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Home My WebLink About15448214_4_Bidding-Contract Documents - MTC Phase 3 (26-May-2021)_signed OWNER Meridian CenterCal, L.L.C. 13400 South Mountain View Corridor Riverton, Utah 84065 Contact: Lance Blackwood, Project Manager Office: 801.803.6480 Email: lblackwood@centercal.com ENGINEER NV5 690 S. Industry Way, Suite 10 Meridian, Idaho 83642 Contact: Robert Beckman, PE, PTOE Direct: 208-275-8715 Mobile: 630-200-7782 Email: robert.beckman@NV5.com Project Bid and Contract Documents Meridian Town Center Page 3 of 114 Offsite Improvements - Phase 3 TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................................................................... 3 BIDDING INFORMATION ................................................................................................................................................ 5 INVITATION FOR BIDS ............................................................................................................................................... 7 INSTRUCTIONS TO BIDDERS ...................................................................................................................................... 9 Article 1. DEFINED TERMS ........................................................................................................................... 9 Article 2. COPIES OF BIDDING DOCUMENTS ............................................................................................... 9 Article 3. QUALIFICATIONS OF BIDDERS ...................................................................................................... 9 Article 4. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE .......................... 10 Article 5. PRE-BID CONFERENCE ................................................................................................................ 12 Article 6. SITE AND OTHER AREAS ............................................................................................................. 12 Article 7. INTERPRETATIONS AND ADDENDA ............................................................................................ 12 Article 8. OMITTED .................................................................................................................................... 12 Article 9. CONTRACT Dates ........................................................................................................................ 12 Article 10. SUBSTITUTE AND “OR-EQUAL” ITEMS ....................................................................................... 12 Article 11. SUBCONTRACTORS, SUPPLIERS AND PROJECT TEAM ................................................................ 12 Article 12. PREPARATION OF BID ................................................................................................................. 13 Article 13. BID .............................................................................................................................................. 13 Article 14. SUBMITTAL OF BID ..................................................................................................................... 14 Article 15. MODIFICATION AND WITHDRAWAL OF BID ............................................................................... 14 Article 16. OMITTED .................................................................................................................................... 14 Article 17. BIDS TO REMAIN SUBJECT TO ACCEPTANCE .............................................................................. 14 Article 18. AWARD OF CONTRACT ............................................................................................................... 14 Article 19. CONTRACT SECURITY AND INSURANCE ..................................................................................... 15 Article 20. SIGNING OF AGREEMENT ........................................................................................................... 15 BID FORM ................................................................................................................................................................ 17 BID CERTIFICATE ..................................................................................................................................................... 23 CONSTRUCTION SCHEDULE .................................................................................................................................... 24 CASH FLOW SCHEDULE ........................................................................................................................................... 25 INFORMATION REQUIRED OF BIDDERS .................................................................................................................. 27 CONTRACT FORMS ...................................................................................................................................................... 30 CONSTRUCTION AGREEMENT ................................................................................................................................. 31 Article 1. WORK ......................................................................................................................................... 31 Article 2. THE PROJECT .............................................................................................................................. 31 Article 3. ENGINEER ................................................................................................................................... 31 Article 4. CONTRACT DATES ....................................................................................................................... 31 Article 5. CONTRACT PRICE ........................................................................................................................ 32 Article 6. PAYMENT PROCEDURES ............................................................................................................. 32 Article 7. INTEREST .................................................................................................................................... 32 Article 8. CONTRACTOR’S REPRESENTATIONS ........................................................................................... 32 Article 9. CONTRACT DOCUMENTS ............................................................................................................ 33 Article 10. MISCELLANEOUS ........................................................................................................................ 34 NOTICE TO PROCEED .............................................................................................................................................. 37 CHANGE ORDER ...................................................................................................................................................... 39 WORK CHANGE DIRECTIVE ..................................................................................................................................... 41 CERTIFICATE OF SUBSTANTIAL COMPLETION ......................................................................................................... 43 CERTIFICATE OF FINAL COMPLETION ...................................................................................................................... 45 CONTRACTOR’S PROJECT CERTIFICATION .............................................................................................................. 47 GENERAL CONDITIONS ................................................................................................................................................ 49 GENERAL CONDITIONS ............................................................................................................................................ 50 Project Bid and Contract Documents Meridian Town Center Page 4 of 114 Offsite Improvements - Phase 3 Article 1. DEFINITIONS AND TERMINOLOGY ............................................................................................. 50 Article 2. PRELIMINARY MATTERS ............................................................................................................. 54 Article 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................................................. 55 Article 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ...... 56 Article 5. BONDS AND INSURANCE ............................................................................................................ 60 Article 6. CONTRACTOR’S RESPONSIBILITIES ............................................................................................. 64 Article 7. OTHER WORK ............................................................................................................................. 74 Article 8. OWNER’S RESPONSIBILITIES ....................................................................................................... 74 Article 9. STATUS OF OWNER’S REPRESENTATIVE AND ENGINEER DURING CONSTRUCTION .................. 75 Article 10. CHANGES IN THE WORK; CLAIMS ............................................................................................... 77 Article 11. COST OF WORK; CASH ALLOWANCES; UNIT PRICE WORK ......................................................... 79 Article 12. CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT DATES ................................................ 82 Article 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ... 84 Article 14. PAYMENTS TO Contractor AND COMPLETION ........................................................................... 87 Article 15. SUSPENSION OF WORK AND TERMINATION .............................................................................. 92 Article 16. DISPUTE RESOLUTION ................................................................................................................ 93 Article 17. MISCELLANEOUS ........................................................................................................................ 95 SUPPLEMENTARY CONDITIONS ................................................................................................................................... 97 SUPPLEMENTARY CONDITIONS .............................................................................................................................. 98 SPECIAL PROVISIONS ................................................................................................................................................. 113 SPECIAL PROVISIONS ............................................................................................................................................ 114 Bidding Information Meridian Town Center Page 5 of 114 Offsite Improvements - Phase 3 BIDDING INFORMATION Advertisement for Bids Meridian Town Center Page 7 of 114 Offsite Improvements - Phase 3 INVITATION FOR BIDS Separate sealed bids for the “Meridian Town Center – Offsite Improvements - Phase 3” project, which is comprised of ITD Project A013(349); Key No. 13349 (the “Project”) must be received by Engineer at 690 S. Industry Way, Suite 10, Meridian, Idaho 83642 until 3:00 pm prevailing time on Monday, June 21, 2021. General Project Description The Project generally consists of the following “Work.” The descriptions below are general only. Please see the Contract Documents for a complete description of the Work. Southbound N Eagle Road widening from E River Valley Street to E Franklin Road inclusive of pavement reconstruction, retaining walls, traffic signal modifications, and drainage facilities. Contract Documents The Contract Documents may be obtained from Engineer. Contract Dates Developer expects to issue a Notice to Proceed for the Project on or about July 14, 2021, provided that the Contract has been approved by Idaho Transportation Department (“ITD”). The Substantial Completion deadline for the Work will be February 17, 2022. The above Substantial Completion deadlines are critical to Developer. Bids will be evaluated, in part, on Developer’s evaluation of the bidder’s ability to achieve Substantial Completion of each portion of the Work on or before Substantial Completion deadline for that portion of the Work. All Work must be finally complete no later than thirty (30) days after Substantial Completion. Pre-Bid Conference A pre-bid conference will be held at via video conference call on Monday, June 7, 2021. . Meeting invite and web link to be provided by Engineer. Bidder attendance at the pre-bid conference is encouraged but not required. Licenses and Registrations Each bidder must hold all licenses and registrations that may be required by applicable law for the bidder to fully perform the Work, if the bidder is selected. Although the Project is not a public works project and not subject to the licensing requirements for public work projects, each bidder and all of the bidder’s subcontractors must hold a valid public works contractor’s license for the State of Idaho with all of the categories and bid limits to bid on the Project as if it were a public works contract. Additional Information Questions or concerns regarding the Project should be directed in writing to: Robert Beckman, PE, PTOE NV5 690 S. Industry Way, Suite 10 Meridian, Idaho 83642 Direct: 208-275-8715 Email: robert.beckman@NV5.com Instructions to Bidders Meridian Town Center Page 9 of 114 Offsite Improvements - Phase 3 INSTRUCTIONS TO BIDDERS ARTICLE 1. DEFINED TERMS Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions, Supplementary Conditions and Special Provisions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: (A) Bidder - The entity who submits a Bid pursuant to these Instructions to Bidders. (B) Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. (C) Successful Bidder - The Bidder submitting a responsive Bid to whom Developer (on the basis of Developer’s evaluations as hereinafter provided) elects to make an award. ARTICLE 2. COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents may be examined or obtained as stated in the Invitation for Bids. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Developer nor Engineer nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Developer, Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3. QUALIFICATIONS OF BIDDERS 3.01 In order to bid on or perform public work, Bidder and its Subcontractors must hold a current Idaho public works contractor’s license and any licenses as required by Laws and Regulations. 3.02 Bidder will submit with its bid written evidence of Bidder’s qualifications to perform the Work, including: (A) A summary of Bidder’s performance on projects of similar or greater scope, complexity and schedule constraints, including whether or not Bidder performed the project in accordance with Bidder’s schedule obligations; (B) Bidder’s present commitments on other project, including any future commitments that have the potential to interfere with Bidder’s ability to perform the Work in accordance with schedule commitments identified in the Bidding Documents; (C) Bidders proposed team for the executive management of the Work, and for each member of the team, the member’s experience and qualifications in performing projects of similar or greater scope, complexity and schedule constraints; (D) Bidders proposed team for the on-site supervision of the Work (e.g., project managers, superintendents and any other valued members of the supervisory team), and for each member of the team, the member’s experience and qualifications in performing projects of similar or greater scope, complexity and schedule constraints; (E) Bidder’s proposed construction schedule indicating how Bidder plans to complete the Work in accordance with the applicable Contract Dates for the Work; (F) Bidder’s current experience modification rate (EMR), as calculated by the National Council on Compensation Insurance (NCCI), if available; (G) Bidder’s proposed site safety plan for the Work; and (H) Any other information that Bidder deems relevant for Developer’s consideration of Bidder’s qualification to perform the Work in accordance with the terms of the Bidding Documents. 3.03 Bidder and its controlling equity holders and executive officers must not be persons or entities with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Instructions to Bidders Meridian Town Center Page 10 of 114 Offsite Improvements - Phase 3 Control ("OFAC") of the Department of the Treasury (including those named on OFAC's Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Real Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and to its knowledge there are no investigations, claims or proceedings inconsistent with the foregoing. ARTICLE 4. EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions (A) The Supplementary Conditions identify: (i) Those reports of explorations and tests of subsurface conditions at or contiguous to the Site used in preparing the Bidding Documents. (ii) Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) used in preparing the Bidding Documents. (B) Copies of reports and drawings referenced in Section 4.01(A) will be made available by Engineer to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to use as provided in Section 4.02 of the General Conditions has been identified and established in Section 2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in the reports or shown or indicated in the drawings. 4.02 Underground Facilities Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Developer, Engineer by owners of the Underground Facilities, or others. 4.03 Hazardous Environmental Condition (A) The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, used in preparing the Bidding Documents. (B) Copies of reports and drawings referenced in Section 4.03(A) will be made available by Engineer to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to use as provided in Section 4.06 of the General Conditions has been identified and established in Section 2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in the reports or shown or indicated in the drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Sections 4.02, 4.03 and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the 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 Section 4.06 of the General Conditions. 4.05 On request, Developer will coordinate Bidder access to the Site to conduct any examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. If Bidder desires to perform exploratory work in the public right-of-way, Bidder must secure any necessary permits and licenses for the exploratory work. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of the explorations, investigations, tests, and studies. Instructions to Bidders Meridian Town Center Page 11 of 114 Offsite Improvements - Phase 3 4.06 Reference is made to Article 7 of the General Conditions for the identification of the general nature of other work that is to be performed at the Site by others (such as utilities and other contractors) that relates to the Work for which a Bid is to be submitted. On request, Developer will provide each Bidder with reasonable access to (or copies of) the contract documents (other than portions thereof related to price) for the other work. 4.07 It is responsibility of each Bidder before submitting a Bid to: (A) Examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; (B) Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; (C) Become familiar with and satisfy Bidder as to all Federal, State, and local Laws and Regulations that may affect cost, progress, or performance of the Work; (D) Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions ; (E) Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; (F) Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; (G) Become aware of the general nature of the work to be performed by Developer and others at the Site that relates to the Work as indicated in the Bidding Documents; (H) Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; (I) Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof (issued by Engineer) is acceptable to Bidder; and (J) Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in Bidding Documents and the written resolutions thereof (issued by Engineer) are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. Instructions to Bidders Meridian Town Center Page 12 of 114 Offsite Improvements - Phase 3 ARTICLE 5. PRE-BID CONFERENCE A pre-bid conference will be held via video conference call as set forth in the Invitation for Bids. 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 any 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. ARTICLE 6. SITE AND OTHER AREAS The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by the Successful Bidder. Easement for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Developer unless otherwise provided in the Bidding Documents. ARTICLE 7. INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to any questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Developer, Engineer. ARTICLE 8. OMITTED ARTICLE 9. CONTRACT DATES The dates for the Work as set forth in Article 4 of the Construction Agreement. ARTICLE 10. SUBSTITUTE AND “OR-EQUAL” ITEMS The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or “or-equal” materials and equipment as defined in Section 6.05 of the General Conditions, or those substitute materials and equipment approved by Engineer, and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or-equal” item. Request for clarification of materials and equipment considered “or-equal” prior to the Effective Date of the Agreement must be received by the Engineer at least five (5) days prior to the date for receipt of Bids. No item of material or equipment will be considered as a substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least fifteen (15) days prior to the date for receipt of Bids. Each request must conform to the requirements of Section 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s or Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed substitute item, the approval will be set forth in an Addendum issued to all prospective Bidders. Bidders will not rely upon approvals made in any other manner. ARTICLE 11. SUBCONTRACTORS, SUPPLIERS AND PROJECT TEAM 11.01 Bidder must submit to Developer a list of all Subcontractors and Suppliers proposed by Bidder for the Work. Bidder will also submit to Developer a list of all members of Bidder’s proposed team for the Project. The list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each Subcontractor, Supplier or proposed member of Bidder’s team Instructions to Bidders Meridian Town Center Page 13 of 114 Offsite Improvements - Phase 3 for the Project. If Developer, Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier or Project team member, Developer may request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 11.02 If apparent Successful Bidder declines to make any substitution, Developer may determine the Bidder to be non-responsive and reject the Bid. Any Subcontractor, Supplier or Project team member so listed and against which Developer, Engineer makes no written objection prior to execution of the Contract will be deemed acceptable to Developer, Engineer subject to revocation of the acceptance after the Effective Date of the Agreement as provided in Section 6.06 of the General Conditions. 11.03 Bidder will not be required to employ any Subcontractor, Supplier or Project team member against whom Bidder has reasonable objection. ARTICLE 12. PREPARATION OF BID 12.01 The Bid form is included with the Bidding Documents, and can be found in the Project Plan Room. 12.02 All blanks on the Bid form must be completed by printing in ink or by typewriter and the Bid signed. A Bid price must be indicated for each Bid item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered. 12.03 A Bid by a legal entity must be executed in the entity’s name by a duly authorized representative of the entity officer and accompanied by evidence of the representative’s authority to sign. 12.04 All names must be typed or printed in ink below the signatures. 12.05 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid form. 12.06 The Bid must have the name, title, address, telephone number and email address for the Bidder’s representative for communication regarding the Bid. 12.07 The Bid must contain evidence of Bidder’s authority and qualification to do business in the State of Idaho. Bidder’s Idaho public works contractor’s license number and Idaho contractor’s registration must also be shown on the Bid form. ARTICLE 13. BID Bidders must submit the following documents in its Bid: (A) A fully complete and signed Bid Form, which has a fixed, lump sum Contract Price for the performance of the entire Work (and unit prices where requested on the Bid form); (B) A fully complete and signed Bid Certificate in the form provided herein; (C) All documents and information requested or required of Bidders, including the documents and information requested in Section 3.02 and Section 11.01 of these Instructions; (D) A construction schedule showing Bidder’s proposal for performance of the Work in accordance with the Contract Dates identified in Article 4 of the Construction Agreement (E) A cash flow projection analysis for Developer’s payments under the Contract that assumes the Work progresses in accordance with the construction schedule proposed by the Bidder. The analysis will, for each projected payment, illustrate the date of each scheduled application for payment, the date of each scheduled payment, and the allocation of each projected application for payment into each of the Work categories on the Bid Form; (F) A fully complete Information Required of Bidders Form with all documents requested therein attached; and (G) A fully complete List of Subcontractors Form. Instructions to Bidders Meridian Town Center Page 14 of 114 Offsite Improvements - Phase 3 ARTICLE 14. SUBMITTAL OF BID 14.01 Each prospective Bidder will be furnished one copy of the Bidding Documents. 14.02 A Bid must be submitted no later than the date and time prescribed and at the place indicated in the Invitation for Bids and must be enclosed in an opaque sealed envelope plainly marked with the Project title, the name and address of Bidder, and must be accompanied by all other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.” ARTICLE 15. MODIFICATION AND WITHDRAWAL OF BID 15.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 15.02 If within twenty-four (24) hours after Bids are opened any Bidder files a duly signed written notice with Developer and promptly thereafter demonstrates to the reasonable satisfaction of Developer that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid. ARTICLE 16. OMITTED ARTICLE 17. BIDS TO REMAIN SUBJECT TO ACCEPTANCE All Bids will remain subject to acceptance for the period of time stated in the Bid form, but Developer may, in its sole discretion, release any Bid prior to the end of this period. ARTICLE 18. AWARD OF CONTRACT 18.01 Developer reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Developer further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsive. Developer also reserves the right to waive all informalities and to negotiate contract terms with the Successful Bidder. 18.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 18.03 In evaluating Bids, Developer will consider whether or not the Bids comply with the prescribed requirements, and any alternates, unit prices and other data. 18.04 In evaluating Bidders, Developer will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for the Work. 18.05 Developer may conduct any investigations as Developer deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work. 18.06 If the Contract is to be awarded, Developer will award the Contract to the responsible Bidder whose Bid is deemed best by Developer with all things considered, including price, schedule, experience and other factors. 18.07 For purposes of evaluating the Bids, Developer may elect to deem any Bids that are within Two Hundred Thousand ($200,000) of each other to be “price equivalent” for purposes of evaluating the Bids. In such event, Developer may rank each “price equivalent” Bid in accordance with Developer’s evaluation of (a) the information provided by each Bidder pursuant to Section 3.02 and Section 11.01 of these Instructions, and (b) if a post-Bid interview is requested by Developer, then the information and responses provided by Bidder’s during the post-Bid interview. Bidder acknowledges and agrees that Developer’s ranking of “price Instructions to Bidders Meridian Town Center Page 15 of 114 Offsite Improvements - Phase 3 equivalent” Bids will naturally entail subjective consideration of the information provided, and that absent clear and convincing evidence of bad faith, Developer’s ranking or selection of any “price equivalent” Bid over any other “price equivalent” Bid will be final and binding on all Bidders. ARTICLE 19. CONTRACT SECURITY AND INSURANCE Article 5 of the General Conditions, as it may be modified by the Supplementary Conditions and Special Provisions, sets forth Developer’s requirements as to the performance Bond, the payment Bond and insurance. When the Successful Bidder delivers the executed Agreement to Developer, it must be accompanied by the Bonds and the insurance documentation required therein. ARTICLE 20. SIGNING OF AGREEMENT When Developer notifies the Successful Bidder that it intends to award the Contract to the Successful Bidder, the Successful Bidder will promptly cooperate with Developer to execute the Contract consistent with the award. Bidder acknowledges that the Contract will be subject to adjustment prior to execution to make any corrections desired by Developer and to reflect any changes or updates desired by Developer prior to execution. Bid Form Meridian Town Center Page 17 of 114 Offsite Improvements - Phase 3 BID FORM MERIDIAN TOWN CENTER – OFFSITE IMPROVEMENTS - PHASE 3 Item No.Item Description Estimated Quantity Unit Unit Price Bid Item Total 203-005A REM OF OBSTRUCTIONS 1 LS -$ 203-025A REM OF CATCH BASIN 5 EACH -$ 203-060A REM OF CONC SIDEWALK 390 SY -$ 203-070A REM OF CURB & GUTTER 844 FT -$ 203-075A REM OF FENCE 211 FT -$ 203-105A REMOVAL OF MISC IRR STR 3 EACH -$ 203-125C REM OF MISC ITEMS, PIPE 724 FT -$ 203-130B OBLITERATION OF PVMT MARKINGS 6485 SF -$ 203-135A REM OF SIGN 22 EACH -$ -$ 205-005A EXCAVATION 12100 CY -$ 205-040A GRANULAR BORROW 5900 CY -$ 205-060A WATER FOR DUST ABATEMENT 400 MG -$ 205-071A EXCAVATION AND REPAIR OF SOFT SPOTS 500 CY -$ -$ 212-011A FIBER WATTLE 6824 FT -$ 212-095A INLET PROTECTION 33 EACH -$ 212-105A WATER POLLUTION & EROSION CTRL 10000 CA -$ -$ 301-005A GRANULAR SUBBASE 18550 TON -$ 303-022A 3/4" AGGREGATE TYPE B FOR BASE 5250 TON -$ 401-020A CSS-1 DILUTED EMULSIFIED ASPHALT FOR TACK COAT 1800 GAL -$ 405-245A APPROACH 10 EACH -$ 405-435A SUPERPAVE HMA PAV INCL ASPH&ADD CL SP-3 5450 TON -$ -$ 604-025A 12" IRR PIPE 59 FT -$ CenterCal Ph3, Eagle Rd Widening MERIDIAN TOWN CENTER - OFFSITE IMPROVEMENTS PHASE 3 BID SCHEDULE - EAGLE ROAD WIDENING Any reference in the Bid Schedule to an “estimated quantity” is Engineer’s estimate of the quantity of the “units” of the specified item in the Work.Such quantity estimate is provided for convenience.Contract shall not base its bid on Engineer’s quantity estimate,but shall instead independently calculate and verify the quantities of the units for each item required for the proper completion of the Work and base its bid thereon. Contractor’s Bid indicated on the Summary Page of the Bid Schedule.Such Bid, if accepted, will be the Contract Price in Article 5 of the Construction Agreement.Such Total Bid is a lump sum and shall not be subject to adjustment for any variation between the estimated quantities of each item in the Bid Schedule and the actual quantities of such item in the Work. Any reference in the Bid Schedule to “unit price” shall be the price for each unit of the specified items, and shall be “unit prices” for the purpose of Section 11.03 of the General Conditions. The Work is defined in Section 1.01(A)(56) of the General Conditions.The division of the Work into line items on the Bid Schedule is solely for Owner’s convenience.The omission from the Bid Schedule of any matter required by, or reasonably inferable from, the Contract 604-040A 21" IRR PIPE 6 FT -$ 604-045A 24" IRR PIPE 123 FT -$ 605-035A 18" STORM SEWER PIPE 734 FT -$ 605-465A MANHOLE TY C 2 EACH -$ 605-467A MANHOLE TY D 20 EACH -$ 605-515A CATCH BASIN TY 2A 9 EACH -$ 605-635A ADJUST MANHOLE COVERS 3 EACH -$ 609-025A MINOR STR, IRR BOX 1 1 EACH -$ 609-025B MINOR STR, IRR BOX 2 1 EACH -$ -$ 610-015A FENCE TY 1B 211 FT -$ 610-035A FENCE TY 4 275 FT -$ -$ 612-005D W-BEAM GUARDRAIL 450 FT -$ 612-115C GUARDRAIL TERMINAL, TANGENT 2 EACH -$ -$ 614-015A SIDEWALK 1183 SY -$ 614-025A CURB RAMP 191.5 SY -$ 615-492A CURB & GUTTER TY. 2 2994 FT -$ -$ 616-010A SIGNS TY B 53 SF -$ 616-055A SIGN POST TY D 1 EACH -$ 616-080A REMOVE AND REINSTALL SIGN (ON NEW POST)18 EACH -$ -$ 618-025A STREET MONUMENT 3 EACH -$ -$ 621-005A SEED BED PREPARATION 1.283 AC -$ 621-010A SEEDING 1.283 AC -$ 621-015A MULCHING 1.283 AC -$ 621-035A FERTILIZING 1.283 AC -$ -$ 626-010A TEMPORARY TRAFFIC CONTROL SIGNS 1239 SF -$ 626-050A DRUMS 300 EACH -$ 626-071A ARROW BOARD TY B 1000 HR -$ 626-100A MISC TEMPORARY TRAF CONT ITEMS 1 LS -$ 626-105A TRAF CONT MAINTENANCE 1500 MNHR -$ 626-113A FLOOD LIGHTS 1 LS -$ 626-114A PORTABLE CHANGEABLE MESSAGE SIGN (PCMS)1700 HR -$ 626-135A WEIGHT BASED TUBULAR MARKERS 250 EACH -$ 626-120A FLAGGER CONTROL 720 HR -$ -$ 630-020B TRANS PAVEMENT MARKING THERMOPLASTIC 3122 SF -$ 630-025A LONG PAVEMENT MARKING WATERBORNE 11160 FT -$ 630-025B LONG PAVEMENT MARKING THERMOPLASTIC 12 FT -$ -$ 640-015A SUBGRADE SEPARATION GEOTEXTILE TYPE III 15850 SY -$ 645-010A CLASS III FIELD LABORATORY 1 LS -$ -$ 656-005A EAGLE ROAD/FRANKLIN ROAD SIGNAL MODIFICATION 1 LS -$ 656-005B EAGLE ROAD/PINE AVENUE SIGNAL MODIFICATION 1 LS -$ 656-005C EAGLE ROAD/FAIRVEIW AVENUE SIGNAL MODIFICATION 1 LS -$ 656-005D EAGLE ROAD/RIVER VALLEY STREET SIGNAL MODIFICATION 1 LS -$ -$ 675-005A SURVEY 1 LS -$ 675-010A DIRECTED SURVEYING OFFICE COMPUTATION 7000 CA -$ 675-015A DIRECTED SURVEYING (CREW)18000 CA -$ -$ S501-15A MSE RETAINING WALL, SEGMENTAL BLOCK 2780 SF -$ S501-15B RETAINING WALL, GRAVITY CONCRETE BLOCK 140 SF -$ -$ S604-05A REM & RESET IRRIGATION (SPRINKLER SYSTEM)1 LS -$ -$ S901-05A SP OBSERVATION WELL 20 EACH -$ S901-05B SP OIL/WATER SKIMMER 20 EACH -$ S901-05C SP MODIFIED CATCH BASIN TY 3 13 EACH -$ -$ S904-05A EAGLE ROAD ATMS SYSTEM MODIFICATIONS 1 LS -$ -$ S911-05A SP INFILTRATION TRENCH 1447 FT -$ S912-05A SP LAWN REPAIR 6801 SY -$ S912-05B SP LANDSCAPE REPAIR 267 SY -$ -$ Z629-05A MOBILIZATION 1 LS -$ -$ Total Price: Item No.Item Description Estimated Quantity Unit Unit Price Bid Item Total 307.4.1.G.1.TYPE P SURFACE RESTORATION 221 SY 307.4.1.G.3.TYPE P SURFACE RESTORATION WITH PAVEMENT FABRIC 265 SY 308.4.1.A.1.PIPE BORING AND JACKING 20 LF 310.4.1.A.1.a.12" PVC, AWWA C900, DR18 WATER MAIN CASING 93 LF 310.4.1.A.1.b.16" PVC, AWWA C900, DR25 WATER MAIN CASING 119 LF 310.4.1.A.1.c.20" PVC, AWWA C900, DR25 WATER MAIN CASING 396 LF 310.4.1.A.1.d.20"Ø, 3/8" THICK STEEL WATER MAIN CASING 38 LF 310.4.1.A.1.e.24" Ø, 3/8" THICK STEEL WATER MAIN CASING 9 LF 310.4.1.A.1.f.INSTALL NEW WATER MAIN IN EXISTING WATER MAIN 520 LF 401.4.1.A.1.b.8" PVC, AWWA C900, DR18 WATER MAIN 154 LF 401.4.1.A.1.c.8" FUSIBLE PVC, AWWA C900, DR18 WATER MAIN 633 LF 401.4.1.A.1.d.12" PVC, AWWA C900, DR18 WATER MAIN 29 LF 401.4.1.A.1.e.12" (IPS) HDPE, AWWA C906, PE4710, DR9, WATER MAIN 277 LF 401.4.1.A.1.f.16" (IPS) HDPE, AWWA C906, PE4710, DR9, WATER MAIN 864 LF 402.4.1.A.1.a.6" GATE VALVE 1 EA 402.4.1.A.1.b.8" GATE VALVE 6 EA 402.4.1.A.1.c.12" GATE VALVE 8 EA 706.4.1.G.1CONCRETE REPAIR 16 SY 1001.4.1.A.1.SEDIMENT CONTROL 1 LS 1103.4.1.A.1.CONSTRUCTION TRAFFIC CONTROL 1 LS 2030.4.1.C.1.ADJUST EXISTING VALVE BOX TO GRADE 1 EA 2010.4.1.A.1.MOBILIZATION 1 LS SP-1a ABANDON EXISTING 6" WATER MAIN IN PLACE, FILL WITH SAND OR LOW STRENGTH GROUT 142 LF SP-1b ABANDON EXISTING 12" WATER MAIN IN PLACE, FILL WITH SAND OR LOW STRENGTH GROUT 993 LF SP-1c ABANDON AND REMOVE EXISTING 6" WATER MAIN 44 LF SP-1d ABANDON AND REMOVE EXISTING 12" WATER MAIN 7,146 LF SP-1e ABANDON AND REMOVE EXISTING 2" WATER SERVICE LINE 10 LF SP-1f ABANDON EXISTING 2" WATER SERVICE LINE IN PLACE 137 LF SP-2 LAWN SOD RESTORATION 2,308 SF SP-3 REMOVE EXISTING TREE 7 EA SP-4 CCTV EXISTING 12" WATER MAIN TO CONFIRM SUITABILTY AS A CASING520 LF SP-5 2" WATER SERVICE LINE (METER TO MAIN)122 LF MERIDIAN TOWN CENTER - OFFSITE IMPROVEMENTS PHASE 3 BID SCHEDULE - WATER MAIN RELOCATION and ABANDONMENT CenterCal Ph3, Water Main Relocation and Abandonment Total Price: Bid Form Meridian Town Center Page 23 of 114 Offsite Improvements BID CERTIFICATE MERIDIAN TOWN CENTER – OFFSITE IMPROVEMENTS - PHASE 3 An executed copy of this Bid Certificate (this “Certificate”) must accompany the Bid. Bidder represents, warrants and certifies to Developer as follows. Bidder acknowledges and agrees that Developer will rely on the accuracy of Bidder’s representations, warranties and certifications herein for the consideration of Bidder’s Bid, and if Bidder is the Successful Bidder, for entering into a Contract with Bidder. 1. Bidder has read and understands all Bidding Documents. 2. Bidder has fully performed all of its duties, obligations and responsibilities under the Bidding Documents, including its responsibilities under Section 4.07 of the Bidding Instructions. 3. To the best of Bidder’s knowledge, information and belief after reasonable inquiry, the documents and information provided by Bidder to Developer (a) are true and correct in all material respects; (b) do not contain any untrue statement of material fact; and (c) do not omit a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. If Contractor discovers that any document or information previously provided by Contractor failed to comply with the foregoing sentence at the time it was provided, Contractor will promptly (i) notify Developer of the specific document or information in question, (ii) the nature of the failure to comply with the foregoing sentence and (iii) if known, the information that would have made the prior document, report or information comply with the foregoing sentence. 4. Bidder acknowledges and agrees that the Project is not a public works project and Developer is not obligated to award the Contract to the lowest responsive bidder, or otherwise in accordance with any of the procedures or requirements for public works projects. Bidder specifically acknowledges and agrees that the Bid Documents permit Developer to select the Bid that is deemed best by Developer with all things considered, including price, schedule, experience and other factors. 5. Bidder is the party making Bidder’s Bid; and that the Bid is not made in the interest of, or on behalf of, any other person or entity; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connive or agreed with any bidder or anyone else to put in a sham bid, nor that anyone will refrain from bidding; that Bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix any price of Bidder or of any other bidder, nor to fix any overhead, profit, or cost element of any price, nor of that of any other bidder, nor to secure any advantage against Developer or any public body interested in the proposed contract; that all statements contained in the Bid are true; and, further, that Bidder has not directly or indirectly submitted any price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any person or entity except to such person or entities with a financial interest with Bidder or its business. Signed on behalf of Bidder: (Signature) Name: Name: Date: Bid Form Meridian Town Center Page 24 of 114 Offsite Improvements CONSTRUCTION SCHEDULE MERIDIAN TOWN CENTER – OFFSITE IMPROVEMENTS - PHASE 3 [ To be provided by Bidder with Bid. ] Bid Form Meridian Town Center Page 25 of 114 Offsite Improvements CASH FLOW SCHEDULE MERIDIAN TOWN CENTER – OFFSITE IMPROVEMENTS - PHASE 3 [ To be provided by Bidder with Bid ] Construction Agreement Meridian Town Center Page 27 of 114 Offsite Improvements INFORMATION REQUIRED OF BIDDERS GENERAL INFORMATION Bidder must furnish the following information. Failure to comply with this requirement will render the Bid incomplete and may cause its rejection. Additional sheets may be attached as required. (1) Bidder’s name and address (mail and business): _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (2) Bidder’s telephone number:(___) ________________________________________ (3) Name and contact information for Bidder’s contact person for this bid: Name: ________________________________________ Title: ________________________________________ Address: ________________________________________ Telephone: ________________________________________ Email: ________________________________________ (4) Bidder’s Idaho State Public Works Contractor License: Primary Classification: ____________________________________________________ State License No.: _______________________________________________________ Supplemental Classification held, if any: _____________________________________ Bid Limit: ______________________________________________________________ (5) Number of years as a contractor in construction work of this type: _________________ (6) Names and titles of all officers of Bidder’s firm: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Construction Agreement Meridian Town Center Page 28 of 114 Offsite Improvements _______________________________________________________________________ (7) Name of person who inspected site of proposed work for your firm: Name: __________________________ Date of Inspection: ___________________ Name: __________________________ Date of Inspection: ___________________ Name: __________________________ Date of Inspection: ___________________ (8) Name, address, and telephone number of Surety Company and agent who will provide the required bonds on this contract: Surety Company: __________________________________________________ Mailing Address: __________________________________________________ City, State, Zip: __________________________________________________ Contact: _____________________________________________________ Phone: _____________________________________________________ Attach to this Bid the proposed form of payment bond and performance bond. (9) Attach to this Bid the experience résumés of the person who will be designated chief construction superintendent and each person who will be assistant superintendents. Construction Agreement Meridian Town Center Page 29 of 114 Offsite Improvements LIST OF SUBCONTRACTORS Bidder must list below the name and address of each Subcontractor who will perform work under the Contract in excess of one (1) percent of Bidder’s total bid price, and will also list the portion of the Work which will be done by the Subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as identified in Section 6.06(B) of the General Conditions. Work to be Performed Subcontractor’s license number Subcontractor’s Name & Address Percent of total contract Note: Attach additional sheets, if required. Construction Agreement Meridian Town Center Page 30 of 114 Offsite Improvements CONTRACT FORMS Construction Agreement Meridian Town Center Page 31 of 114 Offsite Improvements CONSTRUCTION AGREEMENT This Construction Agreement (this “Agreement”) is dated as of [December 31, 2020] (“Effective Date”) by and between Meridian CenterCal, L.L.C., a Delaware limited liability company (“Developer”) and [Contractor], [Contractor Entity Type] (“Contractor”). Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK Contractor will complete all Work as specified or indicated in the Contract Documents. The Work is defined in Section 1.01(53) of the General Conditions. ARTICLE 2. THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as “Meridian Town Center – Offsite Improvements - Phase 3”. ARTICLE 3. ENGINEER 3.01 The Project has been designed and engineered by WHPacific, Inc., an Alaska corporation dba NV5 (“Engineer”). 3.02 Engineer’s authorized representative for the Project is: Robert Beckman, PE, PTOE NV5 690 S. Industry Way, Suite 10 Meridian, Idaho 83642 Office: 208-275-8715 Direct: 630-200-7782 Email: robert.beckman@NV5.com ARTICLE 4. CONTRACT DATES 4.01 Time is of the Essence All Contract Dates are of the essence under this Contract. 4.02 Contract Dates (A) Notice to Proceed Not later than 30 days after Bid opening (B) Substantial Completion of the entire Work February 17,, 2022 (C) Final Completion Within thirty (30) days after Substantial Completion. Contractor acknowledges that the Contract Dates are critical to Developer and Agency. Contractor represents and warrants to Developer and Agency that the Contract Dates provide a reasonable time for Contractor to timely complete all of the Work for the applicable Contract Dates, and include time for delays by third parties, governmental agencies, unexpected events, winter weather and conditions, extreme weather and all other matters that affect the ability of Contractor to timely perform the Work other than Force Majeure (as defined in the General Conditions). Contractor is giving the foregoing representation and warranty to Developer and Agency to induce Developer to enter into this Agreement with Contractor, and Contractor agrees that Developer has relied on the foregoing representation and warranty and would not have entered into this Agreement without it. Contractor agrees that the Contract Dates will not be subject to any adjustment for any reason unless more than thirty (30) days of delay on the critical path are caused Construction Agreement Meridian Town Center Page 32 of 114 Offsite Improvements by Force Majeure (as defined in the General Conditions). Further, Contractor agrees that if Contractor fails to achieve Substantial Completion of the entire Work by the Contract Date specified, then Contractor will pay Two Thousand Five Hundred Dollars ($2,500) per day to Agency as liquidated damages for each day thereafter until Contractor achieves Substantial Completion of the entire Work. Contractor agrees that the liquidated damages represent a reasonable estimate of the actual damages that would likely be incurred by Agency due to Contractor’s failure to achieve Substantial Completion of the applicable Work by the Substantial Completion Deadline. ARTICLE 5. CONTRACT PRICE As full compensation for Contractor’s performance of the Work in accordance with the Contract Documents, Developer will pay Contractor, in the manner and at the times hereinafter provided, a fixed price of __________________________________________ (____________________), subject to additions and deletions (if any) as provided in the Contract Documents (the “Contract Price”). ARTICLE 6. PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments Contractor will submit Applications for Payment in accordance with Article 14 of the General Conditions. Engineer will process applications for Payment as set forth in the General Conditions. 6.02 Progress Payments; Retainage (A) Developer will make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment as set forth in the Contract Documents. All progress payments will be measured by the schedule of values established in Section 14.01 of the General Conditions (and in that case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. (i) Prior to Substantial Completion, progress payments will be made in an amount equal to ninety-five percent (95%) of Work completed (with the balance being retainage), but, in each case, less the aggregate of payments previously made and less any amounts as Engineer determines (or Developer may withhold), in accordance with Section 14.02 of the General Conditions. (ii) Upon Substantial Completion, Developer will pay an amount sufficient to increase total payments to Contractor to an amount equal to ninety-five percent (95%) of the Work completed, less any amounts as Engineer determines in accordance with Section 14.02 of the General Conditions. 6.03 Final Payment Upon final completion and acceptance of the Work in accordance with Section 14.07 of the General Conditions, Developer will pay the remainder of the Contract Price as recommended by Engineer as provided in Section 14.07 of the General Conditions. ARTICLE 7. INTEREST All moneys not paid when due as provided in Article 14 of the General Conditions will bear interest at the legal rate set by Idaho Code § 28-22-104(2). ARTICLE 8. CONTRACTOR’S REPRESENTATIONS In order to induce Developer to enter into this Agreement Contractor makes the following representations: (A) Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. Construction Agreement Meridian Town Center Page 33 of 114 Offsite Improvements (B) Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, and performance of the Work. (C) Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work. (D) Contractor has carefully studied all: (1) reports of exploration and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site. (E) Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise may affect the cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. (F) Contractor does not consider that any further examinations, investigations, tests, studies, or data are necessary for the performance of the Work at the Contract Price by the Contract Dates, and in accordance with the other terms and conditions of the Contract Documents. (G) Contractor is aware of the general nature of work to be performed by Developer and others at the Site that relates to the Work as indicated in the Contract Documents. (H) Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (I) Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. (J) The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9. CONTRACT DOCUMENTS 9.01 Contents (A) The Contract Documents consist of the following: (i) This Agreement; (ii) Performance Bond; (iii) Payment Bond; (iv) General Conditions; (v) Supplementary Conditions; (vi) All Special Provisions; (vii) The Drawings identified by Engineer; (viii) Addenda (if applicable); 1) Bid Addendum No. 1 dated [______________]; and 2) Bid Addendum No. 2 dated [______________]. (ix) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: Construction Agreement Meridian Town Center Page 34 of 114 Offsite Improvements 1) Written Amendments; 2) Work Change Directives; and 3) Change Order(s). (B) There are no Contract Documents other than those listed above in this Article 9. 9.02 The Contract Documents may only be amended, modified, or supplemented as provided in Article 3 of the General Conditions. ARTICLE 10. MISCELLANEOUS 10.01 Terms Terms used in this Agreement will have the meanings indicated in the General Conditions, Supplementary Conditions and Special Provisions. 10.02 Entire Agreement The Contract Documents set forth the full and complete understanding of Developer and Contractor relating to the subject matter hereof as of the Effective Date and supersedes any and all negotiations, agreements, understandings and representations made or dated prior thereto with respect to the subject matter hereof. 10.03 Amendments (A) The Contract may not be changed or amended orally. Any change or amendment of any term or provision of the Contract will only be effective if completed pursuant to Section 3.04 of the General Conditions . Any reference herein to “agreed by Developer”, “approved by Developer” or words of similar import will mean Developer’s agreement in writing. Contractor will treat any verbal authorization or direction for any change to be a directive to promptly prepare and deliver a proper change document consistent with the verbal authorization or direction to Developer’s authorized representative for review. (B) To the extent that any terms, conditions, qualifications or other provisions appearing on, attached to or related to any document provided to Developer by Contractor (including order acknowledgments, delivery tickets, invoices, price lists, shop drawings, samples, warranties, instructions or other documents) are inconsistent with the terms of this Agreement, whether or not the document is accepted, approved or consented to by Developer, the terms, conditions, qualifications or other provisions will not be binding on Developer unless the terms are expressly and conspicuously agreed by Developer. 10.04 Assignment of Contract (A) The Contract will inure to the benefit of and be binding upon the parties’ successors and permitted assigns. (B) In addition to the assignment rights set forth in the Supplementary Conditions, Developer may assign the Contract in whole or in part, conditionally or otherwise, without Contractor’s approval provided that the assignee is (a) an affiliate of Developer or the purchaser of the Project from Developer and (b) the assignee agrees in writing to be bound by the Contract upon acceptance of the assignment. Developer will immediately notify Contractor of any assignment. Any other assignment will require Contractor’s prior written consent, which consent will not be unreasonably withheld; provided, however, no assignment will relieve Developer of any duty or obligation under the Contract unless otherwise agreed in Contractor’s approval of the assignment. (C) Contractor may not assign this Agreement or any rights or obligations hereunder without Developer’s approval. Any assignment without Developer’s approval will be void. No assignment will relieve Contractor of any duty or obligation under this Agreement unless otherwise agreed in Developer’s approval of the assignment. Construction Agreement Meridian Town Center Page 35 of 114 Offsite Improvements (D) Contractor will not assign all or part of the monies due or to become due hereunder without Developer’s consent. Any assignment must expressly subordinate the rights of the assignee to (i) Developer’s rights under the Contract, (ii) payment of all Subcontractors, suppliers and laborers for Work performed and all materials and equipment furnished, consumed, used or rented in performance of the Work, (iii) payments of any amounts due to any jurisdiction over the Project or Contractor for Work performed, including sales/use taxes, fees and employment taxes and (iv) amounts payable to third parties for Work performance, including retirement contributions and worker’s compensation insurance premiums. [ end of text; signature page follows ] Construction Agreement Meridian Town Center Page 36 of 114 Offsite Improvements IN WITNESS WHEREOF, Developer and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Developer and Contractor. All portions of the Contract Documents have been signed or identified by Developer and Contractor, or by Engineer on their behalf. This Agreement will be effective on _____________________, ______ (the “Effective Date”). Developer MERIDIAN CENTERCAL, L.L.C., a Delaware limited liability company By: ___________________________ Name: ___________________________ Title: ___________________________ Contractor: [CONTRACTOR], [Contractor Entity Type] By: ___________________________ Name: ___________________________ Title: ___________________________ Notice to Proceed Meridian Town Center Page 37 of 114 Offsite Improvements NOTICE TO PROCEED Dated: [____________] TO: [Contractor] ADDRESS: CONTRACT: Construction Agreement Meridian Town Center – Offsite Improvements - Phase 3 Dated [____________] You are notified that you may commence with the Work on [_________ ____, 2019]. By that date, you are to start performing your obligations under the Contract Documents. The Contract Dates, including the dates of Substantial Completion and the date for readiness for final payment are as set forth in Article 4 of the Agreement. Before you may start any Work at the Site, you must comply with all requirements set forth in the Contract Documents that apply prior to the commencement of Work at the Site, including, but not limited to, those requirements set forth in Section 2.05 of the General Conditions. [ Insert additional requirements, if any ] MERIDIAN CENTERCAL, L.L.C., a Delaware limited liability company By: ____________________________________ Name: ____________________________________ Title: ____________________________________ ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged: By: __________________________________ this _______ day of _______________, ______. [CONTRACTOR], [Contractor Entity Type] By: ____________________________________ Name: ____________________________________ Title: ____________________________________ Copy to Engineer Change Order Meridian Town Center Page 39 of 114 Offsite Improvements CHANGE ORDER No. DATE OF ISSUANCE __________________ EFFECTIVE DATE Developer: Meridian CenterCal, L.L.C. Contractor: Project: Meridian Town Center – Offsite Improvements - Phase 3 Developer’s Contract No. ________________________ Engineer: ________________________ Engineer’s Contract No. ________________________ Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT DATES: Original Contract Price $______________________ Original Contract Dates: Net Increase (Decrease) from previous Change Orders No. _____ to _____: $______________________ Net change from previous Change Orders No. _____ to _____: Contract Price prior to this Change Order: $______________________ Contract Dates prior to this Change Order: Net Increase (Decrease) of this Change Order: $______________________ Net Increase (Decrease) of this Change Order: Contract Price with all approved Change Orders: $______________________ Contract Dates with all approved Change Orders: You are directed to make the above changes in the Contract Documents: RECOMMENDED APPROVED BY OWNER ** ACCEPTED By: By: By: Engineer Developer Contractor Date: Date: Date: ** Developer will not approve any Change Order without prior written approval of the Agency (STAR Agreement; Section 4.3). Work Change Directive Meridian Town Center Page 41 of 114 Offsite Improvements WORK CHANGE DIRECTIVE No. _______________ DATE OF ISSUANCE: _______________________________ EFFECTIVE DATE: _________________________ Developer: (Name, Address) _____________________________________________________________________________________________ Contractor: (Name, Address) _____________________________________________________________________________________________ CONTRACT: _____________________________________________________________________________________________ You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: (list documents supporting change) If Developer or Contractor believes that the above change has affected Contract Price, any claim for a Change Order based thereon will involve one of the following methods as defined in the Contract Documents. Method of determining change in Contract Price:  Unit Prices  Lump Sum  Cost of the Work ______________________________ Estimated increase (decrease) in Contract Price Estimated increase (decrease) in Contract Time: $__________________________. Substantial Completion: ________ days Ready for final payment: ________ days If the change involves an increase, the estimated amount and the estimated time is not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: _____________________________________ __________________________________________ Engineer Developer By: __________________________________ By: _ ______________________________________ Application for Payment Meridian Town Center Page 43 of 114 Offsite Improvements CERTIFICATE OF SUBSTANTIAL COMPLETION Developer: Meridian CenterCal, L.L.C. Attn: Lance Blackwood, Project Manager 13400 South Mountain View Corridor Riverton, Utah 84065 Contractor: Project: Meridian Town Center – Offsite Improvements - Phase 3 Meridian, Idaho Engineer’s Project No: _______ This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: [Insert description of Work for Substantial Completion] The Work to which this Certificate applies has been inspected by authorized representatives of Developer, Engineer, Contractor, and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive, and the failure to include an item in it does not alter the responsibility of Contractor to complete all the Work in accordance with the Contract Documents. The items in the tentative list must be completed or corrected by Contractor within [twenty (20)] days of the above date of Substantial Completion. From the date of Substantial Completion the responsibilities between Developer and Contractor for security, operation, safety, maintenance, utilities, insurance, and warranties and guarantees will be as follows: RESPONSIBILITIES Developer: Contractor: The following documents are attached to and made a part of this Certificate: Application for Payment Meridian Town Center Page 44 of 114 Offsite Improvements [For items to be attached, see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] Executed by Engineer on ______________________, ________ NV5 By: ________________________________________ (Authorized Signature) Contractor accepts this Certificate of Substantial Completion on _____________, _______ [Contractor], [Contractor Entity Type] By: ________________________________________ (Authorized Signature) Developer accepts this Certificate of Substantial Completion on _____________, _______ Meridian CenterCal, L.L.C., a Delaware limited liability company By: __________________________________________ (Authorized Signature) Certificate of Final Completion Meridian Town Center Page 45 of 114 Offsite Improvements CERTIFICATE OF FINAL COMPLETION Developer: Meridian CenterCal, L.L.C. Attn: Lance Blackwood, Project Manager 13400 South Mountain View Corridor Riverton, Utah 84065 Project: Meridian Town Center – Offsite Improvements - Phase 3 Work : _______________________________ The above Work of the Project to which this Certificate applies has been inspected by authorized representatives of Developer, Engineer, Contractor, Agencies and Engineer, and that Work of the Project is hereby declared to be final and complete in accordance with the Contract Documents. The Contractor’s three (3) year Correction Period will commence as of the date below. DATE OF FINAL COMPLETION: ACCEPTANCE BY: Developer: MERIDIAN CENTERCAL, L.L.C., a Delaware limited liability company By: Date: Contractor: [Contractor], [Contractor Entity Type] By: Date: Engineer: NV5 By: Date: Contractor’s Project Certification Meridian Town Center Page 47 of 114 Offsite Improvements CONTRACTOR’S PROJECT CERTIFICATION STATE OF IDAHO ) ) ss COUNTY OF ADA ) _________________________________________________, being duly sworn according to law, deposes and says that he is the (Title or Office) of (“Contractor”), of that certain Construction Agreement dated [_________________] between Contractor and Meridian CenterCal, L.L.C., a Delaware limited liability company (“Developer”) for construction of the Meridian Town Center – Offsite Improvements - Phase 3 project (the “Project”), and that s/he is authorized to and does make this certificate on behalf of Contractor. Affiant further states that Contractor has paid in full for all labor, materials, equipment, services and other matters provided or furnished on or for the Project. Affiant further states that Contractor has paid in full for all subcontractors or suppliers who provided labor, materials, equipment, services or other matters provided or furnished on or for the Project. Contractor agrees to indemnify, defend and save Developer harmless -from all liabilities, claims or lawsuits arising from or related to any labor, materials, equipment, services and other matters provided or furnished on or for the Project. DATED this __________________________ day of __________________, ______ _______________________________ Officer’s Signature _______________________________ (Officer’s Name) (Title) STATE OF IDAHO ) ) ss COUNTY OF _________ ) SUBSCRIBED AND SWORN to before me this _____ day of ____________, 20___. Notary Public My Commission expires General Conditions Meridian Town Center Page 49 of 114 Offsite Improvements GENERAL CONDITIONS General Conditions Meridian Town Center Page 50 of 114 Offsite Improvements - Phase 3 GENERAL CONDITIONS ARTICLE 1. DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms Wherever used in the Contract Documents and printed with initial capital letters or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. (1) ACHD – Ada County Highway District, a body politic and corporate of the State of Idaho. (2) Addenda – Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. (3) Agreement – The written Construction Agreement between Developer and Contractor for the Project. (4) Agency – Idaho Transportation Department (ITD) (5) 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 any supporting documentation as required by the Contract Documents. (6) Asbestos – Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above certain action levels established by the United States Occupational Safety and Health Administration. (7) Bid – The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. (8) Bidding Documents – The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). (9) Bidding Requirements – The requirements set forth in the Invitation for Bids, Instructions to Bidders and Bid Form. (10) Bonds – Performance and payment bonds and other instruments of security as may be required under the Bidding Documents or Contract Documents. (11) Change Order – A document recommended by Developer Representative and Engineer, which is signed by Contractor and Developer, to authorize an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Dates, issued on or after the Effective Date of the Agreement. (12) Claim – A demand or assertion by Developer or Contractor seeking an adjustment of Contract Price or Contract Dates, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. (13) Contract – The entire and integrated written agreement between Developer and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. (14) Contract Dates – As identified in Section 4.02 of the Agreement. (15) Contract Documents – The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda that pertain to the Contract Documents, Contractor’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award), the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Special Provisions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, and Engineer’s written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in herein are Contract Documents. Files in electronic media of text, data, graphics, and the like that may be furnished by Developer to Contractor are not Contract Documents. General Conditions Meridian Town Center Page 51 of 114 Offsite Improvements - Phase 3 (16) Contract Price – The moneys payable by Developer to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Section 11.03 in the case of Unit Price Work). (17) Contractor – The entity with whom Developer has entered into the Agreement. (18) Correction Period - See Section 13.07 for definition. (19) Cost of the Work – See Section 11.01 for definition. (20) Drawings – That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. (21) Effective Date of the Agreement – The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. (22) Engineer – The individual(s) or entity(ies) named as such in the Agreement. (23) Engineer’s Consultant – An individual or entity having a contract with Engineer to furnish services as Engineer’s independent professional associate or consultant with respect to the Project and who is identified as such in the Special Provisions. (24) Field Order – A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Dates. (25) Force Majeure – See Section 12.03(B) for definition. (26) General Conditions – These General Conditions, as the supplemented and amended by the Supplementary Conditions and Special Provisions. (27) General Requirements – Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. (28) Hazardous Environmental Condition – The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. (29) Hazardous Waste – The term Hazardous Waste will have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. (30) ITD – Idaho Transportation Department, an executive department of the State of Idaho. (31) Laws and Regulations; Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. (32) Liens – Charges, security interests, or encumbrances upon Project funds, real property, or personal property. (33) Notice of Award – The written notice by Developer to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, Developer will sign and deliver the Agreement. (34) Notice to Proceed – A written notice given by Developer to Contractor fixing the date on which Contractor will start to perform the Work under the Contract Documents. (35) Developer – The individual, entity, public body, or authority with whom Contractor has entered into the Agreement and for whom the Work is to be performed. (36) Engineer – The individual(s) or entity(ies) named as such in the Agreement.. (37) Partial Utilization – Use by Developer of a substantially complete part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of the Work. (38) PCBs – Polychlorinated biphenyls. (39) Petroleum – Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch General Conditions Meridian Town Center Page 52 of 114 Offsite Improvements - Phase 3 absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. (40) Project – The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. (41) Radioactive Material – Source, special nuclear, or byproduct materials as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. (42) Samples – Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portions of the Work will be judged. (43) Shop Drawings – All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. (44) Site – Lands or areas indicated in the Contract Documents as being upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Developer which are designed for the use of Contractor. (45) Special Provisions – The Special Provisions that amends or supplements the other Contract Documents. (46) Specifications – That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. (47) Subcontractor – An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. (48) 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 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 Work (or a specified portion thereof) will not be considered to be substantially complete until construction traffic control has been removed and the Work (or the specified portion thereof) can be safely used by the public for its intended purpose, despite the fact that some item or items remain uncompleted. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. (49) Supplementary Conditions – That part of the Contract Documents which amends and/or supplements the other Contract Documents. (50) Supplier – A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with a Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. (51) Underground Facilities – All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. (52) Unit Price Work – Work to be paid for on the basis of unit prices. (53) Work – The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing and incorporating all materials and equipment into such construction, all as required by, or reasonably inferable from, the Contract Documents. (54) Work Change Directive – A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Developer upon recommendation of Engineer ordering an addition, deletion, or revision in the Work, or responding to different or unforeseen subsurface or physical General Conditions Meridian Town Center Page 53 of 114 Offsite Improvements - Phase 3 conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Dates but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequent ly issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Dates. (55) Written Amendment – A written statement modifying the Contract Documents, signed by Developer and Contractor (upon recommendation of Engineer) on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly construction- related aspects of the Contract Documents. 1.02 Terminology (A) Intent of Certain Terms or Adjectives Whenever in the Contract Documents the terms “as allowed”, “as approved”, or terms of like effect or import are used, or 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 action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed 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 will 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 Section 9.10 or any other provision of the Contract Documents. The terms “will”, “must” and “will” have the same meaning, which is that the matter is mandatory. (B) Day. The word “day” will constitute a calendar day of 24 hours measured from midnight to the next midnight. (C) Defective The word “defective”, when modifying the word “Work” refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the recommendation for final payment by Engineer (unless responsibility for the protection thereof has been assumed by Developer at Substantial Completion in accordance with Section 14.04 and Section 14.05). (D) Furnish, Install, Perform, Provide (1) The word “furnish”, when used in connection with services, materials, or equipment, will 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, will mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. (3) The words “perform” or “provide”, when used in connection with services, materials, or equipment, will mean to furnish and install said services, materials, or equipment complete and ready for intended use. (4) When “furnish”, “install”, “perform”, or “provide”, is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. (E) Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. General Conditions Meridian Town Center Page 54 of 114 Offsite Improvements - Phase 3 ARTICLE 2. PRELIMINARY MATTERS 2.01 Delivery of Bonds When Contractor delivers the executed Agreements to Developer, Contractor will also deliver to Developer such Bonds as Contractor may be required to furnish. 2.02 Copies of Documents Developer will furnish to Contractor up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Dates; Notice to Proceed A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will Notice to Proceed be given later than the thirtieth day after the Effective Date of the Agreement, whichever is earlier, unless such Notice to Proceed is accepted by Contractor. 2.04 Starting the Work Contractor will start to perform the Work on the date identified in the Notice to Proceed. No Work will be done at the Site prior to the date identified in the Notice to Proceed. 2.05 Before Starting Construction (A) Contractor’s Review of Contract Documents: Before undertaking each part of the Work, Contractor will carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor will promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and will obtain a written interpretation or clarification (issued by Engineer) before proceeding with any Work affected thereby; however, Contractor will not be liable to Developer, Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. (B) Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor will submit to Engineer for its timely review: (1) a preliminary progress schedule indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Contract Dates. The preliminary progress schedule (and any updates thereto) must be consistent with the construction schedule that Contractor provided to Developer in Contractor’s Bid; (2) a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and (3) a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. The preliminary schedule of values must be consistent with the bid schedule that Contractor provided to Developer in Contractor’s Bid. (C) Evidence of Insurance – Before any work at the Site is started, Contractor and Developer will each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions or Special Provisions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Developer respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference Before any Work at the Site is started, a conference attended by Contractor, Engineer, ITD 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 Section 2.05(B), procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules General Conditions Meridian Town Center Page 55 of 114 Offsite Improvements - Phase 3 Unless otherwise provided in the Contract Documents, at least ten 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 Section 2.05.(B). Contractor will have an additional ten days to make corrections and resubmit the schedules. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer. (1) The progress schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Dates, and is consistent with the construction schedule submitted by Contractor to Developer in Contractor’s Bid (unless otherwise approved by Engineer). 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 therefore. (2) Contractor’s schedule of Shop Drawing and Sample submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. (3) Contractor’s schedule of values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work, and is consistent with the bid schedule provided by Contractor to Developer in Contractor’s Bid. ARTICLE 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent (A) The Contract Documents are complementary; what is called for by one is as binding as if called for 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. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for or show, at no additional cost to Developer. (C) Clarifications and interpretations of the Contract Documents will be issued by Engineer (in coordination with Engineer) as provided in Article 9. 3.02 Reference Standards (A) Standards, Specifications, Codes, Laws, and Regulations (1) Reference to standards, specifications, manuals, or codes of any technical society, organization, or associates, or to Laws or Regulations, whether such reference be specific or by implication, will mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. (2) No provision of any such standard, specification, manual or code, or any instruction of a Supplier will be effective to change the duties or responsibilities of Developer, Engineer or Contractor, or any of their subcontractors consultants, agents, or employees from those set forth in the Contract Documents, nor will any such provision or instruction be effective to assign to Developer, Engineer, or any of their’ s consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies (A) Reporting Discrepancies If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or if any standard, specification, manual or code, or of any instruction of any Supplier, Contractor will report it to Engineer in writing General Conditions Meridian Town Center Page 56 of 114 Offsite Improvements - Phase 3 at once. Contractor will not proceed with the Work affected thereby (except in an emergency as required by Section 6.16(A)) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Section 3.04; provided, however, that Contractor will not be liable to Developer, Engineer for failure to report any such conflict, error, ambiguity, or discrepancy unless Contractor knew or reasonably should have known thereof. (B) Resolving Discrepancies Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents will take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a) the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b) the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents (A) The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. (B) The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) Engineer’s approval of a Shop Drawing or Sample; or (iii) Engineer’s written interpretation or clarification. 3.05 Reuse of Documents Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under direct or indirect contract with Developer: (i) will not 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 Engineer’s Consultant, including electronic media editions; and (ii) will not reuse any of such Drawings, Specifications, other documents, or copies on extensions of the Project or any other project without written consent of Developer, Engineer and specific written verification or adaptation by Engineer. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein will preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands (A) Contractor acknowledges that the Site is the public right-of-way governed by ITD, and Contractor will become aware of the general and special restrictions related thereto, including those set forth in the Construction Documents. Contractor will be responsible for the location of Contractor’s staging and other activities (including, construction parking, setup, layout, storage and preparation). (B) Upon reasonable written request, Developer will furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed (other than any public rights-of-way) and Developer’s interest therein (if any) 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 will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions (A) Reports and Drawings: Section 2 of the Supplementary Conditions identify: General Conditions Meridian Town Center Page 57 of 114 Offsite Improvements - Phase 3 (1) those reports of explorations and tests of subsurface conditions at or contiguous to the Site that were used in preparing the Contract Documents; and (2) those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that were used in preparing the Contract Documents. (B) Use by Contractor of Technical Data Authorized: Contractor may use the “technical data” contained in such reports and drawings for general information about the Site, but such reports and drawings are not Contract Documents. Contractor may not rely upon or make any Claim against Developer, Engineer, or any of their Consultants with respect to: (1) the completeness of such reports or 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. 4.03 Differing Subsurface or Physical Conditions (A) Notice: If Contractor believes that any subsurface or physical condition at Site that is uncovered or revealed: (1) is of such a nature as to establish that any “technical data” identified in Section 4.02 is materially inaccurate; (2) is of such a nature as to require a change in the Contract Documents; (3) differs materially from that shown or indicated in the Contract Documents; and (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 will, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Section 6.16(A)), notify Developer, Developer’ Representative and Engineer in writing about such condition. Contractor will not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. (B) Review: After receipt of written notice as required by Section 4.03(A), Engineer will promptly review the pertinent condition, determine the necessity of Developer’s obtaining additional exploration or tests with respect thereto, and advise Developer in writing (with a copy to Contractor) of their findings and conclusions. (C) Possible Price and Contract Dates Adjustments (1) The Contract Price or the Contract Dates (subject to the terms and limitations of Section 12.03), or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a) Such condition must meet the categories described in Section 4.03(A); and b) With respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Sections 9.08 and 11.03; (2) Contractor will not be entitled to any adjustment in the Contract Price or Contract Dates if: a) Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Developer in respect of Contract Price and Contract Dates by the submission of a Bid or becoming bound under a negotiated contract; or General Conditions Meridian Town Center Page 58 of 114 Offsite Improvements - Phase 3 b) The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c) Contractor failed to give the written notice within the time and as required by Section 4.03(A). (3) If Developer and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Dates, or both, a Claim may be made therefore as provided in Section 10.05. However, Developer, Engineer, and their Consultants will not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities (A) Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Developer, Engineer by the owners of such Underground Facilities, or by others. Unless it is otherwise expressly provided in the Special Provisions: (1) Developer, Engineer will not be responsible for the accuracy or completeness of any such information or data; and (2) the cost of all of the following will be included in the Contract Price, and Contractor will have full responsibility for: a) reviewing and checking all such information and data, b) locating all Underground Facilities shown or indicated in the Contract Documents, c) coordination of the Work with the owners of such Underground Facilities, including Developer, during construction, and d) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. (B) Not Shown or Indicated: (1) If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor will, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Section 6.16(A)), identify the owner of such Underground Facility and give written notice to that owner and to Developer, Engineer. Construction Manager and Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor will be responsible for the safety and protection of such Underground Facility. (2) If Construction Manager and Engineer conclude that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment will be made in the Contract Price or Contract Dates (subject to the terms and limitations of Section 12.03), or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Developer and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contractor Price or Contract Dates, Developer or Contractor may make a Claim therefore as provided in Section 10.05. General Conditions Meridian Town Center Page 59 of 114 Offsite Improvements - Phase 3 4.05 Reference Points Developer will 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 will be responsible for laying out the Work, will protect and preserve the established reference points and property monuments, and will make no changes or relocations without the prior written approval of Developer. Contractor will 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 will be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site (A) Reports and Drawings: Reference is made to Section 2 of the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been used in the preparation of the Contract Documents. (B) Use by Contractor of Technical Data Authorized: Contractor may use the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Contractor may not rely upon or make any Claim against Developer, Engineer or any of their Consultants 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 conclusions drawn from any “technical data” or any such other data, interpretations, opinions or information. (C) Contractor will not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor will be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. (D) If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor will immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Section 6.16); and (iii) notify Developer, Engineer (and promptly thereafter confirm such notice in writing). Developer will promptly consult with Engineer concerning the necessity for Developer to retain a qualified expert to evaluate such condition or take corrective action, if any. (E) Contractor will not be required to resume Work in connection with such condition or in any affected area until after Developer has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Developer and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Dates, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefore as provided in Section 10.05. (F) If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Developer may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Developer and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Dates (subject to the terms and limitations of Section 12.03) as a result of deleting such portion of the Work, then either party may make a Claim therefore as General Conditions Meridian Town Center Page 60 of 114 Offsite Improvements - Phase 3 provided in Section 10.05. Developer may have such deleted portion of the Work performed by Developer’s own forces or others in accordance with Article 7. (G) To the fullest extent permitted by Laws and Regulations, Developer will indemnify and hold harmless Contractor, Subcontractors, Engineer, Engineer’s Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition provided that such Hazardous Environmental Condition (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work; and (ii) was not created by Contractor, Engineer, Engineer’s Consultants, or by anyone for whom any of the foregoing is responsible. Nothing in this Section 4.06(E) will obligate Developer to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence, and the negligence of any for who they may be responsible. (H) To the fullest extent permitted by Laws and Regulations, Contractor will indemnify and hold harmless Developer, ITD, Engineer, Engineer’s Consultants, 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 all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Section 4.06(F) will obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence, and the negligence of any for who they may be responsible. (I) The provisions of Sections 4.02, 4.03 and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the site. ARTICLE 5. BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds (A) Contractor will furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor’s obligations under the Contract Documents. These Bonds will remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor will also furnish such other Bonds as are required by the Contract Documents. (B) All bonds will be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and will be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. (C) If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Section 5.01(B), Contractor will within 20 days thereafter substitute another Bond and surety, both of which will comply with the requirements of Sections 5.01(B) and 5.02. 5.02 Licensed Sureties and Insurers (A) All Bonds and insurance required by the Contract Documents to be purchased and maintained by Developer or Contractor will be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverage’s so required. Such surety and insurance companies will also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. General Conditions Meridian Town Center Page 61 of 114 Offsite Improvements - Phase 3 5.03 Certificates of Insurance Contractor will deliver to Developer, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Developer or any other additional insured) which Contractor is required to purchase and maintain. Developer will deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Developer is required to purchase and maintain. 5.04 Contractor’s Liability Insurance (A) Contractor will purchase and maintain such liability and other insurance as is required by Section 11 of the Supplementary Conditions and as is otherwise appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: (1) claims under workers’ compensation, disability benefits, and other similar employee benefit acts; (2) claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; (4) claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or (ii) by any other person for any other reason; (5) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and (6) claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. (B) The policies of insurance so required by this Section 5.04 to be purchased and maintained will: (1) with respect to insurance required by Sections 5.04(A)(3) through 5.04(A)(6) inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) Developer, ITD, Engineer, Engineer’s Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom will be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds will provide primary coverage for all claims covered thereby; (2) include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; (3) include completed operations insurance; (4) include contractual liability insurance covering Contractor’s indemnity obligations under Sections 6.07, 6.11 and 6.20; (5) contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Developer, ITD and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by Contractor pursuant to Section 5.03 will so provide); (6) remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Section 13.07; and General Conditions Meridian Town Center Page 62 of 114 Offsite Improvements - Phase 3 (7) with respect to completed operations insurance, and any insurance coverage written on a claims- made basis, remain in effect for at least three (3) years after final payment (and Contractor will furnish Developer and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Developer and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 Developer’s Liability Insurance In addition to the insurance required to be provided by Contractor under Section 5.04, Developer, at Developer’s option, may purchase and maintain at Developer’s expense Developer’s own liability insurance as will protect Developer against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance (A) Unless otherwise provided in the Supplementary Conditions, Contractor will purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance will: (1) include the interests of Developer, ITD, Contractor, Subcontractors, Engineer, Engineer’s Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and will be listed as an additional insured; (2) be written on a Builder’s Risk “all-risk” or open peril or special causes of loss policy form that will at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and will insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; (3) include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); (4) cover materials and equipment stored at the Site or at another location that was agreed to in writing by Developer prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; (5) allow for partial utilization of the Work by Developer; (6) include testing and startup; (7) be maintained in effect until final payment is made, unless otherwise agreed to in writing by Developer, Contractor; and (8) contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Developer and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Section 5.07. (B) Contractor will purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interest of Developer, Contractor, Subcontractors, Engineer, Engineer’s Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and will be listed as an insured or additional insured. (C) Developer will not be responsible for purchasing and maintaining any property insurance specified in this Section 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. General Conditions Meridian Town Center Page 63 of 114 Offsite Improvements - Phase 3 5.07 Waiver of Rights Developer and Contractor intend that all policies purchased in accordance with Section 5.06 will protect Developer, Contractor, Subcontractors, Engineer, Engineer’s Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies will contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Developer and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, and other 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 caused of loss covered by such policies and any other property insurance applicable to the Work; and, in additional, waive all such rights against Subcontractors, Engineer, Engineer’s Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers will extend to the rights that any party making such waiver may have to the proceeds of insurance held by Developer as trustee or otherwise payable under any policy so issued. 5.08 Receipt and Application of Insurance Proceeds (A) Any insured loss under the policies of insurance required by Section 5.06 will be adjusted with Contractor and made payable to Contractor as fiduciary for the insureds, as their interest may appear, subject to the requirements of Section 5.08(B). Contractor will deposit in a separate account any money so received and will distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work will be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. (B) Contractor as fiduciary will have power to adjust and settle any loss with the insurers unless one of the parties in interest will object in writing within fifteen (15) days after the occurrence of loss to Contractor’s exercise of this power. If such objection be made, Contractor as fiduciary will make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Contractor as fiduciary will adjust and settle the loss with the insurers and, if required in writing by any party in interest, Contractor as fiduciary will give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace (A) If either Developer or Contractor has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party will so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Section 2.05(C). Developer and Contractor will each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party will notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and a Change Order will be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgement of Property Insurer (A) Contractor will coordinate any partial occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work (as provided in Section 14.05) with Contractor’s property insurance providers General Conditions Meridian Town Center Page 64 of 114 Offsite Improvements - Phase 3 so such providers have notice thereof and effected any changes in coverage necessitated thereby. The insurers providing the property insurance will consent by endorsement on the policy or policies, but the property insurance will not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6. CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence (A) Contractor will 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 will be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but Contractor will not be responsible for the negligence of Developer, Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Contractor will be responsible to see that the completed Work complies accurately with the Contract Documents. (B) At all times during the progress of the Work, Contractor will assign a project executive and competent resident project managers, superintendents and assistants thereto who will not be replaced without the approval of Engineer, except under extraordinary circumstances (such as any such person leaving the employment of Contractor and any affiliated entities). Unless approved by Engineer, all project executives, project managers, and superintendents must be same individuals identified in Contractor’s Bid. The superintendent will be Contractor’s representative at the site and will have authority to act on behalf of Contractor. All communications given to or received from the superintendent will be binding on Contractor. 6.02 Labor; Working Hours Contractor will provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. Contractor will at all times maintain good discipline and order at the Site. 6.03 Services, Materials, and Equipment (A) Unless otherwise specified in the General Requirements, Contractor will 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. (B) All materials and equipment incorporated into the Work will be as specified or, if not specified, will be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications will expressly run to the benefit of Developer. If required by Engineer, Contractor will furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment will be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule (A) Contractor will adhere to the progress schedule established in accordance with Section 2.07 as it may be adjusted from time to time as provided below. (1) Contractor will submit to Engineer for acceptance (to the extent indicated in Section 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Dates. Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. General Conditions Meridian Town Center Page 65 of 114 Offsite Improvements - Phase 3 (2) Proposed adjustments in the progress schedule that will change the Contract Dates will be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and “Or-Equals” (A) Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. (1) “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Section 6.05(A)(1), a proposed item of material or equipment will be considered functionally equal to an item so named if: a) in the exercise of reasonable judgment Engineer determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b) Contractor certifies that: (i) there is no increase in cost to Developer; and (ii) it will conform substantially, even with deviations to the detailed requirements of the item named in the Contract Documents. (2) Substitute Items a) If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Section 6.05(A)(1), it will be considered a proposed substitute item. b) Contractor will submit sufficient information to Engineer as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c) The procedure for review of substitute items will be as set forth in Section 6.05(A)(2)d), as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d) Contractor will first 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 will certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, whether or not 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 Developer for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs of redesign and claims of other contractors affected by any resulting change, all of which will General Conditions Meridian Town Center Page 66 of 114 Offsite Improvements - Phase 3 be considered in evaluating the proposed substitute item. Engineer may require Contractor to furnish additional data about the proposed substitute item. (B) Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method technique, sequence, or procedure of construction approved by Engineer. Contractor will submit sufficient information to Engineer to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by Engineer will be similar to that provided in Subsection 6.05(A)(2). (C) Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Sections 6.05(A) and 6.05(B). Engineer will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. (D) Special Guarantee: Developer may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. (E) Cost Reimbursement: Engineer will record time required by Engineer and Engineer’s Consultants in evaluating substitute proposed or submitted by Contractor pursuant to Sections 6.05(A)(2) and 6.05(B) and in making changes in the Contract Documents (or in the provisions of any other direct contract with Developer for work on the Project) occasioned thereby. Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor will reimburse Developer for the charges of Engineer and Engineer’s Consultants for evaluating each such proposed substitute. (F) Contractor’s Expense: Contractor will provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others (A) Contractor will not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Developer as indicated in Section 6.06(B)), whether initially or as a replacement, against whom Developer may have reasonable objection. Contractor will not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. (B) If the Contract Documents require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Developer in advance for acceptance by Developer by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof, Developer’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor will submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by Developer of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, will constitute a waiver of any right of Developer, Engineer to reject defective Work. (C) Contractor will be fully responsible to Developer, ITD, Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents will create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Developer, Engineer and any such Subcontractor, Supplier or other individual or entity, nor will it create any obligation on the part of Developer, Engineer to pay or to see to the payment General Conditions Meridian Town Center Page 67 of 114 Offsite Improvements - Phase 3 of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. (D) Contractor will be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. (E) Contractor will require all Subcontractors, Suppliers, or such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. (F) The divisions and sections of the Specifications and identifications of any Drawings will not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. (G) All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Developer, Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Section 5.06, the agreement between Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Developer, Engineer, Contractor, Engineer’s Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties (A) Contractor will 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 Developer, Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed by Developer in the Contract Documents. To the fullest extent permitted by Laws and Regulations, Contractor will indemnify and hold harmless Developer, Engineer, and Engineer’s Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits (A) Unless otherwise provided in the Supplementary Conditions or Special Provisions, Contractor will obtain and pay for all construction permits and licenses. Developer will assist Contractor, when necessary, in obtaining such permits and licenses. Contractor will pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Contractor will pay all charges of utility providers for connections to the Work, and Developer will pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations (A) Contractor will give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by the applicable Laws and Regulations, neither General Conditions Meridian Town Center Page 68 of 114 Offsite Improvements - Phase 3 Developer, Engineer nor Engineer will be responsible for monitoring Contractor’s compliance with any Laws or Regulations. (B) If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor will bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it will not be Contractor’s primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and Regulations, but this will not relieve Contractor of Contractor’s obligations under Section 3.03 (C) Changes in Laws and Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Dates. If Developer and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided in Section 10.05. 6.10 Taxes (A) Contractor will pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas (A) Limitation on Use of Site and Other Areas (1) Contractor will confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by the Contract Documents and Laws and Regulations (including, but not limited to, the areas for staging and other activities), and will not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor will assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. (2) Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor will promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. (3) To the fullest extent permitted by Laws and Regulations, Contractor will indemnify and hold harmless Developer, ITD, Engineer, Engineer’s Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Developer, ITD, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. (B) Removal of Debris During Performance of the Work: During the progress of the Work Contractor will keep the site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. (C) Cleaning: Prior to Substantial Completion of the Work Contractor will clean the Site and make it ready for utilization by Developer. At the completion of the Work Contractor will remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and will restore to the original condition all property not designated or alteration by the Contract Documents. (D) Loading Structures: Contractor will not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor will Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents General Conditions Meridian Town Center Page 69 of 114 Offsite Improvements - Phase 3 (A) Contractor will maintain in a safe place at the Site one (1) record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, Shop Drawings and as-builts will be delivered to Engineer for Developer. 6.13 Safety and Protection (A) Contractor will be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: (1) all persons on the Site or who may be affected by the Work: (2) all the Work and materials and equipment to be incorporated therein, whether in storage or of the Site; and (3) other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. (B) Contractor will 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 will erect and maintain all necessary safeguards for such safety and protection. Contractor will notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and will cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in Section 6.13(A)(2) or 6.13(A)(3) caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, will be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Developer or Engineer or Engineer’s Consultant, 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). Contractor’s duties and responsibilities for safety and for protection of the Work will continue until such time as all the Work is completed and Engineer has issued a notice to Developer and Contractor in accordance with Section 14.07(B) that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative (A) Contractor will designate a qualified and experienced safety representative at the Site whose duties and responsibilities will be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communications Programs (A) Contractor will be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws and Regulations. 6.16 Emergencies (A) In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor will 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. 6.17 Shop Drawings and Samples General Conditions Meridian Town Center Page 70 of 114 Offsite Improvements - Phase 3 (A) Contractor will submit Shop Drawings to Engineer for review and approval by Engineer in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as Engineer may require an in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Section 6.17(E). (B) Contractor will also submit Samples to Engineer for review and approval by Engineer in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Section 6.17(E). The numbers of each Sample to be submitted will be as specified in the Specifications. (C) Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to Engineer as required by Section 2.07, 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. (D) Submittal Procedures (1) Before submitting each Shop Drawing or Sample, Contractor will have determined and verified: a) All field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b) All materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c) All information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d) Contractor will also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings an Samples and with the requirements of the Work and the Contract Documents. (2) Each submittal will bear a stamp or specific written indication that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. (3) At the time of each submittal, Contractor will give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in written communication separate from the submittal; and, in addition, will cause a specific notation to be made on each Shop Drawing and Sample submitted to Engineer for review and approval of each such variation. (E) Review (1) Engineer will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to Engineer. 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) Review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. (3) Review and approval of Shop Drawings or Samples will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called General Conditions Meridian Town Center Page 71 of 114 Offsite Improvements - Phase 3 to Engineer’s and Engineer’s attention to each such variation at the time of each submittal as required by Section 6.17(D)(3) and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawings or Sample approval; nor will any approval by Engineer relieve Contractor from responsibility for complying with the requirements of Section 6.17(D)(1). (F) Resubmittal Procedures Contractor will make corrections required by Engineer and will return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. Contractor will direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work Contractor will carry on the Work and adhere to the progress schedule during all disputes with Developer. No Work will be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Section 15.04 or as Developer and Contractor may otherwise agree in writing. 6.19 Contractor’s General Warranty and Guarantee (A) Contractor warrants and guarantees to Developer, Engineer, and Engineer’s Consultants that all Work will be in accordance with the Contract Documents and will not be defective. 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. (B) Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents will 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 Developer of any progress or final payment; (3) the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Developer; (4) use or occupancy of the Work or any part thereof by Developer; (5) any acceptance by Developer or any failure to do so; (6) any review and approval of a Shop Drawing or Sample submittal or 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 Developer. 6.20 Indemnification To the fullest extent permitted by Laws and Regulations, Contractor will indemnify and hold harmless Developer, ITD, Engineer, Engineer’s Consultants, 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 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: (1) 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; and (2) is caused in whole or in part 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, regardless of whether or not General Conditions Meridian Town Center Page 72 of 114 Offsite Improvements - Phase 3 caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. (3) In any and all claims against Developer, ITD, Engineer or Engineer’s Consultants, or any of their respective consultants, agents, officers, directors, partners, or employees 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 hose acts any of them may be liable, the indemnification obligation under this Section 6.20 will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. (4) The indemnification obligations of Contractor under this Section 6.20 will not extend to the liability of Engineer and Engineer’s Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: a) the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or b) giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Communications (1) Contractor will keep Engineer fully informed of Contractor’s performance of the Work so Developer Representative can have timely and meaningful opportunities to review and input. Without limiting the generality of the foregoing sentence, Contractor will, as a matter of course, promptly provide Developer Representative with copies of material documents and information relating to the performance of the Work, including, meeting agendas, meeting minutes, material communications with third parties, etc. Contractor will provide the documents and information to Developer Representative in a manner that Developer Representative can readily identify and understand matters for action or decision by Developer, Engineer. Contractor will be readily available to consult with Developer, Developer Representative or Engineer (by telephone or in person), when reasonably requested by Developer Representative, regarding the progress of the Work, Contractor’s communications; pending matters for decision by Developer, Developer’ Representative or Engineer; and other matters. (2) Contractor will promptly notify Developer Representative of any actions or decisions required of Developer, Engineer for Contractor to timely and properly perform the Work, and any deadlines pertaining thereto to prevent delays in the Work. Whenever possible, the notice will be sufficiently in advance of any applicable deadline to allow the deciding party a reasonable time to consult with Contractor, consider alternatives and execute the action or decision. Contractor will consult with and advise Developer, Engineer with respect to any decisions. Contractor will clearly and conspicuously mark any urgent request for information or request for changes in the Work with the following phrase in bold and highlighted text: "Urgent - Please Respond by [Insert Desired Response Date]" and immediately bring the request to the personal attention of Engineer. (3) Contractor covenants, represents and warrants to Developer, Engineer that any documents, reports or information provided by Contractor (excluding third party reports) regarding this Agreement or Contractor’s performance of the Work (including invoices, applications for payment, schedules, completion reports, activity reports, Claims and other information) will, at the time provided, to be best of Contractor’s knowledge, information and belief after reasonable inquiry, if any, based on industry standards for contractors engaged in the construction of projects of similar scope and complexity: (a) be true and correct in all material respects; (b) not contain any untrue statement of material fact; and (c) not omit a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. If Contractor discovers that any document, report or information previously provided by Contractor General Conditions Meridian Town Center Page 73 of 114 Offsite Improvements - Phase 3 failed to comply with the foregoing sentence at the time it was provided, Contractor will promptly (i) notify Developer of the specific document, report or information in question, (ii) the nature of the failure to comply with the foregoing sentence and (iii) if known, the information that would have made the prior document, report or information comply with the foregoing sentence. 6.22 Contractor’s General Representations and Warranties Contractor makes the following express representations and warranties to Developer, which are continuing during the term of this Agreement and expressly made again at the execution of each Guaranteed Maximum Price Amendment. Contractor will promptly notify Developer if Contractor discovers any of Contractor’s representations or warranties are not true and correct in any material respect (either when initially made or any time thereafter). (1) (a) Contractor is a duly organized and validly entity existing under the laws of its state of origin and has all requisite legal power and authority to execute, deliver and perform this Agreement; (b) Contractor is properly licensed and registered by each Governmental Authority with jurisdiction over Contractor or the Work; (c) the execution, delivery and performance of this Agreement have been duly authorized by all requisite entity action of Contractor and there is no provision in its charter documents or other documents requiring further consent by any other person or entity; (d) this Agreement constitutes the legal, valid and binding obligation of Contractor, enforceable against Contractor in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, reorganization, moratorium or similar laws affecting or limiting creditors’ rights generally or by equitable principles relating to enforceability; and (e) Contractor is financially solvent, able to pay its debts as they mature and has sufficient working capital to complete its obligations under this Agreement. (2) Contractor has thoroughly and carefully examined the Contract Documents (as a construction contractor with expertise in examining and evaluating the suitability of documents for the construction of projects of the scope and nature of the Project, but not as a licensed design professional), and has found them to be complete, coordinated and suitable for construction of the Work for the Contract Price and in accordance with the then current Project Schedule, and otherwise for Contractor to timely and properly perform its obligations under this Agreement. Contractor agrees that Developer is relying, in part, on Contractor’s advice and expertise in evaluating the suitability of the Contract Documents for the construction of the Project. Contractor agrees that Contractor has not received, nor has Contractor relied upon, any representation or warranty from Developer, Engineer (express or implied), regarding the adequacy, fitness, suitability or constructability of the Contract Documents, as Developer is relying on Contractor’s expertise for those determinations. (3) Contractor has thoroughly and carefully examined the Contract Time and has found it to be complete and to provide suitable time for Contractor’s performance of the Work in accordance with this Agreement. (4) Contractor has the knowledge, skills, experience, education and staffing to perform its duties and obligations. The individual employees of Contractor who will perform services hereunder will be knowledgeable and experienced in the technical disciplines and services to be performed. (5) Contractor has (or will have as part of the Work) and will maintain all necessary licenses, permits, or other authorizations necessary to perform its duties and obligations under the Contract Documents, including, but not limited to, those necessary for the disposal of construction wastes, transportation of materials and equipment and other services to be performed by Contractor, and business, contractor and trade permits, registrations and licenses. (6) Contractor is familiar with the local and other conditions which may be material to Contractor’s performance of its obligations under the Contract Documents (including, but not limited to transportation, seasons and climates, access, the handling and storage of materials and fuel and availability and quality of labor and materials). Contractor has thoroughly and carefully examined the market conditions related to the Work, including the availability and pricing of materials, labor, supplies and all other things necessary for the performance of the Work and found them to be General Conditions Meridian Town Center Page 74 of 114 Offsite Improvements - Phase 3 adequate for Contractor to perform the Work as provided in the Contract Documents for no more than the Guaranteed Maximum Price. (7) Contractor represents, warrants and covenants that it is not and its controlling equity holders and executive officers are not persons or entities with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury (including those named on OFAC's Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Real Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and to its knowledge there are no investigations, claims or proceedings inconsistent with the foregoing. 6.23 Waiver of Consequential Losses and Damages Contractor waives and releases Developer, ITD, Engineer, Engineer’s Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all indirect or consequential claims, costs, losses, and damages arising out of or relating to the performance of the Work, including, without limitation, losses or damages for income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons. ARTICLE 7. OTHER WORK 7.01 Related Work at Site (A) Contractor acknowledges that Developer’s other contractors, utility owners, ITD, emergency service providers and others will be performing other construction and other activities on or near the Site. Contractor agrees that the Work includes the detailed and continuous coordination of the Work with the activities of such other activities in a manner that allows such activities to be reasonably performed concurrently with the Work. Such detailed and continuous coordination efforts will include, but not be limited to, the meeting, scheduling, coordination and cooperation obligations set forth in the Contract Documents. (B) Contractor will afford each other contractor, ITD and each utility owner (and Developer, if Developer is performing the other work with Developer’s employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and will properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, Contractor will 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 will not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Section are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Developer and such utility owners and other contractors. (C) If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor will inspect such other work and promptly report to Engineer and 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. ARTICLE 8. OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in these General Conditions, Developer will issue all communications to Contractor through Engineer. General Conditions Meridian Town Center Page 75 of 114 Offsite Improvements - Phase 3 8.02 Replacement of Engineer In case of termination of the employment of Engineer or, Developer will appoint an owner’s representative or engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents will be that of the former Engineer or. 8.03 Furnish Data Developer will promptly furnish the data required of Developer under the Contract Documents. 8.04 Pay Promptly When Due Developer will make payments to Contractor promptly when they are due as provided in Sections 14.02(C) and 14.07(C). 8.05 Lands and Easements; Reports and Tests Developer’s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Sections 14.01 and 14.05. Section 14.02 refers to Developer’s identifying and making available to Contractor copies of reports and explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been used in preparing the Contract Documents. 8.06 Insurance Developer’s responsibilities, if any, in respect to purchasing and maintaining liability insurance are set forth in Article 5. 8.07 Change Orders Developer is obligated to execute Change Orders as indicated in Section 10.03. 8.08 Inspections, Tests, and Approvals Developer’s responsibility in respect to certain inspections, tests, and approvals is set forth in Section 13.03(B). 8.09 Limitations on Developer’s Responsibilities The Developer will 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. Developer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition Developer’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Section 4.06. ARTICLE 9. STATUS OF OWNER’S REPRESENTATIVE AND ENGINEER DURING CONSTRUCTION 9.01 Engineer Engineer will be Engineer during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Engineer during construction are set forth in the Contract Documents and will not be changed without written consent of Developer, Engineer (which consent will not be unreasonably withheld, conditioned or delayed). 9.02 Visits to Site (A) Engineer and will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deem necessary in order to observe 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 Developer, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or General Conditions Meridian Town Center Page 76 of 114 Offsite Improvements - Phase 3 continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Developer’s 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 Developer informed of the progress of the Work and will endeavor to guard Developer against defective Work. (B) Engineer’s and Engineer’s visits and observations are subject to all the limitations on authority and responsibility set forth in Section 9.10, and particularly, but without limitation, during or as a result of the visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Clarifications and Interpretations (A) Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents as Engineer may determine necessary, which will be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on Developer and Contractor. If Developer and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Dates, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefore as provided in Section 10.05. 9.04 Authorized Variations in Work (A) Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Dates and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Developer and also on Contractor, who will perform the Work involved promptly. If Developer and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Dates, or both, as a result of a Field Order, a Claim may be made therefore as provided in Section 10.05. 9.05 Rejecting Defective Work (A) Engineer will have authority to disapprove or reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Section 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments (A) In connection with Engineer’s and Engineer’s authority as to Shop Drawings and Samples, see Section 6.17. (B) In connection with Engineer’s and Engineer’s authority as to Change Orders, see Article 10, Article 11, and Article 12. (C) In connection with Engineer’s and Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work (A) Engineer will determine the actual quantities and classifications of Unit Price Work (if any) performed by Contractor. Engineer will review with Contractor Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendations 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 Developer and Contractor, subject either party’s right to make a Claim pursuant to Section 10.05. General Conditions Meridian Town Center Page 77 of 114 Offsite Improvements - Phase 3 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work (A) Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Dates will be referred initially to Engineer in writing (though Engineer) in accordance with the provisions of Section 10.05, with a request for a decision. (B) When functioning as interpreter and judge under this Section 9.09, Engineer will not show partiality to Developer or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer (if authorized by Developer) pursuant to this Section 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the acceptance of final payment as provided in Section 14.07) will be a condition precedent to any exercise by Developer or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.09 Limitations on Engineer’s Authority and Responsibilities (A) Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. (B) Neither Engineer nor Engineer will 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) Neither Engineer nor Engineer will 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 and 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 Section 14.07(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 Section 9.09 will also apply to Engineer’s Consultants and assistants. ARTICLE 10. CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work (A) Without invalidating the Agreement and without notice to any surety, Developer may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor will promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). (B) If Developer and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Dates, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefore as provided in Section 10.05. General Conditions Meridian Town Center Page 78 of 114 Offsite Improvements - Phase 3 10.02 Unauthorized Changes in the Work (A) Contractor will not be entitled to an increase in the Contract Price or an extension of the Contract Dates with respect to any Work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Section 3.04, except in the case of an emergency as provided in Section 6.16 or in the case of uncovering Work as provided in Section 13.04(B). (B) Contractor agrees to treat any verbal request, authorization or direction for a change in the Work (or any communication of a similar import), and any written request, authorization or directive for a change in the Work that is not a Change Order or Work Change Directive (regardless of form), to be a directive to promptly prepare and deliver a Change Order or Work Change Directive proposal consistent with the request, authorization or direction to Engineer for review. Contractor agrees that Developer will be under no obligation to pay Contractor for any changes in the Work performed without a Change Order or Work Change Directive, and Contractor will hold Developer harmless from any loss, damage, claim or expense related to any changes in the Work performed without an executed Change Order or Work Change Directive. 10.03 Execution of Change Orders (A) When appropriate, Developer and Contractor will execute appropriate Change Orders (or Written Amendments) covering: (1) changes in the Work which are: (i) ordered by Developer pursuant to Section 10.01(A), (ii) required because of acceptance of defective Work under Section 13.08(A) or Developer’s correction of defective Work under Section 13.09, or (iii) agreed to by the parties; (2) changes in the Contract Price or Contract Dates which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and (3) changes in the Contract Price or Contract Dates which embody the substance of any written recommendation rendered by Engineer pursuant to Section 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such recommendation in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor will carry on the Work and adhere to the progress schedule as provided in Section 6.180. 10.04 Notification to Surety If notice 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 Dates) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor’s responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes (A) Notice: Claims must be initiated by notice to the other party and Engineer. Unless an earlier initiation is required under the Contract, Claims must be initiated within a reasonable time after occurrence of the event giving rise to such Claim or within a reasonable time after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Contractor acknowledges that Developer’s ability to investigate, remedy or mitigate Claims will be substantially prejudiced if Contractor does not initiate a Claim as soon as practical. Therefore, Contractor acknowledges that, as to claims by Contractor, “a reasonable time” will mean as soon as practical but in any event (a) before Contractor does anything to prejudice the of Developer, Engineer to investigate, remedy or mitigate such Claim, (b) no later than any specific time period otherwise set forth herein, or (c) no more than fourteen (14) days after the Contactor first recognizes or should have recognized the occurrence or condition giving rise to the Claim, whichever is earlier. (B) The responsibility to substantiate Claims will rest with the party making the Claim. All Claims by Contractor will be supported by such documentation as is reasonably sufficient for Developer, Engineer to determine the accuracy and appropriateness thereof. Such additional data will include, to the extent known or General Conditions Meridian Town Center Page 79 of 114 Offsite Improvements - Phase 3 through the exercise of reasonable diligence should be known at the time, at a minimum (a) a narrative of the specific acts, events, facts and circumstances giving rise to the Claim, (b) an detailed accounting of the amount of additional compensation, if any, requested by Contractor under the Claim; (c) an detailed accounting of the amount of additional time, if any, requested by Contractor; (d) an analysis that confirms not only that Contractor incurred the costs upon which the request for additional compensation is based and the delays upon which request for the additional time is based, but that the costs or delay claimed were actually a result of the act, event, circumstances or condition giving rise to the Claim, (e) an analysis confirming that this Agreement entitles Contractor to the additional compensation or additional time requested, (f) an analysis confirming that the Claim is not covered by insurance required of Contractor under this Agreement (whether or not Contractor actually maintained such insurance), and (f) supporting documentation sufficiently detailed to permit an informed analysis of the request by Developer, Engineer. Failure to provide such additional information and documentation, to the extent such information and documentation was reasonably available to Contractor, within the time allowed or within the format required will, to the extent Developer’s interests are prejudiced, constitute a waiver of Contractor’s Claim. (C) A Claim for an adjustment in Contract Price will be prepared in accordance with the provisions of Section 12.01(B). A Claim for an adjustment in the Contract Time will be prepared in accordance with the provisions of Section 12.02(B). Each Claim will be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party will submit any response to Engineer and the claimant within fourteen (14) days after receipt of the claimant’s last submittal (unless Engineer allows additional time). (D) Engineer’s Decision: If authorized by Developer, Engineer will render a formal decision on a Claim in writing within a reasonable time after receipt of the Claim and the response of the opposing party, if any. Engineer’s written decision on such Claim, dispute, or other matter will be final and binding upon Developer and Contractor unless a written notice of intention to appeal from Engineer’s written decision is delivered by Developer or Contractor to the other and to Engineer within fourteen (14) days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction, within fifty (50) days after Substantial Completion (unless otherwise agreed in writing by Developer and Contractor), to exercise such rights or remedies as the appealing party may have with respect to such Claim in accordance with applicable Laws and Regulations. (E) If Engineer is authorized by Developer to render a formal decision and does not render a formal decision in writing within thirty (30) days after receipt of the Claim and the response of the opposing party, if any, a decision denying the Claim in its entirety will be deemed to have been issued 31 days after receipt of the Claim and the response of the opposing party, if any. (F) No Claim for an adjustment in Contract Price or Contract Dates will be valid if not submitted in accordance with this Section 10.05. ARTICLE 11. COST OF WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work (A) Costs Included: The term “Cost of the Work” means the sum of the costs, except those excluded in Section 11.01(B), that are necessarily incurred and paid by Contractor in the proper performance of the specified Work to be performed on a Cost of the Work basis. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional (or saved) or incremental costs required (or avoided) because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Developer, such costs will be in amounts no higher than those prevailing in the locality of the Project, will include only the following items, and will not include any of the costs itemized in Section 11.01(B). For this Article 11, the phrase “the Work” means the portion of the Work to be performed on a Cost of the Work basis. (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 Developer and Contractor. Such employees will include General Conditions Meridian Town Center Page 80 of 114 Offsite Improvements - Phase 3 without limitation superintendents, forepersons, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs will include salaries and wages plus the cost of fringe benefits, which will include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Developer. (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 will accrue to Contractor unless Developer deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Developer. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment will accrue to Developer, and Contractor will make provisions so that they may be obtained. (3) Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Contractor will use its best efforts to secure Work to be performed by Subcontractors for a price and on terms not greater than those prevailing at the Project. If requested by Developer, Contractor will obtain competitive bids from subcontractors acceptable to Developer and Contractor and will deliver such bids to Developer, 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 will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Section 11.01. (4) Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors) 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 Developer with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or party will 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, 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 Section 5.06(C)) 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 will include settlements, made with the written consent and approval of Developer. No such, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee. General Conditions Meridian Town Center Page 81 of 114 Offsite Improvements - Phase 3 g) The cost of utilities, fuel, and sanitary facilities at the Site. h) Minor expenses such as long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i) The cost of premiums for all Bonds and insurance Contractor is required by the Contract Documents to purchase and maintain for the Work. All Costs of the Work must be reasonable, customary and necessarily incurred by Contractor in the proper performance of the covered Work. Contractor bears the burden of properly documenting and establishing the reasonableness and appropriateness of any cost that Contractor claims to be part of the Cost of the Work. Where any cost is subject to Developer’s approval, Contractor must obtain Developer’s specific approval of the cost prior to incurring the cost. Costs of the Work must be separately itemized and separately supported in Contractor’s invoices, and all Costs for any Change Order, Work Change Directive or Claim must be separately itemized and supported. Contractor will exercise controls as may be necessary for proper financial management of the Cost of the Work in accordance with Contractor’s duties under the Agreement and best industry practices. Contractor will contemporaneously maintain full, detailed and well-organized accounts (in accordance with generally accepted accounting principles and best practices consistently applied) and records related to the Cost of the Work such that Developer can easily identify each cost included in the Cost of the Work and the documents and information in the records that substantiate the cost. Contractor will afford Developer with full access to (during normal business hours), and will permit Developer to audit and copy, Contractor's records and accounts relating to any Work performed on a Cost of the Work basis. Contractor will preserve these records for a period of five (5) years after Final Payment or termination of this Agreement or for any longer period as may be required by law. Contractor will not be entitled to any reimbursement for expenses incurred by Contractor for access, audit and copying of Contractor's records, as Contractor agrees as part of its duties and obligations under this Agreement to keep its accounts and records in a format and condition that allows them to be easily and conveniently inspected, audited and copied by Developer without delay and without causing Contractor to incur material expense. (B) Costs Excluded: The term Cost of the Work will not include any of the following items: (6) Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Section 11.01(A)(1) or specifically covered by Section 11.01(A)(4), all of which are to be considered administrative costs covered by Contractor’s fee. (7) Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. (8) Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. (9) 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. (10) Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Sections 11.01(A) and 11.01(B). (C) Contractor’s Fee: When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee will be determined as set forth in Section 12.01(C). General Conditions Meridian Town Center Page 82 of 114 Offsite Improvements - Phase 3 (D) Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Sections 11.01(A) and 11.01(B), Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Cash Allowances (A) It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and will cause the Work so covered to be performed for such sums as may be acceptable to Developer, Engineer. Contractor agrees that: (1) the allowances include the costs 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 costs, overhead, profit, and other expenses contemplated for the 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. (B) 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 will be correspondingly adjusted. 11.03 Unit Price Work (A) When any Work in by a Change Order is covered by unit prices, or when a Claim for an adjustment in Contract Price is determined on the basis of unit prices, the compensation to Contractor for such Work will be only the applicable unit prices (unless Developer and Contractor agree otherwise). Determinations of the actual quantities and classifications of such Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Section 9.08. (B) 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. ARTICLE 12. CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT DATES 12.01 Change of Contract Price (A) The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price will be based on written notice submitted by the party making the claim to the Engineer and the other party to the Contract in accordance with the provisions of Section 10.05. (B) The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: (1) where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Section 11.03). Unit prices breakdowns identified on the Bid are unit prices for purposes of the Contract Documents; or (2) where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Section 12.01(C)(2)); or (3) where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Section 12.01(B)(2), on the basis of the Cost of the Work (determined as provided in Section 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Section 12.01(C)). (C) Contractor’s Fee: The Contractor’s fee for overhead and profit will be determined as follows: (1) a mutually acceptable fixed fee; or General Conditions Meridian Town Center Page 83 of 114 Offsite Improvements - Phase 3 (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 Sections 11.01(A)(1) and 11.01(A)(2), Contractor’s fee will be fifteen percent (15%); b) for costs incurred under Section 11.01(A)(3), Contractor’s fee will be five percent (5%); 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 Section 12.01(C)(2)a) is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of fifteen percent (15%) of the costs incurred by such Subcontractor under Sections 11.01(A)(1) and 11.01(A)(2) and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor; d) no fee will be payable on the basis of costs itemized under Sections 11.01(A)(4), 11.01(A)(5) and 11.01(B); e) the amount of credit to be allowed by Contractor to Developer 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 will be computed on the basis of the net change in accordance with Sections 12.01(C)(2)a) through 12.01(C)(2)e), inclusive. 12.02 Change of Contract Dates (A) The Contract Dates may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Dates will be based on written notice submitted by the party making the claim to Engineer and the other party to the Contract in accordance with the provisions of Section 10.05. (B) Any adjustment of the Contract Dates covered by a Change Order or of any Claim for an adjustment in the Contract Dates will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond Contractor’s Control (A) Where Contractor is prevented from completing any part of the Work by the Contract Dates by Force Majeure, the Contract Dates will be extended in an amount equal to the time lost due to such delay if a Claim is made therefore as provided in Section 12.02(A). As a condition precedent to making any Claim for delay, Contractor will specifically notify Developer of (a) the specific events or occurrences that Contractor claims to be causing the prevention or delay of Contractor’s performance, (b) if known to Contractor, the party or parties that Contractor believes to be responsible for such events or occurrences, and (c) if known to Contractor, what actions Developer can take to avoid or overcome such events or occurrences and mitigate the impacts therefrom. Contractor will not be entitled to make any Claim for any impacts on Contractor’s performance occurring prior to the delivery of the foregoing notice to Developer. Upon receipt of an impact notice hereunder from Contractor, Developer will promptly use commercially reasonable efforts to cure impacts that are Developer’s responsibility, will keep Contractor reasonably informed of such efforts and coordinate such efforts with Contractor. (B) “Force Majeure” will mean acts, events or occurrences beyond the reasonable control of Contractor which delay or otherwise prevent Contractor from timely performing its obligations under this Contract (other than an obligation to pay money), including fires, floods, epidemics, earthquakes and other similar acts of God; quarantine, blockade, war, insurrection or civil strife; strikes or labor disputes for a regional or national level that does not involve labor employed by Contractor, any Subcontractor or any sub- subcontractor; sabotage; refusal or failure of governmental authorities to grant necessary permits and approvals for the Work through no fault of Contractor; unreasonably delays or interference caused by any default of Developer’s obligations under the Contract Documents by Engineer (but first subject to notice and cure periods identified in Section 12.06(B)); differing subsurface or physical conditions or underground facilities (see Article 4); and other similar acts, events or occurrences, but only to the extent such acts, events or occurrences are beyond the reasonable control of Contractor despite its prudent and General Conditions Meridian Town Center Page 84 of 114 Offsite Improvements - Phase 3 diligent efforts to prevent, avoid, delay or mitigate such acts, events or occurrences. Force Majeure does not include acts, events or occurrences that (1) are the result of willful or negligent actions or inactions of either Party; (2) do not have a real, quantifiable and adverse impact on the performance of Contractor; or (3) would not ordinarily cause the same adverse impact on the performance of a diligent contractor performing work of the same nature of the affected Work. Force Majeure does not include seasonal adverse weather (e.g., extreme cold, snow, ice and other winter conditions), as the effects of seasonal adverse weather have already be included in setting of the Contract Dates. 12.04 Delays Within Contractor’s Control (A) The Contract Dates will not be extended due to delays within the control of Contractor or that are not due to Force Majeure. Delays attributable to and within the control of a Subcontractor or Supplier will be deemed to be delays within the control of Contractor. 12.05 Delays Beyond Developer’s and Contractor’s Control (A) Where Contractor is prevented from completing any part of the Work within the Contract Dates due to Force Majeure, an extension of the Contract Dates in an amount equal to the time lost due to such delay will be Contractor’s sole and exclusive remedy for such delay; provided, however, the Contract Dates include an allowance for thirty (30) days of delay on the critical path caused by Force Majeure, and Contractor will not be entitled to any adjustment of the Contract Dates until the thirty (30) day allowance has been exhausted by prior delays on the critical path. 12.06 Delay Damages (A) In no event will Developer, Engineer be liable to Contractor, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: (1) delays caused by or within the control of Contractor; or (2) delays beyond the control of Developer, including but not limited to fires, floods, epidemics, extreme weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. (B) Nothing in this Section 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate Contractor for Costs of the Work reasonably incurred due to unreasonable delay or unreasonable interference directly attributable to actions or inactions of Developer, Engineer; provided, however, Contractor may not make a Claim for any impacts on Contractor’s performance (1) that Contractor could not reasonably have been expected to avoid, overcome or mitigate through the exercise of due foresight and reasonable due diligence or (b) that occur prior to a five business day cure period after Developer’s receipt of Contractor’s notice of the delay or interference (which notice must specify the cause, nature and impact of the delay or interference). ARTICLE 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects (A) Prompt notice of all defective Work of which Developer, Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work (A) Developer, Engineer, Engineer’s Consultants, Agency, Agency’s representatives, other representatives and personnel of Developer, independent testing laboratories, and governmental agencies with jurisdiction or interest will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor will provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections General Conditions Meridian Town Center Page 85 of 114 Offsite Improvements - Phase 3 (A) Contractor will give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and will cooperate with inspection and testing personnel to facilitate required inspections or tests. (B) Developer will employ and pay for the service of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: (1) for inspections, tests, or approvals covered by Sections 13.03(C) and 13.03(D) below; (2) that costs incurred in connection with tests or inspections conducted pursuant to Section 13.04(B) will be paid as provided in said Section 13.04(B); and (3) as otherwise specifically provided in the Contract Documents. (C) If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor will assume full responsibility or 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 will be responsible for arranging and obtaining and will pay all costs in connection with any inspections, test, or approvals required for acceptance (by Developer, Engineer) of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals will be performed by organizations acceptable to Developer, Engineer. (E) If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. (F) Uncovering Work as provided in Section 13.03(E) will be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work (A) If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s and Engineer’s observation and replaced at Contractor’s expense. (B) If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at the request of Engineer, will uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, Contractor will pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Developer will be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Developer may make a Claim therefore as provided in Section 10.05. If, however, such Work is not found to be defective, Contractor will be allowed an increase in the Contract Price or an extension of the Contract Dates, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefore as provided in Section 10.05. 13.05 Developer 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, Developer may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Developer to stop the Work will not give rise to any duty on the part of Developer to exercise this right for the benefit of Contractor, any General Conditions Meridian Town Center Page 86 of 114 Offsite Improvements - Phase 3 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work (A) Contractor will correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor will pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period (A) If within three (3) years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Developer or permitted by Laws and Regulations as contemplated in Section 6.11(A) is found to be defective, Contractor will promptly, without cost to Developer and in accordance with Developer’s written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by Developer, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Developer may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. (B) 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 or by Written Amendment. (C) Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Section 13.07 within the Correction Period, the Correction Period with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. (D) Contractor’s obligations under this Section 13.07 are in addition to any other obligation or warranty. The provisions of this Section 13.07 will not be constructed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work (A) If, instead of requiring correction or removal and replacement of defective Work, Developer prefers to accept it, Developer may do so. Contractor will pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Developer’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s and Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Developer will be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Developer may make a Claim therefore as provided in General Conditions Meridian Town Center Page 87 of 114 Offsite Improvements - Phase 3 Section 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Developer. 13.09 Developer May Correct Defective Work (A) If Contractor fails within a reasonable time after written notice to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Section 13.06(A), or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Developer may, after seven days written notice to Contractor, correct and remedy any such deficiency. (B) In exercising the rights and remedies under this Section, Developer will proceed expeditiously. In connection with such corrective and remedial action, Developer may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Developer has paid Contractor but which are stored elsewhere. Contractor will allow Developer, Engineer, agents and employees, Developer’s other contractors, and Engineer and Engineer’s Consultants access to the Site to enable Developer to exercise the rights and remedies under this Section. (C) All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Developer in exercising the rights and remedies under this Section 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Developer will be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Developer may make a Claim therefore as provided in Section 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. (D) Contractor will not be allowed an extension of the Contract Dates because of any delay in the performance of the Work attributable to the exercise by Developer of Developer’s rights and remedies under this Section 13.09. ARTICLE 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The schedule of values established as provided in Section 2.070 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments (A) Applications for Payments (1) On or about the first business day of each month, Contractor will 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, including conditional lien releases in the form approved by Developer for all payments requested by Contractor, Subcontractor and any supplier of materials, equipment or services. Unless otherwise approved by Developer, such lien releases will be in the form identified in Section 40 of the Supplementary Conditions. 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 will also be accompanied by a bill of sale, invoice, or other documentation warranting that Developer 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 and other arrangements to protect Developer’s interest therein, all of which must be satisfactory to Developer. General Conditions Meridian Town Center Page 88 of 114 Offsite Improvements - Phase 3 (2) Contractor’s submission of an Application for Payment will be Contractor’s express representation and warranty to Developer, Engineer that, except as conspicuously stated in the application for payment in sufficient detail to be a meaningful disclosure: (a) Contractor properly paid all Subcontractors and anyone who provided labor, materials, equipment or services relating to all Work applicable to all prior payments from Developer; (b) no later than payment of the application by Developer, all Work covered by the application will be free and clear of liens, claims, security interests or encumbrances in favor of Contractor, Subcontractors or other persons or entities making a claim by reason of having provided labor, materials, equipment or services relating to the Work (except with respect to retainage held by Developer); (c) there have been no changes to the Work except pursuant to executed Change Orders and Change Directives; and (d) to the best of Contractor’s knowledge, information and belief after reasonable inquiry, if any, based on industry standards for contractors engaged in the construction of projects of similar scope and complexity: (i) the Work has progressed in accordance with the Project Schedule; (ii) Contractor is not in default of its obligations under this Agreement, and no event or circumstances has occurred that, but for a notice or the passage of time, would be a Contractor default; (iii) neither Contractor nor any Subcontractor is in material default of any Subcontract; and (iv) all of Contractor’s representations and warranties remain true and correct in all material respects. Contractor agrees that Developer, Engineer will by relying on the true and accuracy of Contractor’s representations and warranties herein in reviewing and paying Contractor’s applications for payment. Contractor will promptly notify Developer if Contractor discovers that any representation or warranty was not true and correct in all material respects at the time made. (3) Beginning with the second Application for Payment, each Application will include (a) 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, and (b) unconditional lien releases in the form approved by Developer for all previous progress payments by Contractor, Subcontractors and any supplier of materials, equipment or services. (4) The amount of retainage with respect to progress payments will be as stipulated in the Agreement. (B) Review of Applications (1) Engineer will, within five (5) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Developer or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor will immediately make the necessary corrections and resubmit the Application, it being understood that Developer must have an accurate, complete and approved Application for Payment immediately thereafter in order to make payment on the date indicated in Section 14.02(C). Contractor’s acknowledges and agrees that its failure to deliver an accurate and complete Application for Payment to Engineer each month may result in the payment thereon being delayed for one (1) month. (2) Engineer’s and Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Developer, based on Engineer’s and Engineer’s observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer’s and Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of their knowledge, information and belief: a) The Work has progressed to the point indicated; b) The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Section 9.08, and to 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 and Engineer’s responsibility to observe the Work. General Conditions Meridian Town Center Page 89 of 114 Offsite Improvements - Phase 3 (3) By recommending any such payment, neither Engineer nor Engineer will thereby be deemed to have represented that: (i) 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 Documents; or (ii) that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Developer or entitle Developer to withhold payment to Contractor. (4) Neither any review of Contractor’s Work for the purposes of recommending payments nor any recommendation of any payment, including final payment, will impose responsibility on Engineer to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work. Additionally, any review or recommendation will not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to Developer free and clear of any Liens. (5) Engineer may refuse to recommend the whole or any part of any payment if, in their opinion, it would be incorrect to make the representations to Developer referred to in Section 14.02(B)(2). Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in their opinion to protect Developer from loss because; a) The Work is defective, or completed Work has been damaged, requiring correction or replacement; b) The Contract Price has been reduced by Written Amendment or Change Orders; c) Developer has been required to correct defective Work or complete Work in accordance with Section 13.09; or d) Engineer has actual knowledge of the occurrence of any of the events enumerated in Section 15.02(A). (C) Payment Becomes Due (1) Provided that Contractor submits an accurate and complete Application for Payment as required by this Article 14, the amount recommended by Engineer will (subject to the provisions of Section 14.02(D)) become due, and when due will be paid by Developer to Contractor, thirty (30) days following the receipt of the Application for Payment. (D) Reduction in Payment (1) Developer may refuse to make payment of the full amount recommended by Engineer because; a) Claims have been threatened or made against Developer on account of Contractor’s performance or furnishing of the Work; b) Liens have been threatened or filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Developer to secure the satisfaction and discharge of such Liens; c) There are other items entitling Developer to a set-off against the amount recommended; or d) Developer has actual knowledge of the occurrence of any of the events enumerated in Sections 14.02(B)(5)a) through 14.02(B)(5)c) or Section 15.02(A). (2) If Developer refuses to make payment of the full amount recommended by Engineer, Developer must give Contractor prompt written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. General Conditions Meridian Town Center Page 90 of 114 Offsite Improvements - Phase 3 Developer will promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Developer and Contractor, when Contractor corrects to Developer’s satisfaction the reasons for such action. (3) If it is subsequently determined that Developer’s refusal of payment was not justified, the amount wrongfully withheld will be treated as an amount due as determined by Section 14.02(C)(1). 14.03 Contractor’s Warranty of Title (A) Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Developer not later than the time of payment free and clear of all Liens. 14.04 Substantial Completion (A) When Contractor considers the entire Work ready for its intended use Contractor will notify Developer, Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. Promptly thereafter, Developer, ITD, Contractor, Engineer will make a pre-final inspection of the Work to determine the status of completion. If Engineer do not consider the Work substantially complete, Engineer will so notify Contractor in writing giving the reasons therefore. If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Developer a tentative certificate of Substantial Completion which will fix the date of Substantial Completion. There will be attached to the certificate a tentative list of items to be completed or corrected before final payment. Developer will have seven (7) days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, then Engineer will within 14 days after submission of tentative certificate to Developer notify Contractor in writing, stating the reasons therefore. If, after consideration of Developer’s objections, Engineer considers the Work substantially complete, the Engineer will within said 14 days execute and deliver to Developer and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believe justified after consideration of any objections from Developer. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Developer and Contractor a written recommendation as to division of responsibilities pending final payment between Developer and Contractor with respect to security, operations, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Developer and Contractor agree otherwise in writing and so inform Engineer in writing prior to the issuing of the definitive certificate of Substantial Completion, Engineer’s and Engineer’s aforesaid recommendation will be binding on Developer and Contractor until final payment. (B) Developer will have the right to exclude Contractor from the Site after the date of Substantial Completion, but Developer will allow Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization (A) Contractor acknowledges that certain portions of the Work will be subject partial use prior to Substantial Completion as set forth in the Contract Documents. Contractor agrees that the Work includes the coordination of such partial use with the Work in a manner that allows such partial use to be reasonably performed concurrently with the Work. Such coordination efforts will include, but not be limited to, the meeting, scheduling, coordination and cooperation obligations set forth in the Contract Documents. (B) Except for partial use identified in Section 14.05(A), use by Developer at Developer’s option of any substantially completed part of the Work that can be used by Developer for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, may be accomplished subject to the following conditions: (1) Developer at any time may request Contractor in writing to permit Developer to use any such part of the Work which Developer believes to be ready for its intended use and substantially complete. If Contractor agrees that such part of the Work is substantially complete, Contractor will certify to General Conditions Meridian Town Center Page 91 of 114 Offsite Improvements - Phase 3 Developer, Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for the part of the Work. Contractor at any time may notify Developer, Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of substantial Completion for that part of the Work. Within a reasonable time after either such request, Developer, Contractor, Engineer will make an inspection of that part of the Work to be substantially complete, Engineer will make an inspection of that part of the Work to determine its status of completion. If Engineer do not consider that part of the Work to be substantially complete, then Engineer will notify Developer and Contractor in writing giving the reasons therefore. If Engineer considers that part of the Work to be substantially complete, the provisions of Section 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.06 Final Inspection Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Developer, ITD and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor will immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment (A) Application for Payment (1) After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents, Contractor may make application for final payment following the procedure for progress payments. (2) The final Application for Payment will be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Subsection 5.04(B)(7); (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (which will be in the final forms identified in “Lien Release Forms” section of the Supplementary Conditions or other form satisfactory to Developer) of all Lien rights arising out of or Liens filed in connection with the Work. (3) In lieu of the releases or waivers of Liens specified in Section 14.07(A)(2) and as approved by Developer, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the conditional releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Developer or Developer’s property might in any way be responsible 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 Developer to indemnify Developer against any Lien. (B) Review of Application and Acceptance (1) If, on the basis of Engineer’s and Engineer’s observation of the Work during construction and final inspection, and Engineer’s 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 Documents have been fulfilled, the Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Developer for payment. At the same time Engineer will also give written notice to Developer and Contractor that the Work is acceptable subject to the provisions of Section 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to General Conditions Meridian Town Center Page 92 of 114 Offsite Improvements - Phase 3 recommend final payment, in which case Contractor will make the necessary corrections and resubmit the Application for Payment. (C) Payment Becomes Due (D) Thirty days after the presentation to Developer of the Application for Payment and accompanying documentation, the amount recommended by Engineer will become due and, when due, will be paid by Developer to Contractor. 14.08 Final Completion Delayed If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Developer will, upon receipt of Contractor’s final Application for Payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Developer for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Section 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted will be submitted by Contractor to Engineer with the Application for such payment. Such payment will be made under the terms and conditions governing final payment, except that it will not constitute a waiver of Claims. The remaining balance of any sum included in the final Application for payment but held by Developer for Work not fully completed and accepted will become due when the Work is fully completed and accepted. 14.09 Waiver of Claims Contractor’s acceptance of final payment will constitute a waiver of all Claims by Contractor against Developer other than those previously made in writing which are still unsettled. ARTICLE 15. SUSPENSION OF WORK AND TERMINATION 15.01 Developer May Suspend Work At any time and without cause, Developer may suspend the Work or any portion thereof for a period of not more than ninety (90) consecutive days by notice in writing to Contractor, Engineer which will fix the date on which Work will be resumed. Contractor will resume the Work on the date so fixed. Contractor will be allowed an adjustment in the Contract Price or an extension of the Contract Dates, or both, directly attributable to any such suspension if Contractor makes a Claim therefore as provided in Section 10.05. 15.02 Developer May Terminate for Cause (A) The occurrence of any one or more of the following events will justify termination for cause: (1) Contractor’s failure to perform the Work in accordance with the Contract Documents, including, but not limited to, (A) failure to supply sufficient skilled workers or suitable materials or equipment or (B) failure to adhere to the progress schedule established under Section 2.07 as adjusted from time to time pursuant to Section 6.04; (2) Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; (3) Contractor’s disregard of the authority of Engineer; or (4) Contractor’s violation in any substantial way of any provision of the Contract Documents. (B) If one or more of the events identified in Section 15.02(A) occur, Developer may, after giving Contractor (and the surety, if any) seven (7) days written notice, terminate the services of Contractor, exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which Developer has paid Contractor but which are stored elsewhere, and finish the Work as Developer may deem expedient. In such case, Contractor will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other General Conditions Meridian Town Center Page 93 of 114 Offsite Improvements - Phase 3 dispute resolution costs) sustained by Developer arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor will pay the difference to Developer. Such claims, costs, losses, and damages incurred by Developer 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 Section, Developer will not be required to obtain the lowest price for the Work performed. (C) Where Contractor’s services have been so terminated by Developer, the termination will not affect any rights or remedies of Developer against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Developer will not release Contractor from liability. 15.03 Developer May Terminate For Convenience (A) Upon notice to Contractor, Engineer, Developer may, without cause and without prejudice to any other right or remedy of Developer, elect to terminate the Contract. In such case, Contractor will be paid (without duplication of any items): (1) for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; (2) for 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 (determined as provided in Section 12.01(C)); (3) for all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of termination contracts with Subcontractors, Suppliers, and others; and (4) for reasonable expenses directly attributable to termination. (B) Contractor will not be paid on account of loss of anticipated profits, loss of anticipated revenue, lost opportunity, overhead or other economic loss or damages arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate If, through no act or fault of Contractor, the Work is suspended for more than ninety (90) consecutive days by Developer or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within thirty (30) days after it is submitted, or Developer fails for thirty (30) days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Developer, Engineer, and provided Developer, Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Developer payment on the same terms as provided in Section 15.03. 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 thirty (30) days after it is submitted, or Developer has failed for thirty (30) days to pay Contractor any sum finally determined to be due, Contractor may, seven (7) days after written notice to Developer, Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Section 15.04 are not intended to preclude Contractor from making a Claim under Section 10.05 for an adjustment in Contract Price or Contract Dates or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Section. ARTICLE 16. DISPUTE RESOLUTION 16.01 Direct Discussions In the event of a Claim, Developer and Contractor will promptly cause their respective representatives to confer and exert their good faith efforts to reach a reasonable and equitable resolution as soon as practical. If such representatives are unable to resolve the issue within a reasonable time (as determined by either representative), either representative may refer the matter to the parties’ responsible officers for resolution. Following such referral, the parties’ responsible officers will have at least fourteen (14) General Conditions Meridian Town Center Page 94 of 114 Offsite Improvements - Phase 3 days (seven (7) days if a payment dispute) to resolve the Claim. If the parties fail to settle such dispute within such period (including any failure of responsible officers to confer in such period), the provisions of Section 16.02 will apply unless the parties agree otherwise. 16.02 Mediation Any Claim not resolved pursuant to Section 16.01 will be subject to mediation upon demand of either party. The parties will endeavor to select the mediator by mutual agreement. In absence of mutual agreement within ten (10) days, Developer will notify Contractor of not less than three candidates, and Contractor will chose the mediator from the list of candidates within five (5) days thereafter by notice to Developer. All candidates will be independent construction professionals, attorneys or judges. The mediator will set the rules of the mediation. Any party to the mediation can invite additional parties to the mediation if the presence of such additional party is required for a complete resolution of any Claim. The parties will share the mediator’s fee and any filing fees equally. Unless otherwise agreed, the mediation will be held within sixty (60) days of the demand for mediation and will be held in a mutually acceptable location in Boise, Idaho. Agreements reached in mediation will be enforceable as settlement agreements in any court having jurisdiction thereof. Developer will have the right, but not the obligation, to waive the requirements of this Section 16.02 for any Claim if Developer believes mediation of such claim would be futile or contrary to the efficient resolution of the Claim. 16.03 Optional Arbitration If the parties do not resolve a Claim through mediation pursuant to Section 16.02, Developer has the right, but not the obligation, to elect to resolve the dispute through arbitration pursuant conducted in accordance with the Idaho’s Uniform Arbitration Act (Title 7, Chapter 9, Idaho Code). Contractor acknowledges and agrees that it is critical to Developer to have the option to direct Claim to a binding dispute resolution proceeding that Developer deems appropriate to further the efficient resolution of the Claim. Contractor further acknowledges that (i) Developer will be involved in more relationships with other parties than Contractor, (ii) Developer has greater exposure to liability than Contractor, and (iii) disputes may vary from simple claims by users to complicated contractual disputes. Accordingly, Contractor agrees that it is fair, reasonable and appropriate for Developer to have the option to select arbitration for any particular Claim. Developer’s election for arbitration will be made in writing and delivered to Contractor. The arbitrator may be any construction professional, construction attorney or retired judge selected by mutual agreement, or in absence of such agreement, as appointed pursuant to applicable law. The arbitrator will set the rules, procedures and schedule for the arbitration, it being the intent of the parties that the arbitration be as expeditions and informal as the nature of the dispute permits. The arbitrator may order the exchange of documents as the arbitrator deems appropriate; provided, however, Developer may elect to have discovery in the arbitration be in accordance with the Idaho Rules of Civil Procedure. In such event, any party participating in the arbitration will have the right to conduct discovery in the same manner as parties in a legal or equitable proceeding under the Idaho Rules of Civil Procedure then in effect. All discovery matters, including time limits, scheduling orders and discovery disputes will be decided by the arbitrator in the same manner as a judge under the Idaho Rules of Civil Procedure. If the arbitrator is not able to fully enforce any party’ discovery rights under this Section, the affected party may institute or continue a legal or equitable proceeding in any court of competent jurisdiction and venue for the purpose of enforcing its discovery rights. 16.04 Litigation Any Claim not otherwise resolved through this Article 16 will be resolved by a court of competent jurisdiction in Idaho and each party hereby irrevocably and unconditionally submits to such exclusive jurisdiction and venue. 16.05 Attorneys’ Fees In the event of any litigation or arbitration between the parties arising from or related to this Agreement (whether sounding in tort, contract or otherwise), the prevailing party will be entitled to receive from the other party reasonable attorneys’ fees, including court costs, expert witness fees and related costs, of such action and any appeal therefrom. To promote fairness and prevent the excessive awards, the General Conditions Meridian Town Center Page 95 of 114 Offsite Improvements - Phase 3 prevailing party in any monetary damages Claim will not be awarded attorneys’ fees in an amount greater than the ratio that the final monetary award for such Claim bears to the highest monetary amount demanded by the prevailing party for that Claim. By way of example, if one party sues the other party demanding $100,000, but recovers $10,000, such party may not be awarded more than 10% of its reasonable attorneys’ fees. 16.06 Continuing Performance Unless otherwise agreed, Contractor will continue diligently with performance of the Work pending final resolution of a Claim and Developer will continue to make payments to Contractor in accordance with this Contract Documents. 16.07 Subcontracts Unless otherwise agreed, Contractor must incorporate this Article 16 into all Subcontracts so that all involved Subcontractors are bound to the dispute resolution terms to the extent that Contractor is bound to Developer. ARTICLE 17. MISCELLANEOUS 17.01 Giving Notice Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in accordance with Section 3 of the Supplementary Conditions. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder to the parties hereto are in addition to, and are not to be constructed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this Section will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law This Contract is to be governed by the law of the state in which the Project is located. 17.06 Waivers, Consents and Approvals No waiver, consent or approval hereunder may be oral. Any waiver of any term or provision of this Contract, and any consent or approval hereunder, will only be effective if given in writing and signed by the waiving, consenting or approving party. No waiver, relaxation, forbearance, delay, indulgence or failure by either party to enforce any of the terms, covenants, conditions or other provisions of the Contract at any time will in any way prejudice, affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof, any course of dealing or custom of the trade notwithstanding. No delay or omission on the part of a party General Conditions Meridian Town Center Page 96 of 114 Offsite Improvements - Phase 3 will operate as a waiver thereof, nor will any waiver by either party of any breach of the Contract operate as a waiver of any subsequent or continuing breach of the Contract. 17.07 Interpretation (A) In the event that any provision or portion of the Contract Documents, or the application thereof, become invalid, illegal or unenforceable in any respect under the Law of any jurisdiction, the validity and enforceability of the remaining provisions or portions, or applications thereof, will not be affected thereby. (B) Were the context requires, words importing the singular will include the plural and vice versa, and words importing persons will include entities. A reference in this Contract to any article, section, exhibit, clause or Section is, except where it is expressly stated to the contrary, a reference to such article, section, exhibit, clause or Section in the Contract. Headings are for convenience of reference only. Each reference to the Contract will include a reference to each agreed variation of or supplement to the Contract as may be amended, varied or supplemented from time-to-time. Where the context requires, any reference to a person, entity or party will include such person’s, entity’s or party’s successors and permitted assigns. References to the word “include” or “including” are to be construed without limitation. (C) The Contract Documents will be construed without regard to the identity of the person who drafted the various provisions of the same. Each and every provision of this Agreement and such other documents and instruments will be construed as though the parties participated equally in the drafting of the same. Consequently, the parties acknowledge and agree that any rule of construction that a document is to be construed against the drafting party will not be applicable to the Contract Documents. Supplementary Conditions Meridian Town Center Page 97 of 114 Offsite Improvements SUPPLEMENTARY CONDITIONS Supplementary Conditions Meridian Town Center Page 98 of 114 Offsite Improvements - Phase 3 SUPPLEMENTARY CONDITIONS These Supplementary Conditions supplement and amend the General Conditions. In the event of any conflict between these Supplementary and the General Conditions, the requirement that places the greater or more stringent obligation on Contractor will govern. All conditions, requirements, services and other matters set forth in these Supplementary Conditions are included in the Work and the Contract Price, and are to be provided by Contractor without additional payment or consideration. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Conditions. 1. GOVERNING AGREEMENTS Contractor must examine and be familiar with all terms, conditions and requirements set forth in each of the documents identified as a “Governing Agreements and Permits” section of the FTP Site managed by Engineer. All conditions, requirements, services and other matters set forth in the Governing Agreements are included in the Work and Contractor will perform the Work in strict compliance therewith. In the event of any conflict between or among the any of the above mentioned documents and the Contract Documents, the more stringent requirement on Contractor will govern. Contractor will promptly report any actual or potential conflicts discovered between or among the above mentioned documents and the Contract Documents to Engineer for resolution. 2. REFERENCE DOCUMENTS The reports and drawings relating to conditions at the Site (or related to the Site) that have been utilized by the Engineer in the preparation of the Contract Documents are available from Engineer and can be found in the “Reference Documents” section of the FTP Site managed by Engineer. The foregoing documents are not complete depictions of the existing conditions at the Site. The existing conditions at the Site may vary in some areas from that indicated on the foregoing documents. 3. NOTICES All notices, consents, approvals, orders, acceptances, confirmations and other communications required or permitted by the Contract must be in writing and delivered by hand (including by messenger or courier), by reputable overnight courier (e.g., FedEx, Airborne) or by certified or registered US Mail (postage prepaid) or by facsimile at the addresses or numbers set forth below or at such other addresses or numbers as the party receiving notice may subsequently designate by way of replacement by notice to the other parties pursuant to this Section: If to Developer: Meridian CenterCal, L.L.C. Attn: Lance Blackwood, Project Manager 13400 South Mountain View Corridor Riverton, Utah 84065 Telephone: (801) 793-0195 Email: lblackwood@centercal.com Supplementary Conditions Meridian Town Center Page 99 of 114 Offsite Improvements - Phase 3 with a copy of any Claim or notice of suspension or termination to: Meridian CenterCal LLC c/o CenterCal Properties LLC Attn: Craig Trottier, President, Intermountain 140 North Union Avenue, Suite 225 Farmington, Utah 84025 Email: ctrottier@centercal.com Meridian CenterCal LLC c/o CenterCal Properties LLC Attn: Sean Dennison, General Counsel 1960 E. Franklin Avenue El Segunda, California 90245 Email: sdennison@centercal.com Givens Pursley LLP Attn: Franklin G. Lee 601 W. Bannock Street Boise, Idaho 83702 Email: franklee@givenspursley.com If to Contractor: Attn: Telephone: Email: If to Engineer: NV5 Attn: Robert Beckman, PE, PTOE 690 S. Industry Way, Suite 10 Meridian, Idaho 83642 Direct: 630-200-7782 Email: robert.beckman@NV5.com If to ITD: Idaho Transportation Department Attn: Daris Bruce, District 3 Resident Engineer PO Box 8028 Boise, Idaho 83707-1129 Office: 208-334-8331 Email: daris.bruce@itd.idaho.gov with a copy of any Claim or notice of suspension or termination to: Gary D. Luke Deputy Attorney General Civil Litigation Division Idaho Transportation Department 311 W. State Street PO Box 7129 Boise, Idaho 83707-1129 Office: 208-334-8812 Supplementary Conditions Meridian Town Center Page 100 of 114 Offsite Improvements - Phase 3 Email: gary.luke@itd.idaho.gov Idaho Transportation Department Attn: Caleb Lakey, District 3 Engineer 8150 Chinden Blvd. Boise, Idaho 83714-1367 Office: 208-334-8300 Email: caleb.lakey@itd.idaho.gov Any communication will be deemed received upon actual receipt (or attempted delivery if delivery is refused) at the addresses set forth above. 4. CONSTRUCTION STANDARDS Except as modified herein, the Work must be performed in strict compliance with the current edition of the Idaho Standards for Public Works Construction (the “ISPWC”), and all supplements and amendments thereto adopted by the City of Meridian (the “Meridian Supplements”) . Contractor is required to be a holder of the ISPWC, and the Meridian Supplements. In addition, Contractor is required to comply with the current Idaho Transportation Department Standard Specifications for Highway Construction, Supplemental Specifications for current Idaho Standard Specifications and Idaho Transportation Department Quality Assurance Manual for Construction (the “ITD Standard”) for certain Work on S. Eagle Road. Contractor is required to obtain the current versions and supplements of ISPWC, ITD and City of Meridian standard drawings in order to complete the Work. In the event of any conflict between or among the standard and requirements set forth herein, the more stringent requirement on Contractor will govern. 5. WEEKLY COORDINATION MEETINGS Contractor will organize and hold weekly coordination meetings with Developer, Developer’s other contractors, Engineer, ITD and its other contractors, ACHD and its other contractors (if appliable), utility companies, emergency services and any other interest agencies and contractors. Contractor will provide a suitable location and facility for such meetings. 6. CONSTRUCTION SCHEDULE REQUIREMENTS Contractor will prepare, furnish and update, all as set forth herein, a ‘Gantt Chart’ based critical path method (CPM) schedule for all activities of Contractor, Developer, ITD and others for the Project as set forth herein (the “Construction Activity Schedule”). The Construction Activity Schedule must be consistent with the Contract Dates and other time obligations set forth in, or adopted pursuant to, the Contract Documents. Contractor will submit the initial schedule and each update to Developer, Engineer, and ITD. The initial schedule must be submitted before the preconstruction conference. Updates must be submitted prior to each weekly coordination meeting. Developer’s acceptance of any schedule will not relieve Contractor of its responsibilities under the Contract Documents for timely performance of the Work. Contractor will not stop the Work for any length of time without Developer’s written consent. Should the prosecution of the Work be discontinued or changed for any reason, Contractor will notify Developer at least two (2) working days in advance of changing or resuming operations. Developer may withhold progress payments if Contractor fails to provide the schedule and updates as required. Supplementary Conditions Meridian Town Center Page 101 of 114 Offsite Improvements - Phase 3 Developer and Contractor will meet for joint review, correction and adjustment of the initial schedule at the preconstruction meeting and at each weekly coordination meeting. Contractor will update the Construction Activity Schedule weekly. Each weekly update must be accompanied by a written narrative describing the status of the critical path and any revisions to the schedule will be included with the update. The updated schedule must be resubmitted if it does not contain the required upon information. At the written request of Developer, and within three (3) calendar days, Contractor will submit a supplemental schedule if the actual progression of the Work is, as determined by Developer, significantly different than that represented on the schedule. No extra payment will be made for a supplemental schedule should it be required. Each Construction Activity Schedule submittal to Developer and ITD must include one electronic copy compatible with Microsoft Project and Adobe PDF. The Construction Activity Schedule must conform to the following specifications: A. Schedule Report sorted by Activity or Noted Number: • Activity information must include activity numbers, activity descriptions, durations, float, percent complete, scheduled start and finish dates, and actual start and finish dates. • The activity descriptions and durations will be such that the applicable Work is readily identifiable and the progress on each activity can be readily measured. • Activities will include, but are not limited to, engineering, surveying, permitting, submittals, approvals, procurement, fabrication, utility accommodations, and construction. All schedule constraints and Contract Dates, when applicable, must be shown. All dummies, leads and lags must be identified. B. Estimated Man-Hours per Day and Working Days per Week: The chart must indicate the number of workdays per week, shifts per day, hours per shift, holidays and a general description of the major equipment to be used. C. Critical Path must be clearly defined: • The schedule must clearly show the sequence and interdependence of all activities required for complete performance of all items of work under the contract and must indicate the critical path. • Contractor’s submittal to Developer for change order work and claims must include an analysis of the schedule showing any schedule change, disruption, and any disruptions of contract time. • Updated charts must show the progress of each activity, the percent complete, remaining duration and all schedule revisions, and clearly define impact to Critical Path, if applicable. Anticipated cash flow, due to the duration of the project, will be required quarterly. D. A schedule of when each individual road segment will be milled and paved. No milling is to occur on any roadway segment without Agency’s prior approval. The schedule for one or more segments may need to be shifted in order to minimize impacts to traveling public from other construction impacts that may be in the roadway segment area. E. The Construction Activity Schedule must be flexible and allow for potential for schedule adjustments by Developer or ITD. The adjustments, if any, will be included in the Contract Price. 7. DOCUMENT CONTROL SYSTEM Contractor must use the then current version of Oracle® Primavera Submittal Exchange for Contractor’s document control system, unless other system that is approved by Engineer (the “Submittal System”). Supplementary Conditions Meridian Town Center Page 102 of 114 Offsite Improvements - Phase 3 Unless otherwise approved by Engineer, all submittals must be transferred to Engineer in electronic (PDF) format using the Submittal System. The intent of the Submittal System is to expedite the construction process by reducing paperwork, improving information flow, and decreasing turnaround time. The Submittal System is not intended for color samples, color charts, or physical material samples, all of which may be delivered to Engineer through any reasonable means. Contractor is responsible for reviewing and approving each submittal in accordance with the Contract Documents prior to submission thereof to Engineer. The review comments of Developer, Engineer and/or others Architect / Engineer will be made available on the Submittal System. Contractor will receive notice of completed review through the Submittal System. Contractor is responsible for distribution of reviewed submittals to Contractor’s subcontractors and suppliers. Contractor is responsible for any post-review matters required by the review comments, including corrections, changes, resubmittals and other tasks. Contractor will bear all expenses related to Contractor’s use of the Submittal System, including the full cost of any subscription in their proposal. 8. PUBLIC ENGAGEMENT MEETINGS Developer and ITD believe that it is important that members of the public to have the opportunity to attend public engagement meetings to learn about the Project and be informed about the progress of the Project. Accordingly, Contractor agrees to work with Developer, Engineer, ITD and the City of Meridian to provide information about the Project and to participate in a forum that allows the public to express their concerns about the Project. Meeting management, logistics, organization, facilitation and communication will be managed by Engineer, who will serve as the lead agency for Public Involvement. At a minimum, the public meetings will: A. Be held at least monthly; B. Be located at a suitable facility near the Project for the expected attendance at the meeting; C. Be held no earlier than 6:00 pm and no later than 9:00 pm, Monday through Friday; D. Be advertised at least one week in advance on signs on the Project site as may be approved by Engineer; E. Have Contractor’s key project managers and superintendents in attendance; F. Provide update on the status and schedule of the Work, which update will not exceed 30 minutes; G. Have schedule information available in a “take home” format identifying the key elements of the Work (from the perspective of a member of the public) to be performed during the next calendar month; H. Reserve at least one hour for members of the public to ask questions and express concerns; I. Contractor will endeavor to answer each question and address each concern verbally during the meeting, and will follow up in writing as to any question not answered or concern not addressed in the meeting (unless excused by Engineer, which is intended for any questions or concerns that are irrelevant, inappropriate or duplicative of previous responses). Engineer will have a meeting notice sign-up sheet, and provide notices of future meetings to each person that request notice (by mail or email, as selected by the member of the public requesting notice). Contractor will take notes reflecting all questions or concerns by members of the public, and provide the same to Engineer and ITD. 9. PAYMENT AND PERFORMANCE BONDS The payment and performance bonds to be provided pursuant to Section 5.01 of the General Conditions must be a in form and content acceptable to Developer and ITD, and must comply with all requirements set forth in the Public Contracts Bond Act (i.e., Idaho Code § 54-1925 et. seq.). Developer and ITD must be named as beneficiaries and obligees of the bonds. Supplementary Conditions Meridian Town Center Page 103 of 114 Offsite Improvements - Phase 3 10. PUBLIC WORKS LICENSES Contractor and all Subcontractors must be licensed as a public works contractor in the State of Idaho (see Chapter 19, Title 54, Idaho Code) at all times during the bidding and performance of the Contract. 11. REQUIRED INSURANCE (A) Coverages Required. In addition to Contractor’s obligations under Section 5.04 of the General Conditions, Contractor must purchase and maintain the insurance as set forth below for matters that may arise out of or result from Contractor’s operations and completed operations under this Contract or for which Contractor may be legally liable, whether the operations be by Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. (1) Commercial General Liability coverage with the following per project annual aggregate limits, using ISO Form CG 25030397 (or a substitute form providing equivalent coverage): General Aggregate Limit Not less than $10,000,000; (other than Product-Completed Operations) Product-Completed Operations Agg. Limit Not less than $10,000,000; Personal and Advertising Injury Limit Not less than $10,000,000; Each Occurrence Limit Not less than $10,000,000; The policy or policies must include (i) broad form property damage coverage including, but not limited to, damage arising from blasting, explosion, collapse of structures or other property or damage to underground utilities and property with any X.C.U. exclusion removed, (ii) protective liability coverage (iii) product and completed operations coverage (iv) contractual liability coverage, and (v) personal injury coverage, including libel, slander, wrongful eviction and false arrest. All policies must be written on an occurrence basis rather than claims made. The policy must name Developer and ITD as additional insured by endorsement, and the policy must contain a separation of insureds (cross liability) clause and a breach of warranty clause as approved by Developer, and the certificate must so indicate. The above limits may be provided by any combination of primary and excess policies. The liability insurance must be primary and not contributing to any insurance available to Developer, and Developer’s insurance will be in excess thereof. The limits of any insurance will not limit the liability of Contractor under the Contract or otherwise. The indicated coverage limits may achieved by a combination of primary and excess liability coverages. (2) Workers Compensation insurance providing statutory limits of liability, and Employers Liability limits of One Million Dollars ($1,000,000) per disease/accident/ employee, which policy must contain a waiver of subrogation in favor of Developer and ITD. (3) Comprehensive Automobile Liability Insurance for all owned, non-owned and hired vehicles with single combined limit of not less than Two Million Dollars ($2,000,000) per occurrence; (4) Contractor’s Pollution Liability Insurance, applicable to all premises and operations including clean-up costs resulting from pollution caused or aggravated by Contractor, bodily injury and property damage resulting from pollution conditions, bodily injury property damage and clean-up costs from transported cargo, and business interruption caused by pollution conditions. The insurance must have a combined single limit of not less than Five Million Dollars ($5,000,000) per incident with a Five Million Dollar ($5,000,000) aggregate limit. (5) Any further coverage required of Contractor by applicable Laws and Regulations. Supplementary Conditions Meridian Town Center Page 104 of 114 Offsite Improvements - Phase 3 (B) Period of Coverages. All policies must be in effect prior to the commencement of performance of Work. All policies must remain in effect until one (1) years after final payment to Contractor or termination of the Contract, and thereafter when the insured is correcting defective or nonconforming deliverables or Services or otherwise performing Services related to defective or nonconforming work by others. The Products and Completed Operations coverage and the Professional Liability coverage must remain in effect for five (5) years after final payment to Contractor or termination of the Contract, provided that the coverage remains available to Contractor on a commercially reasonable basis during that period. Contractor’s Pollution Liability Insurance coverage must remain in effect for five (5) years after final payment to Contractor or termination of the Contract, provided that the coverage remains available to Contractor on a commercially reasonable basis during that period. (C) Additional Insureds. The policies required by Subsections (1), (3) and (4) of this Section 11 must name Developer and ITD their respective members, partners, officers, directors, employees and agents, and the successors and assigns of the foregoing, as additional insureds, using ISO additional insureds endorsement CG 2010-1185, CG 2010-0704, or CG 2037-0704 or a substitute providing equivalent coverages. All coverage afforded to the additional insureds must (1) be primary and noncontributory as to any insurance or self- insurance retention of the additional insureds, (2) provide the same types and extents of coverages afforded to the primary insureds, and must not be limited to the “vicarious liability” of the additional insureds, provided that this subpart (C) hereof will not be interpreted or applied to require coverage of liability of the additional insureds in violation of applicable law, (3) waive all rights of subrogation against the additional insureds, (4) include ongoing and completed operations and (5) be maintained for the same durations as set forth in subpart (B) above. (D) Proof and Maintenance of Coverage. One or more certificates of insurance in forms acceptable to Developer, as well as copies of all additional insured endorsements required by this Section 11, must be furnished to Developer prior to commencement of the Services and thereafter as the coverages are renewed during the period during which the coverages are required to be maintained and thereafter prior to Contractor’s performance of any correction or curative Services or Services relating to any corrective or curative work or services by others. Complete copies of insurance policies must be provided to Developer upon written request. The certificates of insurance and all policies required by this Section 11 must include provisions requiring that coverage will not be cancelled, terminated, modified to reduce coverage or allowed to expire without thirty (30) days prior written notice to Developer. Contractor will provide no less than thirty (30) days’ prior written notice to Developer. (E) Effect of Noncompliance. Failure of Contractor or its Subcontractors to comply with the requirements of this Section 11 will constitute a material breach of the Contract entitling Developer, without waiving other rights or remedies, to terminate the Contract for cause or to purchase the required insurance and charge the cost to Contractor. Nothing herein negates or reduces Contractor’s responsibilities or liabilities under the Contract or under applicable law; this Section 11 rather sets out Contractor’s obligations only with respect to insurance. Performance of the Work will constitute a continuing warranty that Contractor, Consultants and Subcontractors are in compliance with the requirements set out in this Section 11. Contractor agrees that Developer’s failure to ascertain that Contractor, Consultants or Subcontractors have not strictly complied with the requirements set out in these Supplementary Conditions will not constitute a waiver of Contractor’s, Consultants, or Subcontractors’ obligations set out herein. (F) Insurance will Not Limit Liability. The minimum limits of any insurance coverage required to be carried by Contractor will not limit Contractor’s liability under any indemnity provision of under the Contract Documents. 12. CONTRACTOR’S INDEMNITY To the fullest extent permitted by applicable law, Contractor will indemnify, defend and hold Developer and ITD (and the officers, directors, commissioners, managers, members, employees and agents of any of them) (each Supplementary Conditions Meridian Town Center Page 105 of 114 Offsite Improvements - Phase 3 an “Indemnitee”) from and against any and all claims by third persons arising out of the performance of the Work or the Contract; provided, however, Contractor will not be obligated to indemnify an Indemnitee for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Indemnitees or their agents, employees or contractors. 13. CORRECTION PERIOD, WARRANTIES, GUARANTEES Developer may at any time assign Contractor’s obligations under Section 13.07 of the General Conditions (Correction Period) to ITD. Further, Developer may at any time assign any warranties or guarantees required under the Contract Documents to ITD. Upon receipt of notice of any assignment(s), Contractor will fully and faithfully perform the obligations for the benefit of ITD. 14. SWPPP Contractor must obtain the Environmental Protection Agency (EPA) Construction General Permit (CGP) and Contractor must file a Notice of Intent (NOI) and develop and implement an approved Storm Water Pollution Prevention Plan (SWPPP) prior to commencement of any construction activities hereunder. Contractor must not file a Notice of Termination (NOT) with the EPA until authorized in writing by Developer and ITD. Authorization for Contractor to file the NOT will be granted by Developer and ITD when the area subject to the CGP has achieved final stabilization as defined in the CGP. ITD will provide applicable assistance as necessary with the CGP application; however, ITD does not assume any additional liability for storm water violations on property outside of their respective jurisdictions. 15. AGENCY APPROVAL OF MATERIALS CERTIFICATIONS Contractor must promptly provide all material certifications to Engineer. Engineer will provide the material certifications to ITD for review and approval (with a reasonable period to provide an opportunity for review) prior to Developer’s acceptance and payment for any incorporated materials. Contractor acknowledges that any failure or delay in providing material certifications to Engineer may delay Developer’s acceptance of, and payment for, incorporated materials. 16. BASIS OF UNIT PRICE QUANTITIES Unless otherwise specified herein, all payments made on unit prices will be based on in-place, completed and accepted unit quantities. Determinations of the actual quantities and classifications of the Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Section 9.08 of the General Conditions. 17. CONTRACT DATES FOR SUBSTANTIAL COMPLETION AND FINAL COMPLETION Time is of the essence with respect to all of Contractor’s obligations. Contractor must perform all Work in accordance with Contractor’s schedule obligations under the Contract Documents, including Article 4 of the Agreement. The Contract Dates for Substantial Completion and Final Completion will only be extended by a Change Order in accordance with the Contract Documents (including Article 12 of the General Conditions) 18. ASSIGNMENT OF CONTRACT Contractor hereby consents to the assignment of some or all of the Contract to ITD or any designee of ITD. The assignment may occur at any time and may be conditional or otherwise. Upon receive of notice of the assignment, Contractor will promptly execute any confirmation of the consent reasonably requested by ITD. 19. NIGHT WORK Supplementary Conditions Meridian Town Center Page 106 of 114 Offsite Improvements - Phase 3 Contractor may perform Night Work as allowed by the Agency. “Night Work” is Work performed during the hours of 10 pm to 5 am. Contractor will submit a traffic control plan for Night Work to Developer and the Agency for approval not less than fourteen (14) days prior to Contractor’s desired start date for Night Work. 20. CONSTRUCTION PHASING AND TRAFFIC CONTROL (A) As soon as practical after execution of this Contract, Contractor provide Developer and ITD with a detailed construction phasing and traffic control plans to Developer and ITD for review and approval prior to construction. The traffic control plans must address advanced construction signing and detailed traffic control for each phase of work and must address pedestrian detours whenever construction activities necessitate closure of any existing pedestrian facilities. (B) A traffic control plan is provided in the Contract Documents. If Contractor chooses to change the traffic control plan, Contractor must submit detailed traffic control plans to Agency for review and approval prior to construction. 21. ADA DURING CONSTRUCTION As used herein, any reference to the “ADA” means the then current Americans with Disabilities Act of 1990, as amended, and any regulations promulgated thereunder. The needs and control of all road users (motorists, bicyclists, and pedestrians within the highway and/or public right‐of‐way, including persons with disabilities in accordance with the ADA through a temporary traffic control “TTC” zone will be an essential part of highway construction, utility work, maintenance operations, and the management of traffic incidents. The primary function of TTC is to provide for the reasonably safe and efficient movement of road users through or around TTC zones while reasonably protecting workers, responders to traffic incidents, and equipment. Temporary facilities, including reasonably safe pedestrian routes around work sites, are also covered by the accessibility requirements of the ADA. Implementation of TTC plans and installation and maintenance of devices will be the responsibility of Contractor performing the construction, alteration and/or maintenance of the highway or public right‐of‐way. When an existing continuous sidewalk or street crossing route cannot be maintained for pedestrians because of construction, either temporary walkways with curb ramps are to be provided, or the construction will be phased to maintain access to the affected addresses. Contractors will have flexibility as long as the requirements are met. The location of the construction project and whether or not accessible facilities are present will also determine the extent of the needed temporary facilities. Contractor is only required to maintain practical continuity where accessible facilities already exist. On low speed rural roads that do not have sidewalks and are used by bicyclists, no additional measures are needed as the bicycles can share the available travel lanes with other traffic. On moderate to higher speed rural roads, if a bike lane exists then it should be properly detoured, complete with signage, to provide a safe route through or around the Work area. If a work zone affects vehicular traffic to a business, residence, school or any other type of pedestrian generating location with existing accessible facilities, then pedestrian and handicapped access must be maintained. A continuous route for all pedestrians, including the disabled and bicyclists, will be maintained at all times. When existing pedestrian facilities are disrupted, closed, or relocated in a TTC zone, the temporary facilities will be detectable and include accessibility features consistent with the features present in the existing pedestrian facility. The temporary route should enable pedestrians to bypass the construction site while minimizing the retracing of their steps or going significantly out of their way. Additional consideration must be given to the disabled since they may not have the physical or cognitive ability to improvise (e.g. balancing along the curb or a very narrow path) or use unofficial alternatives (e.g. using an adjacent grass surface). Temporary routes must meet the accessibility guidelines of the ADA for permanent facilities and must be marked with the proper signage. Should existing Supplementary Conditions Meridian Town Center Page 107 of 114 Offsite Improvements - Phase 3 crosswalks at signalized intersections be closed or made inaccessible, temporary crosswalks should be painted in an accessible location. Temporary signals should include pedestrian phases. Contractors must not block temporary walkways with Contractor parking, materials piles, signs, rubble or rubbish. Construction equipment and equipment operation must be separated from the temporary walkways. At work zones where higher volumes of pedestrian traffic or school children exist, pedestrian fences or other protective barriers may be needed to prevent access into the construction area. 22. CONSTRUCTION OF ADA FACILITIES Contractor is responsible for determining the required construction surveying and grades to meet ADA requirements for all pedestrian curb ramps listed in the plans. Station/Offset information provided in the plans for ramp geometry are for general location reference only. Contractor will determine the specific length/slope of all ramp features to meet ADA requirements that will include, but not be limited to: a. Landing width, depth, and slope b. Ramp width, cross slope, and running slope c. Flare slopes d. Truncated dome panel depth, distance from leading edge of curb line, depth, width, color and dome dimensions. ADA requirements for dimensions and slopes provided on ISPWC or ITD standard drawings and the plans are generally absolute maximum and minimum values and no tolerances are allowable unless otherwise noted on the plans. 23. WET WEATHER PAVEMENT CONSTRUCTION Contractor is advised of possible wet weather construction. The pavement sections shown on Project plans assume construction will occur during a dry period. 24. FAILED QUALITY ASSURANCE TESTS Re-testing necessitated by the failure of quality assurance testing of materials placed by Contractor will be at Contractor’s expense. These costs will be deducted from progress payments. 25. PROJECT MAINTENANCE DURING CONSTRUCTION Contractor will be responsible for Project maintenance throughout the life of the contract. This responsibility includes, but is not limited to, grading, proper and adequate drainage, access for emergency equipment, and appropriate access for property owners and dust control. Contractor will be responsible for maintaining both on-site and off-site roadway facilities that are adversely affected by construction activities, including hauling. This maintenance may include, but is not limited to, street sweeping to eliminate tracking (within the Project limits, adjacent streets, private driveways, and parking lots), and roadway repairs due to truck and equipment traffic. Required roadway facility maintenance will be at the discretion of the Agency’s Engineer. The cost of all maintenance of the Work will be included in the Contract Price Contractor will provide a water truck and driver at the disposal of Agency’s Engineer for dust abatement for use at Agency’s Engineer discretion. Failure to adequately provide dust control will be grounds for stopping work until the condition is corrected. If Contractor fails to provide adequate dust control, the Agency’s Engineer may Supplementary Conditions Meridian Town Center Page 108 of 114 Offsite Improvements - Phase 3 arrange for dust control by third parties. The costs to provide dust control by those other than Contractor if required will be deducted from the progress estimates. 26. ACCESS DURING CONSTRUCTION Access to adjacent properties must be maintained at all times. Access includes providing an adequate surface (free of protruding rocks, holes and mud) for all emergency vehicles and pedestrians. Contractor must coordinate with the on-duty captain for any traffic control changes in front of the fire station or work on their approach. 27. COORDINATION WITH UTILITIES Contractor is responsible for contacting and coordination with any utility providers as necessary for the successful completion of the Project. The coordination will include, but not be limited to, working other than normal operation hours to permit the relocation of utilities and construction of the roadway within the time frame of this contract. Utility coordination was requested through identified utility companies during the design of the Project. Utility information is shown only for surface features, and if provided by the owner of the utility for non‐surface features. The information shown is for reference purposes only and does not necessarily represent actual field conditions. Engineer assumes no liability for the accuracy of the information shown, or conflicts due to inaccurate or incomplete utility information. Contractor must call Dig Line a minimum of forty-eight (48) hours prior to any excavation to request utility locations at 1‐800‐342‐1585. Dig Line does not cover ITD owned utilities and Contractor will be responsible for contacting ITD to identify the location of their owned utilities. Contractor must expose all existing utility crossings to verify locations and elevations prior to any other construction that may affect those utilities. Contractor will coordinate and accommodate work with utility companies. The utility company contacts are provided elsewhere in the Contract Documents, and/or are available in the public records. 28. DAMAGE BEYOND CONSTRUCTION LIMITS Contractor must promptly repair damage to any property outside the construction limits of the Work. Contractor will obtain a release from the property owner specifying that they are satisfied with the repair work. A copy of the letter will be submitted to Agency and Developer. Final release of contract retainage will not be authorized until this provision has been met. 29. RETAIN & PROTECT EXISTING ITEMS All items outside of the right‐of‐way and temporary construction easements must be protected unless specifically noted otherwise on the plans. 30. PROPERTY CORNERS & SURVEY MONUMENTS Reference all public and private land survey monuments that will be disturbed by construction activities prior to disturbing. Reestablish the monuments at no additional cost to the Agency’s and Developer before Final Completion of the Project. Section corner and Quarter corner monuments reset after construction must include corner perpetuations and filing with the appropriate county. Perform all monument work in accordance with Title 55, Chapter 16, Idaho State. If a monument is found during construction but is not shown on the Contract Documents and must be reset, Contractor will notify Developer prior to reestablishing at Developer’s expense. 31. STORM DRAIN & IRRIGATION FLOWS Supplementary Conditions Meridian Town Center Page 109 of 114 Offsite Improvements - Phase 3 Contractor is responsible for transmitting existing storm drain and irrigation flows during construction. The existing roadside ditches carry both storm drain and irrigation flows. Maintaining these flows may require Contractor to install temporary collection, pumping and bypass systems. 32. ASPHALT CUTTING All cutting of existing asphalt pavement must be by saw cut. 33. TRENCHES Unless otherwise indicated in the Drawings or Special Provisions, trench excavation and bedding requirements will be in accordance with Division 300 "Trenching" of the ISPWC Specifications except as noted herein. All costs associated with pipe backfill (which must be lean concrete or similar) will be included in the Contract Price. 34. SOURCES Contractor must use approved commercial source(s) for all materials to be embanked or processed for placement. Sources that are owned or controlled by any state or county owned or controlled sources will not be allowed for this Contract. Contractor to assume all costs incurred for obtaining approvals for use of source(s). 35. EXCESS MATERIAL SITE Excess or unsuitable material removed from the Project will become property of Contractor. Contractor will be responsible for providing a site for the disposal of excess or unsuitable materials. If bituminous material is to be disposed of, it is the responsibility of Contractor that the site will meet the requirements of the Idaho Department of Environmental Quality, EPA and have all applicable permits and environmental clearances. All excess material sites must be approved by Agency and Developer. No separate payment will be made for the acquisition or operation of the sites, or for loading, hauling or unloading the materials at the site. 36. PROPERTY OWNER COORDINATION Contractor will coordinate items of Work affecting adjacent property with the property owner(s) or their agents. 37. WARNING & REGULATORY SIGNS Existing warning and regulatory signing must be retained and protected throughout the Project limits unless otherwise noted. This may require multiple relocations. Existing warning and regulatory signs that are designated for removal and replacement and do not conflict with construction traffic control signs will be maintained during construction and, if necessary, relocated to locations where the signs are visible to traffic and serve their original purpose. 38. ON SITE SUPERVISION Contractor will provide competent on‐site supervision during all construction activities, including all Subcontractor activities. The superintendent must be identified at the preconstruction conference, and will at a minimum be on‐site from the notice to proceed date to the completion date. If Contractor must replace any superintended (which will be governed by the General Conditions), Contractor must notify Agency and Developer within five (5) working days before the event occurs. 39. COORDINATION FOR IRRIGATION CONSTRUCTION Supplementary Conditions Meridian Town Center Page 110 of 114 Offsite Improvements - Phase 3 Contractor will be responsible for contacting and working with the irrigation district, ditch riders, property owners, and any other parties as reasonably necessary to coordinate and install irrigation facilities required under this Contract. Contractor will not cause the interruption of irrigation water flows. Contractor will take whatever measures are necessary to conduct their work, including installing irrigation facilities, in a manner that will not interrupt the delivery of irrigation water or otherwise cause adverse effects to the irrigation water delivery system or to irrigation water users. The measures may include conducting work outside of normal hours. Contractor will be solely liable for any damage claims due to its failure to comply with this section. 40. HIGH WATER TABLE AND DEWATERING Contractor is advised that a high water table may exist in the Project area. Construction activities that require excavation may also require dewatering. If dewatering is required, the water surface will be maintained at least 1-foot below the bottom of the excavation. Contractor will coordinate all dewatering activities with Agency and Developer prior to construction and obtain a short term Activity Exemption from Idaho Department of Environmental Quality by contacting Craig Shepard at 373-0550. Water levels will be maintained below the trench bottom during all types of pipe laying and joining operations. The dewatering method must be discussed with Engineer and approved prior to construction. Dewatering methods will comply with the construction General Permit (NPDES Permit) filed by Contractor and ITD approved SWPPP plan. Contractor will provide a written dewatering plan to be included in the SWPPP. Non-compliance must be noted in the inspection report and included in the SWPPP. SWPPP must be modified to correct non- compliance within 7 calendar days. Ditches or other facilities that are silted in due to Contractor's dewatering activities will be cleaned and restored to their original state. All dewatering on the Project is part of the Work. Contractor will be required to modify Contractor’s equipment or operations to prevent damage to the exposed subgrade because of high ground water. Contractor is responsible for maintaining the integrity of the exposed subgrade. Degradation due to Contractor’s operations will be remedied under guidance of a geotechnical engineer at Contractor’s expense. 41. LIEN RELEASE FORMS The conditional and unconditional lien releases referenced in Section 14.02(A) of the General Conditions must be in the following form unless otherwise approved by Developer: WAIVER AND RELEASE FORMS CONDITIONAL WAIVER AND RELEASE UNCONDITIONAL WAIVER AND RELEASE The undersigned Contractor hereby waives and releases all mechanics’ lien rights, claims of lien, equitable liens and bond rights on or against Developer or Project for all labor, services, subcontract work, equipment and material furnished up to and including ___________ (the “Release Date”) excepting only (i) amounts retained The undersigned Contractor has been PAID IN FULL and hereby waives and releases all mechanics’ lien rights, claims of lien, equitable liens and material bond rights on or against Developer or Project for all labor, services, subcontract work, equipment and material furnished up to and including __________ (the “Release Date”) excepting only (i) amounts Supplementary Conditions Meridian Town Center Page 111 of 114 Offsite Improvements - Phase 3 by Developer, (ii) items furnished after the Release Date and (iii) if checked here □, the attached list of outstanding items. This release does not cover any retention or items furnished after the Release Date. Contractor will hold Developer harmless from and against any and all claims on account of work performed and materials furnished on the project up to and including the date set forth below by any third parties on behalf of Contractor. This release is CONDITIONAL, and will be effective only upon payment to Contractor in the sum of $______________________. If payment is by check, this waiver is effective only when check is paid by the bank upon which it is drawn. Before any person relies on this release, such person should verify payment to Contractor. This release is for the benefit of, and may be relied upon by Developer, its lenders and the guarantor of any loan made by its lenders and the principal and surety on any labor and material bond posed for the Project. I CERTIFY UNDER PENALTY OF PERJURY UNDER LAWS OF THE STATE OF IDAHO THAT THE ABOVE IS A TRUE AND CORRECT STATEMENT. SIGNATURE: ____________________________________ (Authorized Corporate Officer/Partner/Developer) (Title) _________________________________ Company Name: ________________________ Dated this ___ day of ______________, 201__ Project Name: __________________________ Project Address: ________________________ ______________________________________ retained by Developer, (ii) items furnished after the Release Date and (iii) if checked here □, the attached list of outstanding items. This release does not cover any amounts retained by Developer or items furnished after the Release Date. Contractor will indemnify, defend and hold Developer harmless from and against any and all claims for payment on account of work performed and materials furnished on the Project up to and including the date set forth above by any third parties through or on behalf of Contractor. This release is UNCONDITIONAL and will be effective immediately. This release is for the benefit of, and may be relied upon by Developer, its lenders and the guarantor of any loan made by its lender and the principal and surety on any labor and material bond posed for the Project. NOTICE: THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. I CERTIFY UNDER PENALTY OF PERJURY UNDER LAWS OF THE STATE OF IDAHO THAT THE ABOVE IS A TRUE AND CORRECT STATEMENT. SIGNATURE: ____________________________________ (Authorized Corporate Officer/Partner/Developer) (Title) _________________________________ Company Name: ________________________ Dated this ___ day of ______________, 201__ Project Name: __________________________ Project Address: ________________________ ______________________________________ A. The conditional lien releases referenced in Section 14.07(A)(3) of the General Conditions must be in the following form unless otherwise approved by Developer: CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from ___________________________ in the sum of (Maker of Check) $__________________ payable to _________________________________________________ Supplementary Conditions Meridian Town Center Page 112 of 114 Offsite Improvements - Phase 3 (Amount of Check) (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document will become effective to release any mechanic’s lien, materialman’s lien, construction lien, design professional’s lien, or similar lien, any stop notice or bonded stop notice, or any bond right or claim the undersigned has on the job of _______________________ located at (Developer) _______________________________________. (Job Description) This release covers the final payment to the undersigned for all labor, services, equipment, or material furnished on the job, except for disputed claims for additional work in the amount of $________________. Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: ____________________________ ________________________________ (Company Name) By _____________________________ (Title) B. The unconditional lien releases referenced in Section 14.07(A)(2) of the General Conditions must be in the following form unless otherwise approved by Developer: UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT The undersigned has been paid in full for all labor, services, equipment or material furnished, to __________________ on the job of __________________ located at ______________________ (Your Customer) (Developer) __________________________________________ and does hereby waive and release any (Job Description) right to a mechanic’s lien, materialman’s lien, construction lien, design professional’s lien, or similar lien, any stop notice or bonded stop notice, or any right or claim against a labor and material bond on the job, except for disputed claims for extra work in the amount of $______________. Dated: ____________________________ ________________________________ (Company Name) By _____________________________ (Title) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. Special Provisions Meridian Town Center Page 113 of 114 Offsite Improvements - Phase 3 SPECIAL PROVISIONS Special Provisions Meridian Town Center Page 114 of 114 Offsite Improvements - Phase 3 SPECIAL PROVISIONS These Special Provisions supplement the General Conditions and the Supplementary Conditions. In the event of any conflict between these Special Provisions and the General Conditions or Supplementary Conditions, the requirement that places the greater or more stringent obligation on Contractor will govern. All conditions, requirements, services and other matters set forth in these Special Provisions are included in the Work and the Contract Price, and are to be provided by Contractor without additional payment or consideration. Any provision of these Special Provisions stating or implying that payments will be made for identified items or requirements under any basis or category will be interpreted to mean that the item or requirement is included in the Contract Price and will be provided by Contractor without any additional payment or compensation. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Conditions. See the “Special Provisions” document provided by Engineer. Provided, however, delete the Section entitled “Completion Time and Liquidated Damages”, as such matters are addressed elsewhere in the Contract Documents. The terms “site” and “project” and “contract” and similar words have the same meaning as “Site” and “Project” and “Contract” and similar words as defined in the General Conditions. PROJECT NO. A013(349); KEY NO. 13349 Page 1 of 35 SPECIAL PROVISIONS IDAHO PROJECT NO. A013(349) MERIDIAN TOWN CENTER – OFFSITE IMPROVEMENTS PHASE 3 Ada County The following special provisions and all addenda issued supplement or modify the 2018 Idaho Transportation Department Standard Specifications for Highway Construction: 2019 Supplementals for the Idaho Transportation Department 2018 Standard Specifications for Highway Construction, 2020 Quality Assurance Manual, 2020 Quality Assurance Special Provision for State Acceptance (10/19/2019), 2020 Special Provision for 405 Superpave Hot Mix Asphalt (07/21/2020), 2020 Standard Drawings, and Title VI Special Provisions. SOURCE IDENTIFICATION Designated source(s): Designated source(s) are not identified for this contract/project. Contractor provided sources. Provide an approved source(s) for all materials to be embanked or processed for placement. Department owned or controlled sources will not be allowed for this contract. Cost. Assume all costs incurred in obtaining approvals for use of source(s). CONTRACT TIME AND LIQUIDATED DAMAGES Work will not start earlier than July 14, 2021 or later than July 30, 2021 and must be completed within 120 working days. Once started, work must continuously progress until completion. The amount of liquidated damages for failure to complete the work on time will be $2,500 per day. CONTRACTOR NOTES CITY OF MERIDIAN UTILITY WORK This contract contains work for the City of Meridian water main relocation and abandonment which will be accomplished by Contractor forces under this construction project. All documents pertaining to this work are included herein. Payment for completed in-place work for these utility improvements is subject to approval by the City of Meridian. Coordinate material submittals, installation, field reviews, changes in conditions and approvals with Jared Hale, City of Meridian Public Works Department, (208) 898-5500. COMPACTION All compaction to be Class “A” for this project, unless otherwise specified. DAMAGE BEYOND CONSTRUCTION LIMITS Damage to any area or items outside the construction limits of this project including, but not limited to existing landscape, irrigation and storm drain facilities, utilities and pavement must be promptly restored to original condition, or better. The cost to complete such repairs is considered the Contractor’s responsibility, with no additional cost to the Owner. All items within the temporary construction easements including, but not limited to, trees, bushes, utilities, pipes, driveways, planters, signs, sprinklers, lawns, etc. must be retained and protected unless specifically noted otherwise on the plans or approved. PROJECT NO. A013(349); KEY NO. 13349 Page 2 of 35 DEWATERING Groundwater levels vary throughout the year. Dewatering may be required for various construction activities. Determine appropriate dewatering techniques and perform all dewatering measures, including water-quality measures required to complete the project. Dewatering will be considered incidental to the work item requiring dewatering and no separate payment will be made. DIVERSITY MANAGEMENT SYSTEM 01/18 Vendor Account All contractors, consultants, suppliers, and service providers bidding and performing the Department’s federal-aid funded projects are required to register as vendors at https://itd.dbesystem.com. Vendors register online once, with annual reminders to check and update their company information as needed. The information vendors provide in the registration process is federally required. Also, vendors must have system accounts in order to participate in the Department’s online contract payment reporting program. This system is used by many neighboring states, so conduct a search for your business before creating new account. If you have questions, the Department’s diversity management system includes a “Help/First Time Visitors” section and training tutorials. Bidder Registration A bidders registration questionnaire is required after a vendor account has been created. If you have questions, the Department’s diversity management system includes a “Help/First Time Visitors” section and training tutorials. ELECTRICAL WORK 01/18 This contract contains work for which a licensed electrical firm will be required. Complete the sheet provided for compliance with IC 67-2310, or provide an explanation as to why an electrical license is not required. EMBANKMENT MATERIALS Use granular subbase meeting the requirements of 703.11 for all project embankments. EMPLOYMENT AGENCY 01/18 The designated employment agency is as follows: Idaho Department of Labor Office 219 W. Main St. Boise, ID 83735-0030 EQUIPMENT AND PETROLEUM STAGING AREAS All staging and storage areas for equipment and materials (including fuel) must be approved prior to use. Obtain all necessary environmental clearances prior to use. All costs associated with environmental clearances will be considered incidental to other items of work and no separate payment will be made. Locate all staging and storage areas, including fuel, a minimum of 150 feet away from wetlands, irrigation ditches, and any other water features. PROJECT NO. A013(349); KEY NO. 13349 Page 3 of 35 IDAHO IMPLEMENTATION OF AASHTO MANUAL FOR ASSESSING SAFETY HARDWARE, 2ND EDITION (2016) The following safety hardware must meet AASHTO 2016 MASH criteria, ITD’s Standard Drawings, and if the hardware is a proprietary product it must be approved on ITD’s Qualified Product List (QPL) for new permanent installations and full replacements: · W-beam · Cast-in-place concrete barriers · W-beam tangent terminals and buried-in-backslope terminals · W-beam flared terminals and terminals installed on a flare · Crash cushions · Transitions · Permanently installed portable barriers · Bridge rails For contracts with a letting date/bid opening date after December 31, 2019, the following safety hardware may be MASH 2009/2016 or NCHRP 350 complaint for new permanent installations and full replacements: · Cable barriers · Double-sided or median terminals · Cable barrier terminals · Sign supports · All other breakaway hardware For projects utilizing December 2018 Standard Drawings release or earlier, replace the 612 series sheets with the 612 series from the latest Standard Drawings release. Temporary work zone devices (including portable barriers, truck- and trailer-mounted attenuators, portable changeable message signs (PCMS), temporary traffic signals, and camera trailers) manufactured after December 31, 2019, must have been successfully tested to the 2016 edition of MASH. Such devices manufactured on or before this date, and successfully tested to NCHRP Report 350 or the 2009 edition of MASH, may continue to be used throughout their normal service lives. PAVEMENT SURFACE SMOOTHNESS 01/18 Meet (Straight Edge) pavement smoothness. REQUIREMENTS OF THE CONTRACTOR WHEN ON RAILROAD PROPERTY 06/19 Union Pacific Railroad (Railroad Company), at its determination, may provide inspection, security, flagging, or other protective services as necessary for the protection of the Railroad Company property or operations whenever there are Contractor operations on Railroad Company property. Costs charged to the Contractor for services provided by the Railroad Company will be reimbursed by the Department at invoice cost. Consider recommendations made by the Railroad Company regarding activities or operations on Railroad Company property. The Department will not relieve the Contractor of liability by accepting recommendations made by the Railroad Company. All employees needing access to Railroad Company property must hold a current certification of safety training as required by the Railroad Company. Visit https://contractororientation.com to access training courses. Training fees are incidental to mobilization. PROJECT NO. A013(349); KEY NO. 13349 Page 4 of 35 The Railroad Company reserves the right to stop and/or require modifications to any Contractor operations on Railroad Company property that, at the Railroad Company determination, could create or is creating an eminent hazard to Railroad Company property or operations. Perform work on Railroad Company property in a manner satisfactory to the Railroad Company. Perform work at a time and in a manner that will not damage the track or interfere unnecessarily with the movement of trains or other authorized users of the track(s) of the Railroad Company. Notify the Railroad Company at least 30 business days before the start of work on Railroad Company property to enable the Railroad Company to furnish railroad flagging or other protective services as might be necessary to ensure the safety of Railroad Company operations. Dress suitably to perform work safely and in a manner that will not interfere with vision, hearing, or free use of hands or feet when on Railroad Company property. Wear the following clothing and personal protective equipment: a) Waist length shirts with sleeves. b) Trousers covering the entire leg, with any flare-legged style tied to prevent catching. c) Sturdy footwear such as work boots. No open-toed (e.g., sandals), thin soled (e.g., tennis or walking shoes), or high-heeled shoes are allowed. d) ANSI Class II or III highly visible outer wear. e) Protective headgear per ANSI/ISEA Z89.1, latest revision. The Department recommends that all hard-hats be affixed with the entity’s name or logo. f) Eye protection per ANSI/ISEA Z87.1, latest revision. Provide additional eye protection to meet specific job situations (e.g., welding, grinding). g) Hearing protection per 29 CFR 1910.95. Contact the Railroad Company at 1-888-877-7267 before commencing work on Railroad Company property to determine if any telecommunication or other facilities are located within the area. Locate and protect any known telecommunication facilities at no expense to the Railroad Company. Do not discharge explosives on Railroad Company property without the prior consent of the Railroad Company. The Railroad Company reserves the right to impose additional conditions and restrictions on the Contractor when explosives are used, stored, or transported on Railroad Company property in addition to the following: a) Provide a minimum of 48 hours’ notice to the Department and the Railroad Company, excluding weekends and holidays, before discharging any explosives unless the Railroad Company has agreed otherwise. b) Discharge explosives loaded in holes or otherwise readied for discharge that same day during daylight hours at a time acceptable to the Railroad Company. c) Take precautionary measures and construct temporary shelters necessary to guard against danger of damage, destruction, or interference arising out of or connected with any blasting, transportation, handling, storage, security, or use of explosives, at no expense to the Railroad Company. d) Use, store, and transport explosives in a manner acceptable to the Railroad Company and in accordance with local, state, and federal laws and regulations, including, without limitation, United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U--"Blasting and the Use of Explosives;" and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H--"Hazardous Materials". Do not foul the drainage ditches or railroad ballast with debris. Remove all debris at the completion of the work at no expense to the Railroad Company. PROJECT NO. A013(349); KEY NO. 13349 Page 5 of 35 Do not place combustible material, erect any structure, or obstruct the view along the tracks on Railroad Company property without prior approval from the Railroad Company. TRAFFIC SIGNAL EQUPMENT REMOVAL AND SALVAGE The existing traffic signal equipment specified for removal and salvage to ACHD in the plans for the Eagle Road signals shall remain the property of the Ada County Highway District and shall be delivered to the ACHD Signal Shop at 3775 N Adams St, Garden City, ID. Please contact Brian Crespin (208) 387-6190 or the designated ACHD Signal Inspector for arrangements. Other existing signal equipment specified for removal and disposal shall become the property of the Contractor and shall be disposed of in accordance with procedures documented in the 2018 ITD Standard Specifications for Highway Construction or as directed by the ITD or ACHD Representative. Removal of the existing signal equipment shall be incidental to the associated signal pay item for each specific signal. USE TAX 3/13 The exercise of control over State-owned material (or ACHD owned material) by a Contractor who is improving real property (roadways, etc.) will incur the imposition of a use tax by the State. Contact the Idaho State Tax Commission (Telephone No. (208) 334-7618) concerning Section 63-3609, Idaho Code, and IDAPA 35, Title 01, Chapter 02, Sales Tax Administrative Rule 012, "Contractors Improving Real Property", and Rule 013, "Road and Paving Contractors". In the case of aggregates the amount of this tax will differ depending on whether the material is obtained from a State-owned material source or whether it is obtained from a State-owned stockpile. Use tax is due on the fair market value of the material, and the crushed value is higher than for unprocessed material. The tax will also differ depending on whether a Contractor both crushed the material and placed it on the roadway, or the Contractor performs only one of these operations and hires a subcontractor to perform the other. If the contractor hires a subcontractor to crush the material, he must pay a sales tax to the crusher for this fabrication labor. If the Contractor crushes and applies the material, or gives material he crushes to a subcontractor for application, the Contractor owes use tax on the royalty value. Tables for ACHD and City of Meridian supplied equipment are shown under the specific pay items. The cost of State supplied materials is: Signal Equipment (656-005A): $23,198.35 Signal Equipment (656-005B): $41,739.35 Signal Equipment (656-005C): $0.00 Signal Equipment (656-005D): $0.00 ATMS Equipment (S904-05A): $0.00 TOTAL: $64,937.70 ON PAGE 26, SUBSECTION 102.03 – EXAMINATION OF PLANS, SPECIFICATIONS, AND PROJECT SITE 05/19 Replace the first sentence of the 3rd paragraph with the following: Immediately notify the Owner in writing of any errors or omissions on the plans and proposal forms or inconsistencies between these documents and the project site. Do not take advantage of errors or omissions in the contract documents. PROJECT NO. A013(349); KEY NO. 13349 Page 6 of 35 ON PAGE 30, SUBSECTION 103.02 - AWARD OF CONTRACT 1/18 Add the following after the second paragraph. The Owner may delay the award to obtain approvals from ITD. The Owner will not consider increases in costs because of this delay in award. ON PAGE 32, SUBSECTION 104.01 - INTENT OF CONTRACT 01/18 Add the following: Voluntary Partnering: The Department encourages the foundation of a cohesive partnership between the Department and the Contractor with its subcontractors. Structure the partnership to draw on the strengths of each organization to identify and achieve reciprocal goals. Ensure objectives are effective and efficient with contract performance and completion within budget, on schedule, and in accordance with the contract. Ensure partnership is bilateral in makeup, and participation is voluntary. Any cost associated with effectuating this partnering will be agreed to by both parties and shared equally. The Contractor's on-site project manager and the Engineer will meet to implement this partner initiative within 30 calendar days of notice to proceed and before the preconstruction conference, to plan a partnering development seminar/team building workshop. This planning session should determine attendees, agenda, duration, and location. Suggested attendees include the Department representatives (the Engineer and key project personnel) and the Contractor's project management (e.g., on-site project manager and key supervision personnel and subcontractors). The project design engineers and key local government personnel should be invited to attend as necessary. Hold periodic follow-up workshops throughout the duration of the contract as agreed by the team members. A partnership charter does not change the legal relationship between the parties to the contract nor relieve either party from the terms of the contract. ON PAGE 39, SUBSECTION 105.07 – UTILITY FACILITIES 01/18 Add the following: Request locates of buried utilities by contacting the Utility One-Call Center by calling 1-800-342-1585, e- mailing digline@digline.com or faxing 1-800-342-1586. The following utility companies have facilities located with the project limits. Coordinate with the following utility companies. AT&T JT Andrews – (208) 841-5093 jt@cwc64.com AT&T has existing facilities in CenturyLink conduit along Eagle Rd between Pine and Fairview that will be impacted by proposed improvements. CenturyLink responsible for relocation. Coordinate timing for CenturyLink to perform relocation and/or adjustments. PROJECT NO. A013(349); KEY NO. 13349 Page 7 of 35 City of Meridian Jared Hale – (208) 898-5500 jhale@meridiancity.org Engineering Project Manager – Public Works Department Relocation work to be performed by Contractor under this contract. Coordinate all work with City of Meridian. CenturyLink (Includes Level 3 Communications facilities on Plans) Brandy Walker – (208) 454-4059 brandy.walker@centurylink.com Local Network Engineer CenturyLink has existing facilities along Eagle Rd impacted by proposed improvements. Coordinate timing for CenturyLink to perform relocation and/or adjustments. Idaho Power Ethan Morgan – (208) 388-6510 emorgan@idahopower.com Project Manager Idaho Power has existing facilities along Eagle Rd impacted by proposed improvements. Coordinate timing for Idaho Power to perform relocation and/or adjustments. Intermountain Gas Company Will Lindsey – (208) 484-8278 Will.lindsey@intgas.com Intermountain Gas has existing facilities along Eagle Rd impacted by proposed improvements. Coordinate timing for Intermountain Gas to perform relocation and/or adjustments. Nampa & Meridian Irrigation District (NMID) David Duvall – (208) 466-0663 dduvall@nmid.org Assistant Water Superintendent NMID has existing facilities along Eagle Rd impacted by proposed improvements. Coordinate timing for NMID to perform relocation and/or adjustments. Settlers Irrigation District (SID) Mack Myers – (208) 343-5271 mack@settlersirrigation.org SID has existing facilities along Eagle Rd impacted by proposed improvements. Coordinate timing for SID to perform relocation and/or adjustments. Sparklight (Cable One on Plans) Matthew Gibbs – (208) 455-5562 Matthew.Gibbs@Sparklight.biz Construction Coordinator Sparklight has existing facilities along Eagle Rd impacted by proposed improvements. Coordinate timing for Sparklight to perform relocation and/or adjustments. PROJECT NO. A013(349); KEY NO. 13349 Page 8 of 35 Syringa Networks Chase McCoy – (208) 866-3716 cmccoy@syringanetworks.net Outside Plant Technician Syringa has existing facilities along Eagle Rd impacted by proposed improvements. Coordinate timing for Syringa to perform relocation and/or adjustments. Zayo Fiber Group (Includes Integra Telecom facilities on Plans) Gary Foster – (817) 665-4685 Gary.foster@zayo.com Zayo has existing facilities along Eagle Rd impacted by proposed improvements. Coordinate timing for Zayo to perform relocation and/or adjustments. ON PAGE 61, SECTION 106.09 – MATERIAL SOURCES Add the following: Provide weed control as specified in 107.20 in all sources to prevent transfer of noxious weeds to the project. ON PAGE 74, SUBSECTION 107.10 RESPONSIBILITY FOR INJURY DAMAGE 06/19 Add the following: D. Insurance for Railroad Protect and hold harmless Union Pacific Railroad and any authorized user (any entity that has rights by permit, agreement, or contract to use Railroad Company property including its tracks) against all loss, liability, and damage arising from the Contractor activities on Railroad Company property. Before commencing work on Railroad Company property and without expense to the Railroad Company, furnish the following insurance to the Railroad Company and include coverage for Authorized Users: Railroad Protective Liability Insurance naming the Railroad Company as insured with a combined single limit of $2,000,000 per occurrence with a $6,000,000 aggregate for bodily injury and property damage. The policy form will be AAR-AASHTO with broad form coverage for "Physical Damage to Property" (ISO Form GL 00 30) or as revised ISO-RIMA (Form CG 00 35) and include pollution arising out of fuels and lubricants brought to the project site (ISO Form CG 31 or equivalent). This insurance might be available for purchase through the Railroad Company. Union Pacific Railroad Company requires a company issued “folder number” that can be obtained from the company’s Real Estate Office through Casey Moore at (402) 544-8549. Provide certificates of insurance to the Railroad Company and the Department. Maintain this insurance in full force when working on Railroad Company property. Insurance must be acceptable to the Railroad Company, written by an insurance company authorized to transact business in Idaho with a current Best’s Insurance Guide Rating of B and Class VII or better. Include the cost of providing railroad protective liability insurance in the cost of mobilization. PROJECT NO. A013(349); KEY NO. 13349 Page 9 of 35 ON PAGE 82, SUBSECTION 108.01 - SUBLETTING OF CONTRACT 01/18 Delete the second sentence and substitute the following: If the Engineer consents to subletting a portion of the work, the Contractor will use its own organization to perform work amounting to at least 30 percent of the original contract amount. ON PAGE 84 of 548, SECTION 107.20 – WEED CONTROL Add the following: Inspect fill material and locations before transporting and using on the project. The origin of the material and surrounding soils of the source shall be included in the inspection documentation. The State of Idaho Department of Agriculture Seed Laboratory, Boise, Idaho (208) 332-8630, may test source locations at the request of the Engineer. ON PAGES 104 AND 105, SUBSECTION 109.04 – INCREASES OR DECREASES DUE TO TAXES 10/19 Delete subsection 109.04, in its entirety, and replace with the following: 109.04 Increases or Decreases Due to Taxes. The total contract amount includes applicable federal, state, and local taxes and duties. The Owner will not adjust the contract amount for increases or decreases due to taxes, unless the amount of an increase or decrease is greater than $100.00 from the contract amount. Notify the Engineer promptly of a statute, court decision, written ruling, or regulation that will result in an increase or decrease in the contract amount. Price escalation will be calculated in accordance with 109.02.B using ITD’s form (e.g., ITD-2624, ITD-2625). A. Increases Due to Taxes. The Owner will increase the contract amount if the following conditions exist: 1. A statute, court decision, written ruling, regulation, or price escalation on materials (e.g., asphalt) based on nationally published cost indexes increases federal, state, or local excise tax or duty on the transactions or property covered by the contract and takes effect after the contract date or causes an increase in sales tax burden through price escalation. 2. The statute, court decision, written ruling, or regulation was unanticipated by the Owner and the Contractor before the contract date. 3. The Contractor pays or bears the burden of the federal, state, local excise tax or duty, or rate increase. The Owner will increase the contract amount by the amount of the tax, duty, or rate increase paid by the Contractor. If requested by the Engineer, verify in writing the new federal, state, local excise tax or duty, or rate increase was not included in the contract amount. B. Decreases Due to Taxes. The Owner will decrease the contract amount if the following conditions exist: 1. A statute, court decision, written ruling, regulation decreases federal, state, or local excise tax or duty on the transactions or property covered by the contract and takes effect after PROJECT NO. A013(349); KEY NO. 13349 Page 10 of 35 the contract date. 2. The statute, court decision, written ruling, regulation, or price de-escalation on materials (e.g., asphalt) based on nationally published cost indexes was unanticipated by the Owner and the Contractor before the contract date or causes a decrease in sales tax burden through price de-escalation. 3. The Contractor pays or bears a lesser burden for federal, state, local excise tax or duty, or rate decrease. The Owner will decrease the contract amount by the amount of the relief, refund, or drawback. Pay this amount to the Owner as directed. The Owner will also decrease the contract amount if the Contractor, through fault or negligence or failure to follow the Engineer’s instructions, is required to pay or bear the burden of a federal, state, or local excise tax or duty, or does not obtain a refund or drawback. 203-130A & 203-130B REMOVAL (OBLITERATION) OF PAVEMENT MARKINGS ON PAGE 123, SUBSECTIONS 203.01 - DESCRIPTION Add the following: Description. Removal (or obliteration) of pavement markings shall include removing designated painted pavement markings and/or plastic pavement marking tape, in accordance with these specifications, as shown on the plans, or as directed. Areas to be removed include pavement markings that will conflict with construction traffic control (including detour) and construction traffic control markings that will conflict with the final permanent pavement markings shall be promptly obliterated. ON PAGE 123, SUBSECTIONS 203.02 - MATERIALS Add the following: Materials. The asphalt used for the fog coat shall conform to Section 702. ON PAGE 123, SUBSECTIONS 203.03 - CONSTRUCTION REQUIREMENTS Add the following Construction Requirements. Removal shall be accomplished before any change is made in the traffic pattern. The method of obliteration shall be one that which leaves minimal pavement scars, visible paint or surface texture differences that could be confused with pavement markings. Painting over existing stripes with black out paint, asphaltic products, etc. is not considered to meet the requirements for obliteration. Blasting using a hard and angular abrasive is the preferred method of removing painted pavement markings and grinding is the preferred method of removing thermoplastic type pavement markings. Both methods of removal shall require a fog coat of asphalt to be placed over all areas that have had pavement markings obliterated to relieve ghosting of the obliterated lines. The fog coat shall be applied as specified in Section 408. All equipment used for removal or applying the fog coating shall be capable of meeting the time constraints as noted in the plans. Fog coats shall not be used on concrete surfaces. The grinding equipment shall have a self-contained dust collection system capable of containing the waste debris and dust that will be produced. Waste debris shall be disposed of in an approved upland solid waste site. The grinder unit shall be able to control the maximum depth of the grooves to 1/8 inch below the average pavement surface profile. The average pavement surface profile shall be determined using a Tire Tread Depth Gage. The Tire Tread Depth Gage shall be placed on the pavement surface and the plunger depressed until contact is made with the bottom of the pavement. The gage is then removed without disturbing the plunger. The surface profile is read to the nearest 1/32 inch on the calibrated plunger. The plunger is then zeroed and the procedure is repeated until three readings are taken in four PROJECT NO. A013(349); KEY NO. 13349 Page 11 of 35 different locations of the work. The readings are then averaged to calculate the average pavement surface profile. The grinding shall not be more than 1/8 inch below the average of these readings. The grinder head shall be capable of rotating to meet the slope of the roadway so that one edge will not grind deeper that the other edge. The grooved area shall be uniform in depth and width. If grooved depth exceeds 1/8 inch below the average pavement surface profile, work shall be suspended until corrective measures are identified by the Contractor and approved. Any pavement marking remaining after grinding shall be removed by blasting. ON PAGE 125, SUBSECTIONS 203.04 - METHOD OF MEASUREMENT Add the following Method of Measurement. Obliteration of Pavement Markings (lane lines) will be measured by the square foot pavement marking. Obliteration of Special Pavement Markings (stop bars, cross walks, turn arrows, or turn lane text) as well as longitudinal markings and will be measured by the square foot of pavement marking removed. ON PAGE 125, SUBSECTIONS 203.05 - BASIS OF PAYMENT Add the following Basis of Payment. Payment for accepted work will be made as follows: Pay Item Pay Unit 203-130B Removal (Obliteration) of Pavement Markings SF No payment will be made for areas where grooving exceeds 1/8 inch. No separate payment will be made for removal of traffic buttons. Asphalt for fog coat shall be considered incidental to this item and no additional payment will be made. ON PAGE 151, SUBSECTION 213.02 – MATERIALS Add the following: Do not place fine grained subsurface soils from unsuitable excavation in infiltration basins, retention/detention basins, or within roadside ditches. ON PAGE 416, SUBSECTION 621.05 – BASIS OF PAYMENT Add the following after the last paragraph: If seeding is performed between May 1st and October 14th, watering shall be considered as incidental to seeding and the cost thereof included in the contract unit price for seeding. ON PAGE 418, SUBSECTIONS 616.04 – DESCRIPTION, METHOD OF MEASUREMENT Replace with the following The engineer will measure acceptably complete work by the following: Signs: Sign will be measured to the nearest 0.1 square foot. All brackets, brace angles and other aspects of the installation shall be incidental and included in the measured square footage. Installation of signs shall include all signs, brackets, and braces as well as installation PROJECT NO. A013(349); KEY NO. 13349 Page 12 of 35 Posts: Breakaway wood and steel sign posts shall be measured per each including the foundations and shall include installation and any repairs to existing landscaping elements impacted by the installation. Reinstall Signs: Existing signs to be relocated and installed on new posts with new brackets shall include the costs of new brackets and braces as well as installation. Measured by total sign and post assembly. Multiple sign panels on a single post shall be counted as a single reinstallation. SECTION 616-SIGNS AND SIGN SUPPORTS ON PAGE 418, SUBSECTIONS 616.04 – DESCRIPTION METHOD OF MEASUREMENT Replace with the following The engineer will measure acceptably complete work by the following: Signs: Sign will be measured to the nearest 0.1 square foot. All brackets, brace angles and other aspects of the installation shall be incidental and included in the measured square footage. Installation of signs shall include all signs, brackets, and braces as well as installation Posts: Breakaway wood and steel sign posts shall be measured per each including the foundations and shall include installation and any repairs to existing landscaping elements impacted by the installation. Reinstall Signs: Existing signs to be relocated and installed on new posts with new brackets shall include the costs of new brackets and braces as well as installation. Measured by total sign and post assembly. Multiple sign panels on a single post shall be counted as a single reinstallation. ON PAGE 418, SUBSECTIONS 616.05 – BASIS OF PAYMENT Replace with the following. Payment for accepted work will be made as follows: Pay Item Pay Unit 616-010A New Sign Type B (complete) SF 616-050A Breakaway Steel Sign Post, Type E EA 616-055A Breakaway Wood Sign Post (Type D) EA 616-080A Reinstall Signs (complete) EA ON PAGE 429, SUBSECTION 621.01 – DESCRIPTION Add the following: Apply seed, including seed bed preparation, fertilizing, seeding, mulch mixtures, mulching, mulch anchoring (mechanical or tackifiers), HECPs, erosion blankets, and watering in the areas as shown in the plans. The Owner may require seeding operations in conjunction with Subsection 212. 621-005A Seed Bed Preparation – 1.283 Acres 621-010A Seeding – 1.283 Acres 621-015A Mulching – 1.283 Acres 621-035A Fertilizing – 1.283 Acres PROJECT NO. A013(349); KEY NO. 13349 Page 13 of 35 Seed all disturbed areas on the project site, including foreslope, backslope, embankment areas or as directed. Complete seeding operations by hydroseeding methods. ON PAGE 429, SUBSECTION 621.03.A – GENERAL Replace the first sentence of the fifth paragraph with the following: Use broadcast seeding or hydroseeding applications on all slopes as indicated on the plans. ON PAGE 430, SUBSECTION 621.03 – CONSTRUCTION REQUIREMENTS Add the following to Part B. Seedbed Preparation: Have Engineer preapprove all topsoil material within the project area before moving and placing the topsoil in areas to be seeded. Topsoil material must conform to section 107.20 and section 213 prior to placement. ON PAGE 431, SUBSECTION 621.03 – CONSTRUCTION REQUIREMENTS Part D - SEEDING Delete the first sentence and replace with the following: Furnish seed in accordance with 711.05 Seed. Use the mix and rate of seeding specified. Delete first sentence of paragraph 3. Add the following to the third paragraph: Agitation of seed in hydro-seeder shall not exceed 30 minutes. Do not allow trucks or equipment on the area after seed is in place. Apply seed directly to the soil surface after seedbed preparation. Seed disturbed areas as stated above with the following the seed mix and rates. Seed mix for disturbed ground in the right-of-way, mechanical seeding 3:1 or flatter slopes: Grass Species Mix · Ephraim Crested Wheatgrass (AGCR) – 2 lbs/ac · Sheep Fescue (FEOVO) – 4 lbs/ac · Mountain Home Sandberg Bluegrass (POSE) – 4 lbs/ac · Indian Ricegrass (ORHY) – 6 lbs/ac · Thickspike Wheatgrass – 10 lbs/ac Seed Mix for areas beyond 20 feet of end of pavement and slopes steeper than 3:1: Grass & Native Species Mix · Ephraim Crested Wheatgrass (AGCR) – 2 lbs/ac · Mountain Home Sandberg Bluegrass (POSE) – 4 lbs/ac · Sheep fescue (FEOVO) – 4 lbs/ac · Indian Ricegrass (ORHY) – 6 lbs/ac · Thickspike Wheatgrass – 10 lbs/ac PROJECT NO. A013(349); KEY NO. 13349 Page 14 of 35 · Western Yarrow (ACMIL) – 2 lbs/ac · Lewis Blue Flax (LILE) – 5 lbs/ac ON PAGE 432, SUBSECTION 621.03 – CONSTRUCTION REQUIREMENTS Add the following to 621.03.E.1: Apply soil amendments (compost, or manufactured organic soil amendments) at manufacturer’s recommended rate according to the slope gradient and soil conditions. Submit manufacture’s recommended rates for each product to be used prior to application and a copy of the purchase invoices after approval. ON PAGE 432, SUBSECTION 621.03 – CONSTRUCTION REQUIREMENTS Add the following to 621.03.E.3. Provide a qualified hydraulic mixture with longevity of 6-12 month period. Mulch shall have a Cover Factor meeting Large Scale Testing of < 0.01 coverage (or not to exceed 0.05% coverage); must meet ASTM D7322¹ – 600% minimum (or 600%-800%). If using a wood fiber product, 80% of the wood fiber will be thermally processed (within a pressurized vessel) with ±3%. ON PAGE 416, SUBSECTION 621.05 – BASIS OF PAYMENT Add the following after the last paragraph: If seeding is performed between May 1st and October 14th, watering shall be considered as incidental to seeding and the cost thereof included in the contract unit price for seeding. ON PAGE 438, SUBSECTION 624.03 – CONSTRUCTION REQUIREMENTS Add the following to 624.03: Place materials at locations shown on the plans or as directed. SECTION 656-TRAFFIC SIGNAL INSTALLATION ON PAGE 482, SUBSECTION 656.01 – DESCRIPTION Add the following: Description. The work for the above listed items includes the installation and/or modification of permanent traffic signal and illumination systems as shown on the plans. This includes, but is not limited to poles, mast arms, foundations, pole and mast arm equipment, light fixtures, pole and mast arm signs, cabinets, junction boxes, conduit and wiring. This item also includes the removal and disposal or salvage to ACHD (as specified in the plans) of existing traffic signal equipment when it is no longer needed. ON PAGE 482, SUBSECTION 656.02 & 03 – MATERIALS & CONSTRUCTION REQUIREMENTS Add the following: Materials & Construction Requirements. All work shall follow the most current ACHD Section 1130 (General Conditions), ACHD Section 1131 (Illumination, Traffic Signal Systems, and Electrical), and ACHD Section 1150 (Intelligent Transportation Systems) supplements to the current edition of the Idaho PROJECT NO. A013(349); KEY NO. 13349 Page 15 of 35 Standards for Public Works Construction (ISPWC), the ACHD Traffic Standard (TS) Drawings and these Special Provisions. All of the above referenced ACHD documents can be found at: https://www.achdidaho.org/Departments/Engineering/Traffic/trafficStandards.aspx No exceptions to ACHD and ITD Policy, Standards and the ISPWC will be allowed unless specifically approved in writing by ACHD and/or ITD. The Contractor is required to have on hand to perform this work the current edition of the ISPWC standards, the current edition of the ITD SSHC, and the current edition of the ACHD Supplemental Specifications, including ACHD’s Traffic Specifications and Standard Drawings, and these Special Provisions. ON PAGE 8 OF THE ACHD SECTION 1130 GENERAL CONDITIONS, change the title of Subsection 1130.03.D to ACHD & City Furnished Materials, and add the following: The Contractor will be required to purchase and obtain, at the Contractor’s expense, all ACHD and City supplied equipment listed in the tables below from ACHD and the City of Meridian Fire Department. The Contractor shall contact the ACHD Traffic Operations Department and the City of Meridian Fire Department a minimum of 30 calendar days in advance of anticipated installation to coordinate purchase of the equipment and schedule pick up of items supplied by ACHD and the City. The Contractor shall verify pick up time, date and location a minimum of two business days in advance of pick up. All other equipment required for construction of the complete Traffic Signal and Illumination Systems as shown in the plans shall meet the requirements of the ACHD Section 1131 Supplemental Provisions and Traffic Standard Drawings and shall be purchased and obtained by the Contractor at the Contractor’s expense. ON PAGE 8 OF THE ACHD SECTION 1130 GENERAL CONDITIONS, Subsection 1130.03.E – Use Tax, add the following: PROJECT NO. A013(349); KEY NO. 13349 Page 16 of 35 ACHD Supplied Equipment for EAGLE ROAD & FRANKLIN ROAD (656-005A) Signal Poles Type X Up to 55' mast arm (see specs for dual arms)22150 5,515.00$ -$ Type XI Up to 65' mast arm (see specs for dual arms)22155 6,730.00$ 1 6,730.00$ 12' Pedestrian mounting Pole 23701 1,230.00$ 2 2,460.00$ 4'10" Pedestrian Push Button Pole 23702 370.00$ -$ 30' Luminaire Pole 22995 1,555.00$ -$ 40' Luminare pole 23000 1,590.00$ -$ 30' Angle Lighting Structures (Ada/Mesa Style Luminaire Poles)23015 1,820.00$ -$ 40' Angle Lighting Structures (Ada/Mesa Style Luminaire Poles)23010 2,185.00$ -$ Total 9,190.00$ Signal Pole Extensions For Luminaires "A" Pole Extension 17'22160 1,380.00$ -$ "B" Pole Extension 5' add to "A" only 22165 900.00$ -$ "C" Pole Extension 7'22166 1,130.00$ 1 1,130.00$ Total 1,130.00$ Signal Mast Arms 20'23100 960.00$ -$ 25'23200 1,085.00$ -$ 30'23300 1,300.00$ -$ 35'23400 1,445.00$ -$ 40'23500 1,575.00$ -$ 45'23600 1,765.00$ -$ 50'23700 2,265.00$ -$ 55'23800 2,790.00$ -$ 60'23900 4,205.00$ 1 4,205.00$ 65'24000 5,190.00$ -$ Total 4,205.00$ Luminaire Mast Arms 4'23098 146.00$ -$ 6'23099 160.00$ -$ 12'23050 254.00$ -$ 15'23075 370.00$ -$ 20'23020 505.00$ 1 505.00$ Total 505.00$ Electrical Services and Luminaires 200 Amp entrance 100 AMP (dual meter) pedestal 27548 2,498.00$ -$ LED Luminaire Fixture 21337 188.35$ 1 188.35$ 250/400 Watt Luminaires (including bulb and shorting cap)21330 374.00$ -$ Signal cabinet side mount UPS 27540 4,749.44$ -$ Total 188.35$ Vehicle Signal Heads and Mounts 12" 3 Section R/A/G Ball LED 21120 408.00$ 4 1,632.00$ 12" 3 Section R/A/G Arrow LED 21121 419.00$ 3 1,257.00$ 12" 3 Section R/R/Y Ball LED HAWK Style 21119 472.00$ -$ 12" 4 Section R/A/A/G Arrow LED 21118 527.00$ -$ 12" 5 Section Protected/ Permissive LED 21117 925.00$ -$ Signal Head Pole Mounting Bracket 21122 177.00$ 3 531.00$ Total 3,420.00$ Pedestrian Signal Heads Buttons And Mounts 16" Hand / Man LED Ped Head 21215 178.00$ -$ Pedestrian Push button assemblies 21401 164.00$ -$ Accessible Pedestrian Push Button Assemblies 21402 530.00$ 8 4,240.00$ Pedestrian Head Mounting Brackets (mounts 1 head)21124 160.00$ 2 320.00$ Total 4,560.00$ Control Equipment and Cabinets Trafficware Commander TS2-1 Controller 21520 4,150.00$ -$ Malfunction Management Unit (MMU)21519 1,329.00$ -$ Size 6 TS2-1 Control Cabinet 21522 11,670.00$ -$ Size 5 TS2-1 Control Cabinet 21521 11,360.00$ -$ Naztec Cromax Time Switch (school flashers)21516 620.00$ -$ Rectangular Rapid Flashing Beacon Controller 21325 1,515.00$ -$ Rectangular Rapid Flashing Beacon Head 21326 363.00$ -$ Solar RRFB Controller 21325 1,772.00$ -$ Solar RRFB Head 21327 363.00$ -$ Video Detection Camera, Mount, Vip Cards, & Wire 21532 2,221.50$ -$ Video Detection VU-COM Card 21534 1,680.00$ -$ Single Point Video Detection Camera 21536 3,240.00$ -$ Single Point Video Detection Processor 21539 9,946.00$ -$ Total -$ SHEET TOTAL 23,198.35$ All Items On This Page Will Be Acquired From ACHD Traffic Operations Price list Updated 5/20/2020 All pricing is current for 2020 Signal Materials & Poles/Mast Arms Signal Location =Eagle Rd/Franklin Rd ITEM Inv # Cost Quantity Total PROJECT NO. A013(349); KEY NO. 13349 Page 17 of 35 \ ACHD Supplied Equipment for EAGLE ROAD & PINE AVENUE (656-005B) Signal Poles Type X Up to 55' mast arm (see specs for dual arms)22150 5,515.00$ -$ Type XI Up to 65' mast arm (see specs for dual arms)22155 6,730.00$ 2 13,460.00$ 12' Pedestrian mounting Pole 23701 1,230.00$ 3 3,690.00$ 4'10" Pedestrian Push Button Pole 23702 370.00$ 2 740.00$ 30' Luminaire Pole 22995 1,555.00$ -$ 40' Luminare pole 23000 1,590.00$ -$ 30' Angle Lighting Structures (Ada/Mesa Style Luminaire Poles)23015 1,820.00$ -$ 40' Angle Lighting Structures (Ada/Mesa Style Luminaire Poles)23010 2,185.00$ -$ Total 17,890.00$ Signal Pole Extensions For Luminaires "A" Pole Extension 17'22160 1,380.00$ 2 2,760.00$ "B" Pole Extension 5' add to "A" only 22165 900.00$ -$ "C" Pole Extension 7'22166 1,130.00$ -$ Total 2,760.00$ Signal Mast Arms 20'23100 960.00$ -$ 25'23200 1,085.00$ -$ 30'23300 1,300.00$ -$ 35'23400 1,445.00$ -$ 40'23500 1,575.00$ -$ 45'23600 1,765.00$ -$ 50'23700 2,265.00$ -$ 55'23800 2,790.00$ -$ 60'23900 4,205.00$ 1 4,205.00$ 65'24000 5,190.00$ 1 5,190.00$ Total 9,395.00$ Luminaire Mast Arms 4'23098 146.00$ -$ 6'23099 160.00$ -$ 12'23050 254.00$ -$ 15'23075 370.00$ -$ 20'23020 505.00$ 2 1,010.00$ Total 1,010.00$ Electrical Services and Luminaires 200 Amp entrance 100 AMP (dual meter) pedestal 27548 2,498.00$ -$ LED Luminaire Fixture 21337 188.35$ 1 188.35$ 250/400 Watt Luminaires (including bulb and shorting cap)21330 374.00$ -$ Signal cabinet side mount UPS 27540 4,749.44$ -$ Total 188.35$ Vehicle Signal Heads and Mounts 12" 3 Section R/A/G Ball LED 21120 408.00$ 5 2,040.00$ 12" 3 Section R/A/G Arrow LED 21121 419.00$ 6 2,514.00$ 12" 3 Section R/R/Y Ball LED HAWK Style 21119 472.00$ -$ 12" 4 Section R/A/A/G Arrow LED 21118 527.00$ -$ 12" 5 Section Protected/ Permissive LED 21117 925.00$ -$ Signal Head Pole Mounting Bracket 21122 177.00$ 6 1,062.00$ Total 5,616.00$ Pedestrian Signal Heads Buttons And Mounts 16" Hand / Man LED Ped Head 21215 178.00$ -$ Pedestrian Push button assemblies 21401 164.00$ -$ Accessible Pedestrian Push Button Assemblies 21402 530.00$ 8 4,240.00$ Pedestrian Head Mounting Brackets (mounts 1 head)21124 160.00$ 4 640.00$ Total 4,880.00$ Control Equipment and Cabinets Trafficware Commander TS2-1 Controller 21520 4,150.00$ -$ Malfunction Management Unit (MMU)21519 1,329.00$ -$ Size 6 TS2-1 Control Cabinet 21522 11,670.00$ -$ Size 5 TS2-1 Control Cabinet 21521 11,360.00$ -$ Naztec Cromax Time Switch (school flashers)21516 620.00$ -$ Rectangular Rapid Flashing Beacon Controller 21325 1,515.00$ -$ Rectangular Rapid Flashing Beacon Head 21326 363.00$ -$ Solar RRFB Controller 21325 1,772.00$ -$ Solar RRFB Head 21327 363.00$ -$ Video Detection Camera, Mount, Vip Cards, & Wire 21532 2,221.50$ -$ Video Detection VU-COM Card 21534 1,680.00$ -$ Single Point Video Detection Camera 21536 3,240.00$ -$ Single Point Video Detection Processor 21539 9,946.00$ -$ Total -$ SHEET TOTAL 41,739.35$ All Items On This Page Will Be Acquired From ACHD Traffic Operations Price list Updated 5/20/2020 All pricing is current for 2020 Signal Materials & Poles/Mast Arms Signal Location =Eagle Rd/Pine St ITEM Inv # Cost Quantity Total PROJECT NO. A013(349); KEY NO. 13349 Page 18 of 35 ACHD Supplied Equipment for EAGLE ROAD & FAIRVIEW AVENUE (656-005C) Signal Poles Type X Up to 55' mast arm (see specs for dual arms)22150 5,515.00$ -$ Type XI Up to 65' mast arm (see specs for dual arms)22155 6,730.00$ -$ 12' Pedestrian mounting Pole 23701 1,230.00$ -$ 4'10" Pedestrian Push Button Pole 23702 370.00$ -$ 30' Luminaire Pole 22995 1,555.00$ -$ 40' Luminare pole 23000 1,590.00$ -$ 30' Angle Lighting Structures (Ada/Mesa Style Luminaire Poles)23015 1,820.00$ -$ 40' Angle Lighting Structures (Ada/Mesa Style Luminaire Poles)23010 2,185.00$ -$ Total -$ Signal Pole Extensions For Luminaires "A" Pole Extension 17'22160 1,380.00$ -$ "B" Pole Extension 5' add to "A" only 22165 900.00$ -$ "C" Pole Extension 7'22166 1,130.00$ -$ Total -$ Signal Mast Arms 20'23100 960.00$ -$ 25'23200 1,085.00$ -$ 30'23300 1,300.00$ -$ 35'23400 1,445.00$ -$ 40'23500 1,575.00$ -$ 45'23600 1,765.00$ -$ 50'23700 2,265.00$ -$ 55'23800 2,790.00$ -$ 60'23900 4,205.00$ -$ 65'24000 5,190.00$ -$ Total -$ Luminaire Mast Arms 4'23098 146.00$ -$ 6'23099 160.00$ -$ 12'23050 254.00$ -$ 15'23075 370.00$ -$ 20'23020 505.00$ -$ Total -$ Electrical Services and Luminaires 200 Amp entrance 100 AMP (dual meter) pedestal 27548 2,498.00$ -$ LED Luminaire Fixture 21337 188.35$ -$ 250/400 Watt Luminaires (including bulb and shorting cap)21330 374.00$ -$ Signal cabinet side mount UPS 27540 4,749.44$ -$ Total -$ Vehicle Signal Heads and Mounts 12" 3 Section R/A/G Ball LED 21120 408.00$ -$ 12" 3 Section R/A/G Arrow LED 21121 419.00$ -$ 12" 3 Section R/R/Y Ball LED HAWK Style 21119 472.00$ -$ 12" 4 Section R/A/A/G Arrow LED 21118 527.00$ -$ 12" 5 Section Protected/ Permissive LED 21117 925.00$ -$ Signal Head Pole Mounting Bracket 21122 177.00$ -$ Total -$ Pedestrian Signal Heads Buttons And Mounts 16" Hand / Man LED Ped Head 21215 178.00$ -$ Pedestrian Push button assemblies 21401 164.00$ -$ Accessible Pedestrian Push Button Assemblies 21402 530.00$ -$ Pedestrian Head Mounting Brackets (mounts 1 head)21124 160.00$ -$ Total -$ Control Equipment and Cabinets Trafficware Commander TS2-1 Controller 21520 4,150.00$ -$ Malfunction Management Unit (MMU)21519 1,329.00$ -$ Size 6 TS2-1 Control Cabinet 21522 11,670.00$ -$ Size 5 TS2-1 Control Cabinet 21521 11,360.00$ -$ Naztec Cromax Time Switch (school flashers)21516 620.00$ -$ Rectangular Rapid Flashing Beacon Controller 21325 1,515.00$ -$ Rectangular Rapid Flashing Beacon Head 21326 363.00$ -$ Solar RRFB Controller 21325 1,772.00$ -$ Solar RRFB Head 21327 363.00$ -$ Video Detection Camera, Mount, Vip Cards, & Wire 21532 2,221.50$ -$ Video Detection VU-COM Card 21534 1,680.00$ -$ Single Point Video Detection Camera 21536 3,240.00$ -$ Single Point Video Detection Processor 21539 9,946.00$ -$ Total -$ SHEET TOTAL -$ All Items On This Page Will Be Acquired From ACHD Traffic Operations Price list Updated 5/20/2020 All pricing is current for 2020 Signal Materials & Poles/Mast Arms Signal Location =Eagle Rd/Fairview Ave ITEM Inv # Cost Quantity Total PROJECT NO. A013(349); KEY NO. 13349 Page 19 of 35 ACHD Supplied Equipment for EAGLE ROAD & RIVER VALLEY STREET (656-005D) Signal Poles Type X Up to 55' mast arm (see specs for dual arms)22150 5,515.00$ -$ Type XI Up to 65' mast arm (see specs for dual arms)22155 6,730.00$ -$ 12' Pedestrian mounting Pole 23701 1,230.00$ -$ 4'10" Pedestrian Push Button Pole 23702 370.00$ -$ 30' Luminaire Pole 22995 1,555.00$ -$ 40' Luminare pole 23000 1,590.00$ -$ 30' Angle Lighting Structures (Ada/Mesa Style Luminaire Poles)23015 1,820.00$ -$ 40' Angle Lighting Structures (Ada/Mesa Style Luminaire Poles)23010 2,185.00$ -$ Total -$ Signal Pole Extensions For Luminaires "A" Pole Extension 17'22160 1,380.00$ -$ "B" Pole Extension 5' add to "A" only 22165 900.00$ -$ "C" Pole Extension 7'22166 1,130.00$ -$ Total -$ Signal Mast Arms 20'23100 960.00$ -$ 25'23200 1,085.00$ -$ 30'23300 1,300.00$ -$ 35'23400 1,445.00$ -$ 40'23500 1,575.00$ -$ 45'23600 1,765.00$ -$ 50'23700 2,265.00$ -$ 55'23800 2,790.00$ -$ 60'23900 4,205.00$ -$ 65'24000 5,190.00$ -$ Total -$ Luminaire Mast Arms 4'23098 146.00$ -$ 6'23099 160.00$ -$ 12'23050 254.00$ -$ 15'23075 370.00$ -$ 20'23020 505.00$ -$ Total -$ Electrical Services and Luminaires 200 Amp entrance 100 AMP (dual meter) pedestal 27548 2,498.00$ -$ LED Luminaire Fixture 21337 188.35$ -$ 250/400 Watt Luminaires (including bulb and shorting cap)21330 374.00$ -$ Signal cabinet side mount UPS 27540 4,749.44$ -$ Total -$ Vehicle Signal Heads and Mounts 12" 3 Section R/A/G Ball LED 21120 408.00$ -$ 12" 3 Section R/A/G Arrow LED 21121 419.00$ -$ 12" 3 Section R/R/Y Ball LED HAWK Style 21119 472.00$ -$ 12" 4 Section R/A/A/G Arrow LED 21118 527.00$ -$ 12" 5 Section Protected/ Permissive LED 21117 925.00$ -$ Signal Head Pole Mounting Bracket 21122 177.00$ -$ Total -$ Pedestrian Signal Heads Buttons And Mounts 16" Hand / Man LED Ped Head 21215 178.00$ -$ Pedestrian Push button assemblies 21401 164.00$ -$ Accessible Pedestrian Push Button Assemblies 21402 530.00$ -$ Pedestrian Head Mounting Brackets (mounts 1 head)21124 160.00$ -$ Total -$ Control Equipment and Cabinets Trafficware Commander TS2-1 Controller 21520 4,150.00$ -$ Malfunction Management Unit (MMU)21519 1,329.00$ -$ Size 6 TS2-1 Control Cabinet 21522 11,670.00$ -$ Size 5 TS2-1 Control Cabinet 21521 11,360.00$ -$ Naztec Cromax Time Switch (school flashers)21516 620.00$ -$ Rectangular Rapid Flashing Beacon Controller 21325 1,515.00$ -$ Rectangular Rapid Flashing Beacon Head 21326 363.00$ -$ Solar RRFB Controller 21325 1,772.00$ -$ Solar RRFB Head 21327 363.00$ -$ Video Detection Camera, Mount, Vip Cards, & Wire 21532 2,221.50$ -$ Video Detection VU-COM Card 21534 1,680.00$ -$ Single Point Video Detection Camera 21536 3,240.00$ -$ Single Point Video Detection Processor 21539 9,946.00$ -$ Total -$ SHEET TOTAL -$ All Items On This Page Will Be Acquired From ACHD Traffic Operations Price list Updated 5/20/2020 All pricing is current for 2020 Signal Materials & Poles/Mast Arms Signal Location =Eagle Rd/River Valley St ITEM Inv # Cost Quantity Total PROJECT NO. A013(349); KEY NO. 13349 Page 20 of 35 ON PAGE 485, SUBSECTION 656.04 – METHOD OF MEASUREMENT Replace with the following: Method of Measurement Traffic signal and illumination system installation and modifications will be measured by lump sum for each signal modification. The ACHD Signal Inspector shall supervise the installation the Traffic Signal and Illumination Systems Complete. An ACHD Signal Technician will make fully operational and test the systems and equipment as indicated on the plans and this specification. All work included in the plans or specified herein pertaining to installation of the items on the plans shall be considered as part of the work. No specific unit measurement will apply, but measurement will be for the sum of all items for complete systems to be furnished and installed. This includes, but is not limited to: · Purchase, acquisition, and installation of all required ACHD supplied and City supplied equipment and payment of the use tax on said equipment. · Purchase, acquisition, and installation of all Contractor supplied equipment. · Payment to Idaho Power to connect new power services and reconnect existing power services as specified in the plans. ON PAGE 454, SUBSECTION 656.05 – BASIS OF PAYMENT Replace with the following: Basis of Payment. Payment for accepted work will be made as follows: Pay Item Pay Unit 656-005A Traffic Signal Modification – Eagle Road/Franklin Road Lump sum (LS) 656-005B Traffic Signal Modification – Eagle Road/Pine Avenue Lump sum (LS) 656-005C Traffic Signal Modification – Eagle Road/Fairview Avenue Lump sum (LS) 656-005D Traffic Signal Modification – Eagle Road/River Valley Street Lump sum (LS) S501-15A MSE RETAINING WALL, SEGMENTAL BLOCK S501-15B RETAINING WALL (GRAVITY CONCRETE BLOCK) I. Description. Design, provide, fabricate and install all materials for the retaining walls. Construct retaining walls in accordance with the plans, design drawings and these specifications. Related work may include temporary shoring to construct the walls, scour countermeasures placement and finish grading at the wall toes, and erosion countermeasures construction at the wall ends. Do not allow any extra surcharge on the constructed retaining walls, such as an accumulation of blasted rock and soil during rock blasting. Repair any damage to walls at no cost to the Department. II. Design Requirements. A. General: Design the retaining walls as shown on the plans. The Department has provided preliminary dimensions for estimating purposes only. Perform a design for a chosen proprietary system that will establish the following criteria, as a minimum: 1. Concrete unit dimensions for each layer. 2. Size of concrete leveling pad (if required by proprietary system or as shown in the plans). 3. Quality and quantity of backfill. PROJECT NO. A013(349); KEY NO. 13349 Page 21 of 35 Design the wall in accordance with the AASHTO LRFD Bridge Design Specifications, 9th Edition and with latest revisions. Design the walls for a design life of 75 years for permanent structures, 100 years for walls around bridge abutments (that are supported by spread footings placed on wall backfill), building, critical utilities, and 3 years for temporary structures. Unless founded on bedrock, embed the wall at least 1 foot at the wall front face (for walls constructed along rivers or streams, this embedment is measured from the bottom of the potential scour depth) or as shown on the plans, whichever is greater. B. Detailed Design Drawings Submit five sets of design drawings with computations to the Engineer. Include details, dimensions, quantities, and cross sections necessary to construct the wall. Prepare plans to ITD standards and include elevation view, plan view, and section view sheets for each wall, containing the following: 1. Elevation view. Show the elevations at break points at the top of each wall face and at the top of each leveling pad (or bottom of each wall). Show concrete unit component details in the design drawings. 2. Plan view. Show dimensions tying break points at the top of each wall face and top of each leveling pad (or bottom of each wall) to the roadway centerline. 3. Section (side) views. Show dimensions tying break points at the top of each wall face and at the top of each leveling pad (or bottom of each wall) to the roadway centerline. Show excavation limits for wall construction. 4. Material takeoff for each wall, listing quantities for each main wall components, and incidental items required for construction. 5. Details for concrete units, leveling pads, coping if required. Design for wall end treatment, such as burying the wall ends, turning the wall ends into the slope and show them in the design drawings. 6. Design for drainage system as shown on the plans or this specification. As a minimum, design and provide an underdrain system for draining water away from the backfill and the wall. 7. Concrete coping details (cast in place or precast, if required). Stamp and sign calculations and design drawings by a Professional Engineer licensed in the State of Idaho. Provide design calculations and design drawings to the Engineers for review and approval before fabrication of wall elements. Allow at least 15 working days for the Engineer to review and approve the design calculations and design drawings. Before project completion, provide the Engineer with as-built drawings in PDF format. III. Materials. A. General. Arrange to purchase or manufacture the necessary components for the selected pre-approved wall system from the following supplier list or approved equals. Use only one type of wall in the project unless indicated otherwise in the plans. Wall System Manufacturer or Supplier Facing Type Limitations PROJECT NO. A013(349); KEY NO. 13349 Page 22 of 35 PYRAMID MODULAR BLOCK Reinforced Earth Co. 9025 East Kenyon Ave., Suite 200 Denver CO, 80237 (303) 790 1481 Small Concrete Block -Not approved for use within 20 feet of bridge abutments. -Maximum height is 15 feet. GENESIS WALL SYSTEM Contech Engineered Solutions 2550 E. Mariposa Eagle, ID 83616 (208) 220-8684 Small Concrete Block -Not approved for use within 20 feet of bridge abutments. -Maximum height is 15 feet. Tensar geogrid reinforcement only. GEOWALL PRO GEOWALL MAX Basalite Concrete Products 1300 E. Franklin Meridian, ID 83642 (208) 888-4050 Small Concrete Block -Not approved for use within 20 feet of bridge abutments. -Maximum height is 15 feet. Tensar geogrid reinforcement only. ANCHOR DIAMOND, VERTICA, VERTICA PRO Central Pre-Mix Concrete Products Co. 16310 East Marietta Ave. Spokane, Washington 99216 (509) 926-8235 Small Concrete Block -Not approved for use within 20 feet of bridge abutments. -Maximum height is 15 ft. in ITD Dist. 1 and 2 and 10 ft. in ITD District 3, 4, 5 and 6. KEYSYSTEM 1 Contech Engineered Solutions 2550 E. Mariposa Eagle, ID 83616 (208) 220-8684 Small Concrete Block -Not approved for use within 20 feet of bridge abutments. -Maximum height is 40 feet. MESA Tensar International Corp. 19883 12th Ave. NE Poulsbo, WA 98370 (360) 981 0222 Small Concrete Block -Approved for use within 20 feet of bridge abutments to a maximum height of 30 feet. -Maximum height is 50 feet when greater than 20 feet from bridge abutments. REDI-ROCK Cougar Mountain Precast PO Box 1836 Eagle, ID 83616 (208) 891 8800 Large Concrete Block -Not approved for use within 20 feet of bridge abutments. -Maximum height is 40 ft. -TenCate Miragrid XT as backfill reinforcements only LOCK-BLOCK Ultrablock, Inc 815 NE 172nd Ave. Vancouver, WA 98684 (800) 377 3877 Large Concrete Block -Not approved for use within 20 feet of bridge abutments. PROJECT NO. A013(349); KEY NO. 13349 Page 23 of 35 -Maximum height is 15 ft. RECON ReCon Retaining Wall System, Inc. 7600 W 27th Street, # 229 St. Louis Park, MN 55426 (952) 922 0027 Large Concrete Block -Not approved for use within 20 feet of bridge abutments. -Maximum height is 20 ft. -Only Strata Grids SG 350 & 550 can be used as backfill reinforcements. GRAVIX Earth Wall Products 1427 Walcutt's Way Marietta, GA 30064 (678) 594-3451 Semi-Gravity Wall System -Not approved for use within 20 feet of bridge abutments. Maximum height is 25 feet. Verti-Block- Gravity Verti-Block PO Box 2347 Sandy, UT 84091 Coeur d’Alene Paving, Inc. 120 E. Anton Avenue Coeur d’Alene, ID 83815 Block/Gravity -Maximum height is 12 feet high for walls with level backfill and no traffic loads within 6.0 feet of the back of the top wall block, 10 feet for walls with level backfill and traffic loads adjacent to the wall, and 9 feet for walls with sloping backfill up to as steep as 3:1 (H:V). -Not approved for use within 20 feet of a bridge abutment. Elevate Utility Concrete Products, LLC 2495 W. Bungalow Road Morris, IL 60450 Precast Concrete Counterfort Retaining Semi-Gravity Wall System 1. Only retaining wall backfill meeting ITD Special Provisions requirements will be allowed. Retaining wall bearing capacity, sliding and passive (if used) resistance must be based on the actual soil type(s) beneath and in front of the wall(s). PROJECT NO. A013(349); KEY NO. 13349 Page 24 of 35 2. The retaining wall drainage system must be defined via the use of an approved drain system. All wall designs must account for groundwater accumulation behind the wall below the drain system elevation. Drainage socks around drain pipes will not be allowed. 3. All retaining wall subgrade, support fill and backfill compaction shall meet ITD Class A compaction requirements. Provide a Certificate of Compliance (along with backup test reports) in accordance with 106.04 of the Standard Specifications certifying that all materials provided by the Contractor or a manufacturer under Section III of these special provisions comply with the specifications for the wall system. Provide certifications before starting wall construction. Obtain written approval from the Engineer for non-specified materials or material from sources not listed in the contract documents. B. Concrete Block Requirements. Provide Class 40A Concrete that complies with 502 of the Standard Specifications, except as modified in these Special Provisions. Obtain Engineer approval before using retarding or accelerating agents, or additive containing chloride. 1. Large Concrete Blocks and GRAVIX Wall System Units. a. Testing and Inspection. The Engineer will determine precast unit acceptability on the basis of compressive strength tests and visual inspection. The Engineer will consider precast units acceptable before 28 days if strength has reached the 28-day specified value. The Contractor or supplier shall furnish facilities and perform necessary sampling and testing in an expeditious and satisfactory manner. The Department will consider panels utilizing Type I or II cement acceptable for placement in the wall when initial compressive strengths (as defined in these Special Provisions) exceed 85 percent of 28- day strength requirements. The Department will consider panels utilizing Type III PROJECT NO. A013(349); KEY NO. 13349 Page 25 of 35 cement acceptable for placement in the wall before 28 days only when compressive strength exceeds the 28-day strength requirement. b. Casting. Place the concrete in each unit without interruption and consolidate by the use of an approved vibrator, supplemented by hand tamping as necessary to force the concrete into the forms corners and prevent formation of stone pockets or cleavage planes. Use clear form oil from the same manufacture throughout the casting operation. c. Curing. Fully support units in their forms until the concrete reaches a minimum compressive strength of 1,000 psi. d. Concrete Finish and Color. Unless indicated otherwise, provide units with concrete facing texture and color as provided by the wall manufacturer. Submit the proposed concrete facing texture and color to the Engineer for approval before casting. e. Tolerances. Manufacture concrete blocks within the following tolerances: · Dimension within ³/16 inch for block height. · Dimension within ½ inch for block width, unless field cut for fitting purposed. · The block depths shall be at least equal to the design depths shown in the shop drawings. f. Compressive Strength. The Engineer will determine concrete wall unit acceptance with respect to compressive strength based on production lots. The Department defines a production lot as a group of units represented by a single compressive strength sample that consists of 40 blocks or a single day's production, whichever is less. During the concrete unit production, the manufacturer will randomly sample the concrete in accordance with 502.02 of the Standard Specifications. The Engineer may randomly select a single compressive strength sample, consisting of a minimum of five cylinders or coupons, for every production lot. Prepare cylinders for compressive strength tests on 6 in by 12 in specimens in accordance with ASTM C31. For every compressive strength sample, cure at least two cylinders in the same manner as the panels and tested at approximately 7 days. The average cylinder compressive strength will determine the initial concrete strength. In addition, cure three cylinders or coupons in accordance with 502.02 and tested at 28 days. The average 28-day cylinder or coupon compressive strength be the production lot compressive strength. If the initial strength test results indicate a compressive strength in excess of 4,000 psi, then the Engineer will use these test results for that production lot and may waive the requirement for testing at 28 days for that particular production lot. The Engineer will accept a production lot if the compressive strength test result is greater than or equal to 4,000 psi. If the compressive strength test result is less than 4,000 psi, the Engineer will base production lot acceptance on meeting all the following criteria: · Ninety percent of the compressive strength test results exceed 4,150 psi for the overall production. · The average compressive strength test results exceed 4,250 psi for six consecutive lots. · No individual compressive strength test results shall fall below 3,600 psi. In the event that a production lot fails to meet the specified compressive strength requirements, the Engineer will reject that production lot. g. Rejection. In addition to the preceding paragraphs, the engineer may reject a panel or lot with any of the following defects: · Defects that indicate imperfect molding. · Defects that indicate honeycombed or open texture concrete. · Cracked or chipped panels. · Front-panel color variation due to excess form oil or other reasons. PROJECT NO. A013(349); KEY NO. 13349 Page 26 of 35 h. Handling, Storage and Shipping. Handle units with care to eliminate chipping and fractures. 2. Modular (Segmental) Block Wall and Cap Units. Meet the following referenced documents: ASTM C90 Specifications for Load Bearing Masonry Units ASTM C140 Methods of Sampling and Testing Concrete Masonry Units ASTM C331 Specifications for Lightweight Aggregates for Concrete Masonry Units ASTM C595 Specifications for Blended Hydraulic Cements AASHTO M295 Specifications for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete AASHTO M302 Specification for Ground Granulated Blast Furnace Slag Cement i. Cementitious Materials. Provide materials that comply with the following specifications: · Portland Cement, Modified Portland Cement, Blended Cements - 701 of the Standard Specifications. · Secondary Cementitious Materials - 714 of the Standard Specifications. ii. Aggregates - Provide aggregates that comply with 703 of the Standard Specifications. a. Testing and Inspection. The Engineer will determine modular concrete wall and cap unit acceptability on the basis of installation, compressive strength tests, and visual inspection in accordance with ASTM C140 Annex A3. The Contractor or his supplier shall furnish facilities and perform necessary sampling and testing in an expeditious and satisfactory manner. b. Concrete Finish and Color. Provide a concrete surface for the straight front face with the manufacturer’s ordinary "brokenface" surface finish unless otherwise shown on the plans. Add unit color(s), when required, by the addition of pigment to the concrete. Before manufacturing, provide the actual finish and color during the submittal process. c. Tolerances. Manufacture modular concrete units within the following tolerances: · Dimension within ⅛ inch except for pin and kidney receiving hole or keyways require 1/16 inch tolerance. · Ensure the individual block height is ±1/16 inch of the specified dimension. · Provide hollow units with a wall thickness of at least 1.25 inch. · Texture front face with "brokenface" pattern, which will vary due to random nature of splitting process. Ensure the front face is ± 1 inch of the theoretical unit dimension. d. Compressive Strength. The Engineer will determine modular concrete unit acceptance with respect to compressive strength basis on the production lots. Maximum number of blocks per lot is 2000 or one day production, whichever is less. The Engineer may randomly sample a production lot in accordance with ASTM C140 Annex A3. Perform compressive strength test and submit results to the Engineer Provide wall and cap block units that comply with the following strength requirements: · Minimum required compressive strength, average of 3 coupons: 4000 psi · Minimum required compressive strength, individual coupons: 3550 psi In the event that a production lot fails to meet the specified compressive strength requirements, the Engineer will reject that production lot. Ensure the modular concrete wall and cap units also meet the following requirement: Test Method Value Maximum Water Absorption ASTM C 140 5% maximum If water absorption of modular block units determined by ASTM C140 is not available, then ensure the modular concrete wall and cap units comply with the following freeze- PROJECT NO. A013(349); KEY NO. 13349 Page 27 of 35 thaw test requirements when tested in accordance with ASTM C 1262. Provide modular block units which have weight loss for four out of five specimens tested not exceeding 1 percent initial weight at the conclusion of 150 freeze-thaw cycles when tested in water; or not exceeding 1.5 percent initial weight at the conclusion of 50 cycles when tested in a saline (3 percent sodium chloride by weight solution). Submit to the Engineer for review and approval test reports and certifications for units cast with the same material, concrete mix design, manufacturing process, and curing method conducted not more than 24 months before delivery to the project e. Rejection. In addition to the preceding paragraphs, the Engineer may reject a block or lot with any of the following defects: · Defects that indicate imperfect molding. · Defects that indicate honeycombed or open texture concrete. · Cracked or chipped blocks. · Front-block color variation due to excess form oil or other reasons. f. Handling, Storage and Shipping. Handle units with care to eliminate chipping and fractures. C. Coping For Walls: Provide Class 40A concrete for coping in accordance with 502 of the Standard Specifications if coping is required. Provide metal reinforcement for coping in accordance with 503 of the Standard Specification. D. Leveling Pad: Provide a gravel or non-reinforced concrete leveling pad consisting of Class 22 concrete as shown on the plans. E. Backfill Material. Provide the material that is free of shale, organic matter, mica, gypsum, clay, or soft, poor durability particles and meets the following property requirements: 1. The material shall have a minimum internal friction angle of 34º, determined in accordance to test method AASHTO T-236. Perform this test on material finer than No. 10 sieve compacted to 95% of the maximum dry density as determined by AASHTO T-99. The Engineer may waive the requirement for AASHTO T-236 test if the material has 80% or more material that is larger than ¾ inch and in this case an internal friction angle of 34º can be used in the design. 2. The reinforced backfill material shall also meet the following property requirements: Property Test Method Sieve Size Percent Passing Remarks Gradation AASHTO T-27&11 4 in. 100 No. 40 0-60 No. 200 0-15 F. Core Fill and Drainage Aggregate Material for Segmental Block Wall Units. Provide core fill and drainage aggregate material for block wall units that is well-graded crushed stone or granular material meeting the following requirements: Sieve Size Percent Passing 1 in 100 ¾ in 50 - 75 No. 4 0 - 60 No. 40 0 - 50 PROJECT NO. A013(349); KEY NO. 13349 Page 28 of 35 No. 200 0 – 5 IV. Construction Requirements. A. General. Ensure a field technical representative from the proprietary wall system to be on site for at least 2 days at the beginning of initial wall erection and available during the remaining wall erection to assist the Contractor and Engineer. The field representative shall have been involved in successfully construction of at least three walls with sizes and complexity similar to the walls of this project in the last five years. B. Wall Excavation. Excavate the wall in accordance with 210 of the Standard Specifications and as shown on the plans. C. Foundation Preparation. Grade the structure foundation level for a width equal to or exceeding the bottom units or as shown on the plans. Before wall construction, compact the foundation, if not in rock, as directed by the Engineer. Remove and replace foundation soils found to be unsuitable as directed by the Engineer. Cure the concrete leveling pad at least 12 hours before placement of wall units or segmental concrete units. D. Wall Erection. Place concrete units in their final position as shown on the design drawings. Handle and place concrete units by work force or lifting devices. Place concrete units in successive horizontal lifts in the sequence shown on the design drawings as backfill placement and compaction proceeds. Place backfill material behind the concrete units while maintaining the facing in the desired position with temporary wedges or bracing in accordance with the wall supplier's recommendations. Ensure vertical tolerances and horizontal alignment tolerances along the wall line for concrete units are within ¾ inch when measured with a 10 foot straight edge. Ensure the maximum offset in any unit joint is ¾ inch. Check the position and tolerances of each concrete unit row before erecting the next row. Should any units be out of tolerance, remove the fill, and reset units to their proper position. Install GRAVIX wall elements following the manufacturer’s recommended procedure. Remove and reconstruct walls or wall portions constructed outside the tolerances in these Special Provisions, walls with negative batter (batter in excess of vertical away from the wall), or if the batter becomes negative during construction. The Department will not make additional payment for this work. F. Backfill Placement. Closely follow each erection course of concrete units with backfill placement. Place backfill in 12 inch loose lifts or less. Place backfill so as to avoid facing element damage or misalignment. Remove and replace wall materials that become damaged or disturbed during backfill placement, or correct as directed by the Engineer at no additional cost to the Department. Correct wall facing element misalignment or distortion due to work not associated with these Special Provisions as directed by the Engineer at no additional cost to the Department. Ensure lift thickness after compaction is 12 inches or less. Decrease this lift thickness, if necessary, to obtain the specified density. Compact backfill by running the compactor in direction parallel to the wall face. Achieve compaction within 3 ft. behind the wall by at least five passes, or as directed, of a lightweight mechanical tamper, roller, or a vibratory system. PROJECT NO. A013(349); KEY NO. 13349 Page 29 of 35 Compact backfill to 95 percent of the maximum density as determined by AASHTO T-99, Method C or D (with oversize correction as outlined in this test). Uniformly distribute the backfill material moisture content before and during compaction throughout each layer, unless otherwise directed by the Engineer. Place backfill material with a moisture content range between optimum moisture and optimum moisture minus 4 percentage points, as determined by AASHTO T-99. Remove and rework backfill material which has moisture content in excess of the upper moisture limit until the moisture content is uniformly acceptable throughout the entire lift. Backfill field density testing will be performed at the same frequency as for bridge abutments and approach slabs per the “Structure Backfill” construction type under Item 210- Compacting Backfill in the ITD Quality Assurance Manual. Do not place backfill materials when they are frozen. Do not place backfill materials on snow cover or frozen materials. At the end of each day's operation, slope the backfill away from the wall face to direct surface runoff away from the wall. In addition, do not allow surface runoff from adjacent areas to enter the wall construction site. V. Method of Measurement. The Engineer will measure acceptably completed work by the square foot of wall surface area from the leveling pad top to the top concrete unit or coping tops (if coping is used). VI. Basis of Payment The Department will pay for accepted quantities at the contract unit price as follows: Pay Item Pay Unit S501-15A MSE Retaining Wall, Segmental Block SF S501-15B Retaining Wall (Gravity Concrete Block) SF Coping, leveling pad, structural excavation, compacting backfill, and wall drainage system are all incidental. Field representative services costs are incidental. Temporary shoring to construct the walls, scour countermeasures placement and finish grading at the wall toes, and erosion countermeasures construction at the wall ends are either incidental or paid for under other items. S604-05A REMOVE AND RESET IRRIGATION (SPRINKLER SYSTEM) Description. This work shall consist of removing and replacing the existing sprinkler irrigation system to the finished grade within the construction area as shown on the plans, or as directed. Construction Requirements. The Contractor shall record the locations of the existing sprinkler irrigation system and sprinkler heads in the area of construction impacts. The Contractor shall remove and reset the existing system, to the locations recorded or as directed. Any damage to the existing sprinkler heads from the contractors operation will be replaced by the Contractor at Contractor’s expense. Upon completion of the roadway and curb sections, the contractor shall replace the existing sprinkler irrigation conduits with the same size of conduit that was removed. Where possible all sprinkler heads will be retained and placed at the approximate locations from which they were removed. Any sprinkler heads which require movement in the widened areas shall be relocated perpendicular to the original location or as directed. PROJECT NO. A013(349); KEY NO. 13349 Page 30 of 35 Any extra conduit, sprinkler heads, elbows or other miscellaneous hardware required to restore a functioning sprinkler irrigation system shall be considered incidental to this item. The existing sprinkler heads shall be adjusted flush with the finished surface. If any construction occurs during the irrigation season, it shall be the Contractor’s responsibility to maintain irrigation to any adjacent areas which may be connected to the irrigation system being reconstructed. Method of Measurement. Remove and Reset Irrigation, will be measured by the Lump Sum. Basis of Payment- Payment for accepted work will be made as follows. Pay Item Pay Unit S604-05A Remove and Reset Irrigation (Sprinkler System) LS S901-05A SP OBSERVATION WELL Description. This work shall consist of furnishing and installing the observation wells as shown on the plans and in accordance with these special provisions. Materials. Non-perforated Pipe shall meet the requirements of Subsection 706.14, ASTM D-3034 SDR 35 for drilled wells Polyvinyl Chloride (PVC) Pipe. Perforated Pipe shall meet the requirements of Subsection 706.14, ASTM D-3035 SDR 35 Polyvinyl Chloride (PVC) Pipe and shall have 15 rows of 6 3/8” diameter holes spaced at 3” O.C. vertically. Drainage Geotextile Type I conforming to Section 718 – Geotextiles Concrete conforming to Section 509. Metal Reinforcement conforming to Section 503. For 2” washed drain rock and filter sand specifications see Item S911-05A. Construction. The observation well shall be installed at the locations and as detailed on the plans. Two observation wells are required per infiltration trench system to monitor the system and check functionality. The concrete collar shall be constructed in accordance with the applicable portions of Sections 509- Concrete, and 503-Metal Reinforcement. PVC pipe shall be installed to meet the requirements of Subsection 602.03. The PVC shall be wrapped in drainage geotextile Type 1 Method of Measurement. Observation Well will be measured per each installation including all labor and materials. Basis of Payment. Payment for accepted work will be made as follows: Pay Item Pay Unit PROJECT NO. A013(349); KEY NO. 13349 Page 31 of 35 S901-05A SP Observation Well Each This item shall include installation, drainage geotextile, PVC pipe, drain rock, filter sand, finder wire, concrete collar and reinforcement, PVC Cap, Well Cover and all other miscellaneous items and labor necessary to construct the Observation Well. S901-05B OIL/WATER SKIMMER Description. This work shall consist of furnishing and installing the Oil/Water Skimmer as shown on the plans and in accordance with these special provisions. Materials. The Oil/Water Skimmer shall be as detailed in the plans and have a minimum 10” cleanout and shall be a Nyloplast 30R Snout, Envirohood, Ravenshood or approved equal... Construction. The Oil/Water Skimmer shall be installed at the locations and as detailed on the plans. Method of Measurement. Oil/Water Skimmer will be measured per each installation including all labor and materials. Basis of Payment. Payment for accepted work will be made as follows: Pay Item Pay Unit S901-05B SP Oil/Water Skimmer Each S901-05C SP MODIFIED CATCH BASIN TYPE 3 Description. This work consists of constructing a Modified Catch Basin Type 3 in conformity with the lines as shown in plans or as directed. This item shall also include, but not be limited to, the form work, placement of concrete and reinforcing steel, grate as detailed in the plans, and connection to the storm sewer pipe. Materials. Materials shall be in accordance with the requirements for a standard Type 3 Catch Basin and Subsection 605.02. Concrete conforming to Section 509. Metal Reinforcement conforming to Section 503. Construction Requirements. Modified Catch Basin Type 3 shall be installed in accordance with ITD Standard Drawing 605-20 and Subsection 605.03, or as directed. In addition the Modified Catch Basin Type 3 shall include a 24” wide x 6” thick concrete apron around all four sides of the catch basin or to match the edge of existing concrete sidewalk. The concrete apron shall angled as necessary to match the slopes at the location of the catch basin. Method of Measurement. Modified Catch Basin Type 3 will be measured per each, complete in place. Basis of Payment. Payment for accepted work will be made as follows: Pay Item Pay Unit S901-05C Modified Catch Basin Type 3 Each PROJECT NO. A013(349); KEY NO. 13349 Page 32 of 35 S904-05A ATMS INSTALLATION Description. This work shall consist of removal, replacement, and/or installation of Advanced Traffic Management System (ATMS) equipment as shown on the plans. All materials necessary for the complete installation shall be furnished by the Contractor with the exception of materials specifically noted to be furnished by Ada County Highway District (ACHD) or other agencies. Contractor shall contact the ACHD Congestion Management Supervisor a minimum of 30 calendar days in advance to coordinate delivery of items supplied by ACHD. Contractor shall verify delivery time, date and location a minimum of three business days in advance of delivery. Materials & Construction Requirements. All work shall follow the most current ACHD Section 1130 (General Conditions), ACHD Section 1131 (Illumination, Traffic Signal Systems, and Electrical), and ACHD Section 1150 (Intelligent Transportation Systems) supplements to the current edition of the Idaho Standards for Public Works Construction (ISPWC), the ACHD Traffic Standard (TS) Drawings and these Special Provisions. All of the above referenced ACHD documents can be found at: https://www.achdidaho.org/Departments/Engineering/Traffic/trafficStandards.aspx The materials to be incorporated in the installation of ATMS equipment shall be listed in the bid package. All materials and methods required under this section, unless otherwise superseded herein, shall conform to the current Manual on Uniform Traffic Control Devices (MUTCD) and to the ATSSA Quality Standards for Work Zone Traffic Control Devices. No exceptions to ACHD and ITD Policy, Standards and the ISPWC will be allowed unless specifically approved in writing by ACHD and/or ITD. The Contractor is required to have on hand to perform this work the current edition of the ISPWC standards, the current edition of the ITD SSHC, and the current edition of the ACHD Supplemental Specifications, including ACHD’s Traffic Specifications and Standard Drawings, and these Special Provisions. Basis of Payment. Payment for accepted work will be made as follows: Pay Item Pay Unit S904-05A Eagle Road ATMS System Modifications Lump sum (LS) S911-05A SP INFILTRATION TRENCH Description. This item shall include all costs associated with the construction of the infiltration trenches at the locations, grades, dimensions and details shown in the plans and detail sheets. Materials. Materials shall meet the following requirements: Filter sand shall consist of uncrushed aggregate meeting the following gradation requirements: SIEVE SIZE PERCENT PASSING 3/8 in. 100 No. 4 95-100 No. 16 45-80 No. 50 10-30 No. 100 3-10 No. 200 0-4 2” washed drain rock material shall consist of uncrushed aggregate meeting the following gradation requirements: PROJECT NO. A013(349); KEY NO. 13349 Page 33 of 35 SIEVE SIZE PERCENT PASSING 2 in 100 1 in. 25-60 3/8 in. 0-4 No. 200 0-2 Gradations shall be determined by AASHTO T27 and T11. Filter Sand gradation testing every 500 C.Y. or accepted by certification with suppliers QC gradations. 2” Drain Rock gradation testing every 1000 C.Y. or accepted by certification with suppliers QC gradations. Filter Sand conforming to 703.02. Materials shall meet 703.01 General Requirements. Drainage Geotextile Type I conforming to Section 718 – Geotextiles Perforated Corrugated High Density Polyethylene HDPE conforming to 706.16 with perforations as detailed on the plans. Solid Corrugated High Density Polyethylene HDPE conforming to 706.16 as detailed on the plans. Construction Requirements. Infiltration facilities shall be constructed per the construction plans and per the Manufacturer’s recommendations. Filter Sand and 2” drain rock shall be from an ITD approved source and shall be placed according to the details shown in the plans. 2” drain rock should be aesthetically acceptable to the Owner. Care shall be taken during excavation and placement of filter sand to avoid compaction of the underlying soils. Filter sand shall extend into free-draining material. When placing drain rock, care should be taken to avoid damage to drainage geotextile and perforated drain pipe. Structure excavation shall meet the requirements of Section 210 – Structure Excavation and Compacting Backfill. Subgrade shall not be compacted. The bottom of the filter sand shall extend a minimum of 2 feet into free draining soil and the bottom of the 2” drain rock shall be at least 3 feet from any ground water encountered. Contractor shall have a percolation test performed by soils engineer after infiltration facility is fully excavated to ensure design infiltration rate (8 in/hr) is met. Notify the engineer immediately if these conditions are not met. Method of Measurement. The quantity of Infiltration Trench will be measured by the linear foot of the constructed length, from beginning of drainage rock to end of drainage rock. Basis of Payment. Payment for accepted work will be made as follows: Pay Item Pay Unit S911-05A SP Infiltration Trench FT This item shall include excavation and backfill, 2” drain rock, drainage geotextile, 18” perforated drain pipe (where applicable), ¾” minus aggregate, filter sand, and all other miscellaneous items and labor necessary to construct the Infiltration Trench. PROJECT NO. A013(349); KEY NO. 13349 Page 34 of 35 S912-05A SP LAWN REPAIR Description. This work shall consist of preparing, grading, sodding, and fertilizing the lawn areas which have been disturbed as a result of construction activities. Materials. Grass sod shall consist of Merion, Park, Delta or Windsor Kentucky Bluegrass, or combinations of approved fine textured grasses suitable for the area designated for sodding. Grasses shall be true to type and name in accordance with the Standard Plant Names current edition by the editorial Committee of the American Joint Committee on Horticultural Nomenclature. Grass sod to be furnished shall not be less than 10 months old and shall have prior approval at the supply source before cutting for delivery to the planting site. Delivered sod shall show evidence of having been properly handled and cared for. Sod showing evidence of improper handling or discoloration due to prolonged storage prior to delivery and placement will be rejected. Individual sod pieces shall be cut to a uniform size with square corners at a uniform depth of 1 to 1 1/4 inches. Fertilizer shall have a chemical analysis of 12-6-6, or an approved equal. Soil Amendment for sodding shall consist of sand in which particle sizes range from coarse to very coarse (0.02 to 0.08 inch diameter) and Cascade Soil Aid, decomposed sawdust, peat moss, or equivalent. Construction Requirements. All old damaged turf shall be removed to a uniform depth. The lawn area shall be tilled to remove vegetative growth. All stones, hard clods, roots, sticks, debris and other matter encountered during tilling which is detrimental to the preparation of a good seedbed, or which is toxic to the growth of grass, shall be removed from the area and disposed of as directed. Soil amendment shall be spread uniformly to a depth of 2" over the area and thoroughly rototilled to a depth of four inches. After cultivation, the area shall be carefully fine graded and rolled to provide a fine textured, smooth and firm surface, free of any foot prints, undulations or irregularities. All irregularities in the surface that form pockets where water will stand or accumulate shall be smoothed out to provide good drainage. The finished grade of the sod bed shall be 1 1/4 to 1 1/2 inches below the finished grade of the walks to permit the placing of sod to final grade 1/4 inch below the finished grade of the walks. The first row of sod shall be laid in a straight line and subsequent rows placed parallel to and tightly against each other. The joints between strips shall be butted together, tightly and shall not have any gaps. Lateral joints shall be staggered. Care shall be exercised to insure that the sod is not stretched or overlapped, and that all joints are butted tight. After placing sod, the lawn shall be adequately rolled diagonally with a 100 pound sod roller and watered heavily. The surface of the finished sod shall be smooth and uniform. Fertilizer shall be applied at the manufacturer's recommended rate one month after sodding is complete. The establishment period for the sod lawn shall end two weeks after completion and acceptance of the lawn. Fertilizer shall not be used within 50-ft of a waterway or wetland. Method of Measurement. The quantity of Lawn Repair to be measured will be measured by the number of square yards of sod laid according to specifications, complete in place. Basis of Payment. Payment for accepted work will be made as follows: PROJECT NO. A013(349); KEY NO. 13349 Page 35 of 35 Pay Item Pay Unit S912-05A SP Lawn Repair SY S912-05B SP LANDSCAPE REPAIR Description. This work shall consist of replacing impacted landscaping with similar plants and features. Materials. Match existing landscaping in adjacent areas or as directed by the Engineer. Construction Requirements. Replace plantings and other landscaping features with similar type using locally accepted practices. Method of Measurement. The quantity of Landscape Repair to be measured will be measured by the number of square yards of repaired area according to specifications, complete in place. Basis of Payment. Payment for accepted work will be made as follows: Pay Item Pay Unit S912-05B SP Landscape Repair SY Eagle Road Water Main Relocation and Abandonment City Project #11079 CITY OF MERIDIAN EAGLE ROAD WATER MAIN RELOCATION AND ABANDONMENT GENERAL PROVISIONS 1. BASIS OF PAYMENT Except as modified herein, the various work items called for on the "Bid Schedule" will be performed, measured and paid for as indicated on said Bid Schedule and as provided in the Current Edition of the Idaho Standards For Public Works Construction (ISPWC); the City of Meridian Supplemental Specifications and Drawings to the ISPWC (and any addendums); adopted ACHD Supplements and Idaho Department of Transportation (ITD) Standard Specifications. The Contractor is required to be a current holder of the Idaho Standards For Public Works Construction, Meridian Supplemental Specifications and Drawings, all ACHD supplements and ITD Standard Specifications. Any work required to complete the project but not specifically included in a bid item shall be considered incidental to the project and no separate payment shall be made. 2. DAMAGE The Contractor will be responsible for retaining and protecting all fire hydrants, mail boxes, sprinkler systems, shrubs, sod, landscaping, trees, fences, etc., within the construction limits, unless otherwise shown on the plans. The Contractor will also be responsible for retaining and protecting all improvements outside the construction limits. Any items damaged shall be promptly repaired or replaced to a condition “equal to or better” than existed prior to construction by the Contractor. The cost to complete such repairs shall be considered as incidental to the cost of the project and no separate payment will be made. 3. PROJECT MAINTENANCE The Contractor will be responsible for project maintenance throughout the life of the contract. This responsibility includes, but is not limited to, dust control, maintenance of irrigation facilities, blading, maintenance of detours, maintenance of all intersecting street approaches, proper and adequate drainage, access for emergency equipment and appropriate access for property owners. The cost of all maintenance work shall be considered incidental to other project work and no separate payment will be made. 4. COORDINATION It shall be the Contractor's responsibility to contact and work with the property owners, irrigation districts, ditch riders, utility companies, and any other parties as necessary to coordinate and install improvements required by this project. This coordination effort shall include, but not be limited to, coordination with utility companies in their efforts to relocate their facilities as a Eagle Road Water Main Relocation and Abandonment City Project #11079 result of this project, and working other than normal working hours to permit the relocation of the utilities and construction of the required improvements within the time frame of this contract. Utility information is shown only for surface features. The information shown is for reference purposes only and does not necessarily represent actual field conditions. The Engineer assumes no liability for the accuracy of the information shown, or conflicts due to inaccurate or incomplete utility information. The Contractor shall call Dig Line a minimum of 48 hours prior to any excavation to request utility locations at 1-800-342-1585. The Contractor shall expose all existing utility crossings to verify locations and elevations prior to any other construction that may affect those utilities. The cost associated with exposing the existing utilities is considered incidental to the project and no separate payment will be made unless otherwise specified on plans. Contractor shall coordinate all work with property owners and complete all work within existing public utilities or irrigation easements. All disturbed surfaces shall be restored to a condition equal to or better than existed prior to construction. All surface restoration shall be considered incidental to the project and no separate payment will be made. 5. ACCESS TO PROJECT Local access, business, and emergency vehicle access shall be maintained at all times. 6. QUANTITY PAYMENT Payment will be made for the actual quantity of each bid item completely installed and accepted by the Owner. Payment will be based upon the units specified for each item at the unit prices shown in the bid schedule or approved change order. 7. COMPACTION Compaction requirements shall be in accordance with Section 204 – Structural Excavation and Compacting Backfill, Section 306 - Trench Backfill, and applicable sections of Division 800 – Aggregates & Asphalts, of the ISPWC Specifications; Subsection 205.03(F) of the ITD Standard Specifications for Highway Construction. The cost to complete this work including watering and drying shall be considered incidental to the cost of the project and no additional payment shall be made. Contractor shall provide compaction testing of all materials by an independent thirty party testing firm. A copy of testing results shall be provided to the City Public Works Inspector. All excavation and trenching shall meet OSHA requirements and the applicable portions of the ISPWC and the ITD Standard Specifications. All cost to complete trench excavation and backfill is considered incidental to the pipe installation bid item and no separate payment will be made. Eagle Road Water Main Relocation and Abandonment City Project #11079 8. LANDSCAPING The Contractor shall maintain the existing landscaping in the same condition as found. If the contractor is unable to work around the landscaping then the work shall be completed and the contractor shall repair or replace the landscaping to an "as good or better condition" than existed before work started. The Contractor shall retain and protect any sprinkler systems encountered, unless specifically designated otherwise. The cost of this work shall be considered incidental to the project. All work to remove and reinstall existing trees or bushes shall be completed by a licensed landscape contractor. Removed trees or bushes that Contractor plans to reinstall shall be properly bedded and irrigated during construction activities. If existing trees and bushes are replaced with a new tree or bush, they shall be of same type and property owner shall approve items prior to Contractor planting items. Each new tree shall have a minimum caliper of 2-inches. 9. MISCELLANEOUS The Contractor shall repair or pay the owner to repair, any utility damaged during construction. The Contractor shall repair any sprinkler systems damaged during construction. The cost of these repairs, unless specifically identified as a bid item, shall be considered as incidental to the cost of the project, and no separate payment will be made. Removing and resetting of any existing street signs, fences, mailboxes, or miscellaneous items as required shall be incidental to the project and no separate payment shall be made. The Contractor shall perform, coordinate and schedule various construction tasks such that adequate protection is provided to all existing and new underground utilities. 10. HIGH VOLTAGE, OVERHEAD, POWER LINES The Contractor's attention is directed to, and compliance is required with, the requirements of Title 55, chapter 24, Idaho Code, which regulates certain work by contractors near high voltage, overhead, power lines. 11. SURVEYING The Owner will provide one set of horizontal control construction stakes for each new fire hydrant, new water main casing, new water main bend and at 100’ intervals along new water main. Vertical control shall be based off roadway improvement plans and roadway staking provided by others. It shall be the Contractor’s responsibility to protect construction stakes once requested by the Contractor. Construction stakes destroyed after being requested by the Contractor shall be restored at Contractor’s expense. These costs shall be deducted from progress payments. The Contractor shall remove all construction stakes remaining at project completion. The cost to remove stakes shall be considered incidental to the project. Contractor shall preserve all survey land monuments. If monuments are disturbed, Contractor shall be responsible for having a licensed professional surveyor reestablish monuments. Cost Eagle Road Water Main Relocation and Abandonment City Project #11079 shall be considered incidental to project. If Contractor fails to have monuments reestablished, the Owner shall contract with a licensed surveyor to reestablish disturbed monuments and the cost shall be deducted from the final payment. 12. TESTING Contractor shall provide compaction testing of all materials by an independent third-party testing firm. A copy of testing results shall be provided to the City Public Works Inspector. The Contractor shall provide all testing required to meet ACHD and ITD permit requirements. Contractor shall complete all ITD required forms for inspection, material testing and material certification. Trenches and asphalt shall be tested per the appropriate section of the ISPWC, ACHD and ITD permit requirements. Re-testing necessitated by the failure of quality assurance testing of materials placed by the Contractor shall be at the Contractor’s expense. These costs shall be deducted from progress payments. 13. ON-SITE SUPERVISION The General Contractor shall provide competent on-site supervision during any and all construction activities by his forces or subcontractors. The superintendent shall be identified at the preconstruction conference, and at a minimum be on-site from notice to proceed date to the substantial completion date. If for any reason the superintendent needs to be replaced by the General Contractor, a written notice must be submitted to the Owner within (5) five working days before the event occurs. 14. PERMITS The Contractor, at his own expense, shall procure all permits, certificates and licenses required of him by law for execution of the work. He shall comply with all federal, state, or local laws, ordinances or rules and regulations relating to the performance of the work. He shall file such reports of construction as required by law. The cost for this work is considered incidental to the project and no separate payment will be made. Contractor shall be responsible for obtaining an ACHD right-of-way permit (which is a no cost permit) for water line work on public roadways adjacent to Eagle Road (SH-55). A copy of the permit shall be provided to the City of Meridian Project Manager prior to starting work. This work is subject to the requirements of any permits obtained from the Idaho Department of Transportation (ITD) to complete the roadway and utility improvements. The Contractor shall comply with the requirements of all permits. The Contractor shall be responsible for contacting ITD and providing all notifications and forms as required by the permit. The cost of compliance is considered incidental to the project and no separate payment will be made. Eagle Road Water Main Relocation and Abandonment City Project #11079 15. SERVICE INTERUPTIONS Contractor shall provide continuous sewer and water service to all affected properties. Service disruptions of less than 4 hours may be acceptable with prior approval from the city. Property owners shall be notified of any service disruptions a minimum of 48 hours in advance. Contractor shall prepare a shutdown plan and submit the plan to the City at the pre-construction conference for review and approval. No work shall begin until the plan is approved by the City. The plan shall include the number of shutdowns, limits of each shutdown, time frame of each shutdown and properties to be impacted by each shutdown. The plan shall also include information about how the Contractor plans to notify impacted properties prior to each shutdown and which properties will be notified with each shutdown. If during construction the contractor wishes to make changes to the plan then the Contractor shall revise the plan and resubmit it to the City for approval. 15. PRIVATE PROPERTY ACCESS Prior to starting work on private property, the Contractor shall obtain written permission from the property owner to access each property to do the work. The Contractor shall take pictures of each property prior to starting the work. After all work is completed, the Contractor shall take pictures of each property and have each property owner provide written documentation that their property has been restored to an acceptable level. A copy of the pictures and written documentation shall be provided to the City. Contractor shall notify each property owner a minimum of 48 hours in advance of starting work on their property and/or any service interruptions. Contractor shall be responsible for contacting property owners and business owners to develop a work activity plan and a work schedule that is acceptable to the property owner, business owners and the City. Contractor shall be expected to develop a work activity plan and a work schedule that will limit the impact to businesses and associated parking lots. The Contractor shall be responsible for having each property owner sign the release form provided in Appendix B of these documents. The form shall be signed once all work has been completed. Final payment shall not be made by the City of Meridian until a copy of each form has been provided to the City. Eagle Road Water Main Relocation and Abandonment City Project #11079 SPECIAL PROVISIONS 1. 307.4.1.G.1 – TYPE P SURFACE RESTORATION ON PAGE 1 OF SECTION 307 OF THE ISPWC, PART 1, add the following: All work shall be in accordance with the Contractor’s Ada County Highway District right-of- way permit for water line work on public roadways adjacent to Eagle Road (SH-55). All work is subject to the requirements of any permits obtained from the Idaho Department of Transportation (ITD) to complete the roadway and utility improvements. The Contractor shall comply with the requirements of all permits. The Contractor shall be responsible for contacting ITD and providing all notifications and forms as required by the permit. ON PAGE 2 OF SECTION 307 OF THE ISPWC, PART 2, add the following: All materials within public roadways shall be in accordance with the requirements of the Ada County Highway District or the Idaho Transportation Department, whichever is the roadway governing agency. ON PAGE 5 OF SECTION 307 OF THE ISPWC, PART 3.8.B, add the following: All construction within public roadways shall be in accordance with the requirements of the Ada County Highway District or the Idaho Transportation Department, whichever is the roadway governing agency. ON PAGE 5 OF SECTION 307 OF THE ISPWC, PART 3.8.C, add the following: Base and subbase section shall match existing section unless otherwise required or approved by the Ada County Highway District or the Idaho Transportation Department, whichever is the roadway governing agency. ON PAGE 5 OF SECTION 307 OF THE ISPWC, PART 3.8.E, add the following: Pavement section shall match existing section unless otherwise required or approved by the Ada County Highway District or the Idaho Transportation Department, whichever is the roadway governing agency. ON PAGE 9 OF SECTION 307 OF THE ISPWC, PART 4.1, add the following: Construction limits for this item shall be as shown on the plans. Any surface restoration required beyond the specified construction limits shall be made by the Contractor at his expense and no separate payment will be made unless pre-approved by the City of Meridian. 2. 307.4.1.G.3.1 – TYPE P SURFACE RESTORATION WITH PAVEMENT FABRIC ON PAGE 1 OF SECTION 307 OF THE ISPWC, PART 1, add the following: Eagle Road Water Main Relocation and Abandonment City Project #11079 All work shall be in accordance with the Contractor’s Ada County Highway District right-of- way permit for water line work on public roadways adjacent to Eagle Road (SH-55). All work is subject to the requirements of any permits obtained from the Idaho Department of Transportation (ITD) to complete the roadway and utility improvements. The Contractor shall comply with the requirements of all permits. The Contractor shall be responsible for contacting ITD and providing all notifications and forms as required by the permit. ON PAGE 2 OF SECTION 307 OF THE ISPWC, PART 2, add the following: All materials within public roadways shall be in accordance with the requirements of the Ada County Highway District or the Idaho Transportation Department, whichever is the roadway governing agency. ON PAGE 3 OF SECTION 307 OF THE ISPWC, PART 2.4.A, replace the section with the following: Type III geotextile (filter fabric) shall be placed between the subgrade and the subbase in accordance with section 718.07 of ITD Standard Specifications for Highway Construction. ON PAGE 6 OF SECTION 307 OF THE ISPWC, PART 3.9.B, add the following: All construction within public roadways shall be in accordance with the requirements of the Ada County Highway District or the Idaho Transportation Department, whichever is the roadway governing agency. ON PAGE 6 OF SECTION 307 OF THE ISPWC, PART 3.9.C, add the following: Base and subbase section shall match existing section unless otherwise required or approved by the Ada County Highway District or the Idaho Transportation Department, whichever is the roadway governing agency. ON PAGE 6 OF SECTION 307 OF THE ISPWC, PART 3.9.E, add the following: Pavement section shall match existing section unless otherwise required or approved by the Ada County Highway District or the Idaho Transportation Department, whichever is the roadway governing agency. ON PAGE 9 OF SECTION 307 OF THE ISPWC, PART 4.1, add the following: Construction limits for this item shall be as shown on the plans. Any surface restoration required beyond the specified construction limits shall be made by the Contractor at his expense and no separate payment will be made unless pre-approved by the City of Meridian. 3. 308.4.1.A.1. – PIPE BORING AND JACKING ON PAGE 1 OF SECTION 308 OF THE ISPWC, PART 1.1.A, add the following; Eagle Road Water Main Relocation and Abandonment City Project #11079 This item includes furnishing all materials, equipment, and labor necessary to bore pipe crossings at the locations shown on the plans. Includes bore pit excavation and backfill, and all other miscellaneous work and materials required for a complete and workable installation. The steel casing pipe, pipe skids and end seals shall be furnished under the casing pipe bid item. Contractor shall contact governing irrigation district at least five days prior to starting work near irrigation facilities. 4. 310.4.1.A.1. – PIPE CASING AND SLEEVING See Section 310 of the City of Meridian Supplemental Specifications to the ISPWC. ON PAGE 5 OF SECTION 310 OF THE SUPPLEMENTAL SPECIFICATIONS, PART 2, add the following: Carrier pipe skids shall be a polyethylene casing spacer/insulator suitable for use with the type of carrier pipe material. They shall be a Calpico Model PX casing insulator, a CCI Piping Systems Model CSP casing spacer or an approved equal. The Contractor shall confirm that the casing spacer/insulator is suitable for use with the type of carrier pipe and the size of casing prior to ordering the casing spacer/insulator. It is expected that the Calpico Model PX casing insulator will not be suitable for use with all of the carrier pipes types and casing sizes included in this project. Water tight end seals shall be 1/8” thick neoprene seal boots attached to the pipe with stainless steel worm gear bands. Joint Restraints on PVC bell and spigot pipe shall be Uni-Flange Series 1350 or approved equal. Contractor shall verify joint restraints fit inside casing and adjust casing size as necessary prior to ordering casing. ON PAGE 5 OF SECTION 310 OF THE ISPWC, PART 3, add the following: Carrier pipe skids shall be installed in water main casings. Skids are not required on water service lines of 2” Ø or less. The ends of the annular space on all sleeves and casings shall be sealed with water tight seal boots. The casing pipe shall be installed at the same slope as the carrier pipe and the carrier pipe shall be centered inside the sleeve or casing pipe. Joint restraints shall be installed on PVC bell and spigot pipe water main at each joint inside casing. The annular space between the casing and carrier pipes SHALL be filled when the carrier pipe is HDPE pipe. The annular space between the casing and carrier pipe SHALL NOT be filled when the carrier pipe is fusible PVC pipe. Eagle Road Water Main Relocation and Abandonment City Project #11079 When extending an existing steel casing the new steel casing shall be welded to the existing steel casing to seal off the joint. Joints shall be butt welded or butt welded using butt straps if necessary to protect existing pipe. When using an existing water main as a casing pipe for a new water main, the existing water main shall be completely drained and or pumped out to remove all water prior to installing the new water main. ON PAGE 6 OF SECTION 310 OF THE SUPPLEMENTAL SPECIFICATIONS TO THE ISPWC, PART 4.1.A., replace with the following: Pipe Casing and Sleeving: By the linear foot measured on a horizontal basis through the centerline of the casing or sleeve pipe for the size of pipe indicated. Includes casing or sleeve pipe, pipe skids, carrier pipe joint restraints, annular space filling, end seals, and all appurtenances necessary for the completion of the bid item. 5. 401.4.1.A.1. – WATER MAIN ON PAGE 4 OF SECTION 401 OF THE ISPWC, PART 2.2., add the following: Water main shall be bell and spigot PVC pipe, fusible end PVC pipe, or HDPE pipe as indicated on the plans. HDPE flange adapters and HDPE bend fittings shall match the HDPE pipe pressure class. ON PAGE 7 OF SECTION 401 OF THE ISPWC, PART 2.8.C., add the following: A HDPE pipe concrete anchor shall be installed at the locations shown on the plans. The concrete shall be per ISPWC Section 703 – Cast-in-Place Concrete. The minimum compressive strength of the concrete shall be 2,500 psi. Multiple electrofusion flex restraints shall be attached to the outside of the pipe and centered in the concrete anchor. The number of flex restraints used shall be per manufactures recommendations. The electrofusion flex restraint shall be by GF Piping Systems, Integrity Fusion Products or approved equal. ON PAGE 9 OF SECTION 401 OF THE ISPWC, PART 3.2.R., add the following: HDPE pipe shall be joined together by heat fusion (butt welds) and the HDPE pipe shall be allowed to acclimate to new temperature for a time period recommended by pipe manufacturer prior to connecting any fittings or valves. Fusible PVC pipe and HDPE pipe fusion process shall be performed by a technician and/or contractor licensed and trained by pipe manufacturer. Only appropriately sized and outfitted fusion machines that have been approved by the pipe supplier shall be used for the fusion process. Each fusion joint shall be recorded and logged by an approved electronic monitoring device (data logger) connected to the fusion machine, which utilizes a current version of the pipe supplier’s recommended and compatible software. ON PAGE 9 OF SECTION 401 OF THE ISPWC, PART 3.2.S., add the following: Eagle Road Water Main Relocation and Abandonment City Project #11079 Contractor shall provide all temporary piping, valves, blow-offs, and other items required to install the new water pipe and to maintain service to existing users. ON PAGE 11 OF SECTION 401 OF THE ISPWC, PART 3.9, add the following: Flushing and disinfection shall be in accordance with section 401.3.9 of the City of Meridian Supplemental Specification and Drawings to the ISPWC. Heavily chlorinated water (above normal system residuals) shall be flushed through a dechlorinator such as a Romac Dechlorinator (378-0320) or other commercial device capable of dechlorinating the disinfection water concentration and flow encountered. Contractor shall receive permission in writing from land owner, irrigation district or storm drain system owner prior to discharging to land, irrigation facility or storm drain system. Flushing shall also be in accordance with the Idaho Department of Environmental Quality (IDEQ) Guidance for Public Water System Disposal of Water from Construction, Maintenance, and Operations. This document can be found at: http://www.deq.idaho.gov/media/1117311/pws-disposal-guidance-0414.pdf ON PAGE 17 OF SECTION 401 OF THE ISPWC, PART 4.1.A., add the following: Fittings are called out on the plans in order to aid the Contractor in understanding the intent of the planned construction. All required fittings are considered incidental to the pipe bid item and no separate payment will be made. Any additional fittings required to complete the work which are not shown on the plans shall be furnished and installed by the Contractor under the pipe bid item and no separate payment will be made. The Contractor may provide fittings differing from those called for on the plans with the approval of the Meridian Public Works Department. The Contractor shall provide all materials, equipment, and labor necessary to make adjustments at non-potable pipe crossings to install water main in accordance with the Idaho Rules for Public Drinking Water Systems (IDAPA 58.01.08). 6. 402.4.1.A.1. – GATE VALVE ON PAGE 4 OF SECTION 402 OF THE ISPWC, PART 2.7, add the following: Valve box lids shall be a non-pop lid as manufactured by SW Services. Lid shall be blue in color and stamped “WATER”. ON PAGE 4 OF SECTION 402 OF THE ISPWC, PART 3.2, add the following: Contractor shall protect and retain valve covers through all phases of construction. Preliminary adjustments may be required to allow placing of base courses and paving over the valve boxes. Valve boxes shall be adjusted to final grade and the concrete collar constructed after paving is completed. 7. 706.4.1.G.1. – CONCRETE REPAIR ON PAGE 3 OF SECTION 706 OF THE ISPWC, PART 3, add the following: Eagle Road Water Main Relocation and Abandonment City Project #11079 All pedestrian ramps damaged during construction shall be reconstructed with ADA detectable warning domes in accordance with the ISPWC, ITD requirements, ACHD requirements, and ADA requirements. All concrete repair shall occur from existing joint to existing joint. ON PAGE 7 OF SECTION 706 OF THE ISPWC, PART 4.1.G., add the following: Construction limits for this item shall be as shown on the plans. Any concrete repair required beyond the specified construction limits shall be made by the Contractor at his expense and no separate payment will be made unless pre-approved by the City of Meridian. 8. 1001.4.1.A.1. – SEDIMENT CONTROL ON PAGE 1 OF SECTION 1001 OF THE ISPWC, PART 1.1, add the following: This item shall also include furnishing all materials, equipment and labor required to provide storm water management during construction in accordance with the City of Meridian’s Construction Storm Water Management Program. See Appendix A. ON PAGE 1 OF SECTION 1001 OF THE ISPWC, PART 1.1, add the following: The Contractor shall prepare and submit an Erosion and Sediment Control Plan (ESCP) to the City, ITD and ACHD for approval. The Contractor shall make any required changes to the ESCP and resubmit for final approval. A copy of the final approved ESCP shall be provided to the City of Meridian prior to starting work. Coordinate erosion and sediment control activities with the City Project Manager, City Inspector and or Environmental Programs Coordinator. Contractor shall be responsible for providing all storm water management in accordance with all local, state, and federal laws. Contractor shall determine expected area of disturbance and apply for applicable permits. Contractor shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP), Notice of Intent, Notice of Termination, and any other required forms to the EPA. Contractor is responsible for installing, maintaining, removing and disposing of all Best Management Practices (BMPs) and for all documentation required to keep the ESCP current. All items that are not specifically itemized on the bid schedule shall be considered incidental to the project. 9. 1103.4.1.A.1. – CONSTRUCTION TRAFFIC CONTROL ON PAGE 1 OF SECTION 1103 OF THE ISPWC, PART 1.1, add the following: This item includes providing all necessary traffic control to complete the City of Meridian utility work that is not provided as part of the roadway improvement project traffic control bid item. ON PAGE 7 OF SECTION 1103 OF THE ISPWC, PART 4.1.A., replace the entire section with: Eagle Road Water Main Relocation and Abandonment City Project #11079 Payment for Traffic Control shall be on a lump sum basis. Partial payment shall be made as follows: 1) 50% of the contract unit price will be made on the first progress payment. 2) Remaining 50% of contract unit price will be made on the second progress payment. 10. 2030.4.1.C.1. – ADJUST EXISTING VALVE BOX TO GRADE ON PAGE 1 OF SECTION 2030 OF THE ISPWC, PART 1.1.A, add the following: All adjustments required on new water valve boxes installed as part of this project shall be considered incidental to the gate valve bid item. Existing valve box lids shall be replaced with an ABS/Polycarbonate non-pop lid as manufactured by SW Services. Lid shall be blue in color and stamped “WATER”. A concrete collar shall be constructed at each valve box. ON PAGE 3 OF SECTION 2030 OF THE ISPWC, PART 3.1.F., replace the entire section with the following: Contractor shall protect and retain all existing valve covers through all phases of construction. Preliminary adjustments may be required to allow placing of base courses and paving over the valve boxes. Valve boxes shall be adjusted to final grade and the concrete collar constructed after paving is completed. 11. 2010.4.1.A.1. – MOBILIZATION ON PAGE 1 OF SECTION 2010 OF THE ISPWC, PART 2.1.A., replace the entire section with: Project information signs shall be furnished, installed and subsequently removed at each end of the project. Signs shall be prepared in accordance with ITD permit, ACHD permit and City of Meridian Standard Drawing G4. ON PAGE 2 OF SECTION 2010 OF THE ISPWC, PART 4.1.A., replace the entire section with: Payment for Mobilization shall be on a lump sum basis. Partial payment for Mobilization shall be made as follows: 1) 50% of the contract unit price will be made on the first progress payment. 2) Remaining 50% of contract unit price will be made on second progress payment. 12. SP-1 – ABANDON EXISTING WATER LINE Description: This section of the specifications includes furnishing all materials, equipment and labor necessary to abandon existing water lines at the locations shown on the plans. Workmanship: All existing water lines to be abandoned shall be excavated and removed from the project unless otherwise noted on the plans to be abandoned in place and filled with sand or low strength grout. Existing water lines shall be abandoned in place and filled when the line to be abandoned falls within the existing Eagle Road pavement and the pavement is not being cut as part of the roadway improvement project. Eagle Road Water Main Relocation and Abandonment City Project #11079 Abandonment and removal of existing water lines shall consist of excavating and removing all pipe, fittings, valves, thrust blocks, concrete collars and other appurtenances from the project site. Abandonment in place and filled with sand or low strength grout, shall consist of excavating and removing all fittings, valves, thrust blocks and concrete collars from the project site. The existing pipe shall be filled with sand or low strength grout and each end of the existing pipe shall be capped or plugged with 24” of concrete. When an existing water service line to be abandoned is connected to an existing water main that is to be kept in service, then a red brass plug shall be installed in the service saddle at the existing water main and a minimum of 5’ of the service line shall be removed. Abandoned service pipe shall be removed to the extent possible, without performing significant amounts of additional unnecessary excavation. Contractor shall allow the City to inspect all removed materials and the City shall determine which materials they wish to retain. Contractor shall deliver all materials the City wishes to retain to the City Water Department storage yard. Contractor shall remove all other materials from the job site and dispose of them at an appropriate site. Measurement and Payment: Abandon Existing Water Main shall be on a per each basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: SP-1 Abandon Existing Water Line…………………………..…………...…..Per Linear Foot 13. SP-2 – LAWN SOD RESTORATION Description: This item includes furnishing all materials, equipment, and labor necessary to restore existing sod surfaces or establish new sod surfaces at the locations specifically shown on the plans. All other existing sod areas damaged during construction shall be restored and considered incidental to the project. Materials: Fertilizers shall comply with the following chemical analysis: 15% to 20% Nitrogen (N) 20% to 25% Phosphorous (P2O5) 2% to 10% Potassium (K2O) Sod shall consist of Merrion, Parks, Delta or Windsor Kentucky Bluegrass or combinations of approved fine textured grasses suitable for the area to be sodded and closely matching adjacent grass. Workmanship: The lawn areas shall be tilled to a minimum depth of 6 inches by such means as will loosen the soil and bring it to condition suitable for fine grading. Prior to and during the operation, the surface shall be made free of vegetative growth. All stones, hard clods, roots, sticks, debris and other matter encountered during tilling which are detrimental to the Eagle Road Water Main Relocation and Abandonment City Project #11079 preparation of a good seed bed, or which are toxic to the growth of grass, shall be removed. Four inches of topsoil shall then be placed under the areas to receive sod. The area shall be floated and rolled to bring it to the finished grade. All irregularities in the surface that form pockets where water will stand shall be smoothed out to provide good drainage. The finished grade of lawn area adjacent to walks, curbs, driveways and pavements shall be approximately 1 inch below adjacent grades. Fertilizers shall be spread evenly over the cultivated areas at a rate of 4 pounds per 1,000 square feet and shall be uniformly incorporated into the upper 3 inches of the soil, after which the areas shall be worked as necessary to provide a smooth, firm but friable lawn bed at the established grades. Sod shall be placed in straight strips. The joints between strips shall be butted together, tight and without gaps. Sod shall be placed in a manner to stagger the end joints of the rolls. The sod shall be rolled with a 100-pound roller after placement. The surface of the finished sod shall be smooth, uniform and mowable. Contractor shall repair any damaged sprinkler systems and adjust all disturbed sprinkler heads. Measurement and Payment: Lawn Sod Restoration shall be on a square foot basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Construction limits for this item shall be as shown on the plans. Any sod restoration required beyond the specified construction limits shall be made by the Contractor at his expense and no separate payment will be made unless preapproved by the City. Payment for this item shall be made under: SP-2 Lawn Sod Restoration…………........……………………………...…..Per Square Foot 14. SP-3 – REMOVE EXISTING TREE Description: This item includes furnishing all materials, equipment, and labor necessary to remove existing trees at the locations shown on the plans. Workmanship: The entire tree shall be removed, including the stump and roots, or if the removal of the roots could damage nearby structures or utilities, the Contractor shall grind up the stump and shallow roots. The Contractor shall be responsible for protecting existing trees not called out for removal with the water line improvement project area and must use practible care in the protection of trees, tree branches and tree roots within the construction limits. Excavation for the water line improvements shall be carried out in a way that avoids root damage as much as practicable. Existing trees overhanging the project area may be impacted by the Contractor’s construction activities. If necessary, the Contractor shall trim existing tree limbs and roots that can’t be avoided. All trimming shall be performed by a tree service company under the supervision and direction of a certified arborist. Eagle Road Water Main Relocation and Abandonment City Project #11079 Measurement and Payment: Remove Existing Tree shall be on a per each basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Payment for this item shall be made under: SP-3 Remove Existing Tree...…………………………………......………...……..…Per Each 15. SP-4 – CCTV EXISTING WATER MAIN TO CONFIRM SUITABILITY AS A CASING Description: This item includes furnishing all materials, equipment and labor necessary to complete a CCTV inspection on the existing water main to confirm its suitability for using as a casing pipe at the locations shown on the plans. Workmanship: Contractor shall confirm that the existing pipe is in good condition and that there are no fittings on the water main or other issues that would prevent the installation of a new water main within the existing water main. Measurement and Payment: CCTV Existing Water Main to Confirm Suitability as a Casing shall be on a per linear foot basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. SP-4 CCTV Existing Water Main to Confirm Suitability as a Casing…..…..Per Linear Foot 16. SP-5 – WATER SERVICE LINE (METER TO MAIN) Description: This item includes furnishing all materials, equipment and labor necessary to install a new water service line from the new mater main to an existing or relocated water meter setter at the locations shown on the plans. Workmanship: City of Meridian Specifications prohibit the splicing of water service lines therefore, a new line shall be installed continuous from the new water main to the existing meter setter unless identified on the plans and approved by the City of Meridian. Transferring the connection of a service from an existing main to a new main shall only occur after the new main is completed, pressure tested, disinfected and approved for service. Transferring the service shall consist of excavating the service at the water meter, excavation of a trench from the existing meter to the new water main, furnishing and installing a tapping saddle and corporation stop, furnishing and installing a new service line from the new main to the existing meter setter, making all connections, backfilling the trench and other work required to complete the transfer. The existing service pipe shall be removed to the extent possible, without performing significant amounts of additional unnecessary excavation. Measurement and Payment: Water Service Line (Meter to Main) shall be on a per linear foot basis and shall include all labor, equipment, and materials necessary for the completion of the bid item. Eagle Road Water Main Relocation and Abandonment City Project #11079 Payment for this item shall be made under: SP-5 Water Service Line (Meter to Main). ……...……………………………Per Linear Foot Eagle Road Water Main Relocation and Abandonment City Project #11079 A P PENDIX A CONSTRUCTION STORM WATER MANAGEMENT PROGRAM (CSWMP) FOR CITY OF MERIDIAN CONTRUCTION PROJECTS Revised July 2, 2013 CITY CAPITAL IMPROVEMENT PROJECTS WATER POLLUTION CONTROL GENERAL Water pollution control work shall conform to the provisions in the latest edition of the Construction Stormwater Management Program (CSWMP) For City of Meridian Construction Projects and all other local , State and Federal requirements for prevention of stormwater pollution from construction activity including, but not limited to , the U.S. Environmental Protection Agency (EPA) Construction General Permit (CGP). The Contractor shall obtain other National Pollutant Discharge Elimination System (NPDES) permits that apply to activities and mobile operations within or outside of the project limits including asphalt batch plants , material borrow areas , concrete plants, staging areas, storage yards , or access roads. Copies of additional required coverage permits shall be maintained with the stormwater management plan. The Contractor shall perform water pollution control work in conformance with the requirements of the CSWMP; any Stormwater Pollution Prevention Plan (SWPPP) or Erosion Sediment Control Plan (ESCP) as well as the Construction General Permit (CGP) and its addenda in effect on the day Notice of Award is dated, or which became effective during the life of the construction project as directed by the EPA. The CGP and other references to Federal documents related to performing water pollution control work are available from the Environmental Protection Agency 's (EPA) web site at: http://cfpub.epa.gov/npdes/stormwater/cgp.cfm EROSION AND SEDIMENT CONTROL PLANS For City construction projects that do not require coverage under the CGP, the Design Consultant shall prepare an Erosion and Sediment Control Plan (ESCP). The ESCP will be a simplified version of the SWPPP associated with larger projects and include the following components: • Project name, location map, and responsible Contractor; • Project description; • Identification of potential pollutants and potential impacts on water quality; and , • Plan drawings depicting storm water management strategy, including the management of wastes and non-storm water discharges. For City construction projects that do not require coverage under the CGP, and are constructed entirely within the Ada County Highway District (ACHD) right of way , the Design Consultant shall prepare the Erosion and Sediment Control Plan (ESCP) to meet ACHD 's storm water management requirements identified in the District's Municipal Separate Storm Sewer System (MS4) permit. A-1 CS WMP -Appendix A_Rev ise d Ju ly 2, 201 3.doc A substantially complete ESCP will be submitted by the Design Engineer to the City Project Manager prior to the beginning of bidding process for City approval. The Public Works Environmental staff will review and approve the ESCP prior to the start of bid process. Upon bid award and prior to implementation on site, the Contractor shall review and amend the substantially complete ESCP for site specific conditions and/or changes in BMP's as necessary, submit a Final ESCP to the City for review and approval, and implement the Final ESCP on site. The Final ESCP shall be updated as required throughout construction phase using a modification process similar to that for SWPPPs. The ESCP will be active on each City Project until the City accepts the work. All ESCP inspections and end of project processes shall follow the SWPPP process noted below. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) For projects requiring coverage under the CGP, the Design Consultant shall develop and provide to the City Project Manager for bid documents, a substantially complete SWPPP document. The Public Works Environmental staff will review and approve all substantially complete SWPPP's prior to inclusion into the bid documents. Upon bid award, the Contractor shall review and amend the bid SWPPP to include contractor specific information such as duly authorized forms and for site specific conditions and/or changes in BMP's as necessary, submit a Final SWPPP to the City for review/approval and implement the SWPPP on site. The Public Works Environmental staff will review and approve all Final SWPPP's prior to either operator filing an NOI and implementation on site. The substantially complete SWPPP and Final SWPPP must be in color, hole punched and inserted into a hard cover three ring binder, must follow the formatting of the latest EPA SWPPP template, must be site specific, shall conform to the requirements in the current CGP and shall include water pollution control practices for storm water and non-storm water from areas within and outside of the job site related to construction activities for this contract such as: 1. Staging areas. 2. Storage yards. 3. Access roads. 4. Disturbed areas. The SWPPP shall include a schedule that: A. Describes when work activities that could cause water pollution will be performed. B. Identifies soil stabilization and sediment control practices for disturbed soil area. C. Includes dates when these practices will be complete. The SWPPP shall include temporary water pollution control practices and their associated contract items of work as shown on the plans or specified in these special provisions. A-2 CSWMP -Appendix A_Revised July 2, 2013.doc A substantially complete SWPPP will be submitted to the City Project Manager by the Design Consultant prior to the beginning of bidding process for City approval. The Public Works Environmental staff will review, request any necessary changes to, and approve the substantially complete SWPPP prior to the start of bids. Upon Notice to Proceed, Contractor shall have 10 days to provide the necessary Contractor related information to be included in the substantially complete SWPPP. Contractor related information will include, but may not be limited to; Operator information, responsible person information and training, amended substantially complete SWPPP for site specific conditions and/or changes in BMP's as necessary. Once the Contractor completes review of the substantially complete SWPPP and provides the necessary Contractor related information and makes proposed changes, the Contractor shall submit the updated substantially complete SWPPP for approval to the City Project Manager. The Contractor shall allow 10 days for the City's Public Works Environmental staff review. If revisions are required, the City will provide comments and specify the date that the review stopped. The Contractor shall revise and resubmit the Final SWPPP within 10 days of receipt of the City's comments. The City's review will resume when the updated substantially complete SWPPP, with changes, is resubmitted. When the City approves the Final SWPPP, the Contractor shall submit two copies of the approved Final SWPPP to the City. Upon completion of a Final SWPPP, the City and the Contractor shall coordinate together to submit separate Notices of Intent (NOI) to EPA Region 10. The SWPPP shall be updated as required throughout construction phase using a similar amendment process as stated in the EPA CGP. The SWPPP will be active on each City Project until the City accepts the work or until the City releases the contractor from responsibility as an operator as defined in the EPA CGP. The Contractor shall not perform earth disturbing activities, as defined in the current version of the EPA CGP, that may cause water pollution until the Final SWPPP has been approved by the City, both the Contractor and the City meet the required waiting period as defined by the current EPA CGP after filing separate NOis, and a preconstruction SWPPP inspection with the Contractor and City has been conducted and meets the approval of the City Inspector. The City's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State and local laws, regulations, and requirements. The Contractor shall modify the Final SWPPP, as required by current versions of the City CSWMP and the EPA CGP throughout the life of the project to meet site requirements. If there is a change in construction schedule or activities, the Contractor shall prepare a modification to the Final SWPPP to identify additional or revised water pollution control practices. The Contractor shall submit the modification to the City Project Manager who will forward to the Public Works Environmental staff for review within a time agreed to by the City not to exceed the number of days specified for the preparation of the Final SWPPP. The City will review the modification within the same time allotted for the review of the Final SWPPP. If directed by the City or requested in writing by the Contractor and approved by the City, changes to the water pollution control work specified in these special provisions will be allowed. Changes may include addition of new water pollution control practices. The Contractor shall incorporate these changes in the Final SWPPP. A-3 CSWMP -Appendix A_Revised July 2, 2013.doc The Contractor shall keep a copy of the approved Final SWPPP and all modifications at the job site. The Final SWPPP and all modifications shall be made available when requested by a representative of the EPA; a state, tribal or local agency approving sediment and erosion plans, grading plans, or storm water management plans; local government officials; the operator of a municipal separate storm sewer receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to the requestor. Requests from the public shall be directed to the City. IMPLEMENTATION REQUIREMENTS The Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered by the City. The Contractor shall provide a qualified responsible person with applicable qualifications to update SWPPPs, conduct and record inspections, and to meet other CGP requirements. A qualified responsible person shall, at minimum, possess a City of Boise Responsible Person certification and either be certified through the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control or Certified Professional in Stormwater Quality; have completed a 4-hour stormwater erosion & sediment control training such as the Idaho Transportation Department's Resident Engineer Stormwater training, or other similar government agency training; or have similar comparable experience and certification through another recognized agency. A copy of the certification shall be provided in the SWPPP. At a minimum, the Owner and the Contractor shall sign and certify the SWPPP and all associated stormwater management documentation in accordance with the CGP. If the ranking corporate officer does not sign the SWPPP and all associated stormwater management documentation, then they must be signed by a duly authorized person so designated by the Contractor in a formal letter on corporate letterhead. If the Contractor or the City identifies a deficiency in the implementation of the approved Final SWPPP, the deficiency shall be corrected in accordance with the current EPA CGP,. The deficiency shall be corrected before the onset of precipitation. If the Contractor fails to correct the deficiency by the agreed date or before the onset of precipitation, the City may correct the deficiency and deduct the cost of correcting deficiencies from payments. If the Contractor fails to conform to the provisions of this section, "Water Pollution Control," the City Inspector, Project Manager or Surface Water Program Administrator may order the suspension of work (at Contractor's expense) until the project complies with the requirements of this section. The Contractor shall construct water pollution control items identified in the SWPPP. The Contractor shall maintain the water pollution control items until the City has accepted the project and the Contractor has filed an NOT with the EPA. The Contractor can only file an NOT after receiving authorization to do so by the City. A-4 CSWMP -Appendix A_Revised July 2, 2013.doc INSPECTION AND MAINTENANCE Weekly storm water management inspections will be conducted on City construction sites. The Contractor and the City will perform weekly storm water management inspections together. One copy of the City's Inspection Form or the current version of the EPA's Stormwater Construction Site Inspection Report will be completed by both the City and the Contractor, including signatures, during the weekly storm water management inspection. Alternate inspection forms may be utilized, provided they have been previously reviewed and approved for use by the City at the time of finalizing the SWPPP. The Contractor shall inspect the water pollution control practices identified in the SWPPP as follows: A. Before a forecasted storm, B. After precipitation that causes site runoff, C. At 24-hour intervals during extended precipitation, D. On a predetermined schedule, a minimum of once every 7 days. The Contractor shall oversee the maintenance of the water pollution control practices. REPORTING REQUIREMENTS If the Contractor identifies discharges into surface waters or drainage systems causing or potentially causing pollution, or if the project receives a written notice or order from a regulatory agency, the Contractor shall immediately inform the City Inspector and Project Manager. The Contractor shall submit a written report to the Project Manager within 7 days of the discharge, notice or order. The report shall include the following information: A. The date, time, location, and nature of the operation, type of discharge and quantity, and the cause of the notice or order. B. The water pollution control practices used before the discharge, or before receiving the notice or order. C. The date of placement and type of additional or altered water pollution control practices placed after the discharge, or after receiving the notice or order. D. A maintenance schedule for affected water pollution control practices. PROJECT COMPLETION The City may authorize removal of the Contractor from further storm water management obligations once the construction is completed. Contractor must submit a completed "Contractor Request to File Project Notice of Termination" for City review to the Project Manager. The Contractor Request to File Project Notice of Termination is included in Appendix D of the City's CSWMP. Upon completion of construction and City approval of the "Contractor Request to File Project Notice of Termination", the Contractor may submit their NOT thereby shifting responsibility for final stabilization to the City. The NOT serves as notification that construction activities with a potential to release pollutants are complete and that the construction site is A-5 CSWMP -Appendix A_Revised July 2, 2013.doc stabilized, and that stormwater inspections and documents are complete and accurate in accordance with the provisions of the CGP. END OF PROJECT DOCUMENTATION Before the City accepts the project and before final payment, contractor must supply the City with a copy of all storm water management documentation associated with the project including the field copy of the SWPPP, completed inspection forms and any other documentation to meet the requirements of the CGP. The copies must be in color, 3 ring hole punched and inserted into a hard cover three ring binder, and must follow the formatting of the EPA SWPPP template. PAYMENT During each estimate period the Contractor fails to conform to the provisions in this section, "Water Pollution Control," or fails to implement water pollution control practices the City may withhold payment. The contract price presented in the schedule of values for preparing and implementing the storm water pollution prevention plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP, as specified in the Standard Specifications and these special provisions, and as directed by the City or City's Duly Authorized Representative. The contract price is a fixed price and any changes to the project for additional storm water pollution prevention to comply with the CGP after the start of construction will be at the Contractor's expense. The contract price shall be itemized and stated as in "Measurement and Payment" parts of Division 1000 of the ISPWC. Payments for storm water pollution prevention will be made as follows: A. Upon City approval of the SWPPP and a preconstruction SWPPP Inspection with a Project Compliance rating of 1, 50 percent of the contract item price for storm water pollution prevention may be included in Contractors progress payment request. B. Upon City acceptance of the project, the remaining 50 percent of the contract item price for storm water pollution prevention may be included in Contractor's progress payment request. Implementation of water pollution control practices in areas outside the project limits not specifically provided for in the SWPPP or in these special provisions will not be paid for. A-6 CSWMP -Appendix A_Revised July 2, 2013.doc Eagle Road Water Main Relocation and Abandonment City Project #11079 APPENDIX B PROPERTY OWNER RELEASE FORM Eagle Road Water Main Relocation and Abandonment City Project #11079 CITY OF MERIDIAN PROPERTY OWNER RELEASE FORM Property Owner Name: ______________________________________________________ Property Address: ______________________________________________________ ______________________________________________________ CONTRACTOR CERTIFICATION _______________________________, hereinafter referred to as “CONTRACTOR”, entered into an Agreement with the City of Meridian, hereafter referred to as “CITY”, to perform and furnish all services and work in association with the City of Meridian project ___________________________________________________________________________. CONTRACTOR review of the completed restoration work effort was performed on __________ Day of _________________________________, 2021 at _________ (P.M.) (A.M.). It is my opinion the area has been satisfactorily restored to a condition equal to or better than condition prior to construction. ________________________ Authorized Contractor Signature Date PROPERTY OWNER RELEASE I, ________________________________________ (property owner’s name), have reviewed the CONTRACTOR’S restoration work operation on the subject property and it has been performed to a satisfactory condition, including, but not limited to: • Backfill and compaction • Repair/replacement of items damaged by CONTRACTOR • Removal of construction debris including rocks and stones • Utility repair • Surface restoration completed • Irrigation/drainage conveyance systems functional Property Owner Name (Printed) ________________________ Property Owner Name (Signature) Date