The total contract amount to be paid for satisfactory completion of the above work is hereby agreed to be:

Transcription

1 DICK ANDERSON CONSTRUCTION, INC. SUBCONTRACT 3424 HIGHWAY 12 EAST * HELENA, MONTANA TRI-HILL FRONTAGE ROAD * GREAT FALLS, MONTANA JACKRABBIT LANE * BOZEMAN, MONTANA THIS AGREEMENT, Made this day of, 20, by and between hereinafter called the Subcontractor, and DICK ANDERSON CONSTRUCTION, INC., hereinafter called the Contractor, WITNESSETH: SECTION 1: The Subcontractor agrees to furnish all materials, labor, tools, equipment, services and supplies, and to fully construct, perform and in every respect complete all work set forth in Section 2 hereof, in the construction of for, hereinafter called the OWNER, at, in accordance with the terms and provisions of the contract between the Owner and the Contractor, dated, including all the general and special conditions, drawings and specifications, and other documents and addenda thereto, now or at any time hereafter forming or by reference made a part of the contract between the Owner and the Contractor, all of which are by this reference made a part of the subcontract. SECTION 2: The work to be done by the Subcontractor and the consideration to be paid therefore will consist of, but is not necessarily limited to the furnishing of all plant, labor, equipment, appliances and materials and performance of all operations in connection with the installation of all work complete in accordance with specifications and drawings including incidentals necessary and required for their completion as per. The Subcontractor guarantees that the work to be done and material to be furnished under this Subcontract will comply with the plans, drawings, and specifications of the general contract for the same period of time and to the same extent and in the same manner as the Contractor is required to guarantee said work under the terms of the general contract. The total contract amount to be paid for satisfactory completion of the above work is hereby agreed to be: $ Retention will be held at the rate of %. Monthly estimates must be received by the Contractor from the Subcontractor on or before the be included in the Contractor s monthly payment estimate to the Owner. day of each month, in order to THIS CONTRACT MUST BE SIGNED AND RETURNED TO DICK ANDERSON CONSTRUCTION WITHIN 10 DAYS OR DICK ANDERSON CONSTRUCTION MAY, IN ITS DISCRETION, VOID THE OFFER PRESENTED HEREIN, AND SUBCONTRACTOR AGREES THAT IT SHALL HAVE NO RECOURSE AGAINST DICK ANDERSON CONSTRUCTION, WHATSOEVER.

2 SECTION 3: The Subcontractor will begin the work immediately upon receipt of notice to proceed from the Contractor, and will prosecute such work to completion diligently and so as not to delay the Contractor in the performance of its contract with the Owner. The Subcontractor will fully complete the work required by. The parties acknowledge that the time specified herein for completion of the Subcontractor s work is an essential part of this agreement, and that delay therein will cause serious damage, difficult to assess. For each calendar day of delay in completing performance, the Subcontractor will pay the Contractor ($ ) as liquidated damages. Payment of such damages shall not release the Subcontractor from any obligation under this subcontract. No extension of time, for any cause whatever, shall be claimed by or made to the Subcontractor, except for reasons and causes provided for in the Contractor s agreement with the Owner for an extension of time to the Contractor, and unless the Subcontractor shall have made written request upon the Contractor for such extension within forty-eight (48) hours after the cause for such extension occurred and a similar extension of time is granted to the Contractor by the Owner by reason thereof. No extension of time shall, in any event, be made to the Subcontractor for delay by the Subcontractor in preparing drawings or in securing approval of the Owner s representative thereto when such drawings are not properly prepared, or when the Subcontractor, by the exercise of reasonable diligence and judgment, could have anticipated and avoided the delay. All drawings of the Subcontractor must be submitted for approval through the Contractor s office. SECTION 4: It is understood and agreed that Subcontractor shall not be entitled to receive extra compensation for extra work of any kind whatsoever, regardless of whether same was ordered by the Contractor or any of its representatives unless such extra order is given in writing, which constitutes a change order, is signed by an authorized representative of the Contractor, and contains the cost of such change. No change, modification, or alteration of this Subcontract shall be valid unless it be in writing, duly executed by the parties hereto, and no course of dealing between the Contractor and Subcontractor shall be construed to alter the terms of this Subcontract in any manner. SECTION 5: The Contractor agrees to pay to the Subcontractor, for the performance of this contract, the consideration as set forth in Section 2 hereof, subject to additions and deductions as may be agreed upon in writing, payable as follows: Within seven (7) working days after receipt from the Owner of payment for the work of the Subcontractor completed and accepted during the prior estimate period, the Contractor will pay to the Subcontractor the amount due, less agreed upon retainage, of the consideration to be paid to the Subcontractor for such work, computed in accordance with the provision of Section 2 hereof. Upon complete performance of this subcontract by the Subcontractor, and approval, acceptance and payment for the Subcontractor s materials and work by the Owner, the Contractor shall make final payment to the Subcontractor of the balance due the Subcontractor within seven (7) working days after final payment is received by the Contractor from the Owner. No payment on account shall operate as an approval and acceptance for the work done or materials furnished, or any part thereof. The Contractor may deduct from any amounts due or to become due to the Subcontractor hereunder any sum or sums owing by the Subcontractor to the Contractor; and, in the event of any breach by the Subcontractor of any provision of this subcontract, or in the event of the assertion by other parties of any claim or lien against the Contractor of the premises arising out of the Subcontractor s performance of this contract, the Contractor may retain, out of any payments due or to become due to the Subcontractor, an amount sufficient to completely protect the Contractor from any and all loss, damage, and expense there from, until the situation has been remedied or adjusted by the Subcontractor to the satisfaction of the Contractor. SECTION 6: The Subcontractor acknowledges and hereby agrees that he will be solely responsible for the cleaning, unloading, and storing of all his materials supplies and installed on said project. The Subcontractor also acknowledges and hereby agrees that the will be solely responsible for all clean up related to his work. The Contractor will charge the Subcontractor accordingly for any clean up that is not done by the Subcontractor that is determined to be the Subcontractor s responsibility. The Subcontractor will have twentyfour (24) hours to comply with a verbal or written notice to clean up his site. SECTION 7: It is hereby made a part of this contract that the subcontractor will warrant with respect to labor requirements, wage scales, overtime wages, nondiscrimination, equal employment practices and immigration regulations, compliance with all statutory and specification requirements, including payment of all taxes assessed against its labor and reporting of certified payroll, when applicable. Prior to final payment, the subcontractor may be required to submit proof of payment of all wages, benefits and payroll taxes. The subcontractor agrees to indemnify the Contractor and the Owner against and save the Contractor and the Owner harmless from any and all claims, suits, liability, expense or damage for any alleged or actual infringement or violation of any labor law or regulation arising in connection with this subcontract. SECTION 8: The Subcontractor shall provide and maintain compensation insurance for the protection of the Subcontractor s employees, as required by law of an employer and as will protect the Subcontractor from loss or damage because of personal injuries, including death, to his employees. The Subcontractor shall provide and maintain public liability insurance as will protect him, the Contractor, and the Owner from claims for damages for personal injury, including death, suffered by persons and damages to property which may arise from his operations under this contract. This insurance shall provide Contractor with Products/Completed Operations liability coverage and shall be primary and non-contributory and in such form and in such amounts as may be determined by addendum or, from time to time, by the Contractor. Minimally, the Subcontractor shall carry $1,000,000 commercial general liability and business auto with aggregate limits of $2,000,000 applicable per project.

3 The Subcontractor shall furnish the Contractor with satisfactory evidence that such insurance is provided and in full force and effect before starting work, and at any other time when requested by the Contractor. To the fullest extent permitted by law, Subcontractor agrees to indemnify the Contractor against and save the Contractor harmless from liability for injuries to or death of an employee of the Subcontractor. SECTION 9: The Subcontractor acknowledges and hereby agrees that he will fully comply with the Occupational Safety and Health Act of 1970, and all amendments thereto, in respect to his employees, and further agrees to indemnify and save harmless the Contractor and the Owner from any and all claims or legal liabilities arising from the Subcontractor s failure to comply with such act. Subcontractor also agrees to provide us with the previous years and a current year OSHA 300 Log, when requested. SECTION 10: The Subcontractor shall, within days from date, furnish to the Contractor a bond in the penal sum of ($ ), conditioned for the faithful performance of this contract in all its particulars and the payment by the Subcontractor of all labor and materials furnished hereunder, said bond to be in such form and with such sureties as will be acceptable to the Contractor. SECTION 11: Whenever, in the opinion of the Contractor, the work of the Subcontractor is not progressing as expeditiously as it should, the Contractor may require the Subcontractor to furnish additional machinery, tools and equipment and employ additional labor, and if, in the opinion of the Contractor, it is desirable to do so, the Subcontractor may, in such case, be required to work additional shifts of labor, all without extra cost or expense to the Contractor. In the event the Subcontractor fails to comply or becomes disabled from complying with any of the provisions of this contract, and the failure is not corrected within forty eight (48) hours after written request by the Contractor to the Subcontractor, the Contractor may, without prejudice to any other right or remedy, take possession of all tools, machinery, and equipment of the Subcontractor, and take over and complete the performance of this subcontract at the expense of the Subcontractor; or, the Contractor may, in such event, without taking over the work, furnish the necessary materials and/or employ the necessary workmen required to remedy the situation, at the expense of the Subcontractor. It is agreed that the Subcontractor shall be considered as disabled from complying with his Subcontract whenever a petition in bankruptcy is filed by or against the Subcontractor, whenever the Subcontractor is adjudged a bankrupt, whenever the Subcontractor makes a general assignment for the benefit of the Subcontractor s creditors, or whenever a receiver is appointed on account of the insolvency of the Subcontractor. SECTION 12: Subcontractor is unconditionally obligated to provide a labor force consisting of a sufficient number of properly skilled workers to meet the project schedule applicable to its work. General Contractor has sole discretionary authority to require Subcontractor to supplement its labor force to the extent deemed necessary by General Contractor to ensure that Subcontractor s work progresses in accordance with the project schedule. At the General Contractors option, the subcontractor shall provide to General Contractor at its field office daily written reports of the size of the labor force that Subcontractor employs on the project. Each report shall specify the tasks performed by Subcontractors labor force on that day and shall break down the total labor force employed into specific types and numbers of workers (for example, laborers, mechanics, etc.). Subcontractor s daily report shall be signed by Subcontractor s foreman. In the event that General Contractor determines, in its sole discretion, that Subcontractor has failed or refused to provide a sufficient labor force to meet the project schedule, General Contractor may, without being required to do so and without waiving its other remedies under the Subcontract, supplement Subcontractor s labor force and charge Subcontractor for all costs incurred in doing so, including reasonable overhead, profit, and attorney s fees. General Contractor is required to give Subcontractor written notice of its determination that Subcontractor has failed to provide a sufficient labor force and shall give subcontractor forty-eight (48) hours from such notice to cure any identified deficiencies before General Contractor supplements the labor force as described above. General Contractor may withhold payment of all monies due Subcontractor pending Subcontractor s performance of corrective action, as required by General Contractor, relating to Subcontractor s insufficient labor force. In the event that Subcontractor fails to provide a sufficient labor force to maintain the project schedule, mere payment of money damages may not adequately protect the interests of General Contractor. Therefore, in the event that General Contractor determines that Subcontractor has failed or refused to provide a sufficient labor force, Subcontractor agrees that General Contractor has the right to apply to a court of proper jurisdiction for an order requiring Subcontractor s immediate specific performance of its contractual duties by furnishing to the project the additional labor force deemed necessary by General Contractor. SECTION 13: The Subcontractor is further specifically obligated to the Contractor to the fullest extent permitted by law as follows: (a) To indemnify the Contractor against and save the Contractor harmless from any and all claims, suits, liability, expense or damage for any alleged or actual infringement or violation of any patent or patent right, arising in connection with this subcontract and anything done there under; (b) To indemnify the Contractor against and save the Contractor harmless for liability, damages, losses or costs, including but not limited to reasonable attorney fees, to the extent that the liability, damages, losses or costs are caused in whole or in part by an act or omission of the Subcontractor, or others working for the Subcontractor; (c) To pay for all materials furnished and work and labor performed under this subcontract, and to satisfy the Contractor thereupon whenever demand is made, and to indemnify the Contractor and the Owner against and save them and the premises harmless from any and all claims, suits or liens therefore, by others working for the Subcontractor; (d) To obtain and pay for all permits, licenses and official inspections made necessary by the Subcontractor s work, and to comply with all laws, ordinances and regulations bearing on the Subcontractor s work and the conduct thereof; (e) Not to employ or keep on the job any person not acceptable to the Owner or the Contractor; (f) To warrant and guarantee the work and the materials covered by this subcontract, and to make good, at the Subcontractor s own expense, any defect in materials or workmanship which may occur or develop after this agreement is terminated as well as while it is in force; (g) To assume towards the Contractor all the obligations and responsibilities that the Contractor

4 assumes towards the Owner, as set forth in the contract, general and special conditions, drawings, specifications, and other documents hereinabove referred to, insofar as applicable generally or specifically to the portion of the work covered by this subcontract; (h) To indemnify the Contractor and the Owner against and save them harmless from loss, damage, costs or expense, including counsel fees, suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this subcontract. SECTION 14: The Subcontractor shall not assign or sublet this contract, or any part thereof, without the written consent of the Contractor. SECTION 15: Should the general contract be terminated by the Owner in accordance with any provision therein for termination, or should the Contractor be prevented or excused from continuing to furnish to the Owner the work and materials hereby required to be provided by the Subcontractor, then this subcontract may immediately be terminated by the Contractor. Upon any such termination of this subcontract, the Contractor s only obligation hereunder shall be to make a settlement with the Subcontractor computed as nearly as possible in the same manner and upon the same basis as any settlement received from the Owner. Furthermore, the Contractor, without invalidating this Subcontract or any bonds or security furnished hereunder, and without notice to the sureties, if any, may, at any time after the execution of the Subcontract, reduce or omit the Subcontractor s scope of Work. The Contractor shall order such reductions or omissions by giving written notice to the Subcontractor not later than five (5) days prior to when the Work that has been reduced or omitted was scheduled to begin. When Work is omitted or reduced, in whole or in part, the General Contractor shall pay, subject to the provisions of this Subcontract, for all Work actually performed. Subcontractor is not entitled to compensation or damages for any losses, including loss of profit or overhead relating to the reduced or omitted work. It is specifically understood and agreed that once the work under this Subcontract is completed (whether provided on a time and materials basis or otherwise), the Contractor has no further obligation to hire, retain or contract with the Subcontractor, or others working for or supplying the Subcontractor, including material suppliers, and there is no guarantee of any future or additional work, whether to be performed for the Owner or Contractor, or on any other project, as no future or additional work is contemplated or implied by this agreement. SECTION 16: The Subcontractor agrees to be bound by any applicable Federal renegotiation provisions. SECTION 17: All negotiations and agreements prior to the date of this contract are merged herein. SECTION 18: It is agreed by and between the parties hereto that there will be no concerted failure to report to work, cessation or interruption of work, slowdown, strike, picketing, or lockout, during the term of this agreement, or during any period of time while negotiations are in progress between the parties hereto for the continuance or renewal of the Agreement. A strike shall be defined as an intentional slowdown in the rate of production, any intentional interruption of production or suspension of work stoppage, any work stoppage, labor holiday, continuous meeting or concerted mass sickness. SECTION 19: It is the policy of the Contractor, that we must have the following information in our files, within 10 days after you receive this subcontract: (1) Proof of Liability Insurance Coverage including Products and Completed Operations Liability coverage applicable to the Contractor and this project. (2) Proof that Dick Anderson Construction is named as an Additional Insured in regards to all required endorsements. (3) Proof of Worker s Compensation Insurance Coverage and Experience Mod. Factor (4) Copy of Certificate of Contractor Registration (5) Completed W-9 Form (if not previously on file) (6) Provide current Company safety plan and job specific safety plan. NOTE: Subcontractor to provide Contractor with a copy of all items specified in this section for each of their Subcontractors. THIS CONTRACT MUST BE SIGNED AND RETURNED TO DICK ANDERSON CONSTRUCTION WITHIN 10 DAYS OR DICK ANDERSON CONSTRUCTION MAY, IN ITS DISCRETION, VOID THE OFFER PRESENTED HEREIN, AND SUBCONTRACTOR AGREES THAT IT SHALL HAVE NO RECOURSE AGAINST DICK ANDERSON CONSTRUCTION, WHATSOEVER.

5 SECTION 19: Additional Provisions: 1. SEE EXHIBIT A. IN WITNESS WHEREOF, the parties have executed this Subcontract by their proper officers, duly authorized herein. IN THE PRESENCE OF: As to Subcontractor (Subcontractor) By Title Name: Address: Contractor s State License No.: As to Contractor DICK ANDERSON CONSTRUCTION, INC. (Contractor) By

6 EXHIBIT A ATTACHMENT TO SUBCONTRACT AGREEMENT DICK ANDERSON CONSTRUCTION, INC. 1. shall provide all required resources to comply with DAC s project schedule and work to progress in a sequence that conforms to the project schedule. 2. shall supply their hourly labor rates including overhead and profit to D.A.C. for use in calculating extra work order changes. 3. shall comply at all times with federal, state and local safety laws. They shall also comply with DAC s safety policies. 4. Subcontractor Request for Payment form must be accompanied by all supporting material and supplier invoices; any secondary-level subcontractor invoices; a complete employee payroll check register for the included pay periods; and, a signed Lien Waiver form. Please note that if applicable, certified payroll reports are required weekly. Minimum pay rates are to be as specified in the contract documents. 5. The final payment will require a waiver of lien for all obligations of related to this project. In addition to a lien waiver, complete submittal, and acceptance by owner, of all required as-built drawings, warranties, operational and maintenance manuals, diagrams, etc. which fully meet the project specifications must be done prior to any final payment. 6. Any deductible paid by DAC because of a claim on DAC s Builders Risk policy, shall be reimbursed by. This shall be done through a deductive change order in the amount of the deductible. 7. shall provide five sets of submittals for the architects approval. The submittal package should include shop drawings, material samples, color charts, painting schedule, and laboratory test results as required. All submittal packages shall be COMPLETE. By transmitting submittals to DAC, is guaranteeing that a careful review has been made of all submittal items in regard to compliance with all applicable specifications and plan sheets. Where dimensioning is required, all dimensions shall be thoroughly checked. 8. shall provide/furnish all supervision, labor, equipment, and materials (SLEM) required to complete the work on the project as detailed in the plans, specifications, addenda and particularly specification section(s). 9. shall furnish and install incidentals to the work as required to ensure a complete and professional job. 10. All vehicles will be parked. No parking will be allowed within the construction area. 11. In the event of any falsification of subcontractor s documents, or misrepresentation of legal or financial status, at the sole discretion of DAC, may result in immediate contract termination. 12. All subcontractors will be required to attend a weekly jobsite safety meeting. All personnel working on the jobsite will need to adhere to all Dick Anderson Constructions Safety plan, and all OSHA regulations as

7 applicable. All workers on the jobsite must wear hard hats, steel toe boots, and safety glasses at all times. Any subcontractor that is found in non-compliance will be subject to our subcontractor disciplinary policy. 13. Each subcontractor will be responsible for cleanup and removal from the jobsite and all debris caused by their work. A garbage container and/or garbage truck shall not be provided for your use. Cleanup must be done on a daily basis. Should the subcontractor fail to comply with these housekeeping provisions, the contractor may perform these functions with his own crew, at the expense of the subcontractor. In addition, this cleanup may be performed on an overtime basis. Cleanup charges will be billed by the actual cost plus 20% markup. 14. In the event is permitted to use any DAC equipment, either through a written rental agreement or as occasional use, assumes all risk and liability for and agrees to hold DAC and its assigns harmless for injuries or death to persons, property damage, including said equipment, arising out of the use, possession or transportation of the equipment. 15. All extra work over and above the contract must be presented to our office with a complete breakdown of labor and materials required to perform the work. Contractor will not pay for any additional work unless Dick Anderson Construction has signed a change order. 16. All subcontractor s jobsite representatives will be required to attend a weekly scheduling meeting when requested by the Contractors superintendent. 17. Contractor makes no assurances that power, light, or water will be provided at the points the Subcontractor may require. Sources of power and water will be made to general areas for subcontractor extension. Adequate lighting for access ways will be provided but subcontractor may require additional lights for work operations. 18. Subcontractor will be given basic survey information defining grid line location and permanent benchmark for elevation. From these, subcontractor shall layout their own measurements. 19. Inclusions/Clarifications

8 To Subcontractor: DICK ANDERSON CONSTRUCTION, INC HIGHWAY 12 EAST, HELENA, MT PHONE (406) FAX (406) TRI-HILL FRONTAGE RD, GREAT FALLS, MT PHONE (406) FAX (406) JACKRABBIT LANE, BOZEMAN, MT PHONE (406) Enclosed you will find two (2) Subcontract Agreements. Please sign both copies and return to the correct office. (Helena, Great Falls or Bozeman.) We will then sign the contracts and return one original copy to you. We have enclosed a sample of our forms that we request you use: 1. Request for Payment please do not fax in your pay request. We will not accept the pay request unless it is the original. You must include supporting documentation for the amount billed with copies of all material and supplier invoices; any secondary-level subcontractor invoices; a complete employee payroll check register for the included pay periods; and a signed lien waiver. 2. Change Order Request- upon any changes to your contract please submit this change order request form. 3. Contractor/Subcontractor Conditional Waiver & Release Upon Progress Paymentyou will need to make copies and submit with each pay request. 4. (Optional) Equipment rental rates and labor. -enclosed you will find a listing of DAC s equipment and labor rates. This is the rate we charge should you need to utilize these resources. We have also enclosed a letter explaining our insurance requirements, a checklist for your agent to complete, and a sample of the Certificate of Insurance in the format we need. If applicable, we will enclose the wage rates if we need certified payroll on the job. We look forward to working with you on this project. By following these steps it will help make the project a success. Sincerely, Project Manager Dick Anderson Construction, Inc.

9 DICK ANDERSON CONSTRUCTION, INC HIGHWAY 12 EAST, HELENA, MT PHONE (406) FAX (406) TRI-HILL FRONTAGE RD, GREAT FALLS, MT PHONE (406) FAX (406) JACKRABBIT LANE, BOZEMAN, MT PHONE (406) SUBCONTRACT DOCUMENTS CHECKLIST JOB: SUBCONTRACTOR: DATE: Please check-off to ensure the following documents are returned to Dick Anderson Construction prior to beginning work. All documents must be received before the first check will be issued. Sign and Return TWO Copies of Subcontract (we will sign and return one to you) Proof of Liability Insurance Coverage Listing Dick Anderson Construction as Additional Insured Copy of Contractor Registration Certificate OR Proof of Labor Bond filed with State Proof of Workers Compensation Insurance Coverage and Experience Modifier Factor Completed W-9 Form or provide Employer Identification Number (If first time contractor, not previously on file, or if have a change in business entity) Current Company Safety Plan and Job-Specific Safety Plan Certified payroll reports are due weekly to Dick Anderson Construction. *Note: Subcontractor must provide all items specified for each of your subcontractors. Please complete this checklist and return with your Subcontract (Admin: File completed document with Subcontract in Job Book)

10 Dick Anderson Construction, Inc HIGHWAY 12 EAST, HELENA, MT PHONE (406) FAX (406) TRI-HILL FRONTAGE RD, GREAT FALLS, MT PHONE (406) FAX (406) JACKRABBIT LANE, BOZEMAN, MT PHONE (406) SUBCONTRACTOR REQUEST FOR PAYMENT SUBCONTRACTOR: PROJECT: PAY REQUEST # FROM TO 1. Original Contract Amount 2. Approved Changes 3. Total Current Contract 4. Total Work Complete To Date 5. Less Retainage % 6. Less State 1% Tax (If applicable) 7. Total Earned Less Retainage & 1% (Line 4 minus Lines 5-6) 8. Less Amounts Previously Billed (Line 7 From Last Pay Request) 9. Current Payment Due (To Be Completed By Dick Anderson Construction) Gross Retainage % 1% Due This Payment

11 Dick Anderson Construction, Inc HIGHWAY 12 EAST, HELENA, MT PHONE (406) FAX (406) TRI-HILL FRONTAGE RD, GREAT FALLS, MT PHONE (406) FAX (406) JACKRABBIT LANE, BOZEMAN, MT PHONE (406) TO: ATTN: PHONE: FAX: WORK TO BE DONE CHANGE ORDER PROPOSAL Change Request No: Job Name: DAC Job #: Contract #: Date of Proposal: DIRECT LABOR ESTIMATED ACTUAL Hours Rate Total Labor Hours $ $ Supervision Hours $ $ $ SUBTOTAL LABOR MATERIAL ESTIMATED ACTUAL Quantity Unit Cost Total $ $ $ $ $ $ $ $ $ SUBTOTAL MATERIAL OTHER ESTIMATED ACTUAL Bonds, Insurance, Permits $ Cleanup and Handling $ Consumables $ Project Management & Administration $ Safety $ Subcontracting $ Tools & Supplies $ Travel & Subsistence $ Other/Miscellaneous $ Overhead $ Profit $ SUBTOTAL OTHER $ TOTAL PROPOSED CHANGE ORDER COSTS $ This change requires a time extension of day(s). Pricing void/subject to revision after. The costs represented in this Change Proposal include only those that can be identified at this time. No impact or delay costs are included. Should it be determined at a later date that the project has been impacted by multiple changes, delays, or other causes beyond our control, we are reserving our right to submit additional costs at such time. Submitted By: Approved By: Date: Date:

12 CONTRACTOR / SUBCONTRACTOR CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT STATE OF MONTANA COUNTY OF PROJECT NO: CONTRACT NO: TO WHOM IT MAY CONCERN: Upon receipt by the undersigned company of a PROGRESS PAYMENT from Dick Anderson Construction, Inc. in the sum of $ DOLLARS, Payable to (Contractor / Subcontractor) and when the check has been properly endorsed and paid by the bank upon which it is drawn, this document shall become effective to waive and release any mechanic's lien, stop notice or bond right the undersigned has on the job of the owner located at (Location of Job) in, (City) (State) to the following extent. This release covers progress payment for labor, services, equipment or materials furnished through only, and does not cover any retention withheld, or items furnished after said date. Executed this day of, 20. Company: By: Title: (Witness)

13 DICK ANDERSON CONSTRUCTION, INC HIGHWAY 12 EAST, HELENA, MT PHONE (406) FAX (406) TRI-HILL FRONTAGE RD, GREAT FALLS, MT PHONE (406) FAX (406) JACKRABBIT LANE, BOZEMAN, MT PHONE (406) Dear Subcontractor: Please read this letter carefully. The information contained in this letter will affect whether or not you may enter into a contract with us. Should your bid succeed, our contract requires that you provide us with proof of insurance, per the following sample certificate with the below stated minimum requirements: Include $1,000,000 limits for commercial general liability and business auto Include commercial general liability aggregate limits of $2,000,000 with the general aggregate limit applicable per project. Name us as an Additional Insured on a primary basis on the commercial general liability portion for ongoing and completed work per ISO form CG (or on substitute forms providing equivalent coverage), a combination of ISO forms CG and CG Your are required to attach copies of Additional Insured forms Include a Waiver of Subrogation on the commercial general liability portion Provide Workers Compensation at statutory limits for all employees on job sites Include Employers Liability $1,000,000/$1,000,000/$1,000,000 Additionally, we require: Your business to carry completed operations insurance for a minimum period of 1 year following completion of project, or as may be required by contract Your business to name our company as an Additional Insured on your commercial general liability insurance for as long as completed operations coverage is required At least 30 days written notice prior to cancellation or termination of your commercial general liability, business auto liability, and workers compensation insurance. Per our contract, we must have the insurance certificates and a signed, completed Subcontract returned prior to your business commencing any work or services on the project. Please provide your insurance agent a copy of this letter, the following checklist, and the sample insurance certificate. Thank you, Dick Anderson Construction

14 DICK ANDERSON CONSTRUCTION, INC. INSURANCE COMPLIANCE STATEMENT Subcontractor Name: Subcontractor License Number: Subcontractor Phone: Project: Subcontractor Fax: SECTION BELOW TO BE COMPLETED BY YOUR INSURANCE AGENT The purpose of this document (Subcontractor Insurance Compliance Statement) is to confirm that the insurance requirements contained in our Subcontract Agreement with your company are provided for our mutual protection. Certificates of Insurance forms typically used by the insurance industry are inadequate, given the number of restrictive endorsements currently used by the insurance industry and not notated on the certificates. This document supplements the Certificate of Insurance and must be completed by your insurance agent for our mutual benefit. Please have your agent fax or mail a copy of this Statement with your initial Certificate of Insurance. Are any of the following restrictive endorsements or exclusions on your Commercial General Liability or Umbrella policy? YES NO 1 Residential or multi-family exclusions 2 Subsidence or earth movement exclusion 3 Exterior Insulation and Finish System (EIFS exclusion) 4 Mold or indoor air quality exclusion 5 Damage to your work performed by subcontractor exclusion (ie. CG2294 or CG2295) 6 Endorsement or modification of Commercial General Liability Form arising from Pollution, explosion, collapse, underground property damage. Please Confirm that the following items are included: 7 Additional Insured Status to include completed operations exposures (Either through form CG /85 or combination of CG /04 & /04- or equivalents) 8 Contractual coverage provided in the Insured s Insurance Policy includes Tort Liability assumed in the Indemnity Agreement between Dick Anderson Construction Inc. and Subcontractor 9 Waiver of Subrogation 10 Additional insured coverage applies as primary, non-contributory insurance with respect to any other insurance afforded to Owner and Contractor 11 General Liability aggregates apply on a per project basis? 12 Endeavor to language deleted on certificate Name of Subcontractor: Completed by: (Subcontractor s Insurance Agent) Name Agency Agency s Mailing Address Date Agency s Phone Number Agency s Fax Number

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