of each working day. B. Trenching or excavation shall not be allowed to remain open during the hours of darkness or on weekends, holidays or other periods when work is not in progress. During such periods, trenching or excavations shall be backfilled to the surrounding grade or completely covered with steel plating or other suitable material, such as cold road-mix asphalt pavement. With prior concurrence of the ENGINEER that such measures are impracticable, the CONTRACTOR may erect sound and substantial fencing or barricades completely around the periphery of such trenching or excavations to the satisfaction of the ENGINEER, or install adequate trench plates over all open trenching. 3.9 CONTROL OF WATER A. When water is encountered, the CONTRACTOR shall furnish, install, maintain and operate all necessary machinery, appliances, and equipment to keep excavations free from water until the placing of the bedding material, laying and jointing of the pipe, pouring of concrete, and placing of the backfill material has been completed, inspected, and approved and all danger of flotation and other damages are removed. Groundwater pumped from the trench shall be disposed of in such a manner as will not cause ---PAGE BREAK--- Technical Specifications Section 02221-5 injury to public or private property, or constitute a nuisance or menace to the public, and shall be subject to the approval of the ENGINEER. 3.10 REPAIRS REQUIRED BY TRENCH SETTLEMENT A. If, at any time during a period of one year dating from the date of final acceptance of the project, there shall be any settlement of the trenches requiring repairs to be made, or should any other defect appear in the system due to negligence or carelessness on the part of the CONTRACTOR, the OWNER will notify the CONTRACTOR to immediately make such repairs as may be deemed necessary at the CONTRACTOR's expense. 3.11 SPECIAL FOUNDATION TREATMENT A. Whenever the bottom of the trench is soft, yielding, or in the opinion of the ENGINEER otherwise unsuitable as a foundation for the pipe, the unsuitable material shall be removed and replaced with suitable excavated material or crusher run gravel. Payment of this work will be made only if the bottom of the trench has become unstable due to circumstances beyond the control of the CONTRACTOR. 3.12 EROSION CONTROL AND DEWATERING A. Sediment barriers shall be installed across the entire construction right of way at all ditch/drainage crossings where necessary to prevent sediment flow into the flow-way. Removable sediment barriers can be removed during actual construction, but must be re-installed after construction has stopped for the day and/or when heavy precipitation is imminent. B. Trench dewatering shall be conducted in a manner that does not cause erosion and does not result in heavily silt-laden water flowing into any wetland. Remove the dewatering structures as soon as possible after the completion of dewatering activities. C. The Contractor shall conduct activities in accordance with permitting associated with construction dewatering. D. The Contractor shall submit a plan outlining proposed dewatering and erosion control prior to construction/implementation of said activities. E. A will be prepared in coordination with the low bidder and Resource Concept, Inc. The contractor shall be the responsible party and shall be responsible for adhering to the requirements of the and erosion control plans. — END SECTION 02221 — ---PAGE BREAK--- Technical Specifications Section 02232 - Page 1 of 2 SECTION 02232 - PULVERIZING BITUMINOUS PAVEMENT PART 1 – GENERAL 1.1 SUMMARY A. Section Includes: Pulverizing of existing bituminous pavement utilizing a machine (cold) process to provide a blended aggregate mixture of existing bituminous and aggregate base material. The work covered shall include the furnishing of all labor, tools, equipment, materials, and performance of required operation to provide a complete item in accordance with the project plans and these specifications. Related Sections: 1. Salvage and Demolition Section 02220 2. Aggregate Base Course Section 02710 3. Asphalt Concrete Paving Section 02740 B. Applicable Additional Specifications. “Orange Book” Sections 308 – Aggregate Base Course, 302 – Subgrade Preparation, and 200 – Aggregates. PART 2 – PRODUCTS 2.1 SALVAGE A. The pulverized bituminous pavement and existing aggregate base blend shall meet Orange Book Specifications for Type 2 Recycled Base (on-site) for gradation, per Section 200.01.04. 2.2 EQUIPMENT A. The machine utilized to pulverize the bituminous pavement shall have the following capabilities: 1. Power operated. 2. Capable of pulverizing in-place bituminous materials as it is propelled along the roadway. 3. Control dust and particulate matter created by the grinding action. 4. Control depth of cut. 5. Variable speed to produce the desired results. PART 3 – EXECUTION 3.1 PULVERIZING OPERATION A. The bituminous material pulverized by the operation will be used within the project or off hauled according to the construction documents. The Owner may provide a disposal site upon negotiations with Contractor. B. Pulverize pavement through the entire specified depth (6 inches minimum) of bituminous and aggregate. C. Establish and maintain grade control as required Min Cross Slope). ---PAGE BREAK--- Technical Specifications Section 02232 - Page 2 of 2 D. Manholes, water valve boxes, sewer cleanouts, water meter pits, and other utilities damaged by the Contractor’s operations shall be repaired and/or replaced at the Contractors expense. E. Contractor shall be responsible for the proper removal and disposal of excess material from the site END SECTION - 02232 ---PAGE BREAK--- Technical Specifications Section 02280 - Page 1 of 2 SECTION 02280 – UTILITY GRADE ADJUSTMENTS PART 1 – GENERAL 1.1 SUMMARY A. Section Includes: The adjustment of utility boxes and manholes to grade. The work covered shall include the furnishing of all labor, tools, equipment, materials, and performance of required operation to provide a complete item in accordance with the project plans and these specifications. B. Related Sections 1. Aggregate Base Course Section 02710 2. Asphalt Concrete Paving Section 02740 C. Applicable Additional Specifications. “Orange Book” Section 323 – Adjustment of New and Existing Manholes, Catch Basins, Vaults, Water and Gas Valves, and Monuments to Final Grade. D. Submittals 1. Manhole grade rings 2. Manhole lid frame extensions PART 2 – PRODUCTS 2.1 MATERIALS/EQUIPMENT A. Manhole Extensions 1. Manhole frames and/or lids shall be adjusted to finish grade with material similar in character to those in the original structure or of equal quality. Replacement manhole frames and lids as determined prior to the beginning of construction will be provided by the owner. B. Water Valve Boxes 1. Existing water valve boxes shall be replaced in accordance with the detail on the Drawings. The Town of Minden will furnish replacement valve boxes to the CONTRACTOR for replacement of the existing damaged valve boxes. C. Survey Monuments Wells 1. Existing survey monument wells shall be raised to finish grade using existing monument wells. ---PAGE BREAK--- Technical Specifications Section 02280 - Page 2 of 2 PART 3 – EXECUTION 3.1 ADJUSTING UTILITY CASTINGS TO GRADE A. This Section includes the following work consisting of adjusting existing sanitary sewer manhole, water valve and survey monument well castings to finish grade. 1. The CONTRACTOR is responsible to show damaged utility castings to the ENGINEER prior to construction activities. The utility will furnish replacement castings to the CONTRACTOR. Therefore, any damaged casings at the end of the project will be considered to be damaged during construction and the CONTRACTOR must replace at his expense. 2. Manhole frames and covers shall be raised to finish grade in accordance with the detail on the Drawings. 3. If the total height of the grade rings (maximum of three) on a manhole is 12-inches or greater when the frame is raised to finish grade, additional grade rings may not be added to bring the frame and cover to finish grade. Either a new barrel section must be added or an extension ring must be set on the existing frame to adjust the cover to finish grade. In the event a barrel section must be added, and no other alternative is available, such work will be paid for as extra work on a time and material basis. 4. Water valve boxes, survey monument wells, sanitary sewer clean outs, and water meter pits shall be adjusted to finish grade as detailed on the drawings. 5. The CONTRACTOR shall be responsible for referencing all utility manholes, survey monument wells, water valve boxes, sanitary sewer clean outs, and water meter pits prior to resurfacing for relocating after the overlay. 6. New manhole grade rings, barrel sections, and lid frames shall be grouted in place. 7. Survey monument pins shall not be disturbed during construction. If it is anticipated that the pins are to be removed or disturbed in any way the CONTRACTOR shall survey the monuments prior to construction activities. Monuments shall be replaced and verified after construction. All survey work to tie out and replace pins shall be performed by a registered land surveyor. Initial and final survey data shall be supplied to the ENGINEER prior to acceptance of the survey monuments. END SECTION – 02280 ---PAGE BREAK--- Technical Specifications Section 02710 - Page 1 of 3 SECTION 02710 – AGGREGATE BASE COURSE PART 1 – GENERAL 1.1 DESCRIPTION A. Description of Work. The work to be performed in accordance with this Section includes furnishing, placing, and compacting an aggregate base course to plan grades and cross sections. This work shall include the furnishing of all labor, tools, equipment, materials and performing all operations required to provide a complete item in accordance with the Project Plans and Specifications. B. Related Sections 1. Asphalt Concrete Paving Section 02740 2. Cast-In-Place Concrete Section 03300 C. Applicable Additional Specifications. “Orange Book” Sections 308 – Aggregate Base Course and 302 – Subgrade Preparation. 1.2 QUALITY ASSURANCE A. Reference Test Standards and Specifications. The “Orange Book” forms a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. Compliance sampling and testing during construction will be provided by the OWNER per Section 336.00. B. Frequency of Testing 1. Maximum Dry Density and Optimum Moisture Content, ASTM 1557. a. CONTRACTOR shall provide documentation that one test for each different class or type of material has been performed, and b. CONTRACTOR shall have one test performed when previous test is suspect, due to subtle changes in the material, as determined by the ENGINEER. 2. Density of Soil In-Place by Sand Cone or by Nuclear Methods, ASTM D1556 or D2922 by OWNER. a. The ENGINEER requests a minimum of one test per 500 linear feet of embankment or fill. b. The ENGINEER may test more frequently. C. Testing Tolerances 1. Percent Compaction. Not less than as specified on Plans, these Specifications, or the ---PAGE BREAK--- Technical Specifications Section 02710 - Page 2 of 3 2. In-Place Moisture Content. As required to achieve minimum compaction. 3. Soft or Yielding Surfaces. Regardless of the percent compaction obtained by test, areas which are soft and yield under the load of construction equipment are to be removed and replaced at no additional cost. 1.3 SUBMITTALS A. Materials Test Report. Report on maximum dry density, optimum moisture content, gradation, and R-value prior to beginning of construction. PART 2 – MATERIALS 2.1 AGGREGATE BASE A. Aggregate Base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm stable base. Aggregate shall conform to the grading and quality requirements found in Section 200.01.03 Type 2, Class B Aggregate Base. PART 3 – EXECUTION 3.1 PRELIMINARY INVESTIGATION OF THE WORK A. The CONTRACTOR is to satisfy himself/herself that all preliminary work including, but not limited to, clearing, grubbing, subgrade preparation and staking has been performed in accordance with these Specifications prior to subgrade preparation. 3.2 AGGREGATE BASE PREPARATIONS A. All work shall conform to the following subsections of SECTION 308 – AGGREGATE BASE COURSE, of the B. During moisture conditioning of the base material take care so as not to damage the subgrade below. CONTRACTOR shall be responsible for over-watering of grade during operations. ---PAGE BREAK--- Technical Specifications Section 02710 - Page 3 of 3 C. Deficiencies. Remove and replace deficiencies prior to placement of the pavement. Deficiencies in the base course, covered by asphalt paving or concrete will be removed and replaced at no additional cost to the OWNER. D. Aggregate base shall be placed to the thickness shown on the drawings. END SECTION – 02710 ---PAGE BREAK--- Technical Specifications Section 02740 - Page 1 of 3 SECTION 02740 – ASPHALT CONCRETE PAVING PART 1 – GENERAL 1.1 SUMMARY A. Section Includes: Furnishing and placement of asphalt concrete pavements. This Section covers all AC pavement work, including overlays, reconstruction, and patching of AC surfaces. The work covered shall include the furnishing of all labor, tools, equipment, materials, and performing all required operations to provide a complete item in accordance with the project plans and these specifications. B. Related Sections 1. Aggregate Base Course Section 02710 2. Salvage and Demolition Section 02220 3. Pulverizing Section 02221 C. Applicable Additional Specifications. “Orange Book” Sections 320 – Plantmix Bituminous Pavement”. 1.2 QUALITY ASSURANCE Compliance sampling and testing during construction will be provided by the OWNER per Section 336.00. 1.3 SUBMITTALS A. Mix Designs 1. Testing Laboratory 2. Location and source of aggregate 3. Supplier, grade of asphalt cement 4. Individual and combined aggregate gradations 5. Job mix formula 6. Aggregate and design mix results and soil analysis 7. Complete set of calculations B. Materials Test Report 1. Coarse Aggregate 2. Fine Aggregate C. Certificates of Compliance 1. Mineral Filler 2. Asphalt Cement D. Crack Sealant ---PAGE BREAK--- Technical Specifications Section 02740 - Page 2 of 3 PART 2 – PRODUCTS 2.1 ASPHALT A. Aggregates. [Type 3, Section 200.02.] B. Hydrated Lime. [ASTM D1097.] C. Asphalt Cement. [PG 64-28NV, Section 201.00-5.] D. Plantmix Bituminous Pavement. Section 320.] 2.2 TACK COAT A. [SS-1 or SS-1h, Section 316.] B. The tack coat used to impregnate the pavement reinforcing fabric and bond the fabric to the pavement is typically the same grade asphalt cement as used in the hot mix asphalt concrete. The CONTRACTOR shall follow the special recommendations of the paving fabric manufacturer when an asphalt emulsion is used. The use of cutbacks or emulsions that contain solvents shall not be permitted. 2.3 CRACK SEALANT A. Shall meet ASTM D6690 Type II requirements. B. Cone Penetration - 90 max. Flow - 3mm max. Resilience - 60% min. Bond, -20oF(-29oC), 50% ext. - Pass 3 cycles Asphalt Compatibility - Compatible Recommended Pour Temp. - 380oF(193oC) Safe Heating Temp. - 410oF(210oC) C. Shall be Crafco Roadsaver 221 or approved equal. D. Alternative methods of preparing cracks, other than crack sealing, prior to TruPave/overlay may be acceptable upon review and approval by the ENGINEER. The material needs to be fill the entire depth of the crack to ensure bridging of the asphalt sections. PART 3 – EXECUTION ---PAGE BREAK--- Technical Specifications Section 02740 - Page 3 of 3 3.1 ASPHALT PAVEMENT RECONSTRUCTION A. Asphalt concrete paving shall be placed to the thickness shown on the Drawings. Installation of asphalt pavement and plant operations shall conform to the requirements of Section 320 “Plantmix Bituminous Pavement” of the B. Application of prime coat shall conform to the requirements of Section 315 – “Prime Coat” of the with the use of SC-70 or SC-250. C. Application of tack coat shall conform to the requirements of Section 316 – “Tack Coat” of the 3.2 ASPHALT PAVEMENT OVERLAYS A. Asphalt concrete paving shall be placed to the thickness shown on the Drawings. Installation of asphalt pavement and plant operations shall conform to the requirements of Section 320 “Plantmix Bituminous Pavement” of the B. Application of tack coat shall conform to the requirements of Section 316 – “Tack Coat” of the C. Pavement Reinforcement Fabric/Mat installation per Section 02741. 3.3 CRACK SEALING A. Special care shall be taken to ensure cracks are routed and cleaned prior to crack filling. B. Special care shall be taken to ensure crack filling material is worked into the entire depth of the crack to prevent voids from forming in the bottom of the crack. If a large number of reflective cracks occur within the warranty period and coring shows poor crack filling was conducted the contractor will be responsible for repair of cracking areas to the satisfaction of the Town of Minden. END SECTION – 02740 ---PAGE BREAK--- Technical Specifications Section 02762 - Page 1 of 2 SECTION 02762 – PAVEMENT MARKINGS PART 1 - GENERAL 1.1 SUMMARY A. Section includes the furnishing and placement of pavement markings. This work shall include the furnishing of all labor, tools, equipment, materials, and performing all operations to provide a complete item in accordance with the project plans and these specifications. B. The Town of Minden shall provide road striping unless otherwise specified on the plans and in the bid schedule. C. Related Specifications 1. “Orange Book” Sections 324 – Painting, Pavement Striping, and Marking and 214 – Paint. 2. NDOT Standard Specifications for Road and Bridge Construction, Section 633 – Pavement Markers. 1.2 SUBMITTALS A. Epoxy for setting fire hydrant markers. B. Paint to be used for pavement markings. PART 2 – PRODUCTS 2.1 MATERIALS A. Reflective pavement markers shall conform to the requirements of Section 633.02.02, “Reflective Pavement Markers”, of the Nevada Department of Transportation, Standard Specifications for Road and Bridge Construction. B. Epoxy for setting fire hydrant markers shall conform to the requirements of Section 728.03.04, “Rapid Set Epoxy Adhesive for Pavement Markers”, or 728.03.05, “Standard Set Epoxy Adhesive for Pavement Markers”, of the Nevada Department of Transportation, Standard Specifications for Road and Bridge Construction. C. Paint used for pavement marking shall be alkyd-resin type, ready-mixed, complying with AASHTO M-248, Type N. D. Glass beads shall comply with AASHTO M-247, Type I, moisture resistant with flotation properties. ---PAGE BREAK--- Technical Specifications Section 02762 - Page 2 of 2 PART 3 – EXECUTION 3.1 WEATHER LIMITATIONS A. Paint shall be applied in accordance with the requirements of Section 324.03.01, “Weather Limitations”, of the 3.2 CONSTRUCTION A. Hydrant markings shall conform to the requirements of Section 324.04, “Pavement Striping and Markings”, of the and as detailed on the plans. B. Surface preparation prior to application of markings shall conform to the requirements of Section 324.05, “Pavement Striping and Markings”, of the C. Application of markings shall conform to the requirements of Section 324.07, “Pavement Striping and Markings”, of the D. Reflective material for pavement markings shall conform to the requirements of Section 324.07, “Pavement Striping and Markings”, of the E. CONTRACTOR shall adhere to the application recommendations of the manufacturer whose materials are used. Apply pavement paint and film with mechanical equipment to produce pavement markings of dimensions indicated with uniform, straight edges. Care shall be taken during the application to prevent splattering of adjacent pavement or structures. The CONTRACTOR shall clean splattered areas. END SECTION – 02762 ---PAGE BREAK--- Technical Specifications Section 03300 - Page 1 of 9 SECTION 03300 – CONCRETE PART 1 - GENERAL 1.1 DESCRIPTION A. This Section covers all the work necessary for the cast-in-place non- reinforced and reinforced concrete work including, but not limited to: furnishing the materials; proportioning, mixing, transporting, placing, compacting, finishing, curing, and protecting the concrete; setting and fastening embedded items; and all incidental and related work. The CONTRACTOR shall provide all laboratory and field testing of concrete and materials in accordance with this Specification. B. Related Sections 1. Aggregate Base Section 02710 C. Applicable Additional Specifications. “Orange Book” Sections 312 – Concrete Curbs, Gutters, Walks, Driveways, and Alley Returns. 1.2 QUALITY ASSURANCE A. Compliance sampling and testing during construction will be provided by the OWNER per Section 336.00. B. Testing The OWNER shall provide testing to determine compliance with the following criteria: 1. Consistency Tested for slump in accordance with ASTM C143. 2. Air Content Determine the percentage of air in accordance with ASTM C231. 3. Strength All poured-in-place concrete shall develop a minimum 28-day compressive strength of 4,000 pounds per square inch (PSI) unless otherwise indicated. Take samples for this strength determination at the point of discharge from the ready-mix truck. Obtain a minimum of four test cylinders for each fifty (50) cubic yards of concrete placed or fraction thereof. Test one cylinder at 7 days, and two cylinders at 28 days. Hold the fourth cylinder until the Notice of Completion is given. In the event that the 28-day test fails, the required minimum strength requirement, test the fourth cylinder for compressive strength when directed by the ENGINEER. The ENGINEER may waive concrete cylinder testing requirements for pours less than ten (10) C.Y. for non-structural installations (thrust blocks, etc.). Making and curing the test cylinders shall conform to ASTM C131, and testing shall ---PAGE BREAK--- Technical Specifications Section 03300 - Page 2 of 9 conform to ASTM C39. Furnish two copies of all test reports to the ENGINEER. 4. Water Test Water test gutters having a slope of 0.8 foot per hundred feet or less, or where unusual or special conditions cast doubt on the capability of the gutters to drain. Establish flow in the length of gutter to be tested by supplying water from a hydrant, tank truck or other source. One hour after the supply of water is shut off, inspect the gutter for evidence of ponding or improper shape. In the event water is found ponded in the gutter to a depth greater than 1/2 inch, or on the adjacent asphalt pavement, the defect or defects shall be corrected in a manner acceptable to the ENGINEER at no additional cost. C. Tolerances 1. Tolerances for Formed Surfaces Conform to ACI 301, Table 4.3.1, and Section 312.10 “Finishing” of the 2. Concrete Quality Meet or exceed the minimum quality standards as specified. a. Slump. The measured slump shall not exceed the specified design slump by more or less than one inch (1 b. Air Content. The measured air content shall range between 4 and 7 percent. c. Compressive Strength - Normal Concrete. The average of the two 28-day compressive strength tests shall not be less than 4,000 PSI. No individual test shall be less than 3,800 PSI. D. Acceptance Plastic or hardened concrete not meeting acceptable tolerances will be rejected and immediately removed and replaced at the CONTRACTOR's expense. 1.3 SUBMITTALS A. The following submittals are required in accordance with Section 01340, “Submittals”. Certificates of Compliance 1. Admixtures 2. Cement 3. Fly Ash 4. Pozzolan 5. Water Stop 6. Reinforcing Steel, or Mesh 7. Fiber Reinforcement ---PAGE BREAK--- Technical Specifications Section 03300 - Page 3 of 9 B. Materials Test Reports 1. Coarse Aggregates 2. Fine Aggregates C. Evaporation Retardant D. Mix Designs 1. Section 202. ACI 211 normal weight concrete, including variations for admixtures. Include compressive strength test date and modulus of rupture test data. Obtained at the same concrete age which establishes a correlation between the flexural and compressive strength properties of concrete. Establish correlation with statistical procedures outlined by ACI. PART 2 - PRODUCTS 2.1 CONCRETE. Provide a minimum 28-day comprehensive strength of 4,000 PSI with entrained air ranging from 4 to 7 percent unless otherwise indicated. Use 3/4” inch maximum coarse aggregate, size 67. Provide minimum cement content of 517 pounds per cubic yard. Provide concrete with the minimum required slump to adequately place, densify, and finish. Do not exceed the mix design water cement ratio (W/C) or design slump. Per “Orange Book” concrete in freeze/thaw environments shall have a maximum slump of Min. slump shall be greater than Fibers shall be included in the mix design. 2.2 CEMENT. Conform to ASTM C150, Type II or V. 2.3 WATER. Use clear water free from objectionable quantities of organic matter, alkali, acids, oil, silt, and other deleterious substances. Maximum water/cement ratio shall be 0.45. 2.4 AGGREGATES. A. Coarse Aggregate. Conform to the requirements of ASTM C33, Class Designation 4S, grading size number 67. B. Fine Aggregate. Conform to ASTM C33. 2.5 ADMIXTURES. A. Air Entraining Agent. Comply with ASTM C260. ---PAGE BREAK--- Technical Specifications Section 03300 - Page 4 of 9 B. Accelerating Agents. Comply with ASTM D98. C. Water Reducing Agents. Conform to ASTM C494, Type A, D, or E. D. Fly Ash and Pozzolan. Comply with ASTM C618, Class N or F. Pozzolan may be used to replace up to 15 percent of the weight of the required Portland cement. The replacement ration shall be 1.2 pounds of Pozzolan per pound of Portland cement. 2.6 CURING COMPOUND The curing compound shall be transparent and not leave an objectionable discoloration or mottling of the concrete. [Per NDOT 702.03.01]. 2.7 STEEL REINFORCEMENT Conform to the requirements of ASTM A615, Grade 60, unless otherwise specified, and deformations shall conform to ASTM A615, A616, or A617 as applicable. All bars shall be round and deformed. Welded wire fabric or mesh shall conform to the requirements of ASTM A185. 2.8 FORMS Forms shall be constructed of plywood or an approved equal. Plywood for forms shall be of the grade necessary to provide a neat concrete exterior. Forms shall be of the quality and strength required so that the finished concrete will conform to the plan dimensions. Forms shall be watertight and be filleted at all exposed outside corners. Form clamps or bolts shall be used. Use of tie wire to hold forms in place will not be permitted. Plywood form panels shall be placed in four foot widths and eight foot where applicable. All form panels shall be placed in a neat symmetrical pattern. 2.9 NON-SHRINK GROUT Use non-shrink grout where grout is called for on the Drawings. Provide 3,000 PSI non-metallic grout similar to “Embeco” manufactured by Master Builders Company, or an approved equal, and proportioned and placed in accordance with the manufacturer's recommendations. ---PAGE BREAK--- Technical Specifications Section 03300 - Page 5 of 9 2.10 CURING MATERIALS Provide liquid curing compound in conformance with ASTM C309, type 1 D. 2.11 JOINT FILLERS Comply with ASTM D1751. 2.12 EVAPORATION RETARDENT Con-film or approved equal. ACI 302. 2.13 FIBER REINFORCEMENT Comply with ASTM C1116, Type III, Shall be 100% virgin polypropylene fibrillated, MD Graded, fibers containing no reprocessed olefin materials and specifically manufactured to an optimum gradation for use as a concrete secondary reinforcement, and shall be Fibermesh, or other approved material. Application rate shall be a maximum of 1.5 lbs per cubic yard. The 28-day compressive strength of the mix, prior to adding the fibers, shall meet the required strength. PART 3 - EXECUTION 3.1 GENERAL A. Match existing concrete where noted. B. Sawcut and remove existing concrete to the lines indicated on the plan in accordance with Section 02220, Demolition and Salvage. Sawcut, remove and replace sections damaged by construction in accordance with these specifications. 3.2 BASE PREPARATION A. Subgrade shall be prepared in accordance with Section 02710, Aggregate Base Course. B. CONTRACTOR shall verify, and provide as necessary, a minimum base section for the replacement of existing curb & gutter and valley gutter sections. ---PAGE BREAK--- Technical Specifications Section 03300 - Page 6 of 9 3.3 FORM CONSTRUCTION/REMOVAL A. Unless otherwise approved, use conventional forms to construct concrete curb, gutter, sidewalk and drives. Secure formwork to line and grade. Thoroughly clean forms before each use and apply a light coat of release agent which will not discolor the concrete. B. Do not remove front face form before the concrete has taken in initial set and has sufficient strength to carry its own weight. Do not remove gutter forms or rear forms until concrete has reached sufficient strength to prevent damage. Sawcut, remove and replace damaged sections. C. Where concrete is adjacent to asphalt paving, the Contractor may be required to sawcut the paving two feet from the joint, remove existing paving and install patch paving. 3.4 STEEL REINFORCEMENT A. Storage Store steel reinforcement on blocking and under cover to prevent rusting. B. Cleaning Remove all rust, oil, earth, and coatings before positioning the metal reinforcement. Reinspect and clean the reinforcement immediately before placing the concrete. C. Straightening and Rebending Do not straighten or rebend metal reinforcement in a manner that will injure the material. Remove bars from the job site, which do not have kinks or bends conforming to the Drawings. 3.5 MEASURING, MIXING, TRANSPORTATION AND PLACING CONCRETE A. Measure and mix concrete in accordance with ASTM C94. Additional water may be added to bring slump within the required limits provided the design water to cement ratio is not exceeded. B. Transportation Transport concrete in accordance with ACI 301. C. Placing Concrete Place concrete in conformance with ACI 301, except as modified herein. Do not exceed a free vertical drop of 6 feet from the point of discharge. ---PAGE BREAK--- Technical Specifications Section 03300 - Page 7 of 9 The maximum allowable concrete temperature at the time of discharge shall be 90°F. The maximum allowable concrete age, measured from batch time to time of discharge, shall not exceed one hour 30 minutes. Exceeding the maximum allowable concrete age, temperature, or slump shall be cause for immediate rejection. The minimum revolutions on a batch prior to placement is 30 to 70 revolutions and the maximum is 300 revolutions. Provide 30 revolutions after the addition of water. Retempering the mix after initial slump adjustment will not be allowed. D. Machine Formed. Machines shall be designed specifically for such work and approved by the ENGINEER. Machines shall be capable of producing results equal to or better than that produced with forms. If the results are not satisfactory to the ENGINEER, discontinue the use of the machine and make necessary repairs at no additional cost to the Agency. All applicable requirements of construction with forms shall apply to the use of machines. E. Densification. Thoroughly spade concrete away from the forms so there will be no rock pockets next to the forms. The concrete may be compacted by mechanical vibrators approved by the ENGINEER. Tamp or vibrate the concrete until the mortar rises to the surface and the coarse aggregate is not exposed. F. Cold Weather Except with authorization, do not place concrete when the ambient temperature is below 40 degrees F or when the concrete is likely to be subjected to freezing temperatures within 24 hours. Cold weather concreting shall follow the recommended practices of ACI 3068, as approved by the ENGINEER. G. Hot Weather Hot weather concreting shall follow the recommended practices of ACI 3058, as approved by the ENGINEER. 3.6 BACKFILLING A. Concrete curb and gutter shall be backfilled no earlier than four days after concrete placement. Backfill all curb and gutter as shown on the Contract Drawings and prior to constructing tie-in paving. 3.7 FINISHING A. Finish all concrete surfaces smooth, straight and defect free. Provide a light broom finish as approved by the ENGINEER on all surfaces. Finish all exposed edges and joints with a 1/2 inch radius tool. ---PAGE BREAK--- Technical Specifications Section 03300 - Page 8 of 9 B. Evaporation Retardant: Protect against loss of moisture from the surface of the concrete by applying an evaporation retardant. Apply per manufacturer’s recommendation. Add during finish of concrete. CONTRACTOR is not permitted to use water in the finishing of the concrete. 3.8 CONCRETE CURING A. A curing agent shall be applied to each section as it is finished. B. Inadvertently Cured Surfaces: Thoroughly clean inadvertently cured concrete by sandblasting prior to finishing or placing adjacent concrete. C. No equipment causing jarring of the concrete shall be permitted adjacent to concrete curbs, gutters, valley gutters, or driveways until the 4th day following placement of the concrete. The placement of bituminous pavement adjacent to concrete curbs, gutters, valley gutters, or driveways shall not be permitted until the 7th day following the placement of the concrete. 3.9 JOINTS A. Expansion Joints. Construct expansion joints in a straight line and vertical plane perpendicular to the longitudinal line, of the sidewalk or curb and gutter, except in cases of curved alignment, when joints will be constructed along the radial lines of the curve. Construct to the full depth and width of the concrete. Match the joints in the adjacent pavement sidewalk or curb and gutter. Expansion joints shall be constructed at intervals not to exceed 40 feet when curb is hand formed, at all radius points, driveways, alley entrances, and adjoining structures. Sidewalk expansion joints shall be placed per Orange Book Standards. B. Contraction Joints. Construct in a straight line and vertical plane perpendicular to the longitudinal line of the sidewalk or curb and gutter, except in cases of curved alignment when joints will be constructed along the radial lines of the curb. Construct to a depth of one inch and at ten (10) foot intervals on side walk widths of five feet and twelve (12) foot intervals on sidewalks of four feet, five feet, or six feet, matching the width of the sidewalk, or as otherwise noted on the plans. C. Edges. Shape with a suitable tool so formed as to round the edges to the radius indicated. D. Sidewalks. Sidewalks shall have a cross-slope of 1/4 inch per foot or as indicated on the Plans. Unless specified otherwise in the plans, the minimum thickness for concrete walk shall be four inches. 3.10 DRAINAGE OUTLETS ---PAGE BREAK--- Technical Specifications Section 03300 - Page 9 of 9 A. The CONTRACTOR shall provide suitable outlets in accordance with Section 312.05 (Drainage Outlets). 3.11 TEMPORARY ACCESS A. Access to driveways/roadways/alleys shall be maintained prior to and after placing concrete curb, gutter, valley gutters, sidewalks, and driveways. Steel plates may be used over valley gutters or driveway sections that are poured to allow for temporary access and must remain in place a minimum 7 days following the placement of concrete. Temporary access shall be maintained until restorations are complete. 3.12 DELIVERY TICKETS A. Provide a delivery ticket to the inspector for every load of concrete delivered to the job site. Include the following on the delivery ticket: date, batch time, mix I.D. number, specified strength, air content, job name, water content, and amount of concrete. The tickets are to have the actual batch weights of all aggregates, cement, water, admixtures, and batch plant moisture correction for aggregates. Provide allowance for drum moisture from previous batches. Include the reading of the truck revolution counter at the time of batching. END SECTION – 03300 ---PAGE BREAK--- EXHIBIT D Additional Technical Specifications Exhibit D – Additional Technical Specifications ---PAGE BREAK--- ---PAGE BREAK--- TREE PROTECTION 31 13 16 Tree Protection Minden Town Page 1 of 4 Seeman Ranch Dog Park Project DOCUMENT 31 13 16 TREE PROTECTION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the protection and trimming of trees that interfere with, or are affected by, execution of the Work, whether temporary or new construction. B. Related Sections include the following: 1. Division 1 Section "Summary of Work" for limits placed on Contractor's use of the site. 2. Division 31 Section "Site Clearing" 3. Division 32 Section “Landscape Planting” 1.3 SUBMITTALS A. Product Data: For each type of product indicated. B. Qualification Data: For firms and persons specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. C. Certification: From a qualified arborist that trees indicated to remain have been protected during construction according to recognized standards and those trees were and properly treated and repaired when damaged. D. Maintenance Recommendations: From a qualified arborist for care and protection of trees affected by construction during and after completing the Work. 1.4 QUALITY ASSURANCE A. Tree Service Qualifications: An experienced tree service firm that has successfully completed tree protection and trimming work similar to that required for this Project and that will assign an experienced, qualified arborist to Project site on a full-time basis during execution of the Work. B. Arborist Qualifications: An arborist certified by the International Society of Arboriculture or licensed in the jurisdiction where Project is located. C. Tree Pruning Standards: Comply with ANSI A300, "Trees, Shrubs, and Other Woody Plant Maintenance--Standard Practices," unless more stringent requirements are indicated. ---PAGE BREAK--- Tree Protection Minden Town Page 2 of 4 Seeman Ranch Dog Park Project D. Preinstallation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section "Project Meetings." 1. Before starting tree protection and trimming, meet with representatives of authorities having jurisdiction, Owner, Architect, consultants, and other concerned entities. Review tree protection and trimming procedures and responsibilities. Notify participants at least three working days before convening conference. Record discussions and agreements and furnish a copy to each participant. PART 2 - PRODUCTS 2.1 MATERIALS A. Drainage Fill: Selected crushed stone, or crushed or uncrushed gravel, washed, ASTM D 448, Size 24, with 90 to 100 percent passing a 2-1/2-inch (63-mm) sieve and not more than 10 percent passing a 3/4-inch (19-mm) sieve. B. Topsoil: Fertile, friable, surface soil, containing natural loam and complying with Division 2 Section “Soil Preparation and Fine Grading” for Soils. C. Filter Fabric: Manufacturer's standard, nonwoven, pervious, geotextile fabric of polypropylene, nylon, or polyester fibers. D. Chain Link Fence: Metallic-coated steel chain link fence fabric, 0.120-inch- (3-mm-) diameter wire size; 48 inches (1200 mm) high, minimum; line posts, 1.9 inches (48 mm) in diameter; terminal and corner posts, 2-3/8 inches (60 mm) in diameter; top rail, 1-5/8 inches (41 mm) in diameter; bottom tension wire, 0.177 inch (4.5 mm) in diameter; with tie wires, hog ring ties, and other accessories for a complete fence system. PART 3 - EXECUTION 3.1 PREPARATION A. Temporary Fencing: Install temporary fencing located as indicated or outside the drip line of trees within or adjacent to the limit of work line, to protect remaining vegetation from construction damage. 1. Install chain link fence according to ASTM F 567 and manufacturer's written instructions. B. Protect tree root systems from damage due to noxious materials caused by runoff or spillage while mixing, placing, or storing construction materials. Protect root systems from flooding, eroding, or excessive wetting caused by dewatering operations. C. Do not store construction materials, debris, or excavated material within the drip line of remaining trees. Do not permit vehicles or foot traffic within the drip line; prevent soil compaction over root systems. D. Do not allow fires under or adjacent to remaining trees or other plants. ---PAGE BREAK--- TREE PROTECTION 31 13 16 Tree Protection Minden Town Page 3 of 4 Seeman Ranch Dog Park Project 3.2 EXCAVATION A. Install shoring or other protective support systems to minimize sloping or benching of excavations. B. Do not excavate within drip line of trees, unless otherwise indicated. C. Where excavation for new construction is required within drip line of trees, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks and comb soil to expose roots. 1. Relocate roots in backfill areas where possible. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and relocate them without breaking. If encountered immediately adjacent to location of new construction and relocation is not practical, cut roots approximately 3 inches (75 mm) back from new construction. 2. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. D. Where utility trenches are required within drip line of trees, tunnel under or around roots by drilling, auger boring, pipe jacking, or digging by hand. 1. Root Pruning: Do not cut main lateral roots or taproots; cut only smaller roots that interfere with installation of utilities. Cut roots with sharp pruning instruments; do not break or chop. 3.3 REGRADING A. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade beyond drip line of trees. Maintain existing grades within drip line of trees. B. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by qualified arborist, unless otherwise indicated. 1. Root Pruning: Prune tree roots exposed during grade lowering. Do not cut main lateral roots or taproots; cut only smaller roots. Cut roots with sharp pruning instruments; do not break or chop. C. Minor Fill: Where existing grade is 6 inches (150 mm) or less below elevation of finish grade, fill with topsoil. Place topsoil in a single uncompacted layer and hand grade to required finish elevations. D. Moderate Fill: Where existing grade is more than 6 inches (150 mm), but less than 12 inches (300 mm), below elevation of finish grade, place drainage fill, filter fabric, and topsoil on existing grade as follows: 1. Carefully place drainage fill against tree trunk approximately 2 inches (50 mm) above elevation of finish grade and extend not less than 18 inches (450 mm) from tree trunk on all sides. For balance of area within drip-line perimeter, place drainage fill up to 6 inches (150 mm) below elevation of grade. 2. Place filter fabric with edges overlapping 6 inches (150 mm) minimum. ---PAGE BREAK--- Tree Protection Minden Town Page 4 of 4 Seeman Ranch Dog Park Project 3. Place fill layer of topsoil to finish grade. Do not compact drainage fill or topsoil. Hand grade to required finish elevations. 3.4 TREE PRUNING A. Prune remaining trees affected by temporary and new construction. B. Prune remaining trees to compensate for root loss caused by damaging or cutting root system. Provide subsequent maintenance during Contract period as recommended by qualified arborist. C. Pruning Standards: Prune trees according to ANSI A300 as follows: 1. Type of Pruning: Crown cleaning. 2. Type of Pruning: Crown thinning. 3. Type of Pruning: Crown raising. 4. Type of Pruning: Crown reduction. 5. Type of Pruning: Vista pruning. 6. Type of Pruning: Crown restoration. D. Cut branches with sharp pruning instruments; do not break or chop. E. Chip branches removed from trees. 3.5 TREE REPAIR AND REPLACEMENT A. repair trees damaged by construction operations within 24 hours. Treat damaged trunks, limbs, and roots according to written instructions of the qualified arborist. B. Remove and replace dead and damaged trees that the qualified arborist determines to be incapable of restoring to a normal growth pattern. 1. Provide new trees of the same size and species as those being replaced; plant and maintain as specified in Division 2 Section "Landscaping." 2. Provide new trees of 6-inch (150-mm) caliper size and of a species selected by Owner’s Representative when trees more than 6 inches (150 mm) in caliper size, measured 12 inches (300 mm) above grade, are required to be replaced. C. Aerate surface soil, compacted during construction, 10 feet (3 m) beyond drip line and no closer than 36 inches (900 mm) to tree trunk. Drill 2-inch- (50-mm-) diameter holes a minimum of 12 inches (300 mm) deep at 24 inches (600 mm) o.c. Backfill holes with an equal mix of augered soil and sand. 3.6 DISPOSAL OF WASTE MATERIALS A. Burning is not permitted. B. Disposal: Remove excess excavated material, displaced trees, and excess chips from Owner's property. END OF DOCUMENT ---PAGE BREAK--- TOPSOIL STRIPPING AND STOCKPILING 31 14 13 Topsoil Stripping and Stockpiling Minden Town Page 1 of 2 Seeman Ranch Dog Park Project DOCUMENT 31 14 13 TOPSOIL STRIPPING AND STOCKPILING PART 1 - GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall perform all the landscaping and all appurtenant work, complete, in accordance with the requirements of the Contract Documents. B. Scope of Work: The work shall consist of stripping and stockpiling existing topsoil in accordance with the applicable specifications. C. The Section cross references the following sections: 1. Division 01 Section “Tree Protection” 2. Division 31 Section “Erosion and Sedimentation Control” 3. Division 32 Section “Soil Preparation” 4. Division 32 Section “Landscape Planting” 1.2 PROTECTION A. Protect existing trees, utilities, pavement, and structures which are designated to remain in place. The CONTRACTOR shall replace items it has damaged or which has been damaged by its employees or subcontractors. B. Protect the topsoil stockpiles from contamination by other excavated material, aggregates, weeds and building debris, compaction, and erosion. C. Removal of topsoil from the site is not permitted. PART 2 - PRODUCTS 2.1 GENERAL A. Provide weed control measures as necessary to stockpiled topsoil to eliminate the presence of weeds. Weed control measures for stockpiled may include application of herbicide and/or weed control fabric, sowing of sterile cover crop grasses (temporary seeding). B. Install and maintain proper Storm Water Pollution Prevention Best Management Practices BMP) to stockpiled topsoil. PART 3 - EXECUTION 3.1 GENERAL A. It shall be the responsibility of the CONTRACTOR to avail itself of any information regarding utilities which are in the area of work and to prevent damage to the same. The CONTRACTOR shall provide protection to the utilities as necessary. ---PAGE BREAK--- TOPSOIL STRIPPING AND STOCKPILING 31 14 13 Topsoil Stripping and Stockpiling Minden Town Page 2 of 2 Seeman Ranch Dog Park Project B. Do not handle topsoil while in wet or frozen condition or in any manner in which soil structure is adversely affected. 3.2 TOPSOIL STRIPPING A. Waste materials in areas designated for topsoil stripping such as weeds, rocks (1 inches and larger) building materials, rubble, wires, scrap iron, logs, abandoned utilities, cans, glass, lumber, sticks, and all other debris shall be removed from the site and disposed of. Weeds shall be dug out by the roots. B. Strip topsoil to depths as indicated on the plans or as directed by the Project Manager after area has been cleared of brush/weeds and grasses, and removed from site. 3.3 SUBGRADE SCARIFICATION A. After removal of waste materials and stripping of topsoil, the exposed subgrade shall be ripped or rototilled to a depth of 6 inches. 3.4 TOPSOIL STOCKPILING A. Stockpile in locations as approved by the Project Manager. Select a stockpile location to avoid slopes and natural drainageways, and to avoid traffic routes. B. Provide weed control measures as necessary to stockpiled topsoil to eliminate the presence of weeds. Weed control measures for stockpiled may include application of herbicide and/or weed control fabric, sowing of sterile cover crop grasses (temporary seeding). C. Install and maintain proper Storm Water Pollution Prevention Best Management Practices BMP) to stockpiled topsoil. D. Dispose of unused stockpiled topsoil at offsite location at completion of landscape work. END OF DOCUMENT ---PAGE BREAK--- SITE FURNISHINGS 32 31 20 Site Furnishings Minden Town Page 1 of 3 Seeman Ranch Dog Park Project DOCUMENT 32 31 20 SITE FURNISHINGS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following site furnishings: 1. Gabion Retaining Wall - Fill (Contractor Furnished & Installed) 2. Gabion Retaining Wall - Baskets (Contractor Furnished & Installed) 3. Shade Structure (Contractor Furnished & Installed) 4. Bench (Contractor Furnished & Installed) 5. Removable Bollard (Contractor Furnished & Installed) 6. Bike Rack (Contractor Furnished & Installed) 7. Court Sign (Contractor Furnished & Installed) 8. Trash Receptacle (Contractor Furnished & Installed) 9. Picnic Table and Concrete Pad (Contractor Furnished & Installed) 1.3 QUALITY ASSURANCE A. Product Delivery, Storage and Handling: 1. Store products in a manner which will preclude damage. Damaged materials will be rejected. Remove all damaged material from the job site immediately, and replace at no cost to the Owner. 2. Furnish suitable equipment to locate all site furnishing materials carefully and efficiently. Lift materials using lifting inserts provided by manufacturer where applicable. PART 2 - PRODUCTS 2.1 GENERAL A. Gabion Retaining Wall – Fill (Contractor Furnished & Installed) 1. Product Information per Plans B. Gabion Retaining Wall – Baskets (Contractor Furnished & Installed) 1. Product Information per Plans C. Shade Structure (Contractor Furnished & Installed) 1. Product Information per Plans D. Bench(Contractor Furnished & Installed) 1. Product Information per Plans ---PAGE BREAK--- SITE FURNISHINGS 32 31 20 Site Furnishings Minden Town Page 2 of 3 Seeman Ranch Dog Park Project E. Removable Bollard (Contractor Furnished & Installed) 1. Product Information per Plans F. Bike Rack (Contractor Furnished & Installed) 1. Product Information per Plans G. Court Sign (Contractor Furnished & Installed) 1. Product Information per Plans H. Trash Receptacle (Contractor Furnished & Installed) 1. Product Information per Plans I. Picnic Table and Concrete Pad (Contractor Furnished & Installed) 1. Product Information per Plans PART 3 - EXECUTION 3.1 EXAMINATION A. Do not install site furnishings prior to acceptance by Owner of area to receive such materials. B. Examine area and conditions for compliance with requirements for correct and level finished grade, mounting surfaces, installation tolerances, and other conditions affecting performance. C. Verify drawing dimensions with actual field conditions. D. Report to the Owner all conditions which prevent proper execution of this work or that are different from those shown. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Comply with manufacturer’s written installation instructions, unless more stringent requirements are indicated on Drawings. B. All metal inserts, anchor slots, anchors, anchor bolts, fastenings, and other fastening devices, for attachment of site improvement items to concrete and masonry, shall be stainless steel. C. Contractor shall be responsible for the correct location of site improvement items. Free-standing site improvement items shall be set plumb and horizontal regardless of the pitch of the finished surrounding grade unless otherwise shown on Drawings. 3.3 GUARANTEE A. Contractor shall pay for repairs of any damage to any part of the project, or caused by defects in his work and for any repair to the materials or equipment caused by replacement. Complete all repairs to the satisfaction of the Project Manager. ---PAGE BREAK--- SITE FURNISHINGS 32 31 20 Site Furnishings Minden Town Page 3 of 3 Seeman Ranch Dog Park Project B. Replace any part of the work installed under this contract requiring excessive maintenance. Work of this nature will be considered defective. Replace at no cost to the Owner upon notification during the one-year guarantee period. 3.4 CLEANING A. Keep all areas of work clean, neat and orderly at all times. B. Clean up and remove all debris from the work area to satisfaction of Owner prior to Final Acceptance. END OF DOCUMENT ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 1 of 12 Seeman Ranch Dog Park Project DOCUMENT 32 80 00 LANDSCAPE IRRIGATION SYSTEMS PART 1 GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall construct and tie the automatic irrigation system into an existing irrigation system, complete and operable, in accordance with the requirements of the Contract Documents. B. Said irrigation system shall include but not be limited to all pipes, fittings, irrigation heads, valves, automatic control valves, valve boxes, direct burial wires, electrical connections, wiring and other appurtenances, piping, connections, testing, cleaning-up, maintenance and adjustments necessary for a complete operating system, ready for immediate use upon completion. Minor items necessary for proper construction and functional operation of this system, not specifically described in the Contract Documents, shall be included as a part of the work of this Section. C. The Section cross references the following sections: 1. Division 1 Section “Product Requirements” 2. Division 1 Section “Execution Requirements” 3. Division 1 Section “Quality Requirements” 4. Division 1 Section “Unit Price Measurement” 5. Division 32 Section “Landscape Planting” 1.2 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Commercial Standards. ASTM B 3 Specification for Soft or Annealed Copper Wire ASTM D2564 Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 1.3 CONTRACTOR SUBMITTALS A. Manufacturer's literature, samples (where requested by the LANDSCAPE ARCHITECT, HERE IN REFERRED TO AS and installation instructions shall be submitted in accordance with Section 01 30 00, "Administrative Requirements”. B. Record drawings, showing locations of all valves, pipes (lines), heads, dimensions, controllers, control lines, and electrical wires shall be submitted prior to final inspection. C. Controller literature, specifications, installation wiring diagram, and circuit breaker information shall be submitted to the L.A. for review prior to ordering. D. Equipment for Operation: The CONTRACTOR shall provide the following equipment, as indicated on Drawings. E. A reduced copy of the irrigation plans shall be laminated and mounted in the controller. ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 2 of 12 Seeman Ranch Dog Park Project F. Certificate of Training from the IPS factory representative for all workers who will engage in handling, assembling and gluing of PVC pipe on Project site authorizing said workers to prime and glue PVC pipe. (Contact Bill Godwin, G & S Sales, [PHONE REDACTED]). G. Certificate of Training from Paige Wire factory representative for all workers who will engage in the handling and installation of buried power wire, remote control valve wire, wire connectors, controllers and grounding equipment authorizing said worker to install wire, wire connectors and grounding equipment on Project site. (Contact Vince Nolletti, Vice President Irrigation Operations, Paige Electric Co., LP, [PHONE REDACTED]). Submit proof of certification. 1.4 QUALITY ASSURANCE A. In addition to other inspections, as provided by the L.A. and or OWNER, the CONTRACTOR shall give at least 72 hours notice to the L.A. for scheduling the following special inspections: 1. Layout of the system 2. Inspection of trenches, backfilling, and equipment. 3. Pressure tests 4. Coverage adjustment 5. Automatic operation B. The CONTRACTOR shall notify the L.A. at least 72 hours prior to performing the tests. All tests shall be performed in the presence of the L.A. Test requirements shall be as follows: 1. After assembly and installation, all water pipes, fittings, automatic equipment, and appurtenances shall be tested at a hydrostatic pressure of 150 psi at the lowest point of the system for not less than 60 minutes. 2. The first test shall be made in such a manner that all valves in the new water pipe irrigation lines will be tested for watertight closure. Valves may be tested in groups or singly while subjected to 150 psi water pressure for a period of not less than 60 minutes. 3. The second test shall be made by forcing all air from the pipes with water and capping or plugging pipe risers. After the pipe risers have been plugged or capped, all line valves shall be fully opened and the pipe lines subjected to the full static water pressure for a period of not less than 120 minutes. Pressure pipelines 150 PSI). 4. The third test required that lateral lines be tested at 100 psi for 120 minutes. 5. The fourth test requires that all pressure lines be tested at 120 psi for 24 hours. 6. Water lines and valves which show evidence of leakage or fail to be watertight shall be repaired or replaced. After all repairs or replacements have been made, the above- required tests shall be performed again. 7. When the irrigation system is completed, the CONTRACTOR, in the presence of the L.A., shall perform test coverage of water afforded the lawn and planting areas. The CONTRACTOR shall furnish all material and perform all work required to correct any inadequacies of coverage disclosed. The CONTRACTOR shall inform the L.A. of any deviation from the Drawings required due to wind, planting, soil, or site conditions that ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 3 of 12 Seeman Ranch Dog Park Project bear on proper coverage. 8. Upon completion of each phase of the work, the CONTRACTOR shall check and adjust each irrigation head to meet the site requirements and the requirements of the Contract Documents. 1.5 INSTRUCTION A. The CONTRACTOR shall, upon completion of the maintenance period of the irrigation instruct the OWNER and the OWNER'S personnel as to the proper operation and maintenance of the system. 1.6 EXISTING UTILITIES AND CONDITIONS A. Prior to cutting into the soil, the CONTRACTOR shall locate all cables, conduits, sewers, septic tanks, and other such underground utilities, and shall take proper precautions not to damage or disturb such improvements. If a conflict exists between such obstacles and the proposed work, the CONTRACTOR shall notify the L.A. B. The CONTRACTOR shall be responsible for coordinating its work with the operation of existing utilities and new utilities on the Project. The CONTRACTOR shall notify the L.A. or its representative when utilities which are in operation require shut-off. C. Due to the scale of Drawings, it is not possible to indicate all offset, fittings, etc., which may be required. The CONTRACTOR shall carefully investigate the structural and finished conditions affecting all its work, and plan its work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. The Contract Documents are generally diagrammatic and indicative of the work to be installed. The work shall be installed in the most direct and workmanlike manner, so that conflicts between irrigation systems, planting, structures, piping, and etc. will be avoided. D. The CONTRACTOR shall verify the water pressure available at the site before installation of the system to make sure there is adequate pressure (design pressure 30 psi) to properly operate irrigation heads and valves, and shall also provide pressure reducing valves if required before commencement of any work. Minor additions and adjustments of heads, piping, and circuits shall be made at no additional cost to OWNER where it is necessary to make the irrigation system operate properly. 1.7 STORAGE OF MATERIALS A. The CONTRACTOR shall be responsible for storage of materials and for damage to the WORK covered by these Contract Documents before final acceptance of its work. The CONTRACTOR shall securely cover openings into the system, and shall cover all apparatus, equipment, and appliances both before and after being set in place to prevent obstruction in the pipes and the breakage, misuse, or disfigurement of said apparatus, equipment, or appliances. 1.8 SCHEDULING AND COORDINATION A. The CONTRACTOR shall be responsible for making arrangements for the coordination of its construction operations with those of all others on the job. The CONTRACTOR shall permit ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 4 of 12 Seeman Ranch Dog Park Project others engaged in work to accomplish their portion of the WORK without undue interference or delay. B. The CONTRACTOR shall be responsible for the scheduling and coordination of the electrical and water connections and the installation of the piping and equipment in a manner that will effect the earliest completion of the WORK in conformance with the construction progress schedules. 1.9 GUARANTEE/WARRANTY OF THE IRRIGATION SYSTEM A. The CONTRACTOR shall guarantee the complete irrigation system to be free from leaks or breakage due to defective material or workmanship for a period of one year from the date of acceptance of the complete work by the OWNER. Damage due to sabotage and/or vandalism is specifically accepted from this guarantee. B. Other items of the required guarantee shall be as specified in the Section 32 93 00, “Landscaping” C. The CONTRACTOR shall repair any settling of backfilling trenches occurring during a one year period after final acceptance without expense to the OWNER including complete restoration of all damaged planting, paving, or other improvements of any kind. D. The CONTRACTOR shall provide winterization of the irrigation system during the one year guarantee period. E. When defective material or workmanship is discovered which will require repair or replacement, all such repair work or replacement work shall be done by the CONTRACTOR at its own expense within 24 hours after written notification is given to the CONTRACTOR by the OWNER of such required repairs. However, if the CONTRACTOR fails to comply with the requirements of the above guarantee within the 24 hours after notification is given, the OWNER shall proceed to have the repairs made by others at the CONTRACTOR'S expense. PART 2 PRODUCTS 2.1 GENERAL A. Brand names specified for materials are supplied for the purpose of describing the type, size, quality, and performance of materials in the Irrigation Schedule. The CONTRACTOR may propose other manufacturers and models, as substitutions for those other than indicated in the Irrigation Schedule, if the materials are of equal quality and performance to the L.A. for review in accordance with Section 01 30 00, "Administrative Requirements” Any proposed irrigation equipment submitted by the contractor for approval as proposed substitution shall hydraulically match the originally specified equipment in the Drawings (i.e. flow rate, precipitation rate, friction loss, etc.) B. The CONTRACTOR shall furnish, at no additional charge, all samples necessary for testing as outlined in the Specifications or, when requested, certified evidence of off-site testing. C. Equipment compatibility: automatic controllers and automatic (remote) control valves shall be products of the same manufacturing company. ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 5 of 12 Seeman Ranch Dog Park Project 2.2 PLASTIC PIPE AND FITTINGS A. Pipe shall be continuously and permanently marked with the following information: manufacturer's name, nominal pipe size, PVC type, pressure rating, and extrusion date. B. All plastic pipes for lateral lines shall be PVC (polyvinyl chloride) SDR 21, Schedule 40, NSF approved. C. Materials for pressure main lines shall be PVC (polyvinyl chloride) SDR 21, Schedule 40, NSF approved, or galvanized steel pipe. D. All fittings shall be PVC (polyvinyl chloride) Schedule 40, Type II, NSF, and Schedule 80 mainline fitting up to valve on mainline as called for in the Contract Documents except inside valve vaults where all fitting shall be galvanized, see Drawings. E. Swing joint ells and nipples shall be Schedule 80 PVC or galvanized as noted on Drawings. 2.3 VALVES A. Gate valve shall be as indicated on the drawings or approved equal. B. Isolation valves for valve manifolds shall be brass ball valves shall be as indicated on the drawings or approved equal. Isolation valve shall be used at all valve manifolds and isolation points. C. Remote Control Valves: Remote control valves for the irrigation system shall conform to the following requirements: 1. Control valves shall be plastic, for 24-volt electrically controlled solenoids for operation. They shall be of heavy duty plastic construction with cross or slotted type wheel for operation with key, and bleed fitting. 2. Control valves shall be by the same manufacturer as the controller. 3. Remote control valves shall be as indicated on the drawings or approved equal. D. Manual Drain Valve shall be as indicated on the drawings or approved equal. 2.5 IRRIGATION HEADS E. Irrigation heads shall be as indicated on the drawings or approved equal. 2.6 CONTROL WIRING A. Control wire shall be Standard PE Direct Burial Copper Wire, Type UF Bearing, UL approved for direct underground burial in National Electrical Code Class II circuits, AWG sizes. ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 6 of 12 Seeman Ranch Dog Park Project B. Conductor of electrical conductivity shall be grade copper meeting requirement of ASTM B 3. C. All splices shall be made with wire connectors, such as manufactured by Rain Bird, Scotch Lock, 3M DBY or approved equal. 2.7 PVC SOLVENT CEMENT AND PRIMERS A. Solvent Cement shall be NSF approved and shall meet requirements of ASTM D 2564. B. Primer shall be NSF approved and shall be Weld-On, P-70 Industrial Polychemical Service or approved equal. 2.8 VALVE BOXES A. Boxes for irrigation equipment located in shrub beds shall be heavy duty plastic Rain Bird, Carson-Brooks, complete or approved equal or as indicated on the Drawings. See drawings for locations where plastic valve boxes are located. Heavy duty plastic boxes and lids shall MATCH surrounding ground or rock mulch material color. Use Tan Valve Box in shrub beds and Green in Turf Areas. 2.11 OTHER MATERIALS A. Other materials required or necessary shall be as shown and/or as required for best quality work. PART 3 EXECUTION 3.1 GENERAL A. Installation of the irrigation system shall be performed after the finish grading, but prior to landscaping. B. All valves, fittings, heads, and piping shall be installed as indicated on the Drawings and all connections made to permit the irrigation system to function properly through its entire length. C. All materials and equipment shall be installed in strict accordance with manufacturer's written instructions and recommendations and all local and state codes, laws, ordinances, and regulations. D. Before proceeding with the installation of any section or unit of the irrigation system, the CONTRACTOR shall check and verify the correlation between ground measurements and Drawings and shall advise the L.A. of any discrepancies. E. The total number of irrigation heads and circuits and size of pipes shall be not less than shown unless otherwise approved. The stated maximum spacing for each type of irrigation head shall not be exceeded. 3.2 EXCAVATION ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 7 of 12 Seeman Ranch Dog Park Project A. Trenches shall be dug as wide and as deep as necessary to properly install the irrigation pipe. B. Pipe trenches shall be straight, or "snaked" allowing for expansion and contraction of PVC pipe. C. Subsoil shall be kept separate from topsoil, where possible. D. Minimum cover depth shall be as follows: 1. Supply pressure lines from water source to control valves: 24 to 30 inches unless otherwise indicated on the Drawings. 2. Lateral lines from control valves to irrigation heads; 8 and 16 inches unless otherwise indicated on the Drawings. Lateral lines under paving, roadways, and driveways shall have 18 inches of cover and located in Schedule 40 PVC sleeves. 3. Trenches for control wire only shall be 24 to 30 inches deep unless otherwise indicated on the Drawings. Control wires under concrete walks and slabs, paving, roadways, and driveways shall be installed in Schedule 40 PVC sleeves. E. A trench of sufficient width shall be provided to allow for proper tamping around pipe. 3.3 PIPING-GENERAL A. Piping shall be laid out and installed in accordance with manufacturer's printed recommendations and industry standards. Substantial support shall be provided at all points, and pipes shall be snaked allowing for expansion and contraction. B. Minimum 1-inch vertical clearance shall be between lines crossing at angles greater than 45 degrees. C. Minimum 3 inches horizontal and vertical clearances shall be between all other lines. D. All swing or swivel joints shall provide a leak-resistant joint with freedom of movement. E. Teflon thread sealant 3/4-inch wide (tape or liquid), or approved equal shall be used at all threaded joints. F. Pipe sleeves shall be provided under all paving and where necessary for passage under finish surface material, future replacement, and for protection of PVC piping and control wire. 3.4 PLASTIC PIPE A. The pipe shall be guaranteed by the manufacturer to be suitable for operation under the conditions of this installation and shall be guaranteed free from defects in workmanship and quality. B. The pipe shall be connected by O-ring type or by solvent-weld joints as outlined below. Joints shall be made in strict accordance with the manufacturer's printed recommendation. ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 8 of 12 Seeman Ranch Dog Park Project C. The plastic pipe sections shall be placed accurately to line and grade in the prepared trenches. The inside of all pipe shall be clean and free from foreign matter and shall be end-reamed to remove burrs and provide full inside diameter of the nine end. D. Pipe assembly shall have a firm, uniform bearing for the entire length of each pipeline to prevent uneven settlement. All adjustments to grade shall be made by scraping away or filling in with clean earth backfill material, well compacted under the body of the pipe. Wedging of pipe will not be permitted. The inside of all pipes shall be clean and free from foreign materials before joints are assembled. E. Sealant tape shall be used on all threaded joints. F. All pipeline open ends upon which the WORK has been stopped shall be closed at the end of each day's construction work with a suitable temporary plug to prevent entrance of any foreign materials into the assembled pipeline. G. Pressure pipe shall be defined as all piping lying "upstream" from remote control valves and quick-coupling lines. H. O-Ring type flexible coupling pipe shall be used on pressure pipes 4-inch diameter and larger. I. Three inch and smaller mainlines and fittings of pressure piping shall be solvent-weld type. J. Pressure piping 3-inch and larger shall be provided with Portland cement concrete thrust blocks. Thrust blocks shall be constructed at the following places: 1. Where pipe changes direction at fittings. 2. Where pipe changes size. 3. Where line terminates. K. Thrust blocks shall be constructed of 2000 psi concrete, as noted on Drawings and details. L. The thrust block areas noted on the details table shall be measured in a place perpendicular to the longitudinal axis of the pipe or to the longitudinal axis of the thrust developed. The thrust block bearing area shall be against undisturbed around. M. Compression fitting (compression by compression slip joint PVC) shall be provided on mainline at 250 on center for expansion and contraction of mainline on straight runs on solvent welded pipe. 3.5 VALVES A. Piping systems shall be supplied with valves at all points as indicated on the Drawings or specified herein so arranged to give complete regulating control throughout. Automatic control valves and gate valves, shall be as detailed in the Contract Documents or as otherwise directed by the L.A.. ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 9 of 12 Seeman Ranch Dog Park Project B. Valves shall be the full size of the line in which they are installed, unless otherwise indicated on the Drawings. C. Remote control valves shall be adjusted so the most remote irrigation heads operate at the pressure recommended by the head manufacturer. Remote control valves shall be adjusted so a uniform distribution of water is applied by the irrigation heads to the planting areas for each individual valve system. A union fitting shall be provided on the discharge side of the control valve. They shall be wired to operate in the order as shown. They shall be capable of being operated manually entirely independent of the controller. D. Gate Valves shall be installed as indicated on the Drawings. E. Isolation valves shall be installed as indicated on the Drawings. F. Manual Drain valves shall be installed as indicated on the Drawings. 3.6 VALVE BOXES A. Install per manufacturer instructions. 3.7 IRRIGATION HEADS A. All nozzles on irrigations shall be tightened after installation. All irrigations having an adjustment stem shall be adjusted on a lateral line for the proper radius diameter and/or flow B. All irrigation heads shall be set perpendicular to finished grades and at finish ground level. C. All irrigation heads shall be installed as detailed on the Drawings. D. The irrigation system shall be thoroughly flushed remove all possible foreign material prior to installation of the irrigation heads. E. The CONTRACTOR shall protect against re-entry of contaminated water into risers or piping. After flushing, the CONTRACTOR shall immediately install irrigation heads or cap risers until irrigation heads are installed. 3.8 CONTROLLER A. The CONTRACTOR shall re-connect all proposed and existing valves to existing controller on site as indicated on the Drawings. B. Adjustment of the controller shall be such that each control valve in the circuit will remain open for a readily adjustable period of 5 or less minutes to 60 minutes. Readily made field adjustments shall include a provision whereby any number of days in a week can be skipped and whereby one or more positions on the controller may be skipped. When any or all of the above adjustments have been made, the controller shall continue to operate automatically as set until further adjustments are made. Provision shall be made for conveniently resetting the start of the irrigation cycle at any time and also for advancing from one position to any other position at will. ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 10 of 12 Seeman Ranch Dog Park Project C. Timing, sequence and period will be supplied to the CONTRACTOR by the L.A.. At this time, the CONTRACTOR shall adjust the controller for normal operation. 3.9 WIRING AND ELECTRICAL WORK A. All electrical equipment and wiring shall comply with local and state codes and shall be installed by those skilled and licensed in the trade. Unless the governing codes specify otherwise, low voltage control wire may be installed by the CONTRACTOR when code allows. B. The CONTRACTOR shall provide low voltage, 24-volt direct burial wires. Wire size shall be as shown but shall be not less than No. 14. Where sizes are not shown, they shall be sized per wire manufacturer's sizing charts and specifications. C. The CONTRACTOR shall provide all wiring, conduits, sleeves, and connection for the low voltage electrical system between controller and valves, and where else shown and necessary for a complete and operable irrigation system. D. Wires shall be color coded as follows: 1. Each automatic control valve shall be provided with a separate control wire running from the valve to the proper station on the controller that is controlling the valve. All control valves operated by one controller shall have common ground wire running from the control valves to controller. All wire to be direct burial P.E. and UL approved. E. All splices shall be moisture proof using specified electrical connectors. F. An expansion curl should be provided within 3 ft of each wire connection and at pull box locations. Provide three feet of extra wire in each valve box. G. All conduits and sleeves necessary for running wires under concrete, walks, and paving shall be furnished and installed before said concrete, walks, and paving work is installed. H. Wire shall be continuous without splices except at control valves, and shall be routed in main line trench whenever possible. I. All wire under paving shall be encased in PVC pipe; changes in direction under paving shall be made with sweep ells. 3.10 PIPE TRENCH BACKFILL A. After pipe and wires have been installed, the trenches shall be backfilled. The backfill operation must provide a firm continuous support for the pipe. B. Backfill material shall be free of rocks and other materials that may damage the piping. C. Bottom of trenches shall be smooth and free of sharp rocks and other object that may damage pipe. D. The initial backfill shall be accomplished by carefully tamping selected material (from material excavated from the trench) under the pipe and between the pipe and the trench. ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 11 of 12 Seeman Ranch Dog Park Project E. The pipes shall be filled with water and pressurized during backfilling operations if necessary, to prevent drainage to piping. F. The backfill shall be carefully installed around and over the pipe to approximately 10 inches of the ground surface, then water shall be allowed to flow in the trench. After this puddling operation has been completed and allowed to stand for 24 hours, the balance of the materials shall be placed in the trench to the sub-grade line (leaving room for topsoil) Rocks and other materials found in the backfill shall be removed. The backfill shall be compacted carefully and thoroughly. G. Couplings and fittings shall be left exposed until leakage tests have been completed. H. Topsoil shall be installed prior to planting. I. Install detectable warnings tape above mainline as indicated on the Drawings. 3.11 TESTING AND ADJUSTMENTS A. The L.A. shall be notified by the CONTRACTOR prior to performing hydrostatic tests on the irrigation system in place. This test shall be done by the CONTRACTOR in the presence of the L.A.. The test results will be acceptable to the L.A. when no leakage or loss of pressure is evident during the test period. Defects shall be detected and repaired prior to retesting. B. The irrigation heads shall be adjusted and balanced for optimum and uniform coverage without excessive fogging and overthrow on walks, paving, and structures. The height and elevations of risers and irrigation heads shall be adjusted. C. Following adjusting and balancing of the irrigation heads, an operating test of the entire system shall be performed by the CONTRACTOR in the presence of the L.A. at normal operating pressures. The test will be considered as acceptable if the system operates in a satisfactory manner providing uniform coverage of irrigated areas for a one week period of automatic operation with no leaks. 3.12 RECORD DRAWINGS A. The Contractor shall keep, as his work is installed, an accurate record of exact dimensioned locations, grades, elevations, color of hot and spare wires - splice boxes and the size of all underground piping, valves, and drains. Dimensions shall be indicated distances from columns, buildings, curbs, and similar permanent features on the site. This information shall be recorded on a print as the work progresses, but shall be permanently recorded on a reproducible original which shall be given to the Authorized owner’s representative before the project is accepted. B. Record Drawings shall be furnished to the L.A. at the time of the irrigation system inspection and before acceptance of the operating system by the OWNER. ---PAGE BREAK--- LANDSCAPE IRRIGATION SYSTEMS 32 80 00 Landscape Irrigation Systems Minden Town Page 12 of 12 Seeman Ranch Dog Park Project END OF DOCUMENT ---PAGE BREAK--- SOIL PREPARATION 32 91 13 Soil Preparation Minden Town Page 1 of 7 Seeman Ranch Dog Park Project DOCUMENT 32 91 13 SOIL PREPARATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Related Sections include the following: 1. Furnish all material, labor, transportation, equipment and property to complete the soil preparation for all planting areas. Work includes, but is not necessarily limited to, the following items: 2. Division 2 Section "Site Preparation and Demolition" for protection of existing trees and plantings, and site clearing. 3. Division 2 Section "Earthwork" for excavation, filling, and rough grading and for subsurface aggregate drainage and drainage backfill materials. 4. Division 2 Section "Subdrainage" for below-grade drainage of landscaped areas, paved areas, and wall perimeters. 5. Division 32 Section “Lawns and Planting”. 1.3 SUBMITTALS A. At least 30 days prior to ordering materials, the Contractor shall submit to the Project Manager representative samples, certifications, manufacturer’s literature and certified test results for all materials as specified below. No materials shall be ordered or delivered until the required submittals have been reviewed and stamped approved by the Project Manager. Delivered materials shall match the approved samples. B. Approval shall not constitute final acceptance. The Project Manager reserves the right to reject, on or after delivery, any material that does not meet these Specifications. C. List of submittals required. 1. Agricultural Soil Analysis Testing Results for Topsoil 2. Literature on Fertilizers and additives 3. Sample of topsoil and soil analysis testing results a. Two separate samples from locations shown on Landscape Soil Preparation Plan – L-S100 4. Sample of compost and testing results 5. Sample Utelite Fines and product data. ---PAGE BREAK--- SOIL PREPARATION 32 91 13 Soil Preparation Minden Town Page 2 of 7 Seeman Ranch Dog Park Project 1.4 QUALITY ASSURANCE A. The following standards apply to the work of this Section: 1. AOAC: Association of Official Agricultural Chemists. 2. ASA: Methods of Soils Analysis, American Society of Agronomy, Soil Science Society of America, Inc., Madison Wisconsin, latest edition. 3. American Society for Testing and Materials (ASTM). 4. All applicable local codes and regulations. B. It is the intent of this specification that all materials herein specified and shown on the drawings shall be of the highest quality available and meeting the requirements specified. C. The work of this Section shall be performed by a Contracting firm that has successfully installed work of a similar quality, schedule requirement, and construction detailing with a minimum of five years experience. D. All work shall be performed in accordance with the best standards of practice relating to the trade and under the continuous supervision of a competent foreman capable of interpreting the Drawing and Specifications. E. Soil shall not be worked when moisture content is so great that excessive compaction occurs, nor when it is so dry, that dust will form in air or that clods will not break readily. Water shall be applied, if necessary, to provide ideal moisture content for tilling and for planting. F. All accumulated debris and rubbish shall be cleaned up and removed from the site before commencing work. Clear and grub all dead vegetative matter. The site shall be weed free prior to proceeding with any work. G. Soil-Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed. H. Topsoil Analysis: Furnish a soil analysis for each planting soil mix specified in this section by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium absorption ratio; deleterious material; pH; and mineral and plant-nutrient content of topsoil. 1. Report suitability of topsoil for lawn growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce a satisfactory topsoil. PART 2 - PRODUCTS 2.1 TOPSOIL A. Topsoil shall be of uniform quality, free from subsoil stiff or lumpy clay, hard clods, hardpan, rocks, disintegrated debris, plants, roots, seeds, and any other materials that would be toxic or harmful to plant growth. Topsoil shall contain no noxious weeds or noxious weed seeds. ---PAGE BREAK--- SOIL PREPARATION 32 91 13 Soil Preparation Minden Town Page 3 of 7 Seeman Ranch Dog Park Project B. Topsoil shall meet all specifications below for the “Ideal” or “Acceptable” categories. Soil that falls within the “Not-Acceptable” range shall not be used. TOPSOIL QUALITY* Category pH Soluble Salts dS/m or mmho/cm Sodium Ab- sorption Ra- tio (SAR) Organic Matter % Sand % Silt % Clay % Texture Class Ideal 5.5- 7.5 <2 <3 >2.0 <70 <70 <30 Loam Silt Loam (SiL) Acceptable 5.0- 8.2 <4 3 to 7 SiL, SiCL, CL 3 to 10 SCL, SL, L >1.0 <70 <70 <30 Sandy Clay Loam (SCL) Sandy Loam (SL) Clay Loam (CL) Silty Clay Loam (SiCL) Not- Acceptable 0 2 >4 >10 <1.0 >70 >70 >30 Loamy Sand (LS) Sandy Clay (SC) Silty Clay (SiC) Sand Silt Clay COARSE FRAGMENTS* Category mm exceeds guidelines) Rocks Present >1.5" exceeds guide- lines) Ideal 2.0 — Acceptable 2.1-5.0 — Not-Acceptable >5.0 — TOPSOIL NUTRIENT SPECIFICATION* Nitrate Ni- trogen ppm Phosphorus ppm Potassium ppm Iron ppm Ideal / Acceptable >20 >15 >150 >10 *from “Topsoil Quality Guidelines for Landscaping”, June 2002, AG/SO-02, prepared by Rich Koenig, Utah State University Cooperative Extension Soil Specialist, and Von Isaman, QA Consult- ing and Testing, LLC. ---PAGE BREAK--- SOIL PREPARATION 32 91 13 Soil Preparation Minden Town Page 4 of 7 Seeman Ranch Dog Park Project C. Mechanical Analysis shall be performed and shall conform to ANSI/ASTM D 422. QUALITY ASSURANCE. 2.2 COMPOST A. Topsoil shall meet requirements listed above and be amended with compost as indicated on the drawings. B. Compost shall meet all specifications below for either “Ideal” or “Acceptable” categories. Compost that falls within the “Not-Acceptable” range shall not be used. COMPOST QUALITY GUIDELINES FOR LANDSCAPING* pH Soluble Salts dS/m Sodium Ab- sorption Ra- tio (SAR) Car- bon:Nitroge n Ratio Moisture% > 98% Coarse Ma- terial Pass- ing (dry i h b Ideal 6 to 8 <5 <10 <20:1 25 to 35 3/8” Acceptable 5-6, 8-9 <10 <20 21:1 to 30:1 <25, >35 3/4” Not- Acceptable <5.0, >9.0 >10 >20 <10:1, >30:1 <20, >50 <98% 3/4” *Von Isaman MS, Pres. Of QA Consulting and Testing, LLC., Dr. Rich Koenig, Utah State Universi- ty Cooperative Extension Soils Specialist, and Dr. Teresa Cerny, USU Cooperative Extension Horti- culturalist, 3 March 2003. 2.3 UTELITE FINES A. Utelite Fines or approved equal Expanded Shale Manufacturer and Supplier: Utelite Corporation, Scott Jenson, [PHONE REDACTED] PO Box 387, Coalville, UT 84017 2.4 FERTILIZER AND ADDITIVES A. Required fertilizer and additives shall be determined by the Agricultural Soil Analysis. B. Fertilizer shall be furnished in bags or other standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. ---PAGE BREAK--- SOIL PREPARATION 32 91 13 Soil Preparation Minden Town Page 5 of 7 Seeman Ranch Dog Park Project C. Chemical fertilizers shall be a mixed commercial fertilizer conforming to FS O-F-241 D, Type I, with percentages of nitrogen, phosphoric acid, and potash at 5-10-5 and 16-16-8. The combined N-P-K content shall be following percentages of total weight: 5 percent nitrogen 10 percent phosphoric acid and 5 percent potash. Fertilizers shall be uniform in composition, dry, and free flowing. 2.5 SEED TOPSOIL MIX A. The Contractor shall provide Seed Topsoil Mix at depths indicated on the Drawings (Landscape Soil Preparation Plan – L-S100) to complete all planting areas, as specified in this Section and as directed by the Project Manager. 1. 4” depth of Topsoil 2.6 TURF GRASS TOPSOIL MIX A. The Contractor shall provide Turf Grass Topsoil Mix at depths indicated on the Drawings (Landscape Soil Preparation Plan – L-S100) to complete all planting areas, as specified in this Section and as directed by the Project Manager. 1. 4” depth of Topsoil with 3 cu/yds per 1000 square feet 2.7 SHRUB TOPSOIL MIX A. The Contractor shall provide Shrub Topsoil Mix at depths indicated on the Drawings (Landscape Soil Preparation Plan – L-S100) to complete all planting areas, as specified in this Section and as directed by the Project Manager. 1. 12” depth of Topsoil with 6 cu/yds per 1000 square feet 2.8 SPORTS FIELD TOPSOIL MIX A. The Contractor shall provide Sports Field Topsoil Mix at depths indicated on the Drawings (Landscape Soil Preparation Plan – L-S100) to complete all planting areas, as specified in this Section and as directed by the Project Manager. 1. Topsoil: 33% 2. Utelite Fines: 33% 3. Compost: 33%% 2.9 STRUCTURAL SOIL A. Refer to Section 31 21 00. PART 3 - EXECUTION 3.1 TOPSOIL TESTING A. PRIOR to placement of amending of topsoil, an Agricultural Soil Analysis shall be performed for the existing and/or proposed topsoil conditions. Because soil quality varies across the site the contractor is required to collect a minimum of two soil samples to be tested separately. ---PAGE BREAK--- SOIL PREPARATION 32 91 13 Soil Preparation Minden Town Page 6 of 7 Seeman Ranch Dog Park Project Locations of samples shall be as indicated on the drawings. The proposed topsoil shall be amended to meet the requirements of this section and per the Drawings and Specifications. 3.2 SOIL PREPARATION A. Refer to section 31 1413 “Topsoil Stripping” for topsoil stripping, stockpiling, and subgrade scarification requirements. Coordinate with other trades regarding this work. B. The landscape work shall not begin until all other trades have repaired all areas of settlement, erosion, rutting, etc., and the soils have been re-established, re-compacted, and refinished to finish grades. The L.A. shall be notified of all areas which prevent the landscape work from being executed. C. Areas requiring grading by the landscape contractor including adjacent transition areas shall be uniformly level or sloping between finish elevations to within 0.10-ft above or below required finish elevations. D. The landscape work shall not proceed until after walks, curbs, pavings, edging, and irrigation systems are in place. The contract operations shall be completed to a point where the landscape areas will not be disturbed. The subgrade shall be cleaned free of waste materials of all kinds. E. During grading, waste materials in the planting areas such as weeds, rocks (1 inches and larger) building materials, rubble, wires, cans, glass, lumber, sticks, hazardous materials etc., shall be removed from the site. Weeds shall be dug out by the roots. F. Fertilizers, additives, compost, etc. subject to moisture damage shall be kept in a weatherproof storage place in such a manner that they will be kept dry. G. Finish subgrade and amended topsoil placement and grading shall consist of: 1. Prepare subgrade by rough grading and removing all irregularities and debris. Dig subgrade down as required in shrub beds and turf areas for the placement of amended topsoil. Provide laser leveling on large flat areas to create a uniform level subgrade. 2. Landscape contractor is responsible for the last 4 inches of grade in seed mix areas (4 inches of topsoil), 5 inches of grade in sod areas (4 inches of amended topsoil and 1 inch for sod), and 15 inches in shrub bed areas (3 inches of bark mulch and 12" of amended topsoil). Refer to drawings and specs. for amended topsoil requirements for structural soil planters. Planting areas shall have all road base and other debris removed prior to placement of topsoil. Refer to grading plan for finish grade and drainage. Subgrade soil shall be in a loosened and rough surface finish before amended topsoil is placed over subgrade. (Sub-grade surface shall not be smooth, but a rough surface shall exist for a transition zone of amended topsoil to subsoil.) If areas of subgrade become compacted before amended topsoil is placed, subgrade shall be tilled again before amended topsoil placement. 3. Placing all amendments, soil additives and fertilizers for the areas as noted on the plan and per the topsoil report and mixing amendments into topsoil. 4. Adding amendments (compost, & fertilizers) and thoroughly mixing amendments by mechanical means to produce evenly mixed amended topsoil prior to placement topsoil. 5. Till lawn and planting area subsoil’s and topsoil’s that are compacted. ---PAGE BREAK--- SOIL PREPARATION 32 91 13 Soil Preparation Minden Town Page 7 of 7 Seeman Ranch Dog Park Project 6. After tilling or placement of amended topsoil, bring areas to uniform grades by floating and/or hand raking. In large open level areas, perform laser leveling to create uniform level areas. 7. Make minor adjustment of finish grades as directed by the project manager. 8. Remove waste materials over 1" in size such as stones, roots, or other undesirable foreign materials and finish raking, dishing, dragging, and smoothing soil ready for planting. 9. No grading or soil placement shall be undertaken when soils are wet or frozen H. Any unusual subsoil condition that will require special treatment shall be reported to the L.A. I. Amended topsoil shall be uniformly distributed over all areas where required. Subgrade and amended topsoil shall be damp and free from frost. J. Surface drainage shall be provided as shown by molding the surfaces to facilitate the natural run-off of water. Low spots and pockets shall be filled with amended topsoil and graded to drain properly. K. Finish grade for sodded areas shall be 2 inches below finish grade of adjacent pavement. Finish grade (top of bark mulch) shrub bed areas shall be 1 inches below finish grades of adjacent pavement. L. Amended Topsoil shall be backfilled in lifts of no more than six inches Compact each lift by foot tamping to 95% prior to placing next layer of backfill. 3.3 FINE GRADING A. When rough grading, weeding, soil preparation and soil amending have been completed, and soil has been thoroughly water settled, all planting areas should be smoothly graded, ready for placement of plant materials. B. Fine grading shall be done when soil is at optimum moisture content. C. Finish grades shall be smooth, even and on a uniform plane with no abrupt changes of surface. The finish grade shall not vary more than one half inch in ten feet (10’) from the required line, and grade set forth in the Drawings. Adjustments of finish grades shall be made at direction of Project Manager as required. D. Finish grade of mulch in shrub and groundcover areas shall be one inch below paved surfaces, after top-dressed with three inches of bark mulch. Finish grade of soil in all turf areas shall be one inch below all paved surfaces before laying sod. END OF DOCUMENT ---PAGE BREAK--- FINE LANDSCAPE GRADING 32 91 20 Fine Landscape Grading Minden Town Page 1 of 3 Seeman Ranch Dog Park Project DOCUMENT 32 91 20 FINE LANDSCAPE GRADING PART 1 GENERAL 1.1 SECTION INCLUDES A. Landscaping grading requirements. B. Backfill materials. 1.2 SUBMITTALS A. Submit maximum laboratory dry density and optimum laboratory moisture content for: 1. Subgrade material, and 2. Each type of fill to be used. B. Upon PROJECT MANAGER’s request, submit a written quality control Inspections and testing report describing source and field quality control activities performed by CONTRACTOR and its Suppliers. 1.3 QUALITY ASSURANCE A. Do not change material sources, or aggregate without PROJECT MANAGER’s knowledge. B. Reject backfill material that does not comply with requirements specified in this section. C. Landscape grading is aesthetic by nature and subject to continual monitoring and modification during the backfilling process. Work closely with PROJECT MANAGER particularly when grading and construction berms, channels, or other aesthetic considerations. 1.4 STORAGE A. Safely stockpile backfill materials. B. Separate differing materials, prevent mixing, and maintain optimum moisture content of backfill materials. C. Avoid displacement of and injury to Work while compacting or operating equipment. D. Movement of construction machinery over Work at any stage of construction is solely at CONTRACTOR’s risk. 1.5 SITE CONDITIONS A. Do not place, spread, or roll any backfill material over material that is damaged by water. Remove and replace damaged material at no additional cost to OWNER. B. Control traffic and erosion. Keep area free of trash and debris. Repair settled, eroded, and rutted areas. C. Reshape and compact damaged structural section to required density. 1.6 ACCEPTANCE A. Native material may be wasted if there is no additional cost to substitute material acceptable to PROJECT MANAGER. B. For material acceptance refer to. 1. Common fill, Section 31 20 00. 2. Crushed aggregate base, Section 31 20 00. ---PAGE BREAK--- FINE LANDSCAPE GRADING 32 91 20 Fine Landscape Grading Minden Town Page 2 of 3 Seeman Ranch Dog Park Project 3. Cement treated fill, Section 31 20 00. 1.7 WARRANTY A. Any settlement noted in landscaped surfaces will be considered to be caused by improper compaction methods and shall be corrected at no cost to the OWNER. B. Restore incidentals damaged by settlement at no additional cost to OWNER. PART 2 PRODUCTS 2.1 BACKFILL MATERIALS A. Common fill, Section 31 20 00. B. Crushed aggregate base, Section 31 20 00. C. Cement treated fill, Section 31 20 00. 2.2 ACCESSORIES A. Water: Make arrangements for sources of water during construction and make arrangements for delivery of water to site. Comply with local Laws and Regulations at no additional cost to OWNER when securing water from water utility company. PART 3 EXECUTION 3.1 PREPARATION A. Identify required line, levels, contours, and datum. B. Stake and flag locations of underground utilities. C. Upon discovery of unknown utility or concealed conditions, notify PROJECT MANAGER. D. Verify stockpiled fill meets gradation requirements, areas to be backfilled are free of debris, snow, ice or water, and ground surface is not frozen. E. If subgrade is not readily compactable secure written authorization for extra excavation and backfill. Refer to Section 31 20 00. 3.2 PROTECTION A. Protect existing trees, shrubs, lawns, existing structures, fences, roads, sidewalks, paving, curb and gutter and other features. B. Protect above or below grade utilities. Contact utility companies to repair damage to utilities. Pay all cost of repairs. C. Protect Subgrade from desiccation, flooding and freezing. D. Do not fill adjacent to structures until Excavation is checked by PROJECT MANAGER. E. Do not use compaction equipment adjacent to walls or retaining walls that may cause wall to become over-stressed or moved from alignment. F. Do not disturb or damage foundation perimeter drainage, foundation, damp-proofing, foundation waterproofing and protective cover, or utilities in Trenches. G. Restore any damaged structure to its original strength and condition. 3.3 LAYOUT A. Maintain all benchmarks, control monuments and stakes, whether newly established by surveyor or previously existing. Protect from damage and dislocation. ---PAGE BREAK--- FINE LANDSCAPE GRADING 32 91 20 Fine Landscape Grading Minden Town Page 3 of 3 Seeman Ranch Dog Park Project B. If discrepancy is found between Contract Documents and site, PROJECT MANAGER shall make such minor adjustments in the Work as necessary to accomplish the intent of Contract Documents without increasing the Cost of the Work to CONTRACTOR or OWNER. 3.4 GRADING A. Grading Intent: Spot elevations and contours indicated are based on the best available data. The intent is to maintain constant slopes between spot elevations. If a spot elevation is determined to be in error, or the difference in elevation between points change, then the minimum percentage of slope as a result of field adjustment of specific spot elevations is as follows: 1. Pavement Areas: 1 percent. 2. Concrete or Brick Areas: 0.30 percent. 3. Lawn or Planted Area: 0.75 percent. a. Implement laser leveling to produce consistent, uniformly, graded surfaces. B. Conduct Work in an orderly manner. Do not create a nuisance. Do not permit soil accumulation on streets or sidewalks. Do not allow soil to be washed into sewers and storm drains. C. Grade slopes to provide adequate drainage after compaction. Do not create water pockets or ridges. Use all means necessary to prevent erosion of freshly graded areas during construction until surfaces have been constructed and landscaping areas have taken hold. D. Remove surface stones greater than 1 inch from finished grading. E. In planting areas, provide a finished grade that conforms to Section 32 92 00 and Section 32 93 13. 3.6 MODIFIED BACKFILL LAYER METHOD A. Refer to Section 31 20 00. 3.7 COMPACTION A. Compact backfill, Section 31 20 00 3.8 SURFACE RESTORATION A. Restore paved surfaces, 31 20 00 B. Finish landscaped surfaces with grass, Section 32 92 00 or with other native seed, Section 32 93 20. 1. Backfill areas to contours and elevations indicated. Do not use frozen materials. 2. Make smooth changes in grade. Blend slopes into level areas. 3. Remove surplus backfill materials from site. 4. Leave stockpile areas completely free of excess fill materials. 5. Slope grade away from building at a minimum of 3 inches in 10 feet unless specified otherwise. 3.9 CLEANING A. Remove stockpiles from the site. Grade site surface to prevent free standing surface water. B. Leave borrow areas clean and neat. END OF DOCUMENT ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 1 of 13 Seeman Ranch Dog Park Project DOCUMENT 32 93 00 LANDSCAPE PLANTING PART 1 GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall perform all the landscaping and all appurtenant work, complete, in accordance with the requirements of the Contract Documents. B. Scope of Work: Landscaping as referred to herein shall include, but not be limited to the following work: soil preparation, weed control, finish grading, furnishing and installing plant materials, cleanup, maintenance, and guarantee. C. The Section cross references the following sections: 1. Division 1 Section “Product Requirements” 2. Division 1 Section “Execution Requirements” 3. Division 1 Section “Quality Requirements” 4. Division 1 Section “Unit Price Measurement” 5. Division 31 Section “Tree Protection” 6. Division 32 Section “Landscape Edging” 1.2 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Federal Specifications: 1. FS O-F-241 D Fertilizer, Mixed, Commercial B. Commercial Standards: 1. ANSI/ASTM D 422 Method for Particle-Size Analysis of Soils 2. ANSI Z601 Nursery Stock 3. American Association of Rules and Grading Provisions Nurserymen, Inc. 1.3 CONTRACTOR SUBMITTALS A. General: The CONTRACTOR shall furnish a certificate with each delivery or bulk material delivery, stating source, quantity, and type of material. All materials shall conform to specification requirements. All certificates shall be delivered to the LANDSCAPE ARCHITECT (here in referred to as L.A.) at time of each delivery. All bulk delivered materials shall be delivered with level load volume plainly marked on the truck bed. B. Submittals required shall be submitted as specified in Section 01 30 00 – Administrative Requirements: 1. Agricultural Topsoil Report. 2. Literature on Fertilizers and additives based in Topsoil Report. 1.4 QUALITY ASSURANCE ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 2 of 13 Seeman Ranch Dog Park Project A. General: All plants furnished by the CONTRACTOR shall be true to type or name as shown in the Contract Documents and shall be tagged in accordance with the standard practice recommended by the Agricultural Code of the State of Utah; however, determination of plant species or variety will be made by the L.A.. B. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the L.A.. C. All inspections herein specified will be made by the L.A. or its representative. The CONTRACTOR shall request inspection at least 24 hours in advance of the time inspection is required. Inspection will be required on the following stages of the WORK: 1. During preliminary grading, soil preparation, and initial weeding. 2. When shrubs are spotted for planting, but before planting holes have been excavated. 3. When finish grading has been completed. 4. When all specified work, except the maintenance period has been completed. 5. Final inspection at the completion of the guarantee period. D. Plants shall be subject to inspection and approval or rejection by the L.A. at place of growth and upon delivery to the site at any time before or during progress of the WORK and according to: 1. Quantity, quality, size, and variety; 2. Ball and root condition; and 3. Latent defects and injuries resulting from handling, disease, and insects. E. Plants approved at pre-planting inspection shall still be subject to rejection during planting if found to be below Specifications. F. Rejected plants shall be identified in an obvious manner, removed from the site and replaced with acceptable equals. G. Plants shall have been grown in nurseries which have been inspected by the governing authorities. Inspection of plant materials required by City, County, State, or Federal authorities shall be the responsibility of the CONTRACTOR, who shall have secured permits or certificates prior to delivery of plants to site. 1.5 CLEANUP A. Upon completion of all planting operations, the portion of the project site used for a work or storage area by the CONTRACTOR shall be cleaned of all debris, superfluous materials, and equipment. All such materials and equipment shall be entirely removed from the project site as specified in Section 01 70 00 – Execution Requirements. B. All walks or pavement shall be swept or washed clean upon completion of the WORK of this Section. C. During the entire Contract period, plant containers that have been cut or removed from plant materials shall be removed from the project site daily, in accordance with the provisions for maintenance and guarantee as specified in Section 01 70 00 – Execution Requirements ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 3 of 13 Seeman Ranch Dog Park Project 1.6 MAINTENANCE OF LANDSCAPE PLANTING PRIOR TO ACCEPTANCE OF PROJECT A. General: The CONTRACTOR shall be responsible for protecting, watering, and maintaining all planting and irrigation systems until final acceptance of all work under the contract. At time of acceptance of the complete project, the lawn shall be totally established with no bare spots, mowed a minimum of 2 times, and the grass shall be at least 1-1/4 to 2 inches in height. B. Watering: Shrubs shall be thoroughly soaked after planting and provided with additional water at intervals as necessary to provide for good health and growth of the planting. C. Upon completion of lawn sodding, the entire area shall be soaked to saturation by a fine spray. The new planting shall be kept watered by the irrigation system existing on the site during dry weather or whenever necessary for proper establishment of the lawn. Care shall be taken to avoid excessive washing or puddling on the surface and any such damage caused thereby shall be repaired by the CONTRACTOR at its own expense. D. Protection: The CONTRACTOR shall provide adequate protection to all newly planted areas including the installation of approved temporary fences to prevent trespassing and damage, as well as erosion control, until acceptance. E. The CONTRACTOR shall replace any materials or equipment it has damaged or which has been damaged by its employees or subcontractors. F. Partial utilization of the project shall not relieve the CONTRACTOR of any of the requirements contained in the Contract Documents. G. Plants shall be maintained in a vigorous, thriving condition by watering, cultivating, weeding, pruning, spraying, and other operations necessary. Shrubs will be accepted unless they are healthy and show satisfactory foliage conditions. H. All planted areas shall be cultivated at least every 2 weeks and raked smooth, to present a neat appearance and additional mulch shall be added where necessary. I. Maintenance shall include, in addition to the foregoing, cleaning, edging, repairs to stakes, wire, and wrappings, the repair of erosion, and all other necessary work of maintenance. Sidewalks and other paved areas shall be kept clean while planting and maintenance are in progress. J. Any and all irrigation lines broken or disrupted during this construction shall be replaced to proper working order prior to contract work and be acceptable to the OWNER. 1.7 ACCEPTANCE AND GUARANTEE A. Inspection of work of lawns and planting will be made at conclusion of maintenance. B. Written notice requesting inspection shall be submitted to the L.A. at least 10 days prior to the anticipated inspection date. C. Final acceptance of the WORK prior to guarantee period of the contract will be accepted upon written approval by the L.A., on the satisfactory completion of all work, including maintenance, but exclusive of the replacement of plant material. ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 4 of 13 Seeman Ranch Dog Park Project D. Any delay in the completion of any item of work in the planting operation which extends the planting into more than one season shall extend the guarantee in accordance with the date of completion given above. E. The CONTRACTOR shall replace, as soon as weather conditions permit, all dead plants and all plants not in a vigorous, thriving condition which are noted at the end of the one year guarantee period. F. Plants used for replacement shall be of the same size and variety specified in the plant list. Plants shall be furnished, planted, staked, and mulched as specified. G. All work done under this contract shall be left in good order to the satisfaction of the OWNER and the L.A. and the CONTRACTOR shall, without additional expense to the OWNER, replace any shrubs, etc., which develop defects or die during the one-year guarantee period. 1.8 GUARANTEE FOLLOWING ACCEPTANCE OF PROJECT A. General: The CONTRACTOR shall be responsible for a period of one year after date of acceptance of all work under the Contract, for all necessary plant replacements. The CONTRACTOR shall provide a written guarantee to the OWNER from the landscaping subcontractor, embodying the provisions of this Section of the Specifications. B. The WORK covered by the guarantee portions of these specifications consists of providing all replacements of plants, labor, materials, equipment, and supplies and in performing all operations in connection with guarantees. C. The CONTRACTOR shall clean-up and remove unused or waste materials from the site and leave the area in a neat condition (satisfactory to the OWNER) whenever it performs work during the guarantee Period. D. Final Inspection: The OWNER and CONTRACTOR shall make a final inspection at the end of the one-year guarantee period. Any plants and materials found defective at time of final inspection shall be replaced within a time agreed upon by both parties. If it is too late in the planting season for replanting, the replacements shall be made during the next planting season even though such planting may run beyond the maintenance and correction period. PART 2 PRODUCTS 2.1 GENERAL A. All landscaping materials for soil conditioning, weed abatement, or planting shall be first- grade, commercial quality and shall have certificates indicating the source of material, analysis, quantity, or weight attached to each sack or container or provided with each delivery. Delivery certificates shall be given to the L.A. as each shipment of material is delivered. A list of the materials used, together with typical certificates of each material, shall be submitted to the L.A. prior to the final acceptance of the job. 2.2 TERMINOLOGY AND QUALIFICATIONS A. Plants or plant material having characteristics not conforming to terms as defined will not be accepted. The terms "plant material" or "plants" refer to all vegetation, whether trees, shrubs, ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 5 of 13 Seeman Ranch Dog Park Project ground cover, or herbaceous vegetation. B. Quality refers to structure and form, as evidenced by density and number of canes and branches, compactness, symmetry, and general development without consideration of size or condition. Standard quality indicates the least acceptable quality. Plants shall be typical of the species and variety of good average uniform growth, shall be well formed and uniformly branched, and shall have the minimum number of canes specified, free from irregularities, or shall conform to minimum quality index. Where the number of canes is not specifically stated in describing this grade, the standards of the "Horticultural Standards” as adopted by the American Association of Nurserymen, shall apply. In this case, the number of canes and other factors for the appropriate classification under "quality definition" in the Horticultural Standards shall be the Quality index. Plant material below this standard will be considered "culls" and are not acceptable. Plants shall be nursery grown. C. Specimen means an exceptionally heavy, symmetrical, plant, so trained or favored in its development and appearance as to be outstanding, superior in form, number of branches, compactness, and symmetry. D. Size is the factor controlled by dimensions representing height or spread, or both, without consideration of quality or conditions. For standard quality, a dimension is given for height or container size, or a dimension is given for height as well as container size. E. Height is usually indicated with a tolerance. The smaller dimension is the minimum acceptable. The larger dimension represents the maximum permissible. The average dimension of all plants must equal the average of the tolerance figures shown on each item F. Condition is the factor controlled by vitality and ability to survive and thrive and be comparable with normal plants of the same species and variety in the vicinity, at the same season of the year. In addition, plants shall be free from physical damage or adverse conditions that would prevent thriving. Conditions also sometimes refer to state of growth, i.e., whether "dormant condition" or "growing condition" and this state shall be comparable to plants of similar species in the vicinity or leaves, formation of buds, and the like. G. Cane means a primary stem which starts from the ground, or close to the ground, at a point not higher than 1/4 the height of the plant. H. Foliage line is maximum dimension in case of specimen plants. It measures from ground to lowest part of body of plant. I. Collected plants shall not be used. 2.3 TOPSOIL A. Imported topsoil borrow shall be obtained from naturally drained areas and shall be fertile, friable loam suitable for plant growth. Topsoil borrow shall be subject to inspection and approval at the source of supply and upon delivery. B. The topsoil borrow shall be of uniform quality, free from subsoil stiff or lumpy clay, hard clods, hardpan, rocks, disintegrated debris, plants, roots, seeds, and any other materials that would be toxic or harmful to plant growth. Topsoil borrow shall contain no noxious weeds or noxious weed seeds. ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 6 of 13 Seeman Ranch Dog Park Project C. Topsoil borrow shall meet all specifications below for either “Ideal” or “Acceptable” categories. Soil that falls within the “Not-Acceptable” range shall not be used. The contractor shall be responsible for obtaining an Agricultural Topsoil Report from a certified laboratory in determining the suitability of proposed topsoil borrow for inclusion in the project. TOPSOIL QUALITY* COARSE FRAGMENTS* Category mm exceeds guidelines) Rocks Present >1.5" exceeds guidelines) Ideal 2.0 — Acceptable 2.1-5.0 — Not-Acceptable >5.0 — TOPSOIL NUTRIENT SPECIFICATION* *from “Topsoil Quality Guidelines for Landscaping”, June 2002, AG/SO-02, prepared by Rich Koenig, Utah State University Cooperative Extension Soil Specialist, and Von Isaman, QA Consulting and Testing, LLC. D. Mechanical Analysis shall be performed and shall conform to ANSI/ASTM D 422. QUALITY ASSURANCE. Category pH Soluble Salts dS/m or mho/cm Sodium Absorption Ratio (SAR) Organic Matter % Sand % Silt % Clay % Texture Class Ideal 5.5- 7.5 <2 <3 >2.0 <70 <70 <30 Loam Silt Loam (SiL) Acceptable 5.0- 8.2 <4 3 to 7 SiL, SiCL, CL 3 to 10 SCL, SL, L >1.0 <70 <70 <30 Sandy Clay Loam (SCL) Sandy Loam (SL) Clay Loam (CL) Silty Clay Loam (SiCL) Not- Acceptable 0 2 >4 >10 <1.0 >70 >70 >30 Loamy Sand (LS) Sandy Clay (SC) Silty Clay (SiC) Sand Silt Clay Nitrate Nitrogen ppm Phosphorus ppm Potassium ppm Iron ppm Ideal / Acceptable >20 >15 >150 >10 ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 7 of 13 Seeman Ranch Dog Park Project 2.4 FERTILIZER AND ADDITIVES A. Fertilizer and additives shall be determined by the Topsoil Analysis. B. Fertilizer shall be furnished in bags or other standard containers with name, weight, and guaranteed analysis of contents clearly marked thereon. C. Chemical fertilizers shall be a mixed commercial fertilizer conforming to FS O-F-241 D, Type I, with percentages of nitrogen, phosphoric acid, and potash at 5-10-5 and 16-16-8. The combined N-P-K content shall be following percentages of total weight: 5 percent nitrogen 10 percent phosphoric acid and 5 percent potash. Fertilizers shall be uniform in composition, dry, and free flowing. D. Tablets shall be 21 grams each 20-10-5 Agriform, Lesslie, or approved equal. 2.6 PLANT MATERIALS A. Plants shall meet requirements of the Contract Documents and shall be in accordance with the botanical names and applicable standards of quality, size, condition, and type. They shall be true to name, genera, species, and variety in accordance with reference publications. B. Plant names are defined in "Standardized Plant Names" and "Bailey's of Horticulture." When a name is not found in either reference, the accepted name used in the nursery trade shall apply. C. Plants shall be marked for identification. Each bundle of plants and at least 25 percent of each species and variety of separate plants in any one shipment shall have legible labels securely attached before delivery to the site. D. All shrubs shall be measured while their branches are in their normal position. Height and spread dimensions specified refer to the main body of the plant and not from branch or root tip to tip. E. All plants shall be symmetrical and shall conform to the size, age, and condition as specified on the plant list shown in the Contract Documents. Exceptions are as follows: 1. Plants larger than specified in the plant list may be used if approved by the L.A., but use of such plants shall not increase the contract price. If the use of larger plants is approved, the spread of roots or ball earth shall be increased in proportion to the size of the plant. Bare root plants furnished in size greater than specified shall be balled and burlaped when required by the L.A. 2. Where caliper or other dimensions of any plant materials are omitted from the Plant List, it shall be understood that such plant materials shall be normal stock for type F. Plants shall be of sound health, vigorous, and free from plant disease and shall be well-branched, shall have full foliage when in leaf, and shall have a healthy well-developed normal root system. Cold storage plants will not be accepted. Plants that are sensitive to shock from elevation change shall be grown at elevations close enough to site to alleviate any plant damage due to such change for at least 2 years. G. Bare rooted (BR) plants shall have well-developed branch systems and vigorous root systems. They shall be dug to sufficient depth to insure full recovery and development of the ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 8 of 13 Seeman Ranch Dog Park Project plants. Roots of these plants shall be covered with a uniformly thick coating of mud being puddled immediately after they are dug H. Balled and burlaped (BB) plants shall have firm, natural balls of earth, or diameter not less than that specified and of sufficient depth to include all the fibrous and feeding roots. No plant moved with a ball will be accepted if the ball is cracked or broken before or during plant operations, except on special approval of the L.A. I. Roots or balls of all plants shall be adequately protected at all times from sun and drying winds. J. Plants (indicated to be in marked cans, pots, or other containers on the plant list) shall have been grown in the containers for a minimum of 6 months and a maximum of 2 years. Roots shall fill the containers but show no evidence of being or having been root bound. K. Plants shall have been transplanted or root-pruned at least once in the 2 years. Plants shall not be pruned prior to delivery except as authorized by the L.A. 2.7 TURF-GRASS A. Turf-Grass shall be sod. B. The sod shall be nursery grown drought tolerant blend of sod as indicated on Drawings. It shall be uniformly cut approximately 3/4-inch or more thick and shall be well rooted, 2-year old growth of permanent and desirable grasses indigenous to this general location. The sod shall be practically free from weeds and undesirable grasses. PART 3 EXECUTION 3.1 GENERAL A. The landscape work shall not be performed at any time when it may be subject to damage by climatic conditions. B. The CONTRACTOR shall verify all dimensions in the Contract Documents. Dimensions and plant locations shown shall be coordinated with L.A. and final location shall be site-oriented by the planter and L.A.. Any discrepancies or inconsistencies discovered shall be brought to the attention of the L.A.. C. In case of conflict between the plant list totals and total plant count of the Contract Documents, the CONTRACTOR shall provide the higher number of plants. D. Delivery of materials may begin only after samples and tests have been approved by the L.A. All materials furnished for the work shall be not less than the approved sample. E. Substitutions for the indicated plant materials may be permitted pursuant to the Contract Documents. F. The CONTRACTOR shall provide temporary fencing, barricades, covering, or other protections to preserve existing landscaping items indicated to remain and to protect the adjacent properties and other structures when they may be damaged by the landscape work. As indicated on Drawings. ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 9 of 13 Seeman Ranch Dog Park Project G. Waste materials shall be removed and disposed of off the OWNER's property, unless otherwise indicated. H. It shall be the responsibility of the CONTRACTOR to avail itself of any information regarding utilities which are in the area of work and to prevent damage to the same. The CONTRACTOR shall provide protection to the utilities as necessary. I. Burning of combustible materials on the site shall not be permitted. J. The CONTRACTOR shall provide protection to structures, sidewalks, pavements, and other facilities in areas of work which are subject to damage during landscape work. Open excavations shall be provide with barricades and warning lights which conform to the requirements of governing authorities and the State's OSHA safety requirements from dusk to dawn each day and when needed for safety. K. Planting areas include all areas to be landscaped unless, specified or shown, otherwise. 3.2 SOIL PREPARATION A. PRIOR to placement of topsoil and/or amending topsoil, an Agricultural Topsoil Report shall be preformed for the existing site topsoil conditions and if used the imported topsoil. The existing and proposed topsoil shall be amended to meet the above specifications in Section 2.3 Topsoil. B. The landscape work shall not begin until all other trades have repaired all areas of settlement, erosion, rutting, etc., and the soils have been re-established, recompacted, and refinished to finish grades. The L.A. shall be notified of all areas which prevent the landscape work from being executed. C. Areas requiring grading by the landscaper including adjacent transition areas shall be uniformly level or sloping between finish elevations to within 0.10-ft above or below required finish elevations. D. The landscape work shall not proceed until after walks, curbs, pavings, edging, and irrigation systems are in place. The contract operations shall be completed to a point where the landscape areas will not be disturbed. The subgrade shall be cleaned free of waste materials of all kinds. E. During grading waste materials in the planting areas such as weeds, rocks (1 inches and larger) building materials, rubble, wires, cans, glass, lumber, sticks, etc., shall be removed from the site. Weeds shall be dug out by the roots. F. Fertilizers, additives, peat, etc. subject to moisture damage shall be kept in a weatherproof storage place in such a manner that they will be kept dry. G. After removal of waste materials the planting areas subgrade shall be scarified and pulverized to a depth of not less than 6 inches and all surface irregularities below the cover of soil removed. H. Finish subgrade and amended topsoil placement and grading shall consist of: 1. Prepare subgrade by rough grading and removing all irregularities and debris, then till ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 10 of 13 Seeman Ranch Dog Park Project and scarify subsoil to a depth of 6 inches before placing amended topsoil. Dig subgrade down as required in shrub beds and turf areas for the placement of amended topsoil. Provide laser leveling on large flat areas to create a uniform level subgrade. 2. Landscape contractor is responsible for the last 7 inches of grade in turf sod areas (6 inches of topsoil and 1 inch for sod) and 16 inches in shrub bed areas (4 inches of mulch and 12" of amended topsoil). The planting islands in the parking lots shall have all road base removed prior to placement of topsoil. Refer to grading plan for finish grade and drainage. Subgrade soil shall be in a loosened and rough surface finish before amended topsoil is placed over subgrade. (Sub-grade surface shall not be smooth, but a rough surface shall exist for a transition zone of amended topsoil to subsoil.) If areas of subgrade become compacted before amended topsoil is placed, subgrade shall be tilled again before amended topsoil placement. 3. Placing all soil additives and fertilizers for the areas as noted on the plan and per the topsoil report. 4. Till lawn and planting area subsoil’s and topsoils that are compacted. 5. After tilling, bring areas to uniform grades by floating and/or hand raking. In large open level areas, perform laser leveling to create uniform level areas. 6. Make minor adjustment of finish grades as directed by the landscape architect or owner. 7. Remove waste materials over 1" in size such as stones, roots, or other undesirable foreign materials and finish raking, dishing, dragging, and smoothing soil ready for planting. 8. No grading or soil placement shall be undertaken when soils are wet or frozen I. Any unusual subsoil condition that will require special treatment shall be reported to the L.A. J. Amended topsoil shall be uniformly distributed over all areas where required. Subgrade and amended topsoil shall be damp and free from frost. K. Surface drainage shall be provided as shown by molding the surfaces to facilitate the natural run-off of water. Low spots and pockets shall be filled with amended topsoil and graded to drain properly. L. Finish grade for sodded areas shall be 2 inches below finish grade of adjacent pavement. Finish grade (top of bark mulch) shrub bed areas shall be 1 inches below finish grades of adjacent pavement. 3.3 DELIVERY, STORAGE, AND HANDLING OF PLANT MATERIALS A. No plants other than the required samples shall be dug or delivered to the site until the required inspections have been made and the plant samples are approved B. Plants shall not be pruned prior to delivery except upon approval by the L.A.. C. Plant material shall be planted on the day of delivery if possible. The CONTRACTOR shall protect the stock in a temporary nursery at the project site where it shall be protected from sun and drying winds and shall be shaded, kept moist, and protected with damp soil, moss, or other acceptable material. Plants shall be planted within 2 days after delivery. D. All balled and burlapped plants which cannot be planted immediately in delivery shall be set on the ground and shall be well protected with soil, wet moss, or other acceptable material. ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 11 of 13 Seeman Ranch Dog Park Project Bare rooted plants, which cannot be planted immediately, shall be planted on heeled-in trenches immediately upon delivery. No material heeled-in more than one week may be used. Bundles of plants shall be opened and the plants separated before the roots are covered. Care shall be taken to prevent air pockets among the roots. E. During planting operations, bare roots shall be covered with canvas, wet straw, or other suitable materials. No plants shall be bound with wire or rope at any time so as to damage the bark or break branches. F. Plants shall not be picked up or moved by stem or branches, but shall be lifted the ball or container. G. Plants shall be lifted and handled from the bottom of the ball or container. Plants with balls cracked or broken before or during planting operations will not be accepted and shall be immediately removed from the site. 3.4 PLANT LOCATIONS A. The CONTRACTOR shall locate and stake all shrub locations and have the locations approved by the L.A. before starting excavation for same. The plant locations shall be observed, and their locations shall be adjusted as directed by L.A. before final approval. 3.5 PLANT PITS A. Plant pits, centered on location stakes, shall be excavated circular pits with vertical sides and flat or saucer shape bottom in accordance with the following sizes unless shown 1. Shrubs shall be planted in pits or holes of soil the depth of ball below finished grade, or as much deeper as necessary to properly set the plant at finished grade. 3.6 PREPARED BACKFILL A. Shrub pit backfilling soil shall consist of 1/2 existing topsoil borrow from plant pit and 1/2 imported topsoil borrow. B. Shrub pits shall be provided with fertilizer tablets as follows: 1 per one-gallon can plant 3 per 5-gallon can plant 5 per 15-gallon can plant 3.7 ROCKS OR UNDERGROUND OBSTRUCTIONS A. In the event that rock or underground obstructions are encountered in the excavation of plant pits, alternative locations shall be selected by the L.A.. Moving of shrubs to alternative locations shall not entail additional costs to the OWNER. 3.8 SETTING PLANT MATERIALS A. The soil shall not be worked when the moisture content is so great that excessive compaction will occur, nor when it is so dry that a dust will form in the air or that clods will not break readily. Water shall be applied if necessary to provide ideal moisture for filling ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 12 of 13 Seeman Ranch Dog Park Project and for planting as herein specified. B. Plants shall be set in center of pits as shown in the Contract Documents. They shall be set plumb and straight, and at such a level that after settlement that the crown of the plant will be 1 to 2 inches above the finished grade. C. All shrubs and vines shall be pruned to remove damaged branches. All bare root shrubs shall be pruned and shaped to compensate for transplant root loss. D. Planting soil around roots or balls shall be thoroughly compacted and watered. After planting, the soil in the shrub beds shall be cultivated between shrubs, raked smooth, and neatly outlined. Muddy soil shall not be used for backfilling. All broken or frayed roots shall be properly cut off. E. Shrubs on slopes steeper than 6 to 1 shall be provided with watering dams or berms at least 6 inches high and 8 inches wider than planting pit (hole) unless specified or shown otherwise. F. All plant material shall be thoroughly watered immediately after planting. G. Remove all tags and labels when directed by L.A. 3.10 PRUNING AND MULCHING A. Each shrub shall be pruned in accordance with standard horticultural practice to preserve the natural character of the plant in the manner fitting its use in the landscape design. Prune plant material only as approved by the L.A.. B. All dead wood or suckers and all broken or badly bruised branches shall be removed by thinning out and shortening branches. Deciduous bare-rooted plants shall have not less than 1/3 of their respective leaf surfaces removed. All cuts shall be made just above a healthy bud. Pruning shall be done with clean, sharp tools. C. Plants shall be mulched after planting and cultivating have been completed. A layer of mulch materials, as hereinbefore specified, shall be spread on finished landscaping grade within all planting areas to a depth of 4 inches. All shrub and ground cover beds shall be completely covered with the mulch as indicated on the Drawings. 3.11 SODDING A. Turf-Grass shall be sodded. B. Grass sod shall be provided where shown or specified and shall be maintained. C. The soil shall be prepared and fertilized before sodding. The CONTRACTOR shall prepare only enough ground that can be planted within 24 hours thereafter. D. Soil preparation shall consist of the following: 1. Preparation of sub-grade grading shall be per "Part 3 Execution" in Paragraphs entitled "General" and "Soil Preparation," herein. E. Sod shall be cut and laid on site the same day. ---PAGE BREAK--- LANDSCAPE PLANTING 32 93 00 Landscape Planting Minden Town Page 13 of 13 Seeman Ranch Dog Park Project F. The sod shall be placed over leveled, compacted, and prepared finish graded soil. The amended topsoil and sub-base shall be moist enough to resist shifting. G. Sod may be placed at any time when the ground is not frozen. The surface on which the sod is to be laid should be firm and free from footprints or other depressions. A string or line of boards may be used as a guide for setting the first line of sod across the area. Sods of the next course are matched against the edge of this first line in such a way the joints between the individual sod pieces in the 2 lines do not coincide. Successive courses are matched against the last line laid, in the same manner. H. Sod shall always be laid across slopes. I. After sodding has been completed, the sodded area shall be cleaned up and thoroughly moistened by irrigation system. J. Soil preparation shall consist of the following: 1. Preparation of sub-grade grading shall be per Paragraphs entitled "General" and "Soil Preparation," respectively, herein. 2. Finish grading of soil per Paragraph entitled "Soil Preparation", herein. 3.12 MISCELLANEOUS ITEMS A. Mulch shall be placed in the landscape areas as noted on plans, spread carefully and evenly to a minimum depth as noted on plans over weed barrier fabric. B. Weed barrier fabric shall be placed under mulch so as not to be visible. END OF DOCUMENT ---PAGE BREAK--- NATIVE SEEDING 32 93 10 Native Seeding Minden Town Page 1 of 6 Seeman Ranch Dog Park Project DOCUMENT 32 93 10 NATIVE SEEDING PART 1 - GENERAL 1.1 THE REQUIREMENT A. The CONTRACTOR shall perform all the grass seed mix and all appurtenant work, complete, in accordance with the requirements of the Contract Documents. B. Scope of Work: Landscaping as referred to herein shall include, but not be limited to the following work: soil preparation, finish grading, seeding, cleanup, maintenance, and guarantee. C. The Section cross references the following sections: 1. Reference Standards 014219 2. Contractor Submittals 013200 3. Project Closeout 017100 4. Landscape Irrigation System 328000 5. Landscaping 329300 1.2 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Commercial Standards: 1. ANSI/ASTM D 422 Method for Particle-Size Analysis of Soils 2. ANSI Z601 Nursery Stock 3. American Association of Rules and Grading Provisions Nurserymen, Inc. 1.3 CONTRACTOR SUBMITTALS A. General: The CONTRACTOR shall furnish a certificate with each delivery or bulk material delivery, stating source, quantity, and type of material. All materials shall conform to specification requirements. All certificates shall be delivered to the LANDSCAPE ARCHITECT (here in referred to as LA.) at time of each delivery. All bulk delivered materials shall be delivered with level load volume plainly marked on the truck bed. B. Topsoil Report: Topsoil report as well as literature on mulch "Silva-fiber" and grass seed mixes shall be submitted as specified in Section 013200 - Contractor Submittals. 1.4 QUALITY ASSURANCE A. General: All grass seed mix furnished by the CONTRACTOR shall be true to type or name as shown in the Contract Documents and shall be tagged in accordance with the standard practice recommended by the Agricultural Code of the State of Utah. ---PAGE BREAK--- NATIVE SEEDING 32 93 10 Native Seeding Minden Town Page 2 of 6 Seeman Ranch Dog Park Project 1.5 CLEANUP A. Upon completion of all seeding operations, the portion of the project site used for a work or storage area by the CONTRACTOR shall be cleaned of all debris, superfluous materials, and equipment. All such materials and equipment shall be entirely removed from the project site as specified in Section 01700 - Project Closeout. B. All walks or pavement shall be swept or washed clean upon completion of the WORK of this Section. PART 2 - PRODUCTS 2.1 TOPSOIL A. Topsoil shall conform to requirements of Section 329300 - Landscaping 2.2 SEED MIX A. Seed mix: As indicated on the Drawings (Seed Mix). B. The grass seed mixture shall meet the minimum tested requirements of ANA. The grass seed mix shall be the current year's crop, guaranteed by the supplier as follows: 1. 80% Germination Rate 2. 72% Purity and 80% pure live seed 3. No more than 2% inert matter 4. No noxious weeds and no more than 1/10% weed seed C. Seed mix shall be planted at the rate of 100 lbs/acre. Seed mix composition (percentage of each species) shall be as recommended by the supplier. Labels shall be obtained for the project Landscape Architect's file. 2.3 MULCH (CELLULOSE WOOD FIBER) A. Wood Fiber Mulch shall be a wood material which has been shredded, pulverized, or dissolved into small fibers. The mulch shall have been processed so that it will have no germination and so that it forms a blotter-like ground cover. The material shall be air dry and contain no more than 15% moisture by weight. Wood fiber mulch shall be Silva Fiber or equal. 2.4 MULCH (PEAT MOSS): A. Peat moss shall be pure sphagnum moss and shall have an organic content of not less than 95 percent. The moss shall be weed free and have a PH of not more than 6.0. ---PAGE BREAK--- NATIVE SEEDING 32 93 10 Native Seeding Minden Town Page 3 of 6 Seeman Ranch Dog Park Project PART 3 - EXECUTION 3.1 GENERAL A. The landscape contractor may choose from or combine the following seeding methods to seed and turn over to the owner a healthy product with the quickest results. Seeding methods shall be discussed with and approved by the Landscape Architect. 3.2 PREPARING THE SEED BED A. The landscape work shall not begin until all other trades have repaired all areas of settlement, erosion, rutting, etc., and the soils have been re-established, re-compacted, and refinished to finish grades. The LA shall be notified of all areas which prevent the landscape work from being executed. B. Areas requiring grading by the landscaper including adjacent transition areas shall be uniformly level or sloping between finish elevations to within 0.10-ft above or below required finish elevations. C. The seeding work shall not proceed until after walks, curbs, pavings, edging, and irrigation systems are in place. The contract operations shall be completed to a point where the landscape areas will not be disturbed. The subgrade shall be cleaned free of waste materials of all kinds. D. During grading waste materials in the planting areas such as weeds, rocks (2 inches and larger) building materials, rubble, wires, cans, glass, lumber, sticks, etc., shall be removed from the site. Weeds shall be dug out by the roots. E. Topsoil additives, seed, peat, etc. subject to moisture damage shall be kept in a weatherproof storage place in such a manner that they will be kept dry. F. After removal of waste materials the planting areas subgrade shall be scarified and ripped to a depth of not less than 6 inches and all surface irregularities below the cover of topsoil removed. G. Finish sub-grade and topsoil placement and grading shall consist of: 1. Prepare sub-grade by rough grading and removing all irregularities and debris, then till and scarify subsoil to a depth of 6 inches before placing topsoil. Dig sub-grade down as required in grass seed mix areas for the placement of amended topsoil. 2. Place 6 inches of topsoil over all lawn and seeded areas unless shown or specified otherwise on plans. Sub-grade soil shall be in a loosened and rough surface finish before topsoil is placed over sub-grade. (Sub-grade surface shall not be smooth, but a rough surface shall exist for a transition zone of topsoil to subsoil.) If areas of sub-grade become compacted before topsoil is placed, sub-grade shall be tilled again before topsoil placement. 3. Placing all soil additives. 4. Tilling of seeded areas subsoil’s and topsoil soils that are compacted. 5. After tilling, bring areas to uniform grades by floating and or hand raking. 6. Making minor adjustment of finish grades as directed by the LA or owner. 7. Removing waste materials such as stones, roots, or other undesirable foreign material and raking, dishing, dragging, and smoothing soil ready for planting. 8. No work to be under taken when soils are wet or frozen. 9. Seed bed shall be watered to ensure a moisture depth of 18" prior to seeding. ---PAGE BREAK--- NATIVE SEEDING 32 93 10 Native Seeding Minden Town Page 4 of 6 Seeman Ranch Dog Park Project H. Any unusual subsoil condition that will require special treatment shall be reported to the LA. I. Topsoil shall be uniformly distributed over all areas where required. Subgrade and topsoil shall be damp and free from frost. J. Surface drainage shall be provided as shown by molding the surfaces to facilitate the natural run-off of water. Low spots and pockets shall be filled with topsoil and graded to drain properly. K. Finish grade of all seeded areas shall be 1 inches below finish grades of adjacent pavement of any kind. 3.3 SEEDING (PREFERRED METHOD) A. This method shall consist of: 1. Preparing the seed bed as specified in paragraph 3.2 2. Drilling the seed into the earth with a brillion lawn seeder and making two complete passes at 30 degrees apart from one another over the entire area to be seeded as indicated on the plans. All slopes over 30 percent shall be seeded by hydro-mulching. Any slopes having a washing problem shall be mulched with straw, jute, fiber mating, enkamat, curlex blanket, or other erosion control materials as per the manufacturer's specifications. The material to be used shall be submitted by the Contractor for the Landscape Architect to be reviewed and approved. B. One step seeding may be used from April 15 to September 15. 3.4 ONE STEP HYDRO-SEEDING A. This method shall consist of: 1. Preparing the seed bed as specified above. 2. Combining the seed mixture at a rate of 5 pounds per 1,000 square foot with Silva Fiber Mulch a rate of 1500 pounds per acre, filling the tanks with water, agitating of these materials into a well-mixed slurry suspension, and spraying the mixture under pressure onto the prepared seed bed. B. One step seeding may be used from April 15 to September 15. 3.5 TWO STEP HYRDO-SEEDING A. This method shall consist of: 1. Preparing the seed bed as specified above. 2. Sowing the seed mixture at a rate of 5 pounds per 1,000 square foot in two directions with an approved mechanical seeder, and spraying a mixture of water and Silva Fiber under pressure at a rate of 1500 pounds per acre onto the prepared seed bed. B. Two steps seeding may be used from April 15 to September 15. ---PAGE BREAK--- NATIVE SEEDING 32 93 10 Native Seeding Minden Town Page 5 of 6 Seeman Ranch Dog Park Project 3.6 REPAIR A. Small area repair and seeding shall consist of: 1. Preparing the seed bed as specified above. 2. Sowing the seed mixture as specified. 3. Raking the seed into the soil. Top dress seed bed with two 4 cu. ft. bales of sphagnum peat moss applied evenly per 1000 square feet of area. 3.7 SEED ESTABLISHMENT A. The Contractor shall establish the seed by watering; mowing; protecting; repairing eroded areas; re- seeding; and mulching as necessary; keeping the irrigation system operational and maintained by cleaning and replacing parts, heads, etc.; and keeping the area clean. B. Mowing of Seeded Areas: First mowing of seeded areas shall not be done until as the seed has reached a height of 10-12 inches. After first mowing, seeded areas shall be maintained at height of no less than 5-6 inches. C. Protection: The CONTRACTOR shall provide adequate protection to all newly seeded areas including the installation of approved temporary fences to prevent trespassing and damage, as well as erosion control, until acceptance. D. The contractor apply broadleaf weed killer to help control the weeds only until after the seed is established. E. The maintenance of the seed bed may take one year or longer to establish a healthy stand of grass. The contractor's level on maintenance shall determine the time frame required to establish a healthy grass stand. The contractor shall be responsible for all maintenance of seeded areas up to and including the first mowing. 3.8 WATERING OF SEEDED AREAS A. The entire seeded area shall be watered with a completely operational sprinkler irrigation system at time of seeding. The seed bed shall be kept moist at all times without creating washing or puddling of the lawn and seeded area. 3.9 TIME PERIOD A. The establishment period for seeded areas shall be a minimum of 90 days from the time the seeding operations are completed. 3.10 FINAL INSPECTION A. Inspection of work of lawn and seeded areas will be made at conclusion of maintenance. B. Within 10 days of the end of the establishment period written notice requesting an inspection shall be submitted to the Landscape Architect by the Contractor. All areas designated for grass on the plans ---PAGE BREAK--- NATIVE SEEDING 32 93 10 Native Seeding Minden Town Page 6 of 6 Seeman Ranch Dog Park Project shall be covered with a reasonable stand of grass and acceptable to the Landscape Architect. All areas found not to be acceptable shall be re-seeded in accordance with the above re-seeding specifications. Such areas shall be maintained and guaranteed as stated above. C. Final acceptance of the WORK prior to guarantee period of the contract will be accepted upon written approval by the LA., on the satisfactory completion of all work, including maintenance, but exclusive of the replacement of plant material. D. Any delay in the completion of any item of work in the seeding operation which extends the seeding into more than one season shall extend the maintenance in accordance with the date of completion. E. The CONTRACTOR shall re-seed as soon as weather conditions permit, all bare areas or areas where seeded areas are thin or not healthy. F. All work done under this contract shall be left in good order to the satisfaction of the OWNER and the LA and the CONTRACTOR shall, without additional expense to the OWNER. 3.11 FINAL ACCEPTANCE A. Maintenance by the Contractor shall cease upon his receipt of written notice from the Landscape Architect and or Owner indicating final acceptance of the grass seed mix areas. B. The guarantee of the grass seed mixed areas irrigation system will continue for the one year guarantee as noted per section 328000 Irrigation Specification. END OF DOCUMENT ---PAGE BREAK--- EXHIBIT E Measurement & Payment Special Provision Exhibit E - Measurement & Payment Special Provision ---PAGE BREAK--- ---PAGE BREAK--- SPECIAL PROVISION MEASUREMENT AND PAYMENT Town of Minden SPECIAL PROVISION - Measurement and Payment 2025 Seeman Ranch Dog Park Page 1 of 6 INTRODUCTION This section seeks to clearly identify more of those tasks which are specifically included in each of the respective Bid Schedule items and thereby minimize the confusion that sometimes arises with regard to measurement of and payment for specific tasks comprising the Work. Inclusion or exclusion of any item or task from this Section shall in no way be construed to mean that additional payment shall be required of the OWNER. All materials, equipment, expenses, operations and labor necessary to complete the Work in the manner intended by the Drawings and required by the Contract Documents and Project Specifications not specifically listed as a bid item in the Bid Schedule or described in the following subsections shall be considered incidental to the Work, shall be included in the unit costs for the various Bid Schedule items, and shall not cause the CONTRACTOR to be eligible for additional payment by the OWNER. All items on the Bid Schedule shall be considered deductible alternate bid items. The OWNER shall remove bid items as required to meet the construction budget. The low bid shall be considered to be that bid which has the lowest total cost on the bid items selected by the OWNER for inclusion in the final Agreement rather than the total cost of all bid items prior to the elimination of various deductible alternate bid items. BID ITEMS 01019.1 BID ITEM “MOBILIZATION” This bid item shall be paid for by the lump sum and shall include but is not limited to all preparatory work, materials necessary for obtaining clearances for the Work, moving personnel, equipment, supplies and incidentals to the Project Sites, providing protection of delivered materials, quality control, clean-up, temporary utilities and quarters, permits, bonds, insurance, storm water control including NDEP requirements if any, dust and noise abatement, waste, rubbish disposal and control, sanitation, project close-out operations, water for construction, etc. The lump sum unit price for mobilization shall not exceed 10% of the total bid. In the event that certain bid items are excluded or reduced due to budget constraints, the lump sum unit price for Mobilization shall be reduced on a weighted percentage basis where the percent reduction is the total cost of the excluded items divided by the original total bid. Partial payments for Mobilization will be made in accordance with the payment schedule table below. MOBILIZATION PAYMENT SCHEDULE Payment Amount When Paid 1ST 25% of mobilization With first partial payment after 3% of the original contract amount earned by the CONTRACTOR. 2ND 25% of mobilization When amount earned by CONTRACTOR is 10% of the original contract price. 3RD 25% of mobilization When amount earned by CONTRACTOR is 50% of the original contract price. 4TH (last) 25% of mobilization When project is complete and accepted. 01019.2 BID ITEM “MATERIAL SAMPLING & TESTING” This bid item shall be paid for by the lump sum and shall include all materials, equipment, operations, expenses, and labor necessary to provide all material testing for items shown in contract plans as described in the Standard Specifications. Partial payment shall be made based on the overall ---PAGE BREAK--- SPECIAL PROVISION MEASUREMENT AND PAYMENT Town of Minden SPECIAL PROVISION - Measurement and Payment 2025 Seeman Ranch Dog Park Page 2 of 6 percentage of the project that is paid for at each payment request. All test results shall be submitted to Owner prior to final payment. 01019.3 BID ITEM COMPLIANCE” This bid item shall be paid for by the lump sum and shall include all material, labor, and equipment needed to create and maintain a storm water pollution prevention plan in accordance with the Plans, Specifications, and applicable regulatory agencies. This also includes a grading plan, obtaining a State NOI, and all applicable fees. This item also includes implementing and maintaining the BMPs in the field. 01019.4 BID ITEM “CONSTRUCTION STAKING” This bid item shall be paid for by the lump sum and shall include all materials, equipment, operations, and labor necessary to provide construction staking in accordance with the Drawings and Project Specifications such that the final surface grading required by the Drawings may be accomplished. The CONTRACTOR shall be solely responsible for cost to stake, re-stake destroyed by contract, and proper construction staking, but the ENGINEER or OWNER may periodically check the construction staking to verify accuracy. 01019.5 BID ITEM “DUST CONTROL & WATERING” Shall be paid for by the lump sum. Payment will include all labor, equipment, water, and materials to provide the dust control and watering as directed by the OWNER or ENGINEER and as required by the Plans, Specifications, and the Minden Construction Design Standards and Details. This item also includes water, material, labor, and equipment used for compaction and other construction purposes. Partial payment shall be made based on the overall percentage of the project that is paid for at each payment request. The TOWN will provide water for use on this project. 01019.6 BID ITEM “TEMPORARY CONSTRUCTION FENCING” This bid item shall be paid for by the lump sum and shall include all materials, equipment, operations, expenses, and labor necessary to install temporary fence as required by. This bid item shall specifically include but is not limited to posts, bases, fabric, supports, bands, rods, wires, provision and assembly of all fencing elements, provision and installation of miscellaneous hardware, any custom work necessary to install fence in special conditions, tie-ins, etc. The CONTRACTOR shall be responsible for constructing and removing the construction fences. 01019.7 BID ITEM “SUBSURFACE INVESTIGATION AND UTILITY COORDINATION” Shall be paid for by the lump sum. This shall include all labor, equipment, and materials necessary to test hole or uncover all utility crossings, utility connections. This item shall include backfill of the explored area. Also included are all utility coordination and other requirements to complete work as outlined in construction drawings. 01019.8 BID ITEM “CLEARING & GRUBBING” This bid item shall be paid for by the lump sum and shall include all materials, equipment, operations and labor necessary to remove existing concrete, asphalt, materials, and vegetation as necessary to complete the project. This bid item shall include all materials, equipment, operations, and labor necessary to demolish items in accordance with the Plans, Specifications, the Minden Construction Design Standards and Details, and in such a manner that the new improvements may be completed by the CONTRACTOR. This item also includes the removal of large trees if necessary. ---PAGE BREAK--- SPECIAL PROVISION MEASUREMENT AND PAYMENT Town of Minden SPECIAL PROVISION - Measurement and Payment 2025 Seeman Ranch Dog Park Page 3 of 6 01019.9 BID ITEM “CLEAR NATURE AREA OF DEBRIS” This bid item shall be paid for by the lump sum and shall include all labor, equipment, operations, and materials necessary to clear debris around the project sites. This item is intended to maintain and preserve as much as possible the native vegetation in those areas as shown yet clear the area debris. 01019.10 BID ITEM “EARTHWORK & GRADING” This bid item earthwork and grading shall be paid for by the lump sum. The bid item shall include all equipment, operations, expenses, time, and labor necessary to excavate, haul, import, place, and compact earthen materials on the project site, such that the grades indicated in the Drawings are accomplished. The CONTRACTOR’s lump sum price for this earthwork shall include all work necessary to accomplish the earthwork indicated and implied by the Drawings and Project Specifications. Efforts to scarify and re-compact subgrade, as indicated in the Drawings and required by the geotechnical report shall be specifically included in this bid item. 01019.11 BID ITEM “EXPORT & DISPOSE WASTE MATERIAL” As shown above it is anticipated that there will be a net import on this project. Therefore, this item is likely only to cover the removal of any waste or earthen material that does not meet the specifications for use in the construction. This bid item shall be paid for by the lump sum and shall include all materials, equipment, operations, expenses, and labor necessary to export and dispose waste materials from the Project Site to the site of contractors choosing. Prior to submitting a bid, the CONTRACTOR shall determine for himself anticipated export quantities. The CONTRACTOR’s lump sum price for this bid item shall include all work necessary to export the waste material. 01019.12 BID ITEM “IMPORT FILL” This bid item import fill shall be paid for by the cubic yard. This bid item shall include all materials necessary to import, place, and compact earthen materials on the project site, such that the grades indicated in the Drawings are accomplished. The plan quantity of earthwork material estimated for the project is given in the table below: Unadjusted Cut (CY) 109 Fill (CY) 160 Difference (CY) 51 The numbers given in the table are based on the difference between the existing site surface and the finished design surface as generated by computer design models and shall be considered by the CONTRACTOR to be approximate. The CONTRACTOR shall verify the numbers provided in the table and account for any discovered variances in his Bid. Additionally, the numbers given in the table do not include considerations for materials lost to clearing and grubbing, for volume of sidewalk and other hardscape items and base course materials, for loss of volume due to compaction, etc., the CONTRACTOR shall consider all such adjustments and plan and provide Bid pricing accordingly. 01019.13 BID ITEM “TIE INTO EXISTING IRRIGATION SYSTEM” This bid item shall be paid for by the lump sum and shall include all materials, equipment, operations, and labor necessary to tie into the existing irrigation system in working order, as intended by the Drawings, and required by the Project Specifications. This bid item shall include but is not limited to all lateral pipe, fittings, sprinkler heads, conduits, trenching, bedding, control wire, irrigation mainline, control boxes, control valves, quick coupler valves appurtenances, etc. necessary for the complete and proper operation of the system. ---PAGE BREAK--- SPECIAL PROVISION MEASUREMENT AND PAYMENT Town of Minden SPECIAL PROVISION - Measurement and Payment 2025 Seeman Ranch Dog Park Page 4 of 6 01019.14 BID ITEM POLYETHYLENE WATER PIPE” This bid item shall be paid for by the linear foot and shall include all material, equipment, operations, expenses, and labor necessary provide and install 1” polyethylene water line in accordance with the Drawings and as required by the Project Specifications. This item shall specifically include but is not limited to trench excavation, pipe installation, bedding, backfill, compaction, tapping efforts and materials, stainless steel saddle, connections to mainline, system disinfection, fittings, caution tape, valves, valve boxes, etc. 01019.15 BID ITEM BALL VALVE ASSEMBLY” This bid item shall be paid for by the each and shall include all materials, equipment, expenses, operations, and labor necessary to install 1” ball valve assembly in accordance with the Drawings and as required by the Project Specifications. This item shall specifically include but is not limited to trenching, backfill, piping, miscellaneous fittings, valves, meters, settings, backflow devices, protective enclosures, and pads, drain rock, etc. 01019.16 BID ITEM “24" RCP CULVERT W/ END SECTIONS” This bid item shall be paid for by the linear foot and shall include all material, equipment, operations, expenses, and labor necessary provide and install 24" RCP Culvert with end sections in accordance with the Drawings and as required by the Project Specifications. 01019.17 BID ITEM “10' GRAVEL PAVEMENT WALKING PATH This bid item shall be paid for by the square foot of installed asphalt concrete pavement and shall include all materials, equipment, operations, and labor necessary to provide and install woven geotextile, structural fill subbase, A.C. grindings and decomposed granite as intended by the Drawings and required by the Project Specifications. This bid item shall also include but is not limited to subgrade preparation including compaction, provision and placement of untreated base course material, removal, and disposal of deleterious materials, etc. 01019.18 BID ITEM GRAVEL PAVEMENT WALKING PATH This bid item shall be paid for by the square foot of installed asphalt concrete pavement and shall include all materials, equipment, operations, and labor necessary to provide and install woven geotextile, structural fill subbase, A.C. grindings and decomposed granite as intended by the Drawings and required by the Project Specifications. This bid item shall also include but is not limited to subgrade preparation including compaction, provision and placement of untreated base course material, removal, and disposal of deleterious materials, etc. 01019.19 BID ITEM “CHAIN LINK FENCE /W FENCE CURB” This bid item shall be paid for by the linear foot of installed fence and shall include all time, materials, equipment, operations, expenses, and labor necessary to install chain link fence with fence curb in accordance with the Drawings and as required by the Specifications. This bid item shall specifically include but is not limited to posts, fabric, supports, bands, rods, wires, concrete, provision and assembly of all fencing elements, provision and installation of miscellaneous hardware, any custom work necessary to install fence in special conditions, vinyl coating, etc. CONTRACTOR shall coordinate with OWNER on vinyl color. ---PAGE BREAK--- SPECIAL PROVISION MEASUREMENT AND PAYMENT Town of Minden SPECIAL PROVISION - Measurement and Payment 2025 Seeman Ranch Dog Park Page 5 of 6 01019.20 BID ITEM MAN GATES” This bid item shall be paid for by each 6’ man gates and shall include all materials, equipment, operations, expenses, and labor necessary to install the park bench in accordance with the Drawings and as required by the Project Specifications. 01019.21 BID ITEM “16' WIDE DOUBLE GATE” This bid item shall be paid for by each 16’ wide double gates and shall include all materials, equipment, operations, expenses, and labor necessary to install the park bench in accordance with the Drawings and as required by the Project Specifications. 01019.22 BID ITEM “MOW CURB” This bid item shall be paid for by the linear foot of installed mow curb and shall include all materials, equipment, operations, and labor necessary to install the playground curb as intended by the Drawings and required by the Project Specifications. This bid item shall include but is not limited to the subgrade preparation, expansion and contraction joints, concrete, concrete forming, rebar and finishing, earthwork, etc. 01019.23 BID ITEM “DOG PARK WATER FOUNTAIN” This bid item shall be paid for by each dog park water fountain and shall include all materials, equipment, operations, and labor necessary as intended by the Drawings and as required by the Project Specifications. 01019.24 BID ITEM “DOG WASTE STATION” This bid item shall be paid for by each dog waste station and shall include all materials, equipment, operations, and labor necessary as intended by the Drawings and as required by the Project Specifications. 01019.25 BID ITEM “DOG PARK SIGNAGE” This bid item shall be paid for by each dog park signage and shall include all materials, equipment, operations, and labor necessary as intended by the Drawings and as required by the Project Specifications. 01019.26 BID ITEM “FROST-FREE WATER HYDRANT” This bid item shall be paid for by each frost-free water hydrant and shall include all materials, equipment, operations, and labor necessary as intended by the Drawings and as required by the Project Specifications to install a working hydrant connected to the water system to be installed. 01019.27 BID ITEM “PARK BENCH & TRASH RECEPTACLE W/ CONCRETE SLAB” This bid item shall be paid for by each park bench, trash receptacle and concrete slab, and shall include all materials, equipment, operations, expenses, and labor necessary to install the park bench in accordance with the Drawings and as required by the Project Specifications. This bid item shall include but is not limited to provision and placement of park bench as specified on Project Specifications. ---PAGE BREAK--- SPECIAL PROVISION MEASUREMENT AND PAYMENT Town of Minden SPECIAL PROVISION - Measurement and Payment 2025 Seeman Ranch Dog Park Page 6 of 6 01019.28 BID ITEM “IRRIGATION SYSTEM” This bid item shall be paid for by the lump sum of installed irrigation system and shall include all materials, equipment, operations, and labor necessary to install the irrigation system in working order, as intended by the Drawings, and required by the Project Specifications. This bid item shall include but is not limited to all lateral pipe, fittings, sprinkler heads, conduits, trenching, bedding, control wire, irrigation mainline, control boxes, control valves, quick coupler valves appurtenances, etc. necessary for the complete and proper operation of the system. 01019.29 BID ITEM CAL STAKED PLANTED TREE” This bid item shall be paid for by each 2” Cal staked planted tree of the size and type specified and shall include all materials, equipment, operations and labor necessary to provide and place the tree as intended by the Landscape and Irrigation Drawings and as required by the Project Specifications. This bid item shall specifically include but is not limited to trees, planting pits, backfill amendments, mulch area, root ball, stakes, wire, staples, etc. 01019.30 BID ITEM “GRASS/LAWN SOD” This bid item shall be paid for by the square foot of installed grass/lawn sod and shall include all materials, equipment, operations, and labor necessary to plant sod in the areas shown in the Landscape and Irrigation Drawings and as required by the Project Specifications. This bid item shall specifically include but is not limited to the associated fertilizers, subgrade amendments, watering, topsoil preparation, provision, and placement of turf grass, etc. 01019.31 BID ITEM DEPTH ROCK MULCH TYPE 1” This bid item shall be paid for by the square foot of 3” depth rock mulch type 1 installed and shall include all materials, equipment, operations, and labor necessary to provide and install rock mulch to the required depth in accordance with the Drawings and Project Specifications. This bid item shall include but is not limited to excavation necessary to place the riprap cobble, subgrade preparation, scarification of subgrade in preparation for planting shrubs, provision and placement of cobble, and any other efforts necessary to complete the work. The CONTRACTOR shall submit samples to the OWNER for approval prior to purchase and placement. 01019.32 BID ITEM DEPTH ROCK MULCH TYPE 2” This bid item shall be paid for by the square foot of 4” depth rock mulch type 2 installed and shall include all materials, equipment, operations, and labor necessary to provide and install rock cobble to the required depth in accordance with the Drawings and Project Specifications. This bid item shall include but is not limited to excavation necessary to place the riprap cobble, subgrade preparation, scarification of subgrade in preparation for planting shrubs, provision and placement of cobble, and any other efforts necessary to complete the work. The CONTRACTOR shall submit samples to the OWNER for approval prior to purchase and placement.