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17- Contract Documents - Ohmdahl Excavation & Utilities Inc. - 2017 Oliver & Church Street Reconstruction Project
TVs ;� x 1►s� tr' �3 ••• 18830. •• t BIDDER'S CHECKLIST Please utilize the following Bidder's Checklist before submitting your bid. 1) Original Bid Bond Enclosed? (Personal checks, business checks, and faxed copies are not acceptable.) 2) Bid Proposal: a. Arithmetic Checked? b._Unit Bid amounts agree with math calulations? C. All Addenda acknowledged on proposal sheet and cover? d. Signature portion completely filled out? e. Bid Proposal intact in Contract Documents DO NOT REMOVE!!!! f. Non-Descrimination Affirmation form completed and signed? 3) Bid Envelope: a. Addressed properly? (See Article 1 —Bids, Instructions to Bidders) b. Contains the Contract Documents and Specifications booklet? C. Acknowledged Receipt of Addenda? d. Sealed? 4) Bid Submitted prior to required time at specified location? Be sure to seal your bid. Include project name, bid date/time, contractor name, contractor registration number, and acknowledgement of all addenda(by number) on the outside of the bid envelope. Leave all sheets intact in the Contract Documents and Specifications booklet. Return the complete Contract Documents and Specifications booklet. ALL BID DOCUMENTS AND BONDS MUST BE ORIGINALS. NO FAXED COPIES WILL BE ACCEPTED. CITY OF BOZEMAN, MONTANA 2017 OLIVE & CHURCH STREET RECONSTRUCTION PROJECT March 2017 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Non-Discrimination Affirmation Form Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions Montana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICATIONS Special Provisions 01590—Storm Water Pollution Prevention Plan&Attached Documents 02602—Pipe Boring&Jacking 02721 —Hydrodynamic Separator Unit 27100—Fiber Optic Conduit Measurement and Payment APPENDICES Standard Drawings Utility Occupancy Guidelines Conduit Specifications CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 2017 Olive & Church Street Reconstruction Project Separate sealed bids for construction of City of Bozeman 2017 Olive & Church Street Reconstruction Project will be received by the City Clerk at the office of City Hall, 121 North Rouse Ave., P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 p.m., local time, March 21, 2017 and then publicly opened and read aloud. Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk's Office, Suite 202, City Hall, 121 No. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk's Office, Suite 202, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Bids must be received before 2 p.m. Tuesday, March 21, 2017. Original copies must be submitted- no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. The project work is generally described as follows: Reconstruction of East Olive Street from South Black Avenue to South Church Avenue and reconstruction of South Church Avenue from East Olive Street to East Babcock Street including: replacement of existing water mains, valves, fittings and appurtenances, sewer mains and manholes, and storm drainage pipe inlets and manholes; removing the existing road section from curb to curb and constructing a new road section, new signage, spot replacement of existing sidewalks, adjusting existing utilities to accommodate the new roadway, restoring boulevards to pre-existing conditions, and all related work incidental to construction. The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771- 1230, 406-582-2280, in accordance with the Instruction to Bidders. Required deposit is $60.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department at 10:00 a.m. on March 13, 2017. Interested CONTRACTORS are encouraged to attend. Section 00100 INVITATION TO BID Page I of 2 CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees and to all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 p.m. local time, March 21, 2017. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 5t" day of March, 2017. Robin Crough, CIVIC City Clerk, City of Bozeman Published Bozeman, Montana, March 5, 2017 March 12, 2017 Section 00100 INVITATION TO BID Page 2 of 2 INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy of the Contract Documents. All Bids must be legibly written in ink,with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the Clerk of the Commission,City Hall, 121 North Rouse Ave.,P.O.Box 1230,Bozeman,Montana 59771-1230, and endorsed on the outside of the envelope with the words: CITY OF BOZEMAN 2017 OLIVE & CHURCH STREET RECONSTRUCTION PROJECT. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee,in the amount stipulated in the Invitation To Bid,made unconditionally payable to the Owner,which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership,the name and residence of each member must be inserted. In case the Bid is submitted by,or on behalf of,a corporation,it must be signed in the name of such corporation by an official who is authorized to bind the corporation,and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONLY ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others,may be required to submit satisfactory evidence of this authority to do so. The title of the person(s)executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge of the particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved(a)maintains a permanent place of business;(b)has adequate plant and equipment to do the work properly and expeditiously; (c)has a suitable financial status to meet obligations incident to 1 INSTRUCTIONS TO BIDDERS the work; and (d) has appropriate technical experience. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification,61" Edition(MPWSS),shall be used to govern the contractual and performance aspects of this project,and is hereby incorporated as part of these CONTRACT DOCUMENTS,as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications 6t'Edition(COB MODS),dated March 31, 2011, including all addenda which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman,in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound herein Bid Bond...................................... Bound Herein Agreement Form...........................Bound Herein Payment Bond..............................MPWSS/Bound Herein Performance Bond........................MPWSS/Bound Herein Standard General Conditions........MPWSS/Bound Herein Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed............. MPWSS/Bound Herein Field Order...................MPWSS/Bound Herein Change Order.....................MPWSS/Bound Herein Work Directive Change.......MPWSS/Bound Herein Application For Payment (Guidance Only)............... Bound Herein Certificate of Substantial Completion........................MPWSS Order to Contractor to 2 INSTRUCTIONS TO BIDDERS Suspend Work...............Bound Herein Order to Contractor to Resume Work...............Bound Herein Contractors Certificate And Release...............MPWSS Lien Waiver for Prime Contractor................MP W S S Lien Waiver for Subcontractor/Supplier...MP W S S Wage Rates...................................Bound Herein Special Provisions..........................Bound Herein 01590......................................Erosion Control 02602......................................Pipe Boring & Jacking 02721......................................Hydrodynamic Separator Unit Technical Specification...................MPWSS, COB MODS, & Bound Herein Appendix A—Standard Drawings...........Bound Herein Plan Set EXAMINATION OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws,ordinances,rules and regulations that may in any manner affect cost,progress or performance of the Work; and(d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may,upon request,examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness,nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request,Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 3 INSTRUCTIONS TO BIDDERS Where logs of test borings are included in the contract plans,it is agreed that such logs do not constitute a part of the contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which,or the dates by which,the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal,shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 North Rouse Ave. P.O. Box 1230 Bozeman, MT 59771-1230 The envelope shall also contain the following information: 4 INSTRUCTIONS TO BIDDERS Name of Project: CITY OF BOZEMAN 2017 OLIVE & CHURCH STREET RECONSTRUCTION PROJECT. Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.:_,_,_,-. In the lower left hand corner of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. March 21, 2017. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price,the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions,conditions,stipulations,erasures,or other irregularities. F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. H. The proposal must include a completed and signed Non-discrimination affirmation form. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. 5 INSTRUCTIONS TO BIDDERS Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: By: Corporate Seal Title: If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. Before submitting a proposal,each Contractor should read the complete Contract Documents(including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to his subcontractors. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that,during progress of the work, 6 INSTRUCTIONS TO BIDDERS the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. MODIFICATIONS AND WITHDRAWAL OF BID A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. If,within twenty-four(24)hours after Bids are opened,any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid,that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids,or portions of Bids if denoted in the Bid as separate schedules,and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted,or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened,the apparent low Bidder,and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor,if requested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor,they may, before giving the Notice of Award,request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution,the contract may not be awarded to such Bidder,but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. 7 INSTRUCTIONS TO BIDDERS The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of Award will be required in the performance of the work. AWARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive,unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also rej ect the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Proj ect to make an award to that Bidder,whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability,or fails to meet any other pertinent standard or criteria established by the OWNER.The OWNER also reserves the right to waive all informalities not involving price,time,or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers,and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. if the Contract is to be awarded,0_)VNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded,OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day of the bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If,at any time this Contract is to be awarded,the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF AWARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees,except those of the three lowest Bidders,will be 8 INSTRUCTIONS TO BIDDERS returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten(10)days following the award of the contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds,there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROVAL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen(15) days following receipt from the Bidder of the signed Agreements and Bonds,the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. FAILURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. Award may then be made to the next lowest responsible and qualified Bidder,or the work may be re-advertised as the Owner may decide. BOUND COPY OF CONTRACT DOCUMENTS None of the Instructions to Bidders,Bid Form,Bond forms,Agreement,contract stipulations,or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty(30)days,progress payments will be made monthly for any work accomplished during the preceding month,but subject to retainage as specified elsewhere. 9 INSTRUCTIONS TO BIDDERS PREVAILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE(MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Ti-Lie h8, Chapter i, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders.The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further,wherever possible,products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price,quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 10 INSTRUCTIONS TO BIDDERS BID FORM 2017 OLIVE & CHURCH STREET RECONSTRUCTION PROJECT CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations,municipal ordinances and other factors which may affect the performance of the Work,and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of 2017 OLIVE & CHURCH STREET RECONSTRUCTION PROJECT, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in,and form a permanent part of,the work;tools,equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 160 calendar days. Where multiple schedules are awarded under a single Contract,the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 & 2.3 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above,after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the 1 BID FORM contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Schedule 1: General Conditions &reconstruction of East Olive Street from South Black Avenue to South Church Avenue including: removing the existing road section from curb to curb and constructing a new road section, new signage, spot replacement of existing sidewalks, replacing drive approaches, adjusting existing utilities to accommodate the new roadway, restoring boulevards to pre-existing conditions, and all related work incidental to construction. Estimated Total Estimated Item Description Unit Unit Price Quantity Price 101 Taxes, Bonds, Insurance L.S. 3LOov ' 1 Zocu - 102 Mobilization L.S. 6 ydov - 1 G y6700 103 SWPPP Implementation L.S. It 50a - 1 i Z Soo Unclassi104 Subgradeled Excavation Above C.Y. 'S 5,345 8.2 $�/ S� 105 Remove Existing Concrete Curb L.F. 3,445 /$9 y7 Remove Existing Concrete Sidewalk 106 Ped Ramps, and Drive & Alley S.F. 3 5,367 --Approaches /G/bI ' 107 Geotextile Separation Fabric S.Y. / 9,010 90/e - 108 3" Minus Uncrushed Subbase C.Y. a7 2,503 &758/ _ 109 1" Minus Crushed Base Course C.Y. -3-5- 1,251 51/Z$3' Asphalt Concrete Pavement 3" r)5 n 5- 110 Thickness S.Y. Is 6,497 91353 Illl Concrete Curb and Gutter L.F. 1 5 � 3,445 3391 7 112 Ped Ramps, Drive and Alley SF ''✓ 5 254 i A . . Approach, and Sidewalk (6" Depth) 7 �d 71 S 113 Concrete Sidewalk 4" Depth S.F. & ` 1,388 g 328 " 114 ADA Detectable Warning Panel S.F. s S' 220 12!o o " 115 Adjust Existing Manhole To Grade Each y50 ' 2 900 116 Site Restoration and Sod L.S. 1 o,00d ' 1 /0,o u 0 117 Traffic Control L.S. 25000 ' 1 P.S opv' 118 2" Square Tube Metal Posts LF a5- 455 /5925`- 119 Aluminum Signs S.F. 31 45 /317 ' 120 Preformed Inlaid Plastic Pavement L.F. 60 Marking-White (8") $yv ' Preformed Inlaid Plastic Pavement 121 Marking-White (24") L.F. X7 - 180 y86o 122 Epoxy Pavement Marking-Curb Gal 04 2 6 " 10 a�v ca " 3 BID FORM Top & Face 123 Construction Staking L.S. /8000 - - 124 Miscellaneous Work Each $1.00 35,000 $35,000.00 TOTAL SCHEDULE I BID $ �f211�h�SL.�z/�'�a�cL!✓�ar�n�r�r / ^� �5,�-�L�l �'�1.ic�--r r51� (TOTAL SCHEDUL 1 BID - WRITTEN WORDS) Schedule 2: Replacement of existing water mains, valves, fittings and appurtenances on East Olive Street from South Black Avenue to South Church Avenue including cross street connections. Estimated Total Estimated Item Description Unit Unit Price Quantity Price 201 Connection to Existing Main Each o 0 e o - 8 $000 202 4" MJ Gate Valve w/ V.B. Each 13 So' 1 a 3 3o' 203 6" MJ Gate Valve w/ V.B. Each i g 5o" 1 f 5s0' 204 8" MJ Gate Valve w/ V.B. Each 1900 - 3 5 you' 205 10" MJ Gate Valve w/V.B. Each a2t 50- 1 A250- 206 12" MJ Gate Valve w/V.B. Each 3500" 8 2 8000 207 14" MJ Gate Valve w/V.B. Each 7R50 - I -7ygo' 208 10" x 8" MJ Reducer Each $�" 1 500 209 12" x 10" MJ Reducer Each 700- 1 '7 00- 210 14" x 12" MJ Reducer Each goo- 1 9 0 0 211 8"x 6" MJ Tee Each - a 2 212 10" x 6" MJ Tee Each !3D U - 1 oc� 213 12" x 8" MJ Tee Each 1/&c7- 2 ov 214 12" MJ Tee Each i 3 Sv` 2 2'7dv 215 1 12" 22 '/z deg MJ Bend Each J300- 2 1 G o o ' 216 10" 22 % deg MJ Bend Each 68o' 2 5100- 217 12" x 8" Cross Each /3 0 0' 1 j 3 00 - 218 8" Cross Each $So - 1 i350- 219 4" & 6" Service Assembly Each Sys 2 900- 220 4" CL 51 D.I.P. L.F. 50 36 /Sao" 221 6" CL 51 D.I.P. L.F. 5 s- 36 / 980" 222 8" CL 51 D.I.P. L.F. b n` 72 q 3 Z o- 223 10" CL 51 D.I.P. L.F. &5 - 445 .299a6,- 224 12" CL 51 D.I.P. L.F. '7 5 " 965 7A 375 225 14" CL 51 D.I.P. L.F. lln " 41 q5 ILI - 226 Service reconnection w/in trench limits 2" diameter and smaller Each �- 21a- 227 Service reconnection outside trench limits 2" diameter and smaller L'F' S S` 120 6 dv 4 BID FORM 228 Install Expansion Tank and Each 2 Backflow Preventer 1700 229 Fire Hydrant 6' bury Each 5500 - 1 SSa0' 230 Fire Hydrant 6.5' bury Each 5700 ' 1 6 7O0- 231 Remove Existing Hydrant Each 1000 - 1 1000- 232 Insulation L.F. /o - 1,008 100 go- 233 Jack & Bore L.S. g8000' 1 z/$000- 234 Temporary Water System L.S. 3'1000 1 y000 - 235 Type 2 Pipe Bedding C.Y. q0- 40 1600- 236 Imported Backfill Material C.Y. o- 40 16 00 - 237 Locate & Repair Sewer Service Each 700 5 3510co 238 Miscellaneous Work Each $1.00 10,000 $10,000 ITOTAL SCHEDULE 2 BID (TOTAL SCHEDULE 2 BI - WRITTEN WORM) Schedule 3: Installation of new sewer mains, manholes, and sewer services on East Olive Street and South Church Avenue including cross street connections. Estimated Total Estimated Item Description Unit Unit Price Quantity Price 301 Remove Existing Manhole Each 8 96 od 302 Remove & Dispose of Existing L.F.Asbestos Cement Piea,o - 469 9 3 80— 303 8" SDR 35 PVC Sewer Main L.F. so - 1,116 5765 ov - 21" T-1 Wall Thickness SDR 35 304 PVC Sewer Main L'F' as- 656 305 4' Dia. Basic Manhole 5'-0" Depth Each 1 3500 ' 7 S/SOo 306 4' Dia. Additional Manhole Depth V.F. 1 O - 19.2 3 Y34 307 5' Dia. Basic Manhole 5'-0" Depth Each N9oo - 3 1y700 308 5' Dia. Additional Manhole Depth V.F. 00 ' 15.7 6 Z$0 309 4" SDR 26 Sewer Service Each �05� - 32 Connection Z 0$oo 310 4" SDR 26 Sewer Service L.F. SO - 700 35 Dod" 311 Bypass Pumping LS 30O,�2v ' 1 30 000 - 312 Miscellaneous Work Each $1.00 10,000 10,OLOO TOTAL SCHEDULE 3 BID $ -Sol S 14 oJ�✓�O o ���r/)IY.S o���C� ��7�L11�C,i�G� �/L.�: �11/1�YJZ�'iy i[/�re� .� �i�� (TOTAL SCHEDULE 3 BID - WRITTEN WORDS) 5 BID FORM Schedule 4: Installation of new storm drainage pipe, manholes, and inlets on East Olive Street, South Church Avenue, South Black Avenue, and South Bozeman Avenue. Estimated Total Estimated Item Description Unit Unit Price Quantity Price 401 Remove Existing Storm Sewer Inlet Each 350 - 22 -1 7nn- Remove Existing Storm Sewer 402 Manhole Each STo - 4 3 you- 403 Remove Existing Storm Sewer Pie L.F. 7 r 1,118 $3ss 404 12" SDR 35 PVC Storm Sewer Pie L.F. 238 y$20 " 405 15" SDR 35 PVC Storm Sewer Pie L.F. VE3 " 1,415 7?Z�- 406 4' Diameter Storm Sewer Manhole Each 3c7cvc ' 10 3 v 40000 407 5' Diameter Stone Sewer Manhole Each 1 w/Hydrodynamic Separator $wo"- 408 Standard Storm Drain Inlet Each d.260 - 14 3/300 4' Diameter Combination Storm 409 Manho ale/Inlet Each 3 ocoo_ 2 &000 410 Asphalt Surface Restoration L.F. 35- 648 Aa G 8o Connection to Existing Storm 411 Manhole Each jomo _ 6 412 15" Diameter Box Culvert Each 1 Penetration 4$°"- ! 413 6" Storm Service Connection Each S©n - 8 4/600` 414 12" CL51 D.I.P. L.F. 775 30 .2 2 5D— 415 14" CL51 D.I.P. L.F. JJ 0 36 -3?6-0- 41 1 12" Sch.40 PVC Pie L.F. yo - 107 YZ go' 417 1 15" Sch.40 PVC Pie L.F. y9 ' 112 3 3 7L - TOTAL SCHEDULE 4 BID 7 7 j (TOTAL SCHEDIJ E 4 BID - WRITTEN WORDS) TOTAL COMBINED SCHEDULE 1, 2,3 & 4 BID $�, IZV,� -- (TOTAL COMBIAED SCHEDUL9 1, 2, 3 Aft 4 BID - WRITTEN WORDS) Additive Alternate 1: Install additional sewer main on South Bozeman Avenue between Olive& Babcock and on East Olive Street between Bozeman &Black; install a storm drain service to the property at the southeast corner of Olive & Black. 6 BID FORM Estimated Total Estimated Item Description Unit Unit Price Quantity Price 501 8" SDR-35 PVC Sewer Main L.F. go - 530 Z6500 502 4' Dia. Basic Manhole 5'-0" Depth Each Manhole 35on- 1 350� 503 4' Dia. Additional Manhole Depth V.F. 18v- 3.0 54/0" 504 4" SDR 26 Sewer Service Each v" 8 Connection GS 52no- 505 4" SDR 26 Sewer Service L.F. S o - 29 /YS 0 JVO l.U1111GL'L LU LXSJ Llll�;1V10.1111V 1�. ucu 507 12" SDR-35 PVC Storm Sewer Pie L.F. 110 - 27 508 Bypass Pumping LS 500 0- 1 509 Asphalt Surface Restoration L.F. 3S - 355 /A Ya5 TOTAL ADDITIVE ALTERNATE 1 BID S S6GR5 CtotAL ADDITIVE ALTERNATE 1 BID - WRITTEN W S) Additive Alternate 2: Install fiber optic conduit and maintenance holes on East Olive Street from S. Black to S. Church Avenue. Estimated Total Estimated Item Description Unit Unit Price Quantity Price 601 Conduit Installation L.F. t v - 1,433 1 y,33 0 602 Maintenance Hole Each 3�s°- 6 A -1-00 603 4" Sch.80 PVC Utility Culvert L.F. 15 - 159 TOTAL ADDITIVE ALTERNATE 2 BID $ 19a is - 1200 -� (TOTAL DDiTiVE ALTERNATE 2 BID - WRITTEN )�f0 S) BASIS OF AWARD If the contract is awarded,the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all bid Schedules on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids,or portions of the Bids denoted as separate schedules or alternates. The award 7 BID FORM will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner's sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Schedule 1, 2, 3 and 4 Bid. The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. Dated j'j'a&, 1 No. o` Dated No. Dated No. Dated Submitted this day of , 2017. SIGNATURE OF BIDDER: Montana Contractor Registration Number 37060 If an individual: doing business as If a Partnership: by partner If a Corporation: T✓�cavc�410w h(JIYS I AJ( (a) G eh era( I�j�,, s y18s5 bywr�� (Seal. & Title Aea Attest) Business Address of Bidder: 4 0 8 BID FORM 1nan�Gga. MT 'rq -w If Bidder is a joint venture, other party must sign below: Montana License Number and Class 3 70 66 If an Individual: doing business as If a Partnership: by Partner If a Corporation: (a) Corporation by (Seal & Title Attest) 9 BID FORM PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Omdahl Excavation&Utilities, Inc. 659 Morning Mist Road Manhattan, MT 59741-8556 SURETY (Name and Address of Principal Place of Business): The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 OWNER: City of Bozeman, Montana PO Box 1230 Bozeman, MT 59771-1230 BID Bid Due Date: March 21, 2017 Description:2017 Olive&Church Street Reconstruction Project City of Bozeman, Montana BOND Bond Number: 742558 Date (Not earlier than Bid due date): March 29,2017 Penal sum Ten Percent of the Total Amount of the Bid $ 10%of Amount Bid (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY Omc;ahl Excavation&Utilities, Inc. (Seal) The Ohio Casualty Insurance Company (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: &����---a� By: � Signature Signature(Attach Power of Attorney) bVr0fJ Bryan D. Hall Print Name Print L Print Name P.--e:51 a1 L Attorney-in-Fact Title Title Attest:7�-6 - ��� Attest: ®/�- Signature Mafci Stoppel Account Manager Title Title Note:Above addresses are to be used for giving any required notice. Provide execution by any additional parties,such as joint ventures, if necessary. FJCDC C-430 Bid Bond(Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 PENAL SUM FORM 1. Bidder and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: < n__..,,,._,,,,,,,,.,,i„p:,7,7,r'S D:A d D;.1.a..,«.7..,1:<..�«�«;+1,.,+1.0+;,ti.n,•cn.<;.-n'7 1,<r the R;rlflinn Tlnniimants(nr Wn awc�rw.Uiuuci J Ljiu ali"Lilu= ul x V Via Yv iLL xt uiV Lik—■V 1--Uj Lil —a.✓vvawuaVi. �v any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents,or 3.2 All Bids are rejected by Owner,or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness,identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier,or by United States Registered or Certified Mail,return receipt requested,postage pre-paid,and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of thus Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term"Bid"as used herein includes a Bid,offer,or proposal as applicable. EJCDC C-430 Bid Bond(Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authorityto bind the Company except in the manner and to the extent herein stated. Certificate No. 5873992 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company 9 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts,and WestAmerican Insurance Company 1 is a corporation duly organized underthe laws-of the State of Indiana(herem=co[Fe�ely�called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute y and appoint, Richard B. Deming_JulieLA._ ennett;Tyler P. Delaney,William R. Price; Debbie Duneman; Donna K.Tucek;Mark Collins;Bryan D.Hall all of the city of Bozeman state 66MT each Individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and:as its act and dee yard all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as If thi�Xav_e beenduly signedby the president and attested by the secretary of the Companies in their own proper persons. :51 IN WITNESS WHEREOF,this Power ofA ottt ey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this i st day of December)= 2012 - American Fire and Casualty Company w The Ohio Casualty Insurance Company rn CL Liberty Mutual Insurance Company 4) WestAmerican Insurance Company y vi O O By. Q 3:= STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary a COUNTY OF KINGca O O m On this 1 st day of December 2012 before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American w Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, 0%0 0.2 a execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �W Y > 1N WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle Washington,on the day and year first above written. p Q aM ( By: 1��C(Pt�, ° O _ KID Riley,Not Public _ E60 ° = aD a £ L This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company,The Ohio Casualty Insurance rn c m" Company,Liberty Mutual Insurance Company,and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows: s o w� m d ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official ofthe Corporation authorized for that purpose in writing by the Chairman or the President,and subject p = a� to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, (1) O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective : 3 E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so = O executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under >-fl the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. a� = ARTICLE XIII—Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, ` allo and subject to such limitations as the chairman or the president may prescribe;shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, 1-M ° seal,acknowled9e and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations. Such anomeys-in-fact subject to the limitations set forth in their =o0 Z respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O c executed such instruments shall be as binding as if signed by the president and attested by the secretary. v O Certificate of Designation—The President of the Company, acting pursuant to the Bylaws of the Company,authorizes Gregory W. Davenport,Assistant Secretary to appoint such ~ attomeys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bands,recognizances and other surety obligations. nuJ70i iZa tiOn—By unanimous OOnScni 01 the Company's Board 01 Directors,the Company consents tt lay facsimile Or mechanically 2piuuUwd signature 01 any assistant secretary of the Company wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds.shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify thatthe original power of attorney of which the foregoing is a full,true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHE!REOP,I have hereunto set my hand and affixed the seals of said Companies this 29 day of March 20 17 David M.Carey Secretary Secretary LMS 12873 092012 — — 43 of 50 NON-DISCRIMINATION AFFIRMATION FORM O^A441 6AC.V,1 4 Ujj(j6s Five- [name of entity submitting]hereby affirms it will not discriminate on the basis of race, color,religion,creed, sex,age,marital status,national origin,or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman,if a contract is awarded to it,and also recognizes the eventual contract,if awarded,will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the (�r�4< Kc.��� J,11�j l;V)-ts L L+name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: Person authorized to sign on behalf of the bidder NOTICE OF AWARD Dated: APQ-L IQ , 2011- TO: Omdahl Excavation&Utilities,Inc. ADDRESS: 659 Morning Mist Road,Manhattan,MT 59741 PROJECT: 2017 Olive&Church Street Reconstruction Project CONTRACT FOR: 2017 OLIVE & CHURCH STREET RECONSTRUCTION PROJECT You are notified that your Bid opened on March 29,2017, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2017 Olive&Church Street Reconstruction Project. The Contract Price of your Contract is: One Million Six Hundred Forty Four Thoursand Six Hundred Seventy Four Dollars & 75/100 ($1,644,674.75). Four(4)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. Two (2)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date you receive this Notice of Award: 1. You must deliver to the OWNER Four (4) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders(Article 20),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award,and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: �`p�•B Q2'', , 1LL-BY BY: ( Rc�rvpJ Gh,�rv�owa�w ( ITY 1VK ; DATE: �� - D - 1 L,•. 1883 PERFORMANCE BOND Any singular reference to Contractor, Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): Omdahl Excavation&Utilities, Inc. The Ohio Casualty Insurance Company 659 Morning Mist Road 62 Maple Avenue Manhattan, MT 59741-8556 Keene, NH 03431 OWNER (Naine and Address): City of Bozeman, Montana PO Box 1230 Bozeman, MT 59771 CONTRACT Effective Date of Agreement: $�,j�t Amount: $1,644,674.75 One Million Six Hundred Forty-Four Thousand Six Hundred Seventy-Four Dollars and 75/100) Description (Name and Location):2017 Olive&Church Street Reconstruction Project City of Bozeman, Montana BOND Bond Number:67S200878 Date(Not earlier than Effective Date of Agreement): Amount:$1,644,674.75 One Million Six Hundred Forty-Four Thousand Six Hundred Seventy-Four Dollars and 75/100) Modifications to this Bond Form.: Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below,do each cause this Performance Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Omdahl Excavation&Utilities, Inc. (Seal) The Ohio Casualty Insurance Company _ _ (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal C��- � _ By: —� By: a'ture Signature(Attach Power of Attorney)) ,•,sin•' 1 Bryan D. Hall Flirt Name Print Name Attorney-in-Fact Title Title Attest: Attest: . S1 ature V Signature Marci Stoppel c2)cyaAu1<_ Surety Account Manager Title Title Note. Provide execration by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 Montana Resident Agent ,—:::FIRST W ST, INC. Bozeman,Montana 59715 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond,except to participate in conferences as provided in Paragraph 2.1. V 2. If there is no Owner Default,Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has.requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice _ to discuss methods of performing the Contract. If Owner,Contractor,and Surety agree,Contractor shall be allowed a reasonable time to perform the Contract,but such an agreement shall not waive Owner's right,if any,subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1;and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract;or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. _. 3. When Owner has satisfied the conditions of Paragraph 2,Surety shall promptly,and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors;or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract -- for performance and completion of the Contract,arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on Cite Contract,and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor,and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined,tender payment therefor to Owner;or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond,and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract,and if Surety elects to act under Paragraph 3.1,3.2,or 3.3 above,then the responsibilities of Surety to Owner shall.not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond,but subject to commitment by Owner of the Balance of the Contract Price to mitigation. of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Eno neers Joint Contract Documents Cotnauttee. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3;and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs,executors,administrators,or successors. 7. Surety hereby waives notice of any change, including changes of time. to Contract or to related subcontracts,purchase orders,and other obligations. S. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the address shown on the signature page. - 10. When this Bond has been famished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been. made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11,2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor,which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address and Telephone) Surety Agency or Broker: First West, Inc., 1905 Stadium Dr., Bozeman, MT 59715,406-587-5111 Owner's Representative(Engineer or other any): City of Bozeman Engineering Division,406-582-2280 PJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee Page 3 of 3 PA"Y1' Ei NT BOND Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Omdahl Excavation& Utilities, Inc. Business): 659 Morning Mist Road The Ohio Casualty Insurance Company Manhattan, MT 59741-8556 62 Maple Avenue OWNER (hrarne and Address): Keene, NH 03431 City of Bozeman, Montana PO Box 1230, Bozeman, MT 59771 CONTRACT Effective Date of Agreement: s/g//-? Amount: $1,644,674.75 One Million Six Hundred Forty-Four Thousand Six Hundred Seventy-Four Dollars and 75/100) Description (Name and Location): 2017 Olive&Church Street Reconstruction Project City of Bozeman, Montana BOND Boad Number: 67S200878 Date(Not earlier than.Effective Date of Agreement'): AmoiAnu $1,644,674.75 One Million Six Hundred Forty-Four Thousand Six Hundred Seventy-Four Dollars and 75/100) Modifications to this Bond Forni: N/A Surety and Contractor,intending to be legally bound hereby, subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY Omdahl Excavation&Utilities, Inc. (Sea]) The Ohio Casualty Insurance Company (Seal) Contractor's Name and Corporate Seal Surety's Nance and Corporate Seal By: By: Signature Signature(Attach Power of Attorney) _ () Bryan D. Hall Prl t Name Print Name PAttorney-in-Fact Title Title Attest: Attest: Sign Lure Signature kfayrci Stoppel oy)=6 oy--- Surety Account Manager Title I Title Note: Provide execution by additional parties,such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 Montana Resident Agent FIRST WEST, INC. Brio eman, Montana 59715 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor,materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and 2.2 Defends, indemnifies, and holds harmless Owner from all claims,demands,liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract,provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided — there is no Owner Default. 3. With respect to Claimants,this obligation shall be null and void if Contractor promptly snakes payment, directly or indirectly,for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied,or for whom the labor was done or performed; and. 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be raid directly or indirectly:and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant.required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4; the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. S. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond,subject to Owner's priority to use the funds for the completion of the Work. EJCDC C•615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 ot3 9. Surety shall not be Iiabl.e to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date. (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. Cl 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed,any provision.in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.The intent is that this Bond shall be construed as a statutory Bond and not as a common Iaw bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials,or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water, gas,power, light,heat,oil,gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. — 15.2 Contract:: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terns thereof. FOR INFORMATION ONLY—(Name,Address,and Telephone) Surety Agency or Broker: First West, Inc., 1905 Stadium Dr., Bozeman, MT 59715,406-587-5111 -- Owner's Representative(Engineer or other):City of Bozeman Engineering Division 406-582-2280 EJCDC C•615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Paze 3 of 3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.5873997 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Richard B. Deming;Julie A. Bennett;Tyler P. Delaney;William R.Price; Debbie Duneman;Donna K.Tucek;Mark Collins;Bryan D.Hall all of the city of Bozeman state of MT each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as bindingupon the Companies as if the have been dul si ned b the resident and attested b the r P P Y Y. 9 Y P y secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1 st day of December 12012 51 cc American Fire and Casualty Company w The Ohio Casualty Insurance Company O Q. Liberty Mutual Insurance Company m m WestAmerican Insurance Company N Y d � By: STATE OF WASHINGTON ss Gregory VV.Davenport,Assistant Secretary COUNTY OF KING O dOn this 1st day of December 2012 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American O f 0 y Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, O N I p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. =W > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. p CL a B CI 0 O y KID Riley,,Not Public L L Y y O L 3 R V60 0 d (L r_W This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance m o air Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: t o tm 'Q� ca L ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 �I ar to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, 4) ll O= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective .0 ?� E m powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '—m w41 executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under >M the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. 0 = ARTICLE All—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, w 00 > L and subject to such limitations as the chairman or the president.may prescribe,shall appoint such attorneys-in-fact,as maybe necessary to act in behalf of the Company to make,execute, N p L seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =coo Z cOi respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O co O Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such ~`� attomeys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certifythatthe original power of attorney of which the foregoing is a full,true and correct copyof the PowerofAttomey executed by said Companies, is in full force and effect and has nai been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 By: �1 David M.Carey,-Assistant Secretary LMS_12873_092012 48 of 50 AGREEMENT FORM THIS AGREEMENT is dated as of the 8 day off in the year 2017,by and between CITY OF BOZEMAN, hereinafter called OWNER, and Omdahl Excavation & Utilities, Inc. hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: Reconstruction of East Olive Street from South Black Avenue to South Church Avenue including: replacement of existing mains, valves, fittings and appurtenances; removing the existing road section from curb to curb and constructing a new road section, new signage, spot replacement of existing sidewalks, adjusting existing utilities to accommodate the new roadway, restoring boulevards to pre-existing conditions, and all related work incidental to construction. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2017 Olive & Church Street Reconstruction Project, City of Bozeman . Article 2. CONTRACT TIME. 2.1 The Work will be completed within 160 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. 2.3 Special Liquidated Damages. OWNER and CONTRACTOR further recognize that time is of the essence in accommodating water service interruptions throughout the course of the project, and that owner will suffer financial loss if the provisions specified below are not met: 1. All water system interruptions shall comply with the time frames specified in Special Provision 33, or shall be subject to the provisions of this section of this agreement. OWNER and CONTRACTOR also recognize the delays,expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the provisions listed in section 2.3.1 of this agreement are not met. Accordingly, instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($ 1000.00) or for each hour that expires after the maximum time allowed for water service interruptions specified in section 2.3.1 of this agreement, until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of One Million Six Hundred Forty Four Thousand Six Hundred Seventy Four Dollars & 75/100 ($1,644,674.75). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances,rules and regulations that in any manner may affect cost,progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost,progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations,investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price,within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations,tests,reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts,errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 CONTRACTOR hereby affirms it will not discriminate on the basis of race,color,religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation,gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR'S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Storm Water Pollution Prevention Plan & Attached Documents 7.12 Pipe Boring &Jacking 7.13 Hydrodynamic Separator 7.14 Fiber Optic Conduit 7.14 Montana Public Works Specifications, Sixth Edition,and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition,March 31,2011 with addenda (by reference). 7.15 Appendices 7.16 Addenda listed on the Bid forms. 7.17 CONTRACTOR'S executed Bid forms. 7.18 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.19 Notice of Award. 7.20 Notice to Proceed. 7.21 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.22 Any Notice of Partial Utilization. 7.23 Notice of Substantial Completion. 7.24 Notices of Final Completion and Acceptance. 7.25 Non-discrimination affirmation form. 7.26 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification(as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other parry. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing parry or the parry giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title A.a� � (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman IOWNER) - rBy (CITY MANAGER) (SEAL,&O (AT ,T* ..y APPROVED AS TO RM: �� •• "'.3 ` rjN C�- cm (CITY A Y) c:\wpdocs\forms\ageefim.mrg This document has important legal consequences;consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS CONNITTEE and Issued and Published Jointly by AC ECG lavmaunCAIINCJI.or F=wrn'.c Co—avm,AW E merican Society National Society of Civil Engineers Professional Engineers hVfesxiaeal Engineers in AAwle Pracfice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by ry CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800,2007 Edition). Copyright© 2007 National Society of Professional Engineers 1420 Ding Street,Alexandria,VA 22314-2794 (703) 684-2882 w,vw.nspe.org American Council of Engineering Companies i0i5 15th;Street N.W.,Washington,DC 20005 (202)347-7474 www.acec.or¢ American Society of Civil Engineers 1801 Alexander Bell Drive,Reston,VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400,Arlington, VA 22201-3308 (703)548-3118 www_agc.ort? The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 standard General Conditions of the Construction Contract Copyright G 2007 National Societe of Professional Engineers for EJCDC. all Aghts reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................I 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................5 Article2—Preliminary Matters.....................•••...........•••....................••••••••.......................................................6 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................6 2.02 Copies of Documents................................................................................•...................................6 2.03 Commencement of Contract Times;Notice to Proceed...............................................................6 2.04 Starting the Work......................................................•...................................................................7 2.05 Before Starting Construction........................................................................................................7 2.06 Preconstruction Conference;Designation of Authorized Representatives..................................7 2.07 Initial Acceptance of Schedules....................................................................................................7 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent......•••.............................................................................................. .......8 ................................ 3.02 Reference Standards................................................••••••..........................••••••••..............................8 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents...................................................................9 3.05 Reuse of Documents..••••••...•...........................•••••••••••.................................................................10 3.06 Electronic Data............................................................................................................................10 Article 4—Availability of Lands.Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands...................................................................................................................11 4.02 Subsurface and Physical Conditions...........................................................................................11 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities................................................................................................................13 4.05 Reference Points..............•............•••............._.....................••••••••••••••••••••••••.................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance.........................................................••••••••..................................................... 16 5.01 Performance,Payment,and Other Bonds................................................................................... 16 5.02 Licensed Sureties and Insurers....................................................................................................16 5.03 Certificates of Insurance......................................••••••......••••••......••••••.........................................17 5.04 Contractor's Insurance.••••........................................................................•••................................17 5.05 Owner's Liability Insurance........................................................................................................19 5.06 Property Insurance....................................................................................................................... 19 5.07 Waiver of Rights.........................................................................................................................20 5.08 Receipt and Application of Insurance Proceeds................ ................................................21 EJCDC C•700 Standard General Conditions of the Construction Contract Copyright Cc)2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5.09 Acceptance of Bonds and Insurance;Option to Replace...........................................................21 5.10 Partial Utilization.Acknowledgment of Property Insurer..........................................................22 Article 6-Contractor's Responsibilities...................................................................................•--..................22 6.01 Supervision and Superintendence...............................................................................................22 6.02 Labor;Working Hours................................................................................................................22 6.03 Services, Materials, and Equipment...........................................................................................22 6.04 Progress Schedule.......................................................................................................................23 6.05 Substitutes and"Or-Equals".......................................................................•...............................23 6.06 Concerning Subcontractors,Suppliers,and Others....................................................................25 6.07 Patent Fees and Royalties ...........................................................................................................27 6.08 Permits.........................................................................................................................................27 6.09 Laws and Regulations.................................................................................................................28 6.10 Taxes .................................................................. ..........28 6.11 Use of Site and Other Areas.........................•--............................................................................28 6.12 Record Documents......................................................................................................................29 6.13 Safety and Protection..................................................................................................................29 6.14 Safety Representative..................................................................................................................30 6.15 Hazard Communication Programs..............................................................................................30 6.16 Emergencies........................................................................................................ .........30 6.17 Shop Drawings and Samples......................................................................................................31 6.18 Continuing the Work...................................................................................................................32 6.19 Contractor's General Warranty and Guarantee..........................................................................33 6.20 Indemnification............................•...................................................................---........................33 6.21 Delegation of Professional Design Services...............................................................................34 Article 7-Other Work at the Site.........................................-.....------ ---...-- ......... ....... ......... ..35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................35 7.03 Legal Relationships.....................................................................................................................36 Article 8-Owner's Responsibilities...............................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Replacement of Engineer............................................................................................................36 8.03 Furnish Data................................................................................................................................36 8.04 Pay When Due.............................................................................................................................36 8.05 Lands and Easements;Reports and Tests...................................................................................36 8.06 Insurance......................................................................................................................................36 8.07 Change Orders.............................................................................................................................37 8.08 Inspections,Tests, and Approvals..............................................................................................37 8.09 Limitations on Owner's Responsibilities...................................................................................37 8.10 Undisclosed Hazardous Environmental Condition....................................................................37 8.11 Evidence of Financial Arrangements..............•--.........................................................................37 8.12 Compliance with Safety Program......................................................................... .........37 Article 9-Engineer's Status During Construction.........................................................................................37 9.01 Owner's Representative..............................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Sooety of Professional Engineers for EJCDC. All rights reserved. Page ii 9.02 Visits to Site................................................................................................................................37 9.03 Project Representative.................................................................................................•---............38 9.04 Authorized Variations in Work..................................................................................................38 9.05 Rejecting Defective Work...........................................................................................................38 9.06 Shop Drawings,Change Orders and Payments..........................................................................39 9.07 Determinations for Unit Price Work..........................................................................................39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39 9.09 Limitations on Engineer's Authority and Responsibilities........................................................39 9.10 Compliance with Safety Program...............................................................................................40 Article 10-Changes in the Work; Claims .....................................................................................................40 10.01 Authorized Changes in the Work...............................................................................................40 10.02 Unauthorized Changes in the Work............................................................................................41 10.03 Execution of Change Orders.......................................................................................................41 10.04 Notification to Surety..................................................................................................................41 10.05 Claims..........................................................................................................................................41 Article 11 -Cost of the Work;Allowances;Unit Price Work.......................................................................42 11.01 Cost of the Work.........................................................................................................................42 11.02 Allowances..................................................................................................................................45 11.03 Unit Price Work..........................................................................................................................45 Article 12-Change of Contract Price;Change of Contract Times...............................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Times..........................................................................................................47 12.03 Delays..................................................................................................................................---.....47 Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work.......................48 13.01 Notice of Defects.........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................... ............................................................................................49 13.04 Uncovering Work........................................................................................................................49 13.05 Owner May Stop the Work.........................................................................................................50 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work..................................................................................•---............_51 13.09 Owner May Correct Defective Work.........................................................................................52 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title....................................................................................................55 14.04 Substantial Completion...............................................................................................................55 14.05 Partial Utilization........................................................................................................................56 14.06 Final Inspection...........................................................................................................................57 14.07 Final Payment..............................................................................................................................57 14.08 Final Completion Delayed..........................................................................................................58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14:09 Waiver of Claims........................................................................................................................58 Article 15—Suspension of Work and Termination........................................................................................59 15.01 Owner May Suspend Work.........................................................................................................59 15.02 Owner May Terminate for Cause...............................................................................................59 15.03 Owner May Terminate For Convenience...................................................................................60 15.04 Contractor May Stop Work or Terminate...................................................................................60 Article 16—Dispute Resolution.............................................................................................................•........61 16.01 Methods and Procedures.............................................................................................................61 Article17—Miscellaneous..............................................................................................................................61 17.01 Giving Notice..............................................................................................................................61 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................62 17.05 Controlling Law..........................................................................................................................62 17.06 Readings..........................................................................................................................•...........62 EJCIDC C-700 standard General Conditions of the Construction Coact Copyright©2W National Society of Professional Engineers for FJCDG AD rights reserved. Page iv ARTICLE 1—DEFINITIONS AND TERMNOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. I. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form,if any,and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times,issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements,whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. AD rights reserved. Pagel of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. B. Contract Price The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones,if any; (ii)achieve Substantial Completion; and (iii) complete the Work so that it is readv for final o_avment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individuu 1 or"^tit;'with whom Owner has entered into th-_A.eernent. 16. Cost of the 141ork--See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective.but if no such date is indicated, it means the date on which the Agreement is sighed and delivered by the last of the two parties to sign and deliver. 19. Engineer=The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which reouires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time. 24. Laws and Regulations-Lmvs or Regulations—Any and all applicable laws. rules,regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27.Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28.Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31.Petroleum Petroleum,including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32.Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole,or a part. 34.Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes,is contained in the table(s)of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials,equipment,or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC All rights reserved. Page 3 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed,including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the pe::ormance of a part of the Work at the Siu,. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of Lie Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults,tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect,if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but,when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: i. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word '`defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a- does not conform to the Contract Documents;or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pare 5 of 62 E. Furnish,Install, Perform,Provide_ I. The word "famish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location)ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services,materials, or equipment complete and ready for intended use. 3. The words "perform' or `provide," when used in connection with services, materials, or quipment, shall meat, to furnish and install said serti-ices, maie,iais, or equipment compiece and ready for intended use. +. when --furnish," "install, -perform,:" or "provide'' is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor. "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Deliver} of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions,certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times:Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 204 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference;Designation.of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate,in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract,and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARIICL F 2_'COIN viv i D(J`%CLTT`*M1'N115: 1N T ENTI.AlV1ENID.1 G.REUSE 3.01 Imenr A. The Contract Documents are complementary-, what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Doewnents or from prevailing custom or trade usage as being required to produce the indicated result xvill be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Staazdar•ds A. Standards,Specifications,Codes,Laws,and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization,or association, or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or 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, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner,Engineer,or any of their officers, directors, members,partners, employees,agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Fork. Before undertaking each part of the Work,Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual,or code, or(c) any instruction of any Supplier,then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby(except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents);or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized,by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright®2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 I_ A Field Order: 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3). or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1_ have or acquire any title to or ownership righis in any of the Drawings. jpecincations, or other documents (or copies of any thereof) prepared by or bearing the sea! of.Engineer or its consultants,including electronic media editions;or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract_ Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies)_Files in electronic media format of text. data, graphics, or other types are >urnisnea only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 da}s, after which the receiving patty shall be deemed to have accepted the data thus transferred. Any errors detected -within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format. the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages,operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright e,2007 National Society of Professional Engineers for EJCDC_ Ul rights reserved. Page 10 of 62 ARTICLE 4—AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availabi1hy of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work.Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times,or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities)- B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers,directors,members,partners, employees, agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions,or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Dc-curnents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A,Engineer will promptly review- the pertinent condition, determine die necessity-of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing(with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however,to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract 'Times, or both, a Claim may be shade therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner,during construction;and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. if Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the. Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent. if any m , of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades o. locations, and shall be responsible for the accurate repiacement or relocation of such reference points or property monuments by professionally qualified personnel_ 4.06 Hazardous Environmental Condition at Site A. Reports and n:T,i,os: The Supplementary- Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data'' is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer,or any of their officers, directors, members,partners, employees, agents,consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto: or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any `technical data" or any such other data, interpretations,opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pare 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. 'Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor,Subcontractors, Suppliers,or anyone else for whore 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 shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer,Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both,as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members,partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity s own negligence. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE c_BRO—NDS IND LNSLTRANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations,and shall be executed by such sureties as are named in the list of"Cotnparues Holding Certificates c;fAuthority as Acceptable Sureties on rederai Fronds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service. Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification,provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.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 Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright G 2007 National Society of Professional Engineers for EJCDC. An rights reserved. Page 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright®2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located,including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Parae:raphs 5.04.A.3 throug�b 5.04-A.6 inclusive. be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; '. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater: 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.1? and 6.20: 4. contain a provision or endorsement that the coverage afforded will not be canceled,materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07., and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007]rational Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04,Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers,directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk"all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage(other than that caused by flood),and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer, 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificatee of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paraggraph 5.06 to protect'rhe interests of Contractor, Subcontractors,or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor. Subcontractors, or ethers any such !=, and if an ^I t1= vish: s Trcpert -insurance coverage within the limits of such amounts,each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner_ 5.07 Waiver of Right A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor. Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, }PzUrt—hers, zmplo�'ees, agents, consultants, and Subcontractors of each and any of them), in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shaIl contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work, and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors. members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. S. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers. directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright G 2007 National Society of Professional Engineers for EJCDC_ All rights reserved. Pare 20 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner: and 2. loss or damage to the completed Project or part thereof caused by,arising out of,or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees,agents,consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach.If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof,and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents,the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either parry does not purchase or maintain all of the bonds and insurance required of such parry by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.Without prejudice to any other right or remedy,the other party may elect to obtain equivalent bonds or insurance to protect such other party's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization,Ackawwledginew of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies. but the property insurance shall not be canceled or permitted to lapse or account of any such partial use or occupancy. ARTICLE 6—CONTR_kCTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means,method, technique, sequence, or procedure of construction which is shown. or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary-;,ircuirstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent(which will not be unreasonably withheld)given after prior written notice to Engineer. 6.03 Services,Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials,equipment, labor, transportation,construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work_ EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pare 22 of 62 B. All materials and equipment incorporated into the Work shall be as specified or,if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source,kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes.and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier,the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like,equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or-Equal"Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in relaxed Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer detemunes that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength,and design characteristics; EJCDC C-700 Standard Genera!Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents_ �. Substitute liens: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor noes not quality as an -or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer Nvili be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to famish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify. a) all variations of the proposed substitute item from that specified,and b) available engineering,sales,maintenance,repair,and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion,to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6A5.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B.Engineer may require Contractor to furnish additional data about the proposed substitute item.Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B.Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers,and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.063), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Corm-act Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 required to employ any Subcontractor, Supplier. or other individual or entity to furnish or perfonrn any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance Mth the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents)of any such Subcontractor, Supplier, or other individual or entity so identified may be revolted on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for tie rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity;nor ?. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor. Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 9 2007 National Societe of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors,members,partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by,arising out of,relating to,or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants,and subcontractors from and against all claims,costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product, or device specified in the Contract Documents,but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent pem3itted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members, partners,employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product,or device not specified in the Contract Documents. 6.08 Pennits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor,when necessary,in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Worm which are applicable at the time of opening of Bids,or, if there are no Bids,on the Effective Date of the Agreement.Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard Genera!Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any La«Js or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shaii not be Contractors responsibility to make certain that the Specifications and Drawings are in accomance with maws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids)having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment,a CIaim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other-Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers. architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. AU rights reserved. Page 28 of 62 by any such owner or occupant against Owner, 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 shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other :debris. Removal and disposal of such waste materials, rubbish, and other debris shall confonn to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure,nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation,or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC- All rights reserved. Page 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation,and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any OvAnler's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Ovaier's and Engineer's employees and representatives must comply while at the Site. - E. All damage, injury, or loss to any property,referred to in Paraaraub 6.13.A.2 or 6.13.A_3 ca„secl, directly or indirectly,in whole or in part,by Contractor, any Subcontractor, Supplier,or any other individual or entity directly or indirectly employed by any of them to perform any of the Work.or anyone for whose acts any of them may be liable. shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.E that the Work is acceptable (except as otherwise expressly proAded in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. AD rights reserved. — Page 30 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria,materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples_ a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures. 1. Before submitting each Shop Drawing or Sample,Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C•700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obli-ations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal, and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review. 1. Engineer will provide timelv review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to dote z::me if the items covefed by the submiutals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval -%Hill not extend to means,methods,techniques, sequences, or procedures of construction(except where a particular means,method. technique,sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubinittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. E. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection,test,or approval by others;or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors,members, partners,employees, agents, consultants and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to the performance of the Work,provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property(other than the Work itself),including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor,any Supplier,or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members. partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Er_giineer°s officers; directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1_ the preparation or approval of,or the failure to prepare or approve maps,Drawings, opinions, reports, surveys, Change Orders,designs, or Specifications: or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional_ design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods. techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents,Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others,shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D_1. EJCDC C-700 Standard General Conditions of the Construction Contract Cop3,fight C 2007 National Sociery of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents,then: 1. written notice thereof will be given to Contractor prior to starting any such other work;and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work,a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract,each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies m 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. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized;and 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Condition of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0l.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such o&ier contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8—OWNER'S.RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay when Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C_ 8.05 Lands and Easements;Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means,methods,techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto,or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furriish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations,Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's Nisits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly,but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not super-vise. direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of const-acticn, or the safety-precautions and programs incident thereto, or for any failure of Contractor to comply N�vzth Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. if Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work.The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work ,A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both,and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective. or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04. whether or not the Work is fabricated, installed,or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof as to Shop Drawings and Samples,see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any,see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders,see Articles 10, 11,and 12. D. In connection with Engineer's authority as to Applications for Payment,see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both,a Claim may be made under Paragraph 10.05.The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor,subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods,techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier,or of any ocher individuai or enti-cy performing any of the Work. V. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.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 Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if an-,,-. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractors safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10—CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents(except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties,including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations,but during any such appeal,Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times),the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice:Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto.The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Clain for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's %vritten 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 parry shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal(unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and,within 30 days after receipt of the last submittal_ of the claimant or the !.ast s»bmittal of the opposing Marty, if any., take one of the following actions in writing: :. --,,y the Clair.in whole or in part; 2. approve the Claim:or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days,the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Omer and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11—COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 11.01 Cost of the Work A. Cosrs Included: The term Cost of the Work means the sum of all costs,except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.013, and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday,or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts,rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will then determine,with the advice of Engineer,which bids,if any,will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery,and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National society of Professional Engineers for EJCDC. AO rights reserved Page 43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work_ d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable,as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused b3- damage to the Work, not Cvn'iY. ;fiat.i by insurance or otherwise, sustained by 'Conuactor in ConneCtlon with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from. causes other than the negliaPnce of Contractor. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities,fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls,telephone service at the Site, express and courier senJices, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors. accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the.Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0LA.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses; including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Conn-actor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01_A and 11.0 LB, 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`vith supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor(less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 45 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT T 1ES 12.01 Change of Contract Price A. The Contract Price may only oe changeu by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents. by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 1 1.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents. by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.0l.B.2. on the basis of the Cost of the Work (determined as provided in Paragraph 1 L011 plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 C. Contractor's Fee: The Contractors fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee;or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0I.A.3,the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.AA, 11.01.A.5,and 11.0LB; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractors fee by an amount equal to five percent of such net decrease-, and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.0I.C.2.e,inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor,the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires,floods,epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor`s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions; acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract times,it such adjustment is essential to Contractor's ability to complete the Work within the Contract Tunes. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors,members,partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project- E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13—TESTS AND INSPECTIONS, CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for E„'CDC. All rights reserved. Page 48 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections,tests,or approvals required by the Contract Documents except: 1. for inspections,tests,or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C;and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and famish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections,tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer,be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question,furnishing all necessary labor,material,and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such unco- ering, exposure, observation, inspection, testing, replacement, and reconstruction. 1i the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 64 nzer May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work. or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed. or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee,if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 1. repair such defective land or areas;or 2. correct such defective Work;or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs,losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07,the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer)prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2W National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner May Correct Defective Work A. N Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor,correct,or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, anvliances- construction equipment and machinery at the Site, and incomorate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored else•.)ierc. Contra;tc. shall allo., O L4it:r, OVvilcr 5 re pr esen�tati es, agents and employee Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be end-ied to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs. losses and damages will include but not be limited to all costs of repair,or replacement of work of others destroyed or damaged by correction,removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment(but not more often than once a month). Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Cop3Tight©2007 National Society of Professional Engineers for EJCDC_ All rights reserved. Page 52 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein,all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge,information and belief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation);and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer mi the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review, of Contractor's Work for the purposes of recommending payinents nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. 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 theret ^- c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price,or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently- discovered evidence or the results of cubsegUPr,t inspections tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement. b. the Contract Price has been reduced by Change Orders, c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner Aith Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D)become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved- Page 54 of 62 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended;or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer,Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor,when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete,Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C•700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Ov&mers objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer wili deliver to Ovmer and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security. operation, safety. and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion. Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Egzneer, and Contractor agree constitutes a separately functioning and usable hart of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work subject to the following conditions: I. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion_ If Engineer does not consider that part of the Work to be substantially complete.. Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007?national Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A- Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety,if any,to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible,or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard Genera!Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C_ Pcn,rnent Becomes Dire days after the presentation io 6wner of the Application for Payment and accompanying documentation,the amount recommended by Engineer,less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment for `York fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been famished as required in Paragraph 5.01, the written consent of the surety to the payment of tine balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contrac4 Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 ARTICLE 15—SUSPENSION OF WORK AND TER'VIINATION 15.01 Owner 1Vlay Suspend Worlt A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both,directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner Ma_y Terininate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3 complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds 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) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007:National Societ}of Professional Engineers for EJCDC. ?ill rights reserved. Page 59 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retenoon or payrneni of moneys due Contractor by Owner will not release Contractor from iiabiiity. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.8 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any iter_ns): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; �. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers,and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor Mm'Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or(ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or(iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. all rights reserved. Page 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the salve terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy,if Engineer has failed to act on an Application for Payment within 30 days after it is submitted,or Owner has failed for 30 days to pay Contractor any sure finally deternined to be due,Contractor may,seven days after written notice to Owner and Engineer,stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A_ Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract.Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation,Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless,within that time period,Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17—NHSCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 61 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice_ 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Sat'jrday or Sunday or on a day l,�ade a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17-03 Cunutlati ve Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to. and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation,right, and remedy to which they apply. 17.04 Sun,ival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents_ will otrvive. final. olvrnent_ completion: and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights resen ed. Pate 62 of 62 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC -2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC —2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 1 of 13 SC-2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.?: Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.S.c. SC -4.01AVAILABILITY OF LANDS Add to Paragraph 4.0l.0 of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materiaalc deliv4- or for _ any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC- 4.02- SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.13 and replace with Special Provisions. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 2 of 13 SC 4 03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC- 4.04-UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 3 of 13 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC-5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory C. Employer's Liability $ 500,000.00 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 C. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 4 of 13 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injures Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.13. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.13.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 5 of 13 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.B.5 remains in effect. SC -5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: .^-.. 0 --actor shall purchase and mai iLaln property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for x�l1vs;(-a1 lncc and damage tc th �l o-1 fn7rip ;r _. �_,. „ ,_. ., b v xxv, wxxxYvx ax j� uu.xullxbJ, _,aysc work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. Be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 6of13 6. Include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.0 of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC - 5.06. C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.13: Regular working hours are defined as 8:OOAM. To 5:OOP.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments willbe acceptable to Engineer asproviding an o r d e r 1 y progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefore. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 7 of 13 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions. Add new paragraphs to the end of paragraph 6.13Y of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings. posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also b e responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof-,. whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing parry and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 8 of 13 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, 1 o a d i n g and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 9 of 13 equipment rental rates will be negotiated prior to t h e work being performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or Marc 2f tH'p cc t= :t PrI 1> is,ii�. iv%al s-UTn u ali schedules 'if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale. invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in stOra.ge will be U t P d from Subsequent pay merts. pe�iiu�iiib vv i%li ii"1L s e c o n d application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor's updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 10 of 13 SC -14.02.0 PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 o f the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: ...entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner's use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents wi 11 be in Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 11 of 13 Accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. Ail tests and instruction of Owner's personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise throl!2KI'1 X-Orty ns cf lx,nr�� nct •at C.oi•,•.p! '-d -j —Gn',_aC Iff 7 �-- i,,,__-C__.. .,_ � .. j� s„t;,E,,.,,u uy .vii�iu�,ivi 11 tiiE wOrK has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC-16.01 DIISIPITg']E RESOLUTION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and a copy will be sent to Engineer for information. Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect to any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.0 below, no mediation arising of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 12 of 13 any other person or entity (including Engineer, Engineer's Consultant and the Officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 1.13, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such Subcontractor. Nothing in this paragraph SC-16.0 LC nor in the provision of such subcontract consenting to joiner shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist. SC-17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 Section 00810-6th Edition Supplementary Conditions to the General Conditions Page 13 of 13 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2017 Effective: January 7, 2017 Steve Bullock, Governor State of Montana Pam Bucy, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwa-gehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments, and suggestions from the public. In addition,we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required that each employer pay(as a minimum)the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406)444-5600 or TDD (406)444-5549. In addition,this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406)444-5549. PAM BUCY Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... 3 B. Definition of Heavy Construction ................................................................................................................ 3 C. Definition of Public Works Contract .......................................................................................................... 3 D. Prevailing Wage Schedule ..................................................................................................................... 3 E. Rates to Use for Projects ........................................................................................................................ 3 F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ......................................................................................................................... .......... 4 H. Dispatch City .......................................................................................................................................... 4 i. Zone Pay 4 J. Computing Travel Benefits ................................................................................................................ K. Per Diem ................................. 4 L. Apprentices ......... M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 0. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website 5 Q. Welder Rates ..................................................................................................................................... 5 R. Foreman Rates .................................................. 5 WAGE RATES: BOILERMAKERS ............................................................................ 6 BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS 6 CEMENT MASONS AND CONCRETE FINISHERS 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 7 OPERATORS GROUP 2 7 OPERATORS GROUP s 8 OPERATORS GROUP 4 ............................................................ 8 OPERATORS GROUP 5 8 OPERATORS GROUP 6 8 OPERATORS GROUP 7 ....................... 9 CONSTRUCTION LABORERS LABORERS GROUP 1 9 LABORERS GROUP 2 9 LABORERSGROUP 3 ............................................................................................................................ 10 LABORERSGROUP 4 ............................................................................................................................ 10 DIVERS .................................................................................................................................................... 10 DIVER TENDERS 11 ELECTRICIANS 11 HEATING AND AIR CONDITIONING 11 INSULATION WORKERS-MECHANICAL(HEAT AND FROST) ........................................................................... 12 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS ...................................................................... 12 LINE CONSTRUCTION EQUIPMENTOPERATORS .......................................................................................................................... 12 GROUNDMAN ........................................................................................................................................... 12 LINEMAN .................................................................................................................................................. 13 MILLWRIGHTS ............................................................................................................................................ 13 PAINTERS ............................................................................................................................................................ 13 PILEBUCKS ............................................................................................................................................... 13 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS ............................................................................................ 13 SHEETMETAL WORKERS ........................................................................................................................... 13 TEAMSTERS GROUP 1 (Pilot Car Drivers) ......................................................................................................................... 13 TEAMSTERS GROUP 2 (Truck Drivers) ................................................................................................................ 14 2 A.Date of Publication January 7,2017 D.Definition of Heavy Construction The Administrative Rules of Montana(ARM),24.17.501(4)—(4)(a),states "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either `building construction', or `highway construction.' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor),fish hatcheries,flood control projects, industrial incinerators (other than building), irrigation projects,jetties, kilns, land drainage (not incidental to other construction), land leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings),pipe lines,ponds,pumping stations (prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells." C. Definition of Public Works Contract Section 18-2-401(1 1)(a), MCA defines"public works contract" as "...a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000...". D. Prevailing Rage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwa-gehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. P.Rates to Use for Projects ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised." F.Wage)Elate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency." 3 G.Fringe Benefits Section 18-2-412,MCA states: "(1) To fulfill the obligation...a contractor or subcontractor may: (a)pay the amount offringe benefits and the basic hourly rate ofpay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c)make payments using any combination of methods setforth in subsections (1)(a) and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, ifpClZldiT?g f inge benef,is and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund,plan, or program described in subsection (1)(b)must provide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor." Fringe benefits are paid for all hours worked(straight time and overtime hours). However,fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise.. H.Dispatch City ARM,24.17.103(11),defines dispatch city as "...the courthouse in the city frrom the following list which is closest to the center of the job:Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula." 1.Zone Pay Zone pay is not travel pay. ARM,24.17.103(24),defines zone pay as "...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM,24.17.103(22),states " `Travel pay, 'also referred to as `travel allowance,'is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job." See section H above for a list of dispatch cities. K Per Diem ARM,24.17.103(18),states " 'Per diem'typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer." L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2),MCA states, .....The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M.Posting Notice of Prevailing Wages Section 18-2-406,MCA,provides that contractors, subcontractors,and employers who are "...performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the f rst day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade class fcation who are working on that project must be paid at the rate for that project classification" P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: hiip://www.bls.gov/oes/current/oes stru.htm Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work,the foreman must be paid at least the journey level rate. 5 WAGE RATES BOILERMAKERS Wage Benefit Travel: $30.25 $30.30 0-120 mi. free zone >120 mi.federal mileage rate/mi. Duties Include: Construct, assemble, maintain, and repair stationary Special Provision: steam boilers, boiler house auxiliaries, process vessels, Travel is paid only at the beginning and end of the job. pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Per Diem: 0-70 mi.free zone >70-120 mi. $55.00/day >120 mi. $70.00/day T Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $31.07 $13.90 0-20 mi. free zone >20-35 mi, $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day T Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi.free zone >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $21.73 $10.51 0-30 mi.free zone >30-60 mi. base pay+$2.95/hr. Duties Include: >60 mi. base pay+$4.75/hr. Smooth and finish surfaces of poured concrete, such as floors,walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. T Back to Table of Contents 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $25.41 $12.05 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Compressor;Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $26.20 $12.05 0-30 mi.free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float&Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts&Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine;Washing/Screening Plant T Back to Table of Contents _ 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $27.95 $12.05 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt Paving Machine;Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt(Breakdown &Finish); Rot omill, over 6 ft; Scraper, Single,Twin, or Pulling Belly-Dump; YO-YO Cat. f T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $28.95 $12.05 0-30 mi. free zone >30-60 mi. base pay+ $3.501hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. j baCK 10 1 able of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $29.95 $12.05 0-30 mi.free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 45 tons up to and incl. 74 tons. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $30.95 $12.05 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley(All). T Back to Table of Contents 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $31.95 $12.05 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add$1.00 for every 100 tons over 250 tons; Crane, Tower(All); Crane Stiff-Leg or Derrick; Helicopter Hoist. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $21.58 $8.69 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. >60 mi. base pay+$4.85/hr. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $24.40 $8.69 0-30 mi.free zone >30-60 mi. base pay+$3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. General Labor;Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. T Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.54 $8.69 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $25.26 $8.69 0-30 mi.free zone >30-60 mi. base pay+$3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Hod Carrier***;Water Well Laborer; Blaster; Wagon Driller;Asphalt Raker; Cutting Torch; Grade Setter; ***Hod Carriers will receive the same amount of travel High-Scaler; Power Saws(Faller&Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock&Core Drill;Track or Truck Mounted travel. Wagon Drill and Welder incl.Air Arc. T Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $38.16 $14.52 0-30 mi. free zone Diving $76.32 $14.52 >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. T Back to Table of Contents 10 DIVER TENDERS Wage Benefit Zone Pay: $37.16 $14.52 0-30 mi.free zone >30-60 mi. base pay+$4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. T Back to Table of Contents ELECTRICIANS Wage Benefit Travel: $32.74 $13.45 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi.federal mileage rate/mi. >60 mi. $75.00/day T Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit Travel: $28.04 $17.38 0-50 mi.free zone >50 mi. Duties Include: ■ $0.25/mi. in employer vehicle. Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehilcle. commissioning of all air-handling equipment and duct work. Per Diem: $65/day T Back to Table of Contents 11 INSULATION WORKERS -MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $34.17 $19.47 0-30 mi. free zone >30-40 mi. $20.00/day Duties Include: >40-50 mi. $30.00/day Insulate pipes, ductwork or other mechanical systems. >50-60 mi. $40.00/day >60 mi. $45.00/day plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. >60 mi. $80.00/day on jobs requiring an overnight stay plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. T Back to Table of Contents IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $23.16 0-45 mi. free zone >45-85 mi. $55.00/day Duties Include: >85 mi_ $85.00/day Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar, energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. T Back to Table of Contents LINE CONSTRUCTION—EQUIPMENT OPERATORS Wage Benefit Zone Pay: $33.27 $14.71 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents LINE CONSTRUCTION—GROUNDMAN Wage Benefit Zone Pay: $25.98 $13.31 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents 12 LINE CONSTRUCTION—LINEMAN Wage Benefit Zone Pay: $43.43 $15.30 No Free Zone Duties Include: $60.00/day All work on substations T Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents PAINTERS Wage Benefit Travel: $25.05 $16.72 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: No free zone. $0.60/mi. Per Diem: $80.00/day T Back to Table of Contents 12 PILE BUCKS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi.free zone >30-60 mi. base pay+$4.00/hr. Duties Include: >60 mi. base pay+$6.00/hr. Set up crane; set up hammer;weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. T Back to Table of Contents PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $35.66 $16.86 0-70 free zone >70 mi. Duties Include: ■ On jobs when employees do not work Assemble, install, alter, and repair pipe-lines or pipe consecutive days: $0.55/mi. if employer doesn't systems that carry water, steam, air, other liquids or provide transportation. Not to exceed two trips. gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may N On jobs when employees work any number of also install heating and cooling equipment and consecutive days: $100.00/day if employer mechanical control systems. doesn't provide transportation. T Back to Table of Contents SHEET METAL WORKERS Wage Benefit Travel: $28.04 $17.38 0-50 mi. free zone >50 mi. Duties Include: 0 $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehicle commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, Per Diem: dismantling, and alteration of all HVAC systems, air $65.00/day veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. T Back to Table of Contents TEAMSTERS GROUP 'I (Pilot Car Drivers) No Rate Established T Back to Table of Contents 13 TEAMSTERS GROUP 2 (Truck Drivers) No Rate Established This group includes but is not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson;Truck Mechanic; Trucks with Power Equipment;Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. r Back to Table of Contents MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2017 Effective: January 7, 2017 Steve Bullock, Governor State of Montana Pam Bucy, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwagehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-5600 TDD 406-444-5549 The Labor Standards Bureau welcomes questions, comments, and suggestions from the public. In addition,we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING IMAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required that each employer pay(as a minimum)the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at (406)444-5600 or TDD (406)444-5549. In addition,this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the Labor Standards Bureau at(406)444-5600 or TDD (406)444-5549. PAM BUCY Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication .................................... 3 B. Definition of Highway Construction ............................................................................................................. 3 C. Definition of Public Works Contract .................................................................. 3 D. Prevailing Wage Schedule .................................................................. 3 E. Rates to Use for Projects ........................................................................................................................ 3 F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ..................................................................................................................................... 4 H. Dispatch City ........................................................................................................................................ 4 I. Zone Pay ............................................................................................................................................. 4 J. Computing Travel Benefits ..................................................................................................................... 4 K. Per Diem ............................................................................................................................................ 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 0. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ..................................... 5 R. Foreman Rates 5 WAGE RATES: BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS 6 ............................... CEMENT MASONS AND CONCRETE FINISHERS ................................. 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 6 OPERATORS GROUP 2 7 OPERATORS GROUP 3 7 OPERATORSGROUP 4 ................ .. ........................................................................................................ 8 OPERATORS GROUP 5 ......... 8 OPERATORS GROUP 6 8 OPERATORSGROUP 7 ........................................................................................................................... 8 CONSTRUCTION LABORERS LABORERS GROUP 1 9 LABORERS GROUP 2 9 LABORERSGROUP 3 ............................................................................................................................ 9 LABORERSGROUP 4 ........................................................................................................................... 10 DIVERS .................................................................................................................................................... 10 DIVERTENDERS ........................................................................................................................................ 10 ELECTRICIANS 11 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS 11 LINE CONSTRUCTION EQUIPMENT OPERATOR 11 GROUNDMAN ......................................................................................................................................... 11 LINEMAN ................................................................................................................................................. 11 MILLWRIGHTS ............................................................................................................................................ 12 PAINTERS ................................................................................... ..... ..... ..... 12 . ............................................. PILE BUCKS ............................................................................................................................................... 12 TEAMSTERS GROUP 1(Pilot Car Drivers) .......................................................................................................... 12 TEAMSTERS GROUP 2 (Truck Drivers) .............................................................................................................. 13 2 A.Date of Publication January 7,2017 D.Definition of Highway Construction The Administrative Rules of Montana(ARM),24.17.501(3)—(3)(a),states "Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment(for road construction),fencing(highway), grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians,parking lots,parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and bails." C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines "public works contract"as "...a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000...". D.Prevailing Wage Schedule This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction,Heavy Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the Labor Standards Bureau at(406)444-5600 or TDD(406)444-5549. E.Rates to Use for Projects ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised." F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: "(1)Any public works contract that by the terms of'the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency." 3 G. Fringe Benefits Section 18-2-412,MCA states: "(1) To fulfill the obligation...a contractor or subcontractor may. (a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c)make payments using any combination of methods set forth in subsections (1)(a) and(1)(b)so that the aggregate of payments and contributions is not less than the siand'ardprevailing rate of wages, including fi-inge benefits and travel allowances, applicable to the district for the particular type of work being pei formed. (2) The fringe benefit fund,plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor." Fringe benefits are paid for all hours worked(straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City ARM,24.17.103(11),defines dispatch city as "...the courthouse in the city from the following list which is closest to the center of the job:Billings, Bozeman, Butte, Great Falls, Helena, Kalispell. and Missoula." 1.Zone Pay Zone pay is not L-avel pay. ARN'I,24.17.1u3(24),de uses zone pay as"...an amount added to the base pay;the combined sum then becomes the new base wage rate to be paid for all hours worked on the project.Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM,24.17.103(22),states " 'Travel pay,'also referred to as `travel allowance,'is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job." See section H above for a list of dispatch cities. K.Per Diem ARM,24.17.103(18),states " 'Per diem'typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer." L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states "...The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M.Posting Notice of Prevailing Wages Section 18-2-406,MCA,provides that contractors, subcontractors,and employers who are "...performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." N.Employment Preference Sections 18-2-403 and 18-2-409,MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification" P.Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: hlip://www.bls.gov/oes/curreLit/oes stru.htm Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work,the foreman must be paid at least the journey level rate. 5 WAGE RATES BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $26.58 $13.77 0-45 mi.free zone >45-60 mi. $25.00/day >60-90 mi. $55.00/day >90 mi. $65.001day T Back to Table of Contents ' CARPENTERS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit J Zone Pay: Q $23.87 ,n w 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. Duties Include: >50 mi. base pay+$3.00/hr. Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 'I Wage Benefit Zone Pay: $24.02 $9.90 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Air Compressor;Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane,A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler,All Except Cranes/Shovels; Pumpman. T Back to Table of Contents 6 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $26.05 $9.90 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float&Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger,All; Hydralift Forklifts&Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine;Washing/Screening Plant T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $26.91 $9.90 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Asphalt Paving Machine;Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt(Breakdown &Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. T Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $27.60 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 �nra JQ Benefit ' tone gay: $28.94 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Cranes, 45 tons up to and incl. 74 tons. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $29.63 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to:Cranes, 75 >50 mi. base pay+$3.00/hr. tons Lip to and incl. 149 tens; Cranes, Whirley(All). I T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $31.73 $9.90 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower(All); Crane Stiff-Leg or Derrick; Helicopter Hoist. T Back to Table of Contents 8 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $19.30 $9.00 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. >50 mi. base pay+$3.00/hr. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $23.60 $8.05 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. General Labor;Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $22.19 $8.05 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. T Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $23.18 $8.05 0-25 mi.free zone >25-50 mi. base pay+$2.50/hr. This group includes but is not limited to: >50 mi. base pay+$3.00/hr. Hod Carrier***;Water Well Laborer; Blaster; Wagon Driller;Asphalt Raker; Cutting Torch; Grade Setter; ***Hod Carriers will receive the same amount of travel High-Scaler; Power Saws(Faller&Concrete) and/or subsistence pay as bricklayers when requested to Powderman; Rock&Core Drill;Track or Truck Mounted travel. Wagon Drill and Welder incl.Air Arc. T Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $38.16 $14.52 0-30 mi. free zone Diving $76.32 $14.52 >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. T Back to Table of Contents DIVER TENDERS Wage Benefit Zone Pay: $37.16 $14.52 0-30 mi.free zone >30-60 mi. base pay+$4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. T Back to Table of Contents 10 ELECTRICIANS Wage Benefit Travel: $32.74 $13.45 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi.free zone >18-60 mi.federal mileage rate/mi. >60 mi. $75.00/day f Back to Table of Contents IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $23.16 0-45 mi. free zone >45-85 mi. $55.00/day Duties Include: >85 mi. $85.00/day Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. f Back to Table of Contents LINE CONSTRUCTION—EQUIPMENT OPERATORS Wage Benefit Zone Pay: $33.27 $14.17 No Free Zone $60.00/day T Back to Table of Contents LINE CONSTRUCTION—GROUNDMAN Wage Benefit Zone Pay: $25.98 $13.31 No Free Zone $60.00/day ?Back to Table of Contents LINE CONSTRUCTION—LINEMAN Wage Benefit Zone Pay: _ $43.43 $15.30 No Free Zone $60.00/day f Back to Table of Contents 11 MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $11.82 0-30 mi.free zone >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents PAINTERS Wage Benefit $27.00 $9.30 T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $29.00 $11.82 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. Duties Include: >60 mi. base pay+$6.00/hr. Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. T Back to Table of Contents TEAMSTERS GROUP 1 (Pilot Car Drivers) Wage Benefit Zone Pay: $20.39 $9.16 0-25 mi. free zone >25-50 mi. base pay+$2.50/hr. >50 mi. base pay+$3.00/hr. T Back to Table of Contents 12 TEAMSTERS GROUP 2 (Truck Drivers) Wage Benefit Zone Pay: $26.09 $9.16 0-30 mi. free zone >30-60 mi. base pay+$2.50/hr. This group includes but is not limited to: >60 mi. base pay+$3.00/hr. Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment;Warehouseman, Partsman, Cardex and Warehouse Expeditor;Water Trucks. T Back to Table of Contents 13 NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR:2017 Olive&Church Street Reconstruction Project You are notified that your Bid opened on ,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the:2017 Olive&Church Street Reconstruction Project. The Contract Price ofyour Contract is: Dollars Four(4)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. Two (2)sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award, that is,by 1. You must deliver to the OWNER Four (4) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to Bidders(Article 20),and the General Conditions(paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award,and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: BY: BY: (CITY MANAGER) (CITY CLERK) DATE: CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK# PO Box 1230 - Bozeman, MT 59771-1230 (406) 582-2334 PAY TO: Date Paid: TOTAL $ VENDOR# DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: I,the undersigned,do solemnly swear,that I am of OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant,and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS#or Tax ID# Business License# THE CITY OF BOZEMAN MUST HAVE YOUR SS#OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. Field Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.. Contract: I Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required,please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s)/Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by Contractor: Date: Copy to Owner EJCDC C-942 Field Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Certificate of Substantial Completion Project: Owner: O«ner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: ❑All Work under the Contract Documents: ❑The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security,operation, safety,maintenance, heat,utilities,insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities ❑Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date FJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Notice to Proceed Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address:[send Certified Mail,Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is I Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also,before you may start any Work at the Site,you must: [add other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 MONTHLY PAY ESTIMATE SUMMARY Date 2017 Olive & Church Street Reconstruction Project City of Bozeman, Montana Estimate No._- to 12017 DESCRIPTION AMOUNTS THIS MONTH PREVIOUS TO DATE Earnings for Work & Materials Installed: $0.00 $0.00 $0.00 Plus 100% of Invoice for Materials Stored: $0.00 $0.00 $0.00 Less Materials Used: $0.00 $0.00 $0.00 Subtotal: $0.00 $0.00 $0.00 5% Retainage: $0.00 $0.00 $0.00 Net Earnings: $0.00 $0.00 $0.00 Less 1% Gross Receipts Tax: $0.00 $0.00 $0.00 Gross Payment: $0.00 $0.00 $0.00 Less Previous Payments: $0.00 Net Payment this Estimate: $0.00 $0.00 Percent Time Elapsed: #VALUE! Work Done Based on Installed Cost: #DIV/0! Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): 90 Stop/Resume Work Orders (dy): 0 Approved Time Extensions (dy): 0 New Contract Completion Time (dy): 90 Contract Completion Date: 3/30/1900 Contract Cost Data: Amount of Original Contract: $0.00 Approved Changes: $0.00 Revised Amount: $0.00 Approved by (Contractor): Approved by City of Bozeman (Owner): PAY ESTIMATE 2017 Olive&Church Street Reconstruction Project CONTRACTOR: ENGINEER: City of Bozeman P.O.Box 1230 Bozeman,MT 59771 PAY ESTIMATE NO._ to ,2017 QUANTITY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE SCHEDULEI 101 Taxes,Bonds,Insurance LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 102 Mobilization LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 103 SWPPP Implementation LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 104 Unclassified Excavation Above Subgrade CY 5,345 0 0 0 $0.00 $0.00 $0.00 $0.00 105 Remove Existing Concrete Curb LF 3,445 0 0 0 $0.00 $0.00 $0.00 $0.00 106 Remove Existing Concrete Sidewalk,Ped SF 5,367 0 0 0 $0.00 $0.00 $0.00 $0.00 Ramps,Drive Alley Approaches 107 Geotextile Separation Fabric SY 9,010 0 0 0 $0.00 $0.00 $0.00 $0.00 108 3"Minus Uncrushed Subbase CY 2,503 0 0 0 $0.00 $0.00 $0.00 $0.00 109 1"Minus Crushed Base Course CY 1.251 0 0 0 $0.00 $0.00 $0.00 $0.00 110 Asphalt Concrete Pavement 3"Thickness SY 6,497 0 0 0 $0.00 $0.00 $0.00 $0.00 111 Concrete Curb&Gutter LF 3,445 0 0 0 $0.00 $0.00 $0.00 $0.00 112 Ped Ramps,Drive&Alley Approaches, SF 5.254 0 0 0 $0.00 $0.00 $0.00 $0.00 &Sidewalk(6"depth) 113 Concrete Sidewalk 4"Depth SF 1,388 0 0 0 $0,00 $0.00 $0.00 $0.00 114 ADA Detectable Warning Panel SF 220 0 0 0 $0.00 $0.00 $0.00 $0.00 115 Adjust Existing Manhole to Grade EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 116 Site Restoration&Hydraulic Seeding LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 117 Traffic Control LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 118 2"Square Tube Metal Posts LF 455 0 0 0 $0.00 $0.00 $0.00 $0.00 119 Aluminum Signs SF 45 0 0 0 $0.00 $0.00 $0.00 $0.00 120 Preformed Inlaid Plastic Pavement Marking LF 60 0 0 0 $0.00 $0.00 $0.00 $0.00 White(8") 121 Preformed Inlaid Plastic Pavement Marking LF 180 0 0 0 $0.00 $0.00 $0.00 $0.00 White(24") 122 Epoxy Pavement Marking-Curb Top&Face GAL 10 0 0 0 $0.00 $0.00 $0.00 $0.00 123 Construction Staking LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 124 Miscellaneous Work EA 35,000 0 0 0 $0.00 $0.00 $0.00 $0.00 SCHEDULE2 201 Connection to Existing Main EA 8 0 0 0 $0.00 $0.00 $0.00 $0.00 202 4"MJ Gate Valve w/V.B. EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 203 6"MJ Gate Valve w/V.B. EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 204 8"MJ Gate Valve w/V.B. EA 4 0 0 0 $0.00 $0.00 $0.00 $0.00 205 10"MJ Gate Valve w/V,B. EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 206 12"MJ Gate Valve w/V.B. EA 8 0 0 0 $0.00 $0.00 $0.00 $0.00 207 14"MJ Gate Valve w/V.B. EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 208 10"x 8"MJ Reducer EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 209 12"x 10"MJ Reducer EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 210 14"x 12"MJ Reducer EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 211 8"x 4"MJ Tee EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 212 8"x 6"MJ Tee EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 213 10"x 6"MJ Tee EA 1 0 0 0 $0,00 $0.00 $0.00 $0.00 214 12"x 8"MJ Tee EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 215 12"MJ Tee EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 216 12"22 1/2 deg MJ Bend EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 217 10"22 1/2 deg MJ Bend EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 218 12"x 8"Cross EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 219 4"CL 51 D.I.P. LF 36 0 0 0 $0.00 $0.00 $0.00 $0.00 220 6"CL 51 D.I.P. LF 36 0 0 0 $0.00 $0.00 $0.00 $0.00 221 8"CL 51 D.I.P. LF 72 0 0 0 $0.00 $0.00 $0.00 $0.00 222 10"CL 51 D.I.P. LF 445 0 0 0 $0.00 $0.00 $0.00 $0.00 223 12"CL 51 D.I.P. LF 965 0 0 0 $0.00 $0.00 $0.00 $0.00 224 14"CL 51 D.I.P. LF 41 0 0 0 $0.00 $0.00 $0.00 $0.00 225 Service Reconnection Win trench limits EA 21 0 0 0 $0.00 $0.00 $0.00 $0.00 2"diameter and smaller 226 Service Reconnection outside trench limits LF 120 0 0 0 $0.00 $0.00 $0.00 $0.00 2"diameter and smaller 227 Install Expansion Tank&Backflow Preventer EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 228 Fire Hydrant 6'bury EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 229 Fire Hydrant 6.5'bury EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 230 Remove Existing Hydrant EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 231 Insulation LF 1,008 0 0 0 $0.00 $0.00 $0.00 $0.00 232 Jack and Bore LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 233 Temporary Water System LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 234 Type 2 Pipe Bedding CY 40 0 0 0 $0.00 $0.00 $0.00 $0.00 235 Imported Backfill Material CY 40 0 0 0 $0.00 $0.00 $0.00 $0.00 236 Locate&Repair Sewer Service EA 5 0 0 0 $0.00 $0.00 $0.00 $0.00 237 Miscellaneous Work CA 10,000 0 0 0 $0.00 $0,00 $0.00 $0.00 SCHEDULE3 301 Remove Existing Manhole EA 7 0 0 0 $0.00 $0.00 $0.00 $0.00 302 Remove&Dispose of Existing Asbestos LF 469 0 0 0 $0.00 $0.00 $0.00 $0.00 Cement Pipe 303 8"SDR 35 PVC Sewer Main LF 1,116 0 0 0 $0.00 $0.00 $0.00 $0.00 304 21"T-1 Wall Thickness SDR-35 PVC LF 656 0 0 0 $0.00 $0.00 $0.00 $0.00 Sewer Main 305 4'Dia.Basic Manhole 5'-0"Depth EA 7 0 0 0 $0.00 $0.00 $0.00 $0.00 306 4'Dia.Additional Manhole Depth VF 19.2 0 0 0 $0.00 $0.00 $0.00 $0.00 307 5'Dia.Basic Manhole 5'-0"Depth EA 3 0 0 0 $0.00 $0.00 $0.00 $0.00 308 5'Dia.Additional Manhole Depth VF 15.7 0 0 0 $0.00 $0.00 $0.00 $0.00 309 4"Sewer Service Connection EA 32 0 0 0 $0.00 $0.00 $0.00 $0.00 310 4"SDR 26 Sewer Service LF 700 0 0 0 $0.00 $0.00 $0.00 $0.00 311 Bypass Pumping LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 312 Miscellaneous Work EA 10,000 0 0 0 $0.00 $0.00 $0.00 $0.00 SCHEDULE4 401 Remove Existing Storm Sewer Inlet EA 22 0 0 0 $0.00 $0.00 $0.00 $0.00 402 Remove Existing Storm Sewer Manhole EA 4 0 0 0 $0.00 $0.00 $0.00 $0.00 403 Remove Existing Storm Sewer Pipe LF 1118 0 0 0 $0.00 $0.00 $0.00 $0.00 404 12"SDR 35 PVC Storm Sewer Pipe LF 358 0 0 0 $0.00 $0.00 $0.00 $0.00 405 15"SDR 35 PVC Storm Sewer Pipe LF 1562 0 0 0 $0.00 $0.00 $0.00 $0.00 406 4'Diameter Storm Sewer Manhole EA 10 0 0 0 $0.00 $0.00 $0.00 $0.00 407 5'Diameter Storm Sewer Manhole w/ EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 Hydrodynamic Separator 408 Standard Storm drain Inlet EA 14 0 0 0 $0.00 $0.00 $0.00 $0.00 409 4'Diameter Combination Storm EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 Manhole/Inlet 410 Asphalt Surface Restoration LF 648 0 0 0 $0.00 $0.00 $0.00 $0.00 411 Connection to Existing Storm Manhole EA 6 0 0 0 $0.00 $0.00 $0.00 $0.00 412 15"Diameter Box Culvert Penetration EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 ADDITIVE ALTERNATE 1 501 8"SDR-35 PVC Sewer Main LF 530 0 0 0 $0.00 $0.00 $0.00 $0.00 502 4'Diameter Basic Manhole 5'-0"Depth EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 503 4'Diameter Additional Manhole Depth VF 3 0 0 0 $0.00 $0.00 $0.00 $0.00 504 4"SDR 26 Sewer Service Connection EA 8 0 0 0 $0.00 $0.00 $0.00 $0.00 505 4"SDR 26 Sewer Service LF 29 0 0 0 $0.00 $0.00 $0.00 $0.00 506 Connect to Existing Manhole EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 507 12"SDR-35 PVC Storm Sewer Pipe LF 27 0 0 0 $0.00 $0.00 $0.00 $0.00 508 Bypass Pumping LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 509 Asphalt Surface Restoration LF 355 0 0 0 $0.00 $0.00 $0.00 $0.00 ADDITIVE ALTERNATE 2 601 Conduit Installation LF 1433 0 0 0 $0.00 $0.00 $0.00 $0.00 602 Maintenance Hole EA 6 0 0 0 $0.00 $0.00 $0.00 $0.00 603 4"Sch.80 PVC Utility Culvert LF 159 0 0 0 $0.00 $0.00 $0.00 $0.00 SUBTOTAL BID ITEM WORK INSTALLED $0.00 $0.00 $0.00 Materials in Storage $0.00 $0.00 $0.00 Materials out of Storage $0.00 $0.00 $0.00 SUBTOTAL $0.00 $0.00 $0.00 Total Amount Due $0.00 $0.00 $0.00 Less Retainage 5% $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less 1%Gross Reciepts Tax $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 Less Previous Payments $0.00 $0.00 Total Due This Payment $0.00 $0.00 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: City of Bozeman Owner's Contract#: Contract: Date of Contract: Contractor: Engineer's Project#: You are directed to proceed promptly with the following change(s): Item No. Description Attachments(list documents supporting change): Purpose for Work Change Directive: ❑ Authorization for Work described herein to proceed on the basis of Cost of the Work due to: ❑ Nonagreement on pricing of proposed change. ❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. ❑ Other: Estimated change in Contract Price and Contract Times: Contract Price$ (increase/decrease) Contract Time (increase/decrease) If the change involves an increase,the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date: Authorized by Owner: Date: Accepted for Contractor by: Date: Approved by Funding Agency(if applicable): Date: CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times: Substantial Completion: $ Ready for final payment: (days or dates Net Increase(Decrease)from previous Change Net change from previous Change Orders No._to Orders No._to_: No. Substantial Completion: $ Ready for final payment: (days) Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for final payment: (days or dates Net increase (decrease) of this Change Order: Net increase (decrease)this Change Order: Substantial Completion: $ Ready for final payment: (days) Contract Price with all approved Change Orders: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items,except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR(Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER- Signature) Date OWNER(Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Page 1 of 2 R:\Dropzones\Kel1en\2017 E Olive\Spec Book\16-COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL,INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement,any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a F;C!d Order sli-,,..i!d he used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 R:\Dropzones\Ke11en\2017 E Olive\Spec Book\16-COB Change Order Form.doc ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract,you are hereby directed to suspend work(minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not)continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Suspend Work—Page 1 of 1 R:\Dropzones\Ke11en\2017 E Olive\Spec Book\17-suspend_wrk.doc 12/27/16 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20 Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence.- Order to Contractor to Resume Work— Page 1 of 1 SPECIAL PROVISIONS 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for the reconstruction of East Olive Street from South Black Avenue to South Church Avenue and on South Church Avenue from East Olive Street to East Babcock Street along with associated utility replacement,ADA ramps and drive approaches in the City of Bozeman. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Sixth Edition(MPWSS),6th Edition,and as further modified by the City of Bozeman Modifications to MPWSS, 6th Edition, which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the City Engineer or his designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages,reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK The work involves complete street reconstruction of East Olive Street from South Church Avenue to South Black Avenue and South Church Avenue from East Babcock Street to East Olive Street including: replacement of existing water mains, valves, fittings and appurtenances on East Olive Street;bore and jack under Bozeman Creek; installation of new sewer mains,manholes and sewer services; removal of the existing road section from curb to curb and construction of a new road section, installation of storm sewer, new signage, spot replacement of existing sidewalks, replacement of drive approaches, adjusting existing utilities to accommodate the new roadway, restoring boulevards to pre-existing conditions and all related work incidental to construction. 3. AWARD OF CONTRACT If the contract is awarded,the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all Bid Schedules on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids,or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive,responsible Bidder which,in the Owner's sole and absolute judgment,will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Schedule 1, 2, 3 and 4 Bid. The award of the contract, if awarded,will be made within the period specified in the Invitation to 1 SPECIAL PROVISIONS Bid to the lowest responsive, responsible Bidder who's Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter,mailed to the address shown on the Bid,that his Bid has been accepted and that he has been awarded a contract. 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. There multiple schedules are awarded under a single contract, the contract times shall run concurrently unless the City agrees to issue separate notices to proceed. T?�P Contract Tine �F�-ill expire automatically after the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $500.00 Der calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer,trade name,or brand,such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. 2 SPECIAL PROVISIONS 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work,together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances,organization,and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full- time resident General Superintendent on the j ob at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 10. WARRANTY If, within two years after acceptance of the work by the Owner, any of the work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order,timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE 3 SPECIAL PROVISIONS After the contract(s) have been awarded, but before the start of construction, a conference will be held at the City Engineer's Office,20 E. Olive Street,for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors,contract change orders,insurance,safety,and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and any problems anticipated. 13. SHOP AND FABRI_C.ATION DRAWINGS The Contractor shall prepare and submit fabrication drawings, design mix information, material Testing compliance data, and other data, in accordance with the General Conditions. Following review,the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review,Contractor shall remain solely responsible for full and complete performance in accordance with the terms,conditions,provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system,phone number 1-800-424-5555 has been set up to facilitate requests for underground facility locate information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. EASEMENTS, RIGHTS-OF-WAY,ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 16. TRAFFIC CONTROL 4 SPECIAL PROVISIONS B. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures,the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction.The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. C. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four(24)hours prior to beginning work within the affected area. All signing,barricades,and other traffic control measures shall be provided by the Contractor. D. Warning Signals. All streets,roads,highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions,including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. E. Notifications. The Contractor shall coordinate all of the Contractor's construction activities to minimize conflicts at the work site,off-site events,or other construction projects nearby. The Contractor shall notify all affected residents and businesses,the Bozeman Police,Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service,and Allied Waste Services of all planned street closures a minimum of 24 hours before any 5 SPECIAL PROVISIONS actual street closure. In addition, all businesses affected by a street closure shall be given seven(7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site.Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. F. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted witbout prior approval by City of Bozeman Street Department and the Montana Department of Transportation. G. Work Methods. 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays,and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property, the Owner may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flagpersons. Flagging shall be done as described in the booklet"Instructions to Flagpersons"published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local 6 SPECIAL PROVISIONS businesses at all times. Work shall be scheduled so as to minimize disruptions to local mail and freight delivery. The Contractor shall maintain vehicular access to residences able to be used after each shift. Street closures shall be closures to through traffic with local traffic allowed. Provide channelization, flaggers, or other measures necessary to allow the safe passage of local vehicles to access residences that are within the work zone but not blocked by construction. Notify all residents at least 24 hours in advance of any access restrictions for individual approach or street closures. Schedule work such that individual approach closures last no more than a single shift. The Contractor shall utilize whatever means he deems necessary to allow traffic on driveway curbs and aprons a maximum of 10 days after they are poured unless approval is specifically granted by the homeowner to leave them closed for a longer period of time. The Contractor will be responsible for any cracking or broken sidewalk that may result from use of the driveways. 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local,State,and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers,streams,impoundments or into natural or manmade channels leading thereto. In addition,the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department of Fish,Wildlife and Parks,Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned 7 SPECIAL PROVISIONS up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 21. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner. Should the owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the engineer. Any costs for the above referenced work shall be at the contractor's expense. 22. ACCESS TO RECORDS The Contractor shall allow access to any books, documents,papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 23. INSURANCE 8 SPECIAL PROVISIONS Insurance coverage required under this contract shall extend,at a minimum,to the end of the contract time. 24. WATER SERVICE RECONNECTIONS It shall be the responsibility of the CONTRACTOR to hook up all active water services. Water services as shown on the plans have been identified to be active or inactive (not hooked up) based on the best available records, however it shall be the CONTRACTOR'S responsibility to verify which services are active and need reconnection. He shall be responsible for contacting and coordinating with the landowners to determine which services are active. All active water services shall be reconnected. CONTRACTOR shall be responsible for locating all service connections outside mainline trench limits. Copper pipe shall be used to reconnect service lines 2" and smaller and ductile iron pipe shall be used to reconnect services 4" and larger. Replaced services shall be 1" diameter minimum, unless otherwise directed by the ENGINEER. All active services encountered that are not copper, cast iron, or ductile iron pipe shall be replaced up to the meter. Installation of a backflow preventer and expansion tank is required with any reconnection to the meter where they do not already exist. All work shall be completed by a licensed plumber and be in accordance with all city standards and the Uniform Plumbing Code. See the Water Inspection Requirements document at http://www.bozeman.net/Departments-(l)/Public-Service/Water-Sewer/Contractors-Corner asnx for additional information. 25. WATER SERVICE SHUTDOWNS The CONTRACTOR shall notify water service customers of any water main or water service shutdowns in writing between 24 and 48 hours prior to the disruption, and shall have all necessary materials, tools, equipment and labor on the site prior to removing the existing lines from service. 26. ABANDONING EXISTING STORM PIPE & INLETS All existing storm inlets within the project limits shall be removed and disposed of off-site by the CONTRACTOR. Measurement and payment for this shall be made under pay item numbers 401-403. Existing storm sewer main shall be abandoned in place or removed. If abandoned in place, the ends of the main shall be plugged and the main completely filled with flowable (non- shrink) backfill. In many instances, the existing pipe is near the location of the proposed storm pipe, so in lieu of abandoning in place, the CONTRACTOR may choose to remove the main and dispose of offsite. Regardless of the method chosen, measurement and payment for this work and all costs associated with abandoning the main in place or removing shall be paid for under pay item 403. All storm sewer lateral pipes between the existing main and the inlets shall be removed and disposed of off-site by the CONTRACTOR. Measurement and payment for this 9 SPECIAL PROVISIONS shall be made under pay item number 403. 27. LANDSCAPING RESTORATION CONTRACTOR shall be responsible for the restoration of any and all landscape features disturbed during construction. All landscaping disturbed by construction activities must be restored to a condition equal to or better than the conditions existing prior to construction as judged by the ENGINEER. The CONTRACTOR shall be required to stockpile and replace all topsoil and irrigation systems disturbed by construction. Payment for landscaping and landscape restoration shall be made under bid item 116. Disturbed boulevard areas shall be restored with Kentucky Blue Grass Sod. Seeding disturbed areas will not be allowed for landscape restoration. 28. WATER PIPE MATERIALS AND SPECIALS A. Water main piping materials shall be ductile iron pipe as referenced in Section 02660, MPWSS, and City of Bozeman Modifications to MPWSS. B. All service line reconnections or extensions shall be installed under existing mains. C. Service reconnections shall be reconnected by the method shown on City of Bozeman Standard Drawings 02660-6 and 02660-12.Note that all corporation stops shall be ball corp valve type, and all curb stops shall be ball valve curb stops. D. The reconnection of services shall be made with the minimum amount of fittings necessary. At the determination of the ENGINEER, exposed existing fittings shall be removed and the service reconnection point lengthened, as necessary. This shall be incidental to the work. E. The reconnection of services shall follow the guidelines of the industry and material manufacturer. This will include: 1. Removal of burrs after cutting the pipe. 2. The use of a manufactured sizing tool to true the pipe. 3. Using special care to keep the fittings clean. 4. Forming the specified expansion loop. 29. INSULATION BOARD Water line insulation board shall have a closed cell structure with an R-Value of 5 per inch of thickness. Maximum water absorption shall be 0.1%by volume and minimum compressive strength shall be 60 psi. Insulation board shall be Styrofoam Brand High Load 60 or approved 10 SPECIAL PROVISIONS equal. Insulation board shall be installed with 2-inches of sand bedding and 2-inches of sand over the top of the insulation board. Insulation board shall be installed as specified on the plans over all water mains, service lines, or hydrant leads when depth of cover is less than 6.5 feet. 30. FIRE HYDRANTS There may be locations where fire hydrants are to be installed at depths which differ from the typical bury depth. CONTRACTOR shall be responsible for obtaining the correct materials to ensure that all fire hydrants are installed with the proper bury depth. Installation of fire hydrants must be such that the breakaway bolts are accessible from underneath and that the bottom of the breakaway flange is not installed more than 3-inches above the finished grade. 31. MAINLINE CONNECTIONS All mainline connection taps will be performed by the City of Bozeman personnel. City personnel will verify test results prior to tapping. CONTRACTOR shall be responsible for supplying and installing tapping tee, connection sleeves, spool pieces, and all other appurtenances required for connections. Once tap is completed, CONTRACTOR shall complete all connections. CONTRACTOR shall provide means, methods, and labor to set and remove tapping equipment. City of Bozeman requires 24-hour notice and an appointment(scheduled time) for tapping services.No taps will be made after 3:00 p.m. CONTRACTOR shall be ready at scheduled tapping appointment time. If CONTRACTOR is not ready at scheduled time, City personnel will leave and CONTRACTOR shall reschedule with the required 24-hour notice. No consideration will be given to CONTRACTOR's inability to be ready at the scheduled tapping time. City of Bozeman will provide tapping service at no cost to CONTRACTOR. The CONTRACTOR is advised that the City cannot guarantee 100% shutdowns for water main connections. Existing valves may leak. The CONTRACTOR shall have all equipment necessary to handle any water present and make connection without the complete stoppage of water. No payment will be made for dealing with water. All costs associated with less than complete shutdown shall be included in other bid prices. 32. CHLORINATION AND TESTING Water Water required for water main flushing, filling, and hydrostatic pressure and leakage testing shall be provided at no cost to the CONTRACTOR. Flushing CONTRACTOR shall provide a means for flushing and bleeding air from water lines. For flushing, a minimum of one 2" tap (corp and saddle) for pipe less than 12 inches diameter 11 SPECIAL PROVISIONS and two 2" taps (corp and saddles -with 1' separation) for pipe 12 inches diameter and greater, shall be installed on the piping if other means (fire hydrants, tapped plugs, etc.) are not available. CONTRACTOR shall be responsible for the proper disposal of all chlorinated water. For bleeding air, it shall require a minimum of 3/4" tap (corp and saddle) on the piping if other means (fire hydrants, tapped plugs, etc.) are not available. Corps shall be removed after testing is completed and replaced with brass plugs. Any core, saddles, or other pipe or fittings required for flushing or bleeding air from water lines shall be incidental to the water main construction. Chlorine If the "tablet"method of chlorination is used, only the granule hypochlorite shall be used. 33. TEMPORARY WATER SYSTEMS - GENERAL The CONTRACTOR shall provide temporary water service to all interrupted service connections associated with the water main replacement projects. The areas where consumers are affected by the work and require a temporary water supply should be verified with both the ENGINEER and OWNER at least 72 hours (excluding weekends and holidays)prior to the anticipated suspension of water service. Temporary water service shall include temporary service for fire protection. In lieu of providing temporary service for fire protection,the Contractor may provide a fire watch in each building for all times that the fire service is inactive and the building is unoccupied. This method shall only be allowed with the approval of the property owner. The person doing the fire watch shall have no other duties during the time they are on fire watch duty. Temporary water service to fire systems shall be sized as necessary to meet the demands of the building sprinkler system. Following the ENGINEER's and OWNER'S review and approval of any proposed shutdown request,the CONTRACTOR shall be required to give a minimum 24-hour advance notice (excluding weekends and holidays) to all residential consumers whose service will be temporarily affected, by means of individual notices delivered to each consumer. The CONTRACTOR must have available all the necessary materials to complete the restoration of water to each of these residential services within eight (8)hours after the suspension begins or before 5:00 p.m., whichever comes first. Failure to complete the work within the 8 hour period will result in the assessment of Liquidated Damages. See Article 2.3, Special Liquidated Damages. For commercial services, special arrangements shall be made by the CONTRACTOR to provide temporary water service. The CONTRACTOR will not be allowed to take a commercial service out of service except in emergency conditions unless otherwise approved by the business and the City. The CONTRACTOR shall supply all hoses, fittings, etc., for providing temporary water service. Copper piping or other "non-taste" inducing pipe shall be necessary if the commercial consumer serves food or water products as part of his business. 12 SPECIAL PROVISIONS The CONTRACTOR will be required to supply temporary water to the residential consumer if the above 8-hour limitations are expected to be exceeded. The CONTRACTOR shall submit a shop drawing including all materials proposed to be used for temporary water. Additionally, a temporary water plan shall be submitted for each zone prior to starting to layout the temporary water system. This submittal shall include connection points, hydrants and/or valves to be operated by City of Bozeman personnel, layout for connection to each service, and the location of all asphalt trench cuts as a minimum. Depending on the circumstances of the zone, additional information may be required by the ENGINEER. These submittals shall be submitted in accordance with the submittal section of these specifications. 34. TEMPORARY WATER SYSTEMS - EXECUTION 1.01 The CONTRACTOR shall be solely responsible for all activities of locating and exposing curb stop valves to the individual properties. The OWNER will operate all curb stop valves. All notes of existing condition shall be identified on forms as supplied by the ENGINEER. Any existing condition that is suspected to indicate a defect of the curb stop valve, box, or service shall be reported immediately to the ENGINEER. Other than the operating curb stop valves,the OWNER will not participate in any activity up to this point. If the notices are not issued or the service is not ready to be connected to restore service, the City shall be free to exercise its authority in not closing down the existing valves and water main system. 1.02 The water piping of temporary hoses, piping, etc. shall be a 160-psi rating,NSF approved hose, flexible polyethylene pipe, or PVC pipe. All pipe used for the temporary water system must have a visible NSF approval stamp by the manufacturer. A short section of high pressure flexible rubber hose may be used for the connection to each residence. The temporary system must be leak proof and designed to maintain a minimum working pressure of 35 psi at all points in the distribution system including service lines.. 1.03 The distribution pipe shall have a manual shut-off valve at each service tee. Additionally, each service must have backflow prevention fitting. There shall be a double check/backflow prevention fitting at the primary connection to the water supply source, which shall be supplied by the contractor along with a testing certificate showing that it has been recently tested. Double check backflow preventer shall be Watts Series 009 or Series 909 or approved equal. Each backflow preventer shall be properly supported to protect the assembly and the attached piping from breakage. Each double check backflow preventer assembly shall be tested to verify its integrity by a 13 SPECIAL PROVISIONS certified backflow prevention technician prior to use for the first time. Each backflow preventer shall be tagged with an identification number and subject to additional testing at the discretion of the ENGINEER. All costs for testing shall be the responsibility of the CONTRACTOR. 1.04 Each house connection shall be equipped with a wye or splitter with a valve to allow for lawn watering. Plastic fittings are not permitted. The connection to each customer shall require a short section of high-pressure flexible rubber hose at the connection point. Douse-to-house connections are not permitted. All connections shall be from the approved temporary water system. 1.05 All pipe sizes shall be adequate to meet ordinary water supply demands of the consumers. 1.06 Contractor shall ensure that the water pressure at each temporary water service does not exceed 60 psi. This shall be accomplished by any combination of the following methods: a. Adjusting the pressure regulating valve at the hydrant connection. b. Limiting the size of the temporary water system. C. Installing additional connection points to the city's water distribution system d. Installing pressure regulating valves on individual services 1.07 Contractor shall take extra care when opening and closing valves on the temporary water system to avoid water hammer in the system. 1.08 All temporary water systems shall be disinfected and approved by the City of Bozeman before being placed into service. The disinfection procedures shall be equal to the procedures required for the new water main. This will require minimum 48-hours laboratory time Bac-T sample to determine acceptability. Temporary hoses,piping, fittings, etc., to be flushed and disinfected in accordance with the State of Montana Department of Health and Environmental Services, Water Quality Bureau standards, and the standards of this specification prior to being put into service. 1.09 Once the temporary water system has been assembled,pressure tested and disinfected, the City of Bozeman Water Department staff will review the test results and inspect the final connection to the building. The City of Bozeman Water Department staff will not participate in the assembly of the temporary water system. The CONTRACTOR shall conduct all other work on the services as stated in Item 1.01. 1.10 Pipe protection measures must be supplied at road crossings, alleyways, or residential driveways. 14 SPECIAL PROVISIONS For crossings of arterial or collector streets, the CONTRACTOR will be required to install the temporary water in a shallow trench. Aerial crossings of the temporary water lines at street crossings will not be allowed. Temporary water supply pipes shall not be installed in storm drain pipes. For crossings of local streets, alleyways, or driveways, traffic-rated hose ramps shall be used to protect the line from damage. Mounding millings or cold mix over a temporary water pipe will be allowed under the following conditions: 1. The maximum height shall be 2-1/2 inches. 2. A bond breaker shall be laid on top of the existing asphalt before the millings or cold mix are laid down. The millings or cold mix shall be tapered a minimum of 3 feet on either side of the temporary water pipe. 3. Provisions are made to avoid impact loads on the temporary water pipe. 4. Signs are erected indicating a bump ahead at 500 feet and 100 feet from the bump and at the bump in both directions. The asphalt crossings shall be cut straight and vertical shall have uniform width and shall be cut perpendicular to the centerline of the street. Restoration shall match the appropriate surface restoration detail and shall have an adequate width to allow compaction with a small mechanical compactor. There will be no payment for any street cuts or asphalt restoration under this item,this being incidental to the work. Temporary water lines that cross pedestrian pathways shall have ramps that meet ADA requirements to allow for safe pedestrian crossings of the lines. 1.11 After services are connected or reconnected following installation,testing, and acceptance of the new main,the water service piping shall be backflushed from the residence to the trench. The inability to backflush shall not relieve the CONTRACTOR from any requirements of the Contract Documents. 1.12 The CONTRACTOR should expect to find the existing plumbing on some services to be in old condition. The CONTRACTOR shall use an ordinary degree of care while working on this condition of service.Also,there may not be any convenient point of temporary connection on some services. In this case, temporary fittings must be provided to achieve the temporary water supply. This will be incidental to the work. 1.13. The contractor shall provide a local representative who is available 24 hours a day and 7 days a week to maintain the temporary water system and to respond to correct any problems with the system. The phone number of this representative shall be provided to the owner at the preconstruction meeting. 35. ENGINEERING MATERIALS TESTING AND CONTROL TESTING A. The Contractor shall be responsible for testing including, but not necessarily limited to: 15 SPECIAL PROVISIONS 1. Dates of acceptable tests for water mains, which shall include hydrostatic and leakage testing and bacteriological testing. These tests shall be conducted by the Contractor in the presence of the City. The written test results shall be provided to the City prior to acceptance of the water main. 2. Elevations shall also be recorded and provided for the top of water main at 50'intervals. The Contractor shall cooperate with the City to document these elevations, including providing the equipment necessary to shoot the elevations. The City will have a .representative on-site to record the data as the pipe is being installed. The Contractor shall provide safe access to the City for these inspections and cooperate with the City to ensure that adequate documentation is obtained. 3. Verification that all thrust blocking is installed in accordance with the approved plans and specifications. The Contractor shall provide safe access to the City for these inspections and cooperate with the City to ensure adequate documentation is obtained. 4. Portland Cement concrete and asphaltic concrete pavement mix deigns. 5. Installed storm drainage pipe shall be subject to testing as described under section 02720- 3.5.A of the Montana Public Works Standard Specifications. This section describes visually light testing the pipe for alignment and grade. B. Neither tests made by the Owner or the Owner's Testing Company will relieve the Contractor from his obligation to perform the work in accordance with the Technical Specifications. C. Materials, compaction, densities, or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors' expense. Acceptance/Correction of Deficient Pavement Improvements Acceptance tests shall be evaluated by the Engineer for conformance with the specifications. The Engineer shall determine what corrective action is necessary in order for the improvements to be accepted by OWNER. Corrective action may include total removal and replacement of the deficient material, partial removal and replacement, placing additional material, or in lieu of corrective action,payment of a penalty to the OWNER in certain instances. A. Portland Cement Concrete If an individual strength test(average of two cylinders tested at 28 days) falls below the specified strength by more than 500 psi, the in-place material represented by the failed test shall immediately be randomly cored for acceptance testing. A minimum of three and maximum of six cores shall be taken. If the average strength tests of the acceptance 16 SPECIAL PROVISIONS cores are deficient in strength by more than 500 psi but not more than 1000 psi,the Contractor shall remove and replace the deficient concrete or pay the City of Bozeman 0.25 times the unit price bid times the area determined to be deficient in strength; if the average strength tests are deficient by more than 1000 psi,the area of the concrete determined to be deficient shall be removed and replaced. B. Asphaltic Concrete Pavement The asphaltic concrete pavement shall be tested and evaluated for acceptance on a lot basis, with one lot being 1000 tons of material. 1. Thickness. If the average thickness of the pavement cores is more than 1/4" below the plan thickness, or if any one individual core is more than 1/2"below the plan thickness, corrective action or payment of a penalty will be required. a. Average Thickness Deficiencies. If the average thickness deficiency is between 1/4" and 1/2", corrective action such as placement of additional material (i.e. overlay or chip seal), as determined by the Engineer, will be required. In lieu of placing additional material, the Engineer may allow the payment of a penalty to the City of Bozeman in the amount of 0.25 times the unit price bid of the asphalt pavement times the amount of pavement determined to be deficient. If the average thickness deficiency is more than 1/2", an overlay will be required, along with cold milling of the existing pavement to provide for a minimum overlay thickness of 1.5". b. Individual Core Thickness Deficiency. If any one core thickness is determined to be more than 1/2"below plan thickness, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction, a core is found which is not deficient by more than 1/4", in order to determine the extent of the deficient pavement. If the thickness deficiency is more than 3/4", the area that is deficient shall be removed from pavement edge to pavement edge and replaced to bring the non-complying areas to planned thickness. If the thickness deficiency is not more than 3/4",the deficient area will either be removed and replaced to the planned thickness, or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in thickness. 2.Density. The average density of the pavement cores shall equal or exceed 93%of the maximum density as determined by ASTM D2041 (Rice's density). If the average density is less than 93% but more than 90.9%, the pavement that has deficient compaction shall be milled and overlaid(1.5"minimum depth),or a penalty in the amount of 0.10 times the unit price bid for the pavement material times the amount of pavement that has deficient compaction shall be paid to the City of Bozeman. If the average density is 90.9%or less,the pavement area affected will be 17 SPECIAL PROVISIONS removed and replaced or overlaid as determined by the Engineer. If any one core is determined to have a density of less than 86%, additional cores shall be taken at 10 foot intervals parallel to the centerline in each direction from the affected location until, in each direction,a core is found which has a density of at least 91%. The area that is determined to have deficient compaction shall be removed from pavement edge to pavement edge and replaced,or a penalty will be paid to the City of Bozeman in the amount of 1.5 times the unit price bid times the amount of pavement that is deficient in density. 36. FLOWABLE (NONSHRINK) BACKFILL All flowable (nonshrink) backfill shall meet the following MDOT specifications: E. Flowable Fill. Flowable fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Flowable fill contains a low cementitious content for reduced strength development. Submit a mix design for approval. No compressive strength testing is required for the mix design. Table 551-1 has the suggested mix guides for excavatable and non-excavatable flowable fill. TABLE 551-1 FLOWABLE FILL MIX DESIGN GUIDE MATERIALS EXCAVATABLE NON-EXCAVATBLE Cement, Type I or II 75.6-102.61b1yd3 75.6-151.21b/yd3 45-60 kg/m3) (45-90 kg/m3) Fly Ash None 1 1.2- � 2 5_ _ 596., .b/yd (90-355 kg/m3) Water Mix designs must produce a Mix designs must produce a consistency that results in a consistency that results in a flowable, self-leveling product flowable, self-leveling product at time of replacement. at time of replacement. Air 5%to 35% 5%to 15% Unit Weight(Wet) 2,430-2,9701b/yd3 2,700-3,375 lb/yd3 (1,440-1,760 k /m3) (1,600-2,000 kg/m3) Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no fineness modulus requirement. High air generators or foaming agents may be used in lieu of conventional air entraining admixtures and may be added at the jobsite and mixed in accordance with the manufacturers recommendation. The requirements for percent air, compressive strength and unit weight are for laboratory designs only and are not intended for jobsite acceptance requirements. Proportion fine aggregate to yield 1 cubic yard(1 cubic meter). 37. USE OF REMOVED ASHPALT PAVEMENT 18 SPECIAL PROVISIONS Asphalt concrete pavement removed during trenching operations may be used as backfill material in areas with Type A backfill if mechanically processed to 4"minus size with a cold planer, rotomill, or similar equipment and mixed at no more than a 50150 ratio with other backfill material. Asphalt concrete pavement removed during trenching operations may be used as pavement base course material if mechanically processed with a cold planer, rotomill, or similar equipment to meet the gradation requirements of the base course and mixed at no more than a 50150 ratio with other base course material. 38. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS Prior to initiation of any excavation or removal of existing curb,the Contractor shall cut all tree roots at the back limits of excavation with a Vermeer root cutter or other similar machine capable of cutting the roots in a neat clean,fashion from existing ground to subgrade elevation. Indiscriminate ripping of tree roots will not be permitted. The method and equipment to be used shall be submitted to the Engineer for approval prior to the start of work. In addition,the Contractor shall take special care when working around trees to avoid any unnecessary damage to the branches or the trunks of trees. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 39. USCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS One City Of Bozeman Water/Sewer Operations Dept service worker will be available 7:15 AM till 5:15 PM Monday-Friday with the exception of City recognized holidays for the water and sewer main replacement portion of the work. Work scheduled outside these times with less than 24 hours notice will be billed at 1.5 times the service worker's base pay rate of$ 28.00 per hour. Call outs (emergency response with no notice) will be billed 2 hours double time the base rate. Each succeeding hour thereafter 1.5 times the base rate. The CONTRACTOR is required to respond to affected property owners within the project and resolve complaints/issues that are raised. If the City is contacted due to non-responsiveness on the part of CONTRACTOR,the City will resolve the issue and charge the CONTRACTOR for its time at the rates provided for in this section. 40. DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation,or other natural phenomena. Time extensions will not be granted for rain,wind,flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such 19 SPECIAL PROVISIONS events will not constitute justification for an extension of time unless agreed upon by both the Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time. For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 41. POLYETHYLENE ENCASEMENT Unless otherwise directed by the ENGINEER,polyethylene encasement will not be required on this project except between fittings and concrete thrust blocks where shown on the plans. 42. CONSTRUCTION TRAFFIC ROUTES To the greatest extent possible,the Contractor shall utilize the arterial and collector streets in the area for access to and from the site. This includes general construction traffic in addition to the transport of equipment and materials to and from the site. The streets in the area that meet this designation include; Main Street, South Willson Avenue, South Church Avenue, Kagy Boulevard, Babcock Street, and Rouse Avenue.. The Contractor shall receive prior approval from the Engineer in order to use any local residential streets for a short term construction traffic route. 43. CONSTRUCTION STAKING The Contractor will be responsible for all layout and construction staking utilizing the control data. The contractor will be provided with an electronic version of the plans in AutoCad format to be used to generate the required layout data for the project. Discrepancies between Drawings,Specifications, and existing conditions shall be referred to the Engineer for adjustment before work is performed. The Contractor will utilize the services of a professional land surveyor,currently licensed in the State of Montana, for the construction staking for this project. Existing Control. Existing survey control(horizontal and vertical)has been set for use in the design and construction of this project under the direction of a registered Surveyor in the State of Montana. A listing of the coordinates and vertical elevation for each of these control points is included on the plans. Control points may have been disturbed or accidentally removed or disturbed before the contractor begins the project layout. The contractor will reset control that was removed or disturbed prior to construction if deemed as needed to complete the work. The contractor will be responsible for laying out all project points with the remaining control points,and those control points reestablished by the Contractor. The Contractor will be responsible for preserving and protecting the survey control until proper referencing by the Contractor has been completed. Any survey control obliterated,removed, or otherwise lost during construction will be replaced at the contractors expense. 20 SPECIAL PROVISIONS Construction Staking. The Contractor shall be responsible for the location and elevation of all of the construction included in the contract documents. The construction plans show base lines, control points, and bench marks established by the Engineer for control of the work. From these control points the Contractor shall layout the work by establishing all lines and grades at the site necessary to construct the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the Contract Drawings. Contractor's construction staking shall at a minimum include: 1. Street reference/grade stakes at minimum interval of 100 feet. 2. Water main reference/grade stakes at 50-foot intervals, all fittings,bore casing pipe,and all appurtenances. 3. Storm drain reference/grade stakes at 50-foot intervals and at manholes. Offset stakes for manholes and inlets. 4. Curb and gutter alignment/grade stakes at 20-foot intervals and all PC,PRC and PT points on curb returns and curb bulbs. 5. Blue tops on 40 foot intervals on shoulders and centerline of each half of the street for subgrade, base course, and pavement courses as required. 6. Sewer Main reference/grade stakes at 50-foot intervals and manholes with invert and rim elevations. All Pedestrian Ramps,sidewalk replacement areas,signs,and pavement markings will be laid out in the field by the Engineer. Prior to commencing the work, the Contractor shall carefully check all drawings that in any way effect the location or elevation of the work to be executed by him, and should and discrepancy be found, he shall immediately report the same to the Engineer for verification and adjustment. Any duplication of work made necessary by failure or neglect on the part of the Contractor to comply with this requirement shall be done at his sole expense. Tie-in Elevation Verification: The first time surveying is being completed on the project, all locations where the proposed curb will tie into existing curb shall be staked. Any deviation in horizontal alignment,as well as the elevation of the top back of curb and edge of asphalt at the tie in location and 10 feet back into the side street shall be recorded and provided the Engineer. The Engineer will make any adjustments necessary and provide the information to the Contractor for incorporation into the work. 44. SEWER IMPROVEMENTS Sanitary Sewer Service Replacement: Any services that are found to be Orangeburg or are in poor condition shall be replaced to the property line. The engineer will make the final determination as to whether a service needs to be replaced. Temporary Sewer: Contractor shall maintain sanitary sewer service to all users throughout construction. Sanitary sewer mains shall be re-routed around work areas by means of temporary bypass pumping as required, to maintain flow and avoid soil contamination. The following 21 SPECIAL PROVISIONS criteria must be met prior to replacement of the sanitary sewer main: 1. Contractor shall submit a plan to the engineer for approval prior to beginning work. 2. Contractor shall make service reconnections in a timely manner, and may utilize new sewer piping immediately upon installation. 3. Bypass pumping equipment must be maintained throughout construction. The contractor shall designate an employee that is available 24-hours per day to address any issues with temporary bypass pumping. 4. Sewage may not pool in any manhole more than 12-inches above the top of the outlet pipe. Contractor shall verify that bypass pumping operations will not cause sewage backups or damage to property upstream of any bypass manholes prior to beginning bypass pumping. 5. Contractor is not permitted to run generators outside of normal working hours (7am— 7pm Monday through Friday). If a generator is used to power bypass pumping operations, contractor shall stop bypass pumping at the end of each working day and connect to the existing sewer to restore gravity flow. 6. Sanitary sewer flow monitoring has been completed for portions of the project to help the contractor with estimating and sizing bypass pumping requirements. Measured flows are as follows: a. Sewer flow on S. Bozeman Ave. —measured @ Bozeman &Main from November 17, 2016 through January 9, 2017. i. Average flow= 81 GPM ii. Peak flow during rain event= 165 GPM b. Sewer flow on S. Church Ave. —Measured @ Church& Olive from February 17, 2017 through February 28, 2017 i. Average flow= 67 GPM ii. Peak flow=99 GPM (no measurable precipitation) c. Sewer flow on the trunk sewer main between Church and Rouse—measured @ a manhole at the south end of Bogert Park from February 9, 2017 through February 14, 2017. i. Average flow= 139 GPM ii. Peak flow=215 GPM (no measurable precipitation although there was some snow melt) d. Details of the measured sewer flows are available for viewing on request by contacting the City of Bozeman Engineering Department. Sanitary Sewer Service Repair Couplings: Couplings to repair existing sanitary sewer services damaged during construction shall be Fernco Strong Back RC Couplings or approved equal, meeting the following specifications" A. Gasket Requirements: CSA B602—mechanical couplings for drain, waste,vent pipe and sewer pipe ASTM D 5926— Standard Specification for Poly Vinyl Chloride (PVC) Gaskets for 22 SPECIAL PROVISIONS Drain, Waste, and Vent(DWV), Sewer, Sanitary, and Strom Plumbing Systems ASTM C 1173 — Standard Specification for Flexible Transition Couplings for Underground B. Clamp Requirements: CSA B602 Clamp Housing—,301 Stainless Steel Clamp Band- 301 Stainless Steel Clamp Screw- 305 Stainless Steel C. Shear Ring Requirements" .012" Thick, 300 Series Stainless Steel Width manufactured according to coupling width(1.5", 2.13", or 4") D. Coupling Requirements: Manufactured to conform to the performance requirements of ASTM C 1173 standard specification for flexible couplings for underground piping systems CSA B602— mechanical couplings for drain, waste,vent pipe and sewer pipe Maximum test pressure: 4.3 PSI (29.6 KPA) Maximum operating temperature: 104' F nonconsistent 45. SIGNS Reflective sheeting for signs shall be Type IV ("High Intensity Prismatic") or better. Florescent yellow green backgrounds shall be used for any pedestrian or school crossing signs.No separate measurement and payment shall be made for signs proposed to be re-used,re-set, or removed;the cost of such work shall be included in other bid items. Signs damaged during re-mounting or re- setting shall be repaired or replaced by the Contractor. Salvage sign faces removed to the Sign Department, 814 N. Bozeman Avenue. Properly dispose of any sign supports and foundation material that are removed. 46. EARTHWORK QUANTITIES Bid quantity for unclassified excavation was determined using AutoCAD composite volume surface method. The method computes a volume by sampling between a subgrade surface and existing ground surface along the alignment of roadway. The existing ground surface is defined as the field-surveyed topographic base of the construction area. The subgrade surface is defined by offsetting the finish grade asphalt elevation vertically downward a distance of 1.75'. The limits of excavation are defined as 9" beyond the top back of proposed curb on both sides of the roadway. Structural road base quantities were estimated using the area 9-inches behind top back of curb 23 SPECIAL PROVISIONS over the limits of construction, multiplied by 1.0 feet for sub-base material and multiplied by 0.5 feet for base course material to get a volume of structural material needed for the road section. No allowances were made for over-excavation, additional structural fill or any other overages related to construction of the road. The contractor shall be compensated for additional excavation and/or structural fill only if over-excavation is specifically directed by the on-site engineer. 47. GEOTEXTILE SEPARATION FABRIC The Geotextile Fabric shall be Miraf 600x or approved equal. 48. ASBESTOS CEMENT PIPE The Contractor is advised that asbestos cement (AC) pipe will be present in the project site. The project requires the Contractor to disturb the AC pipe in various places and ways which may result in the release of airborne asbestos fibers. Asbestos-containing materials(ACM)and the disturbance of such materials are subject to a variety of federal,state,and/or local regulations. It is the Contractor's responsibility to ensure these regulations and other applicable requirements are understood and complied with during the completion of this project. AC pipe known to contain asbestos containing materials is located in the existing trunk sewer main system, including main stubs and potentially services, in the alleyways between South Church and South Rouse Avenue. The new sewer main will be installed in the general same alignment has the AC pipe as such the AC pipe will need to be removed as well as two manholes with AC pipe attached. The Contractor shall,comply with all applicable state and federal regulations and also comply with the following items: A. Comply with the requirements of the Asbestos Control Program of the Montana Department Environmental Quality. Employ an accredited asbestos contractor. B. Prepare a written plan for the proper management and disposal of the AC pipe and the protection of the worker health and safety, as may be required. As a minimum, the plan shall describe those engineering controls and practices the Contractor will employ to minimize and control release of asbestos fibers and subsequent exposure to site personnel. Those activities which will result in asbestos fiber release, such as sawing, cutting, sanding, and/or abrading the AC pipe, are discouraged. C. The Contractor shall insure that properly trained personnel are available on the project site during the portion of the project that asbestos containing materials are or are anticipated to be encountered. These trained personnel shall include at least one person with that authority necessary to implement the specifics of the plan to insure adequate protection of the environment and worker health and safety, meeting the OSHA defined qualifications of a"Competent Person". 24 SPECIAL PROVISIONS D. The plans shall be submitted to the Engineer and Owner for review two weeks prior to the Contractor working in an area with asbestos containing material. 49. PROJECT PHASING The Contractor shall complete the project in two phases. The first phase shall include all improvements to South Church Avenue from East Babcock Street to East Olive Street within the South Church right-of-way and the second phase shall include all improvements within the East Olive Street right-of-way. The Contractor shall complete phase one prior to beginning phase two. Completion of phase one shall include: sanitary sewer and storm drain improvements, removal of the existing road section, placement and compaction of the new road section, curb & gutter, concrete flat work, and hot mix asphalt placement on South Church Avenue. South Church Avenue shall be restored to a condition that allows for normal traffic flow prior to closing any other portion of the project on East Olive Street for construction work under this contract. The water main improvements at the intersection of South Church and East Olive Street may be completed in either phase; however, the contractor shall schedule this connection so as to allow for minimal disruption to traffic flow on South Church Avenue. Storm drain and sewer improvements on South Bozeman and South Black Avenue may be completed in either phase as well as the trunk sewer main replacement through the alley between South Church and South Rouse Avenue; however, South Rouse and South Church Avenue shall not be closed to traffic at the same time. 50. WINTER SHUTDOWN A winter shutdown will become necessary if the project is not completed within the current calendar year. In this event, the Owner will issue a written Order to Contractor to Suspend Work. During a winter suspension the Contractor is responsible for maintaining the roadway to provide the traveling public with a safe and smooth riding surface including all traffic control, maintenance, and snow removal, for all roadways not completed through the final lift of plant mix surfacing. The Contractor shall furnish all necessary supervision, personnel, and equipment to maintain the road in a safe condition and at the highest level of service to traffic. All damage to the roadway shall be repaired immediately by the Contractor and at no additional cost to the city. Maintenance includes, but is not limited to the following: 1. Repairing potholes or other surface irregularities; 2. Reshaping the subgrade, side slopes, boulevards, and aggregate courses, as necessary; 3. Cleaning debris from drainage courses, culverts, and inlets; 4. Removing rocks or earth from the roadway and boulevard sections; 5. Removing debris resulting from construction activities; 6. Providing access to residences, businesses, and roads and keeping the present accesses open; 7. Repairing or replacing minor damaged parts of the work 8. Repairing or replacing extensive damage, not by Contractor negligence The City Engineer will immediately notify the Contractor if he fails to maintain the project 25 SPECIAL PROVISIONS during a winter shutdown. Failure to remedy unsatisfactory maintenance within 24 hours after receipt of the notice will cause the City to take over project maintenance. The cost of the maintenance will be deducted from monies due or to become due the Contractor, or otherwise be billed to the Contractor. 51. LIMITS OF CONSTRUCTION The limits of construction are defined in the contract drawings, sheet"G2." 52. SUBSTANTIAL COMPLETION The project shall be considered substantially complete when the following has been completed and accepted by the engineer: 1. Water main installation, including: all appurtenances, valves, fittings, connections, and testing. 2. Sewer main installation, including: all pipe, manholes, connections, and testing. 3. Storm drain installation, including: all pipe, manholes connections, and testing. 4. All Concrete curb and gutter, sidewalk, and drive accesses as described in the contract drawings. 5. All hot mix asphalt placement as described in the contract drawings 6. Signage and striping installed as described in the contract drawings. 26 SPECIAL PROVISIONS AGENCY USE ONLY PERMIT NO.: Date Rec'd.: Amount Rec'd.: Check No.: Rec'd By: DE Montana Department of Environmental Quality WATER PROTECTION BUREAU FORM Storm Water Pollution Prevention Plan (SWPPP) Form SW2018 PPP Storm Water Discharge Associated With Construction Activity MTR100000 READ THIS BEFORE COMPLETING FORM: The Form SWPPP is intended to assist operators in developing a SWPPP which complies with Part 3 of the General Permit for Storm Water Discharges Associated with Construction Activity(General Permit). It is the permittee's responsibility to ensure all required items in the General Permit are adequately addressed and that the SWPPP is developed, implemented, and maintained. Additional information may be needed to supplement the Form SWPPP. For additional information, please call: 406 444-3080 or visit: http://deq.mt.gov/wginfo/mpdes/stormwaterconstrugion mcpx Section A- SWPPP Status: (Check one) ® New No prior SWPPP submitted for this site. ❑ Modification Permit Number: MTR10____ (Please specify these four numbers) Section B -Facility or Site Information: Site Name Olive Street Reconstruction Site Location E. Olive Street,between Black and Church and a portion of Church north of Olive Nearest City or Town Bozeman County Gallatin Section C -Applicant(Owner/Operator) Information: Owner or Operator Name City of Bozeman Mailing Address PO Box 1230 City, State, and Zip Code Bozeman,MT 59771 Phone Number 406-582-2917 Section D SWPPP Preparer and SWPPP Administrator SWPPP Preparer: Name or Position Title Stormwater Program Technician Mailing Address PO Box 1230 City, State, and Zip Code Bozeman, Phone Number 406-582-2917 Email fgreenhffl@bozemari.net Training Course Montana Contractors Assn.SWPPP Admin.Training Date Completed 1/20/2017 Concept Draft December 2016 Form SWPPP Page 1 of 10 SWPPP Administrator: ®Same as above Name or Position Title Mailing Address City, State, and Zip Code Phone Number Email Training Course Date Completed For additional SWPPP Administrators,please complete and submit Attachment A—Delegation of Authority Section E—Site Description (Part 3.3) 1. Describe the nature of the construction activity and what is being constructed. Please see Additional Information Sheet. 2. Describe all support activities and associated storm water discharges dedicated to the construction activity including but not limited to: material borrow areas, material fill areas, concrete or asphalt batch plants, equipment staging areas, access roads/corridors,material storage areas, and material crushing/recycling/processing areas. Please see Additional Information Sheet 3. Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo construction-related disturbance (including all construction-related support activities). Total Site Area(acres): 1.93 Area of Construction-Related Disturbance (acres): 1.93 4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including cut/fill material to be used. Please see Additional Information Sheet 5.Provide a brief description of the existing vegetation at the site and an estimate of the percent density of vegetative ground cover. 25%of the project area consists of grass boulevards.58%of the project is currently asphalt pavement.17%of the project area is concrete curb,gutter,and sidewalk. Specify Percent Density of Existing Vegetation: 90-95%denisty in boulevards Concept Draft December 2016 Form SWPPP Page 2 of 10 6. For a storm water discharge associated with construction activity with construction-related disturbance of five acres or more of total land area(based on the acreage provided in item E.3 above): a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and describe what supporting information this determination is based upon: Runoff coefficient before construction: Runoff coefficient after construction: Supporting Information Source: b.Provide an estimate of the increase in impervious area after the construction activity is completed: 0% Percent. 6. In the Outfall table below, identify the name(s) of the first state surface water(s)that receives storm water from the construction project. Provide a description of the size,type, location of each outfall, and whether the discharge is to a storm sewer system. To identify the state receiving water, locate the first drainage(s)the construction project discharges too. Size(acres)of Outfall Receiving Surface Water Drainage Area Type of Latitude and Longitude of Discharge to Number Associated with Discharge Outfall Municipal Storm Each Outfall Sewer System 001 Bozeman Creek:Lindley 1.72 Direct 45.677320,-111.032038 Yes 002 Bozeman Creek:S.Black 7.45 Direct 45.683043,-111.031961 Yes 003 Bozeman Creek:S.Bozeman 4.27 Direct 45.683043,-111.031961 Yes 004 Bozeman Creek:S.Church 4 13 Direct 45.683043,-111.031961 Yes 005 Choose an item. Choose an item. 006 Choose an item. Choose an item. 007 Choose an item. Choose an item. 008 Choose an item. Choose an item. 009 Choose an item. Choose an item. 010 Choose an item. Choose an item. Concept Draft December 2016 Form SWPPP Page 3 of 10 Section G—Identification and Summary of Potential Pollutant Sources (Part 3.4) Select the pollutants expected to be present on the construction project: Soils Activities HIAreas of Shallow Grade OConcrete Truck Washout ❑Areas of Steep Grade EMasonry-Stone/Brick/Concrete ❑Slopes ❑Spray/Wand Applications EDitch El Finish Work—Dry wall/Painting 7Stockpiles El Equipment Washing HIContaminated Soils ❑Washing of Buildings ®Import and Export Operations ®Maintenance of Equipment ®Entrance/Exit Locations KRefueling Operations El Other Explain ©Application of herbicides,pesticides, fertilizers ❑Application of solvents or detergents Materials ®Construction Dewatering ®Loading and Unloading Operations El Other Explain ®Storage of building materials ®Storage of chemicals ®Portable Toilets ❑Concrete Batch Plant ❑Asphalt Batch Plant E Worker Trash x❑Demolition Materials/Debris ❑ Other Explain Additional Pollutants List any additional pollutants likely to be present at the construction project. Non-Storm Water Discharges Select the types of allowable non-storm water discharges likely to be present at the construction project. Type of Allowable Non-Storm Water Discharge Present at Construction Project Irrigation Drainage NO Landscape Watering NO Pavement Wash Waters NO Routine Building Wash Down NO Uncontaminated spring spn*ng or ground water YES Water used for dust control YES Emergency fire-fighting activities NO Foundation or footing drains NO Incidental windblown mist from cooling towers NO Uncontaminated condensate from air conditioners, coolers, or other compressors NO Other Explain Concept Draft December 2016 Form SWPPP Page 4 of 10 Section H—Selection of Best Management Practices (BMPs) (Part 3.5) Select the BMPs to be used during the construction project. All selected BMPs are required to have a specification provided in the SWPPP. The specifications do not have to be submitted to DEQ. The specifications are required to be maintained by the SWPPP Administrator(s) and provided to DEQ, EPA, or other local permitting authority upon request. Erosion Control BMPs Sediment Control BMPs Administrative Controls ❑Surface Roughening El Silt Fence ©Concrete and Liquid Waste Washouts ❑Diversion Ditches [:]Straw Wattles ®Worker Toilets ❑Velocity Checks/Check Dams ❑Rock Wattles/Rock Socks ®Construction Fencing ❑Preservation of Existing ❑Curb Socks El Dust Control Vegetation ❑Straw Bales ❑Secondary Containment []Minimizing Ground Disturbance [--]Earthen Berms ®Dumpsters/Waste Receptacles ❑Mulch—Straw/Compost ❑Vegetative Buffers IN Stabilized Staging Area ❑Tackifiers/Soil Binders El Drainage Ditch/Ditch Berm x❑Material Storage and Stockpile Area ❑Temporary Seeding El Gravel Pack ❑Paving and Painting Controls Erosion Control Blankets ®Tarps,Plastic, Visqueen ®Saw Cutting and Grinding Controls El Rough Cut Street Controls/Water ❑Compost Socks ®Spill Prevention and Response Bars ❑Brush Barrier Procedures ❑Channel Liner El Sandbag Barrier ❑Traffic Control El Stream Crossing ®Inlet Protection ❑Back Charging/Penalties ❑Terracing El Vehicle Tracking Control Pad ❑Other ❑Culvert ❑Stabilized Vehicle Entrance ❑Outfall/Outlet Protection(Rip ®Stabilized Parking Area Post Construction BMPs Rap) ❑Stabilized Construction Roadway ❑Detention Pond(s) El Other ®Street Sweeping El Retention Pond(s) ❑Sediment Trap ❑Drainage Swales Run On/Runoff Control BMPs ❑Infiltration System(s) ❑Temporary Slope Drain El Sediment Basin ❑Dry Well(s) ❑Rock Run Down ®Other Propriotary dewatering filter system ®Other Mechanical separation treatment unit El Clean Water Diversion ❑Drainage Swales R Other Rock bags directing run-on into inlets protected with drop inlet BMP Additional BMPs List any additional BMPs likely to be used at the construction project. Please see Additional Information Sheet Concept Draft December 2016 Form SWPPP Page 5 of 10 Local Erosion and Sediment Controls Describe applicable local erosion and sediment control requirements. Please see Additional Information Sheet Dewatering Activities (Part 3.6) Describe dewatering activities associated with the construction project. Identify the BMPs to be used to control dewatering activities and prevent discharges to state waters. If a separate authorization is obtained under the Construction Dewatering General Permit, include the dewatering plan with the SWPPP. Please see Additional Information Sheet. Please see Additional Information Sheet Concept Draft December 2016 Form SWPPP Page 6 of 10 Section I—Major Construction Activity and BMP Phasing (Part 3.7) Identify the total number of major construction activities associated with the project: 7 Complete the table below by listing the major construction activities in the top row. List the selected BMPs to be used for the construction project in the first column. Select the box in the row and column that will represent when the BMP will be used for each major construction activity. For additional major construction activities and BMPs, complete another sheet using this page. Site Prep & Sanitary Sewer Water Service Storm Sewer Street Street Landscaping Mobilization Installation Installation Installation Demolition Construction Spill Kit 12 Concrete ❑ ® Ig1 Washout Drop Inlet Propriotary Dewatering Filter System Rock Bag Run- ❑ on Control Cover/Tarp Soil ❑ Stockpiles On-Street Parking Covered Chemical Storage Sanitary Facility Street Sweeping Please see Additional Information Sheet. Form SWPPP Page 7 of 10 Major Construction Activity Schedule List the major construction activities identified in the table above and provide an estimated timeframe for each major construction activity. For each major construction activity, identify all construction activities that will occur during the proposed major construction activity. Please see Additional Information Sheet. Section J—Final Stabilization (Part 3.8) Identify the BMPs that will be used to achieve final stabilization. Information to be included is seed mix selection and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs. Please see Additional Information Sheet. Section K—Post-Construction Storm Water Management(Part 3.9) Identify BMPs that will be used to control storm water discharges that will occur after the major construction activities are complete. Include a description of applicable local requirements. Please see Additional Information Sheet. Concept Draft December 2016 Form SWPPP Page 8 of 10 Section L—Site Map (Part 3.10) Develop and attach the required SWPPP site maps and plans with the SWPPP. The site maps or plans must clearly indicate all the required information in Part 3.9 of the General Permit. This means SWPPP site maps must be of sufficient size, scale, and legibility. Section M—Inspection and BMP Maintenance Procedures (Part 3.11) Select the inspection schedule for the construction project: Once every 7 calendar days El Once every 14 calendar days,and a post-storm event inspection within 24 hours of the end of a rainfall event of 0.25 inches or greater,and/or within 24 hours of runoff from snowmelt Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control, and other BMPs in good and effective operating condition. Identify how changes to the SWPPP will occur per Part 3.12 of the General Permit. If post construction BMPs will be used during major construction activities, include a maintenance plan that will transition the BMP from active construction to post construction. - Please see Additional Information Sheet. Section N—Water Quality Controls for Discharges to Impaired Water bodies (Part 4) Identify the BMPs that will be used to control pollutants of concern for which the receiving surface water(s) are listed as impaired. To determine if the state water the construction project will discharge too, visit http://deg.mt.gov/Water/WQPB/CWAIC. - Please see Additional Information Sheet Concept Draft December 2016 Form SWPPP Page 9 of 10 Section O—Miscellaneous Information Use this space to identify miscellaneous information that is to be included in the SWPPP. F n O - CERTIFICATION ttee Information: This SWPPP must be completed, signed, and certified as follows: • For a corporation, by a principal officer of at least the level of vice president; • For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or • For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. Alternatively,this SWPPP may be signed by a duly authorized representative of the person above. A person is a duly authorized representative only if: • The authorization is made in writing by a person described above; • The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (a duly authorized representative may thus be either a named individual or any individual occupying a named position); • The written authorization is submitted to the department. All Permittees Must Complete the Following Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5- 633, MCA] A. Name(Type or Print) B. Title(Type or Print) C. Phone No. D. Signature E. Date Signed The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form and the applicable fee to: Department of Environmental Quality Water Protection Bureau PO Box 200901 Helena, MT 59620-0901 (406) 444-3080 Concept Draft December 2016 Form SWPPP Page 10 of 10 BOZ E MAN MT Stormwater Division Olive Street Reconstruction Project - SWPPP Additional Information Prepared on January 26,2017 Introduction City and State law require the purchase, installation, implementation, and maintenance of erosion and sediment control best management practices.The City requires that all bidders review the East Olive Reconstruction project stormwater pollution prevention plan (SWPPP),this document, and SWPPP map to ensure awareness of BMPs and costs to comply with the SWPPP.The City Stormwater Division classifies this project High Priority.As such,this project is subject to increased inspection frequency and scrutiny from City stormwater inspectors. The City of Bozeman is responsible for SWPPP and Dewatering permit fees and SWPPP Administrator responsibilities.The City SWPPP Administrator will communicate required corrective actions to the City Project Manager who will relay required corrective actions to appropriate on-site personnel. Failure by the contractor to implement this SWPPP or required corrective actions will result in delayed payment, stop work orders, and/or enforcement penalties. Contact City Stormwater Division Staff with questions regarding SWPPP requirements: Frank Greenhill, 406-582-2917,freenhill@bozeman.net Section E-1 The East Olive Reconstruction Project is a seven-phase street reconstruction and underground utility replacement project, consisting of the following construction activities: 1. Site Prep and Mobilization: Contractor will install initial inlet protections, establish staging area, and mobilize equipment. 2. Utility Replacement: Contractor will excavate, remove, and upgrade existing sanitary, water, and storm sewer utilities, including mains, manholes, and service lines. Sanitary sewer replacement will occur first,followed by water infrastructure,finishing with storm sewer installation. Utility replacement phasing is separated into three sub-phases. See Additional Information Section I for project phasing description. Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMA ' MT Stormwater Division 3. Street Demolition: Contractor will remove existing asphalt, road base, curb, gutter, and sidewalk. 4. Street Reconstruction: Contractor will import and install road sub-base materials, curb,gutter, sidewalks, and asphalt. 5. Final Stabilization: Contractor will fill excavated boulevards with imported topsoil and sod. See SWPPP Sec. I for additional details. Section E-2 Per contract documents,the contractor is not allowed to include any support activities with this project. The contractor may utilize offsite material storage, soils stockpiles, and equipment staging areas upon request. If applicable,the SWPPP Administrator will update the form SWPPP to include additional areas and their associated erosion and sediment control measures.At a minimum, the contractor is required to install and maintain a 3"-6" angular rock stabilized site access (or approved equal) and silt fence perimeter protection (or approved equal). Section EA The site is currently functioning as a dense urban street corridor, including an asphalt street, concrete sidewalks,vegetated boulevards, and underground utilities. During the project, the potential for erosion is minimal because the underlying soils consist of tight clays with a low chance of loss. Further, the majority of the contractor's work will occur on top of road sub-base,which is low-to-grade, graded to with minimal slope, and possesses a high infiltration rate. The majority of work will be conducted using low-to-grade techniques and held within existing and new curb and gutter. Section H —Additional BMPs (Bid Items 103, 116, & 507) *All BIVIPs must be approved by City Stormwater Division Staff* The contractor is required to purchase and use the following BMPs: 1. Spill Kit:The contractor is required to have a spill kit on site that includes, at a minimum, (2) absorbent socks, (10) perforated absorbent pads, (1)disposal bag, (1)tie, and (1) 5-gallon bucket with lid. Contractor is required to have a spill response plan. At a minimum, contractor will use the spill kit to contain, absorb, and dispose of spilled fuels,greases, and 0 1 East Olive Street is ' O Box 1230 Bozeman, 1 Q 41. 1 O 41. b• TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Stormwater Division lubricants greater than 1-gallon or resulting in a noticeable puddle or sheen. Contractor will contain, clean, and dispose all spills and leaks immdeiately. Pigalog or Grainger are two companies that sell spill kits. 2. Roll-Off Concrete Washout:The contractor is required to use a roll-off washout. See City of Bozeman's "Best Management Practice (BMP) Manual for Construction Sites" for a detailed specification. 3. Vacuum:The contractor is required to vacuum and dispose of all concrete slurry and dust generated from the dry and wet cutting of curbs and sidewalk. 4. Rock Bag Run On Control: The contractor is required to install and maintain rock bag run-on control, consisting of mesh bags filled %full with % inch minus aggregate and positioned to divert run on into upstream inlets. Contractor is required to install run-on control rock bags at 10 locations identified on the SWPPP map. 5. Filter Fabric Inlet Protection:The contractor is required to first use filter fabric for initial inlet protection for all existing inlets (20)within the project area. Once removed and replaced,the contractor is required to install proprietary drop protection with curb-face deflector in new inlets as described below. 6. Drop Inlet Protection:The contractor is required to install proprietary drop inlet protection with curb-face deflectors for all new inlets within the project area and for all inlets installed within the project boundary. The contractor is required to install proprietary drop inlet protection with curb- face deflectors for all existing inlets on Babcock receiving runoff from the project area, 7 total. Drop inlets will be compatible with 18" x 36" storm sewer inlets. Curb-face deflector can be a part of or a separate feature from the drop inlet. ACF Environmental and Dandy Products are two companies that sell drop inlet and curb-face deflector systems meeting this standard. See map for detailed location information. 7. On-Site Stockpile Location:The contractor will cover stockpiles nightly with a secured tarp. 8. Off-Site Parking:The contractor is required to have all employees, subcontractors, and representatives park their vehicles in locations that do not result in tracking of sediment onto any public right-of-way. 9. Proprietary Dewatering Filter System:The contractor is required to treat dewatering flows to mitigate local rainfall accumulation, run-on, and TDD: 406-582-2301 THE MOST LIVABLE PLACE. - - - MT Stormwater Division groundwater upwelling from excavations using a proprietary filtering system that accepts flows up to 1000 GPM, and that allows filtration to 1 micron. Baker Corp and Rain for Rent are two companies that sell and rent filter systems capable of meeting this standard. 10.Street Sweeping: Contractor will sweep streets daily, prior to all rain/snow events, or upon request by the City's Project Manager.Approved options include propriotary sweeping machine, implement attachment, or by hand. 11.Off-Site Materials Storage/Stockpile Area: The contractor may utilize offsite material storage, soils stockpiles, and equipment staging areas upon request. If applicable,the SWPPP Administrator will update the form SWPPP to include additional areas and their associated erosion and sediment control measures. At a minimum,the contractor is required to install and maintain a 3"-6" angular rock stabilized site access (or approved equal) and silt fence perimeter protection (or approved equal). 12. Good Housekeeping: Contractor is required to provide portable sanitary toilets. Portable toilets will be located in boulevards,at a minimum 15 ft.from any inlet, and secured with stakes, or approved equal. Contractor is required to conduct daily trash clean ups.All construction generated trash and debris will be disposed of in a construction dumpster. Under no circumstances will construction generated trash or debris be disposed of in open trenches, excavations, or infrastructure. 13. Final Stabilization (Bid Items 103, 116,&507):The contractor is required to backfill disturbed boulevards and cover with a bluegrass sod. Section H — Local Erosion and Sediment Controls The contractor is required to adhere to Minimum Standards outlined in the City's Best Management Practice Manual for Construction Sites including: 1. Protect Inlets 2. Contain Disturbed Area 3. Mitigate Tracking 4. Control Concrete Waste S. Contain Material Stockpiles 6. Manage Dewatering Flows 7. Protect Post-construction Features 8. Stabilized Disturbed Areas 020 East Olive Street 10 P.O. Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Stormwater Division Section H — Dewatering Activities The City will obtain MDEQ Dewatering Permit Coverage for this project. City Engineering Staff anticipates the need for dewatering during horizontal water line boring operations under Bozeman Creek. Dewatering BMPs to be implemented include a proprietary bag filtration system and the use of the existing storm sewer and its contained inlet and manhole sumps. The contractor is required to replace filter bags within the filtration system unit as needed. Discharge turbidity monitoring will occur daily using a compliant turbidimeter. The Contractor will be required to immediately cease dewatering operations if a discharge turbidity exceeds 100NTUs. The contractor may need to dewater as a result of pooling rainfall and run on. In either event, the contractor will be required to pump water through the filtration system and into the City's storm sewer. Contractor is required to consult the project manager for dewatering discharge locations. Section I — Major Construction Activity Schedule 1. Phase 1-Site Preparation &Mobilization: Mobilize equipment to established staging areas in right of way, infrastructure protection. Estimated Timeframe =April 15 -April 30. 2. Phase 2—Utility Replacement/Sanitary Sewer Installation: Excavate, remove, and replace sanitary sewer. Estimated Timeframe= May 1-June 30. 3. Phase 3—Utility Replacement/Water Service Installation: Excavate, remove, and replace water service lines. Estimated Timeframe =June 1-July 15. 4. Phase 4- Utility Replacement/Storm Sewer Installation: Excavate, remove, and replace storm sewer mains, laterals, manholes, and inlets. Estimated Timeframe =July 15-August 31. S. Phase 5 -Street Demolition: Excavate and remove 2ft of asphalt and road base, remove curb and gutter, eliminate existing sidewalks. Estimated Timeframe= May 1- May 15 for Church St. stage of the project and July 1-August 1 for the Olive St. stage of the project. • • . Box 1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. - M T Stormwater Division 6. Phase 6-Street Reconstruction: Import 3" minus and 1" minus road base Install Curb and gutter. Install Sidewalk. Install 3" thick asphalt pavement. Estimated Timeframe: Church St. stage of the project (May 15 -June 9) Olive St. stage of the project (August 1-September 9) 7. Phase 7-Landscape Restoration: Import topsoil and install sod. Estimated Timeframe:September 1-September 15 (Both Church St. and Olive St. stages). Section J — Final Stabilization The contractor will be required to return all disturbed boulevard back to their preconstruction condition using a bluegrass sod. The street will achieve final stabilization by being resurfaced with a new sub-base and asphalt layer. Bid Item 116 &507: The work shall include providing top soil,site preparation, fertilizers, bluegrass sod, related materials, labor,tools, equipment, and incidentals necessary to complete the item. Section K— Post Construction Stormwater Management The contractor will be required to install new inlets, lateral lines, mains, and manholes. The inlets and manholes will contain 8" sumps that capture sediment. City operations will maintain infrastructure moving forward. A mechanical separation treatment unit will be installed just above the Olive St. outfall/east of Lindley PI. Section M — Inspection and BMP Maintenance Procedures The SWPPP Administrator will conduct weekly inspections. Each inspection will include. a review of receiving waters for any evidence of discharge inspection of the site perimeter and a review of all BMPs. The SWPPP Administrator will conduct all inspections, communicate BMP maintenance requirements to Project Manager and make all required revisions to the SWPPP, including narrative edits and sitemap changes. Section N —Water Quality Controls for Discharges to Impaired Water Bodies Bozeman Creek,the receiving surface water body, is impaired by excess sediment, nitrogen, and E. Coli. TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Stormwater Division Sediment has the potential to discharge from this site further impairing Bozeman Creek. To mitigate sediment discharges to Bozeman Creek erosion and sediment control BMPs will be implemented and maintained throughout the project including 1. Project Phasing, 2. Drop Inlet Protections, 3. Covering/Containing Soil Stockpiles, 4. Street Sweeping, and on-street parking. Proprietary dewatering filter system capable of handling 1000gpm's and filtering to 1 micron will be used to mitigate sediment impacts. This project has potential to contribute nutrients to Bozeman Creek during final stabilization via fertilizer application and sedimentation. BMPs to mitigate fertilizer release into Bozeman Creek consist of storing fertilizers under cover, applying fertilizer according to label, and sweeping/removing all fertilizers from impervious surfaces after application. •20 East Otive Street • Bo • TDD: 406-582-2301 THE MOST LIVABLE PLACE. City of Bozeman Construction Site Management Program r- 9"DIAMETER PAW_WATTLE 16"WOOD STAKE -- ! COMPACTED BACKFILL DISTURBED CURB&GUTTER NUN. > GROUND :�s<' `- - ° �•: . —� i1 �—_III=III_- i VIEW `- UNDISTURBED SIDE VIEW GROUND ManagementBest for Construction Sites Blank Page 2 Table of Contents Section 1-Overview Manual Introduction 5 City of Bozeman Permitting Requirements 7 Minimum Standards 9 Operational and Administrative Controls 11 Section 2- Perimeter Control Wattle 13 Silt Fence 17 Compacted Earthen Berm 21 Sediment Trap 25 Section 3 -Infrastructure Protection Inlet Protection 29 Tracking Control 31 Dewatering from Excavated Areas and Wells 35 Section 4-Pollutant Management Concrete Washout and Waste Management 39 Section 5—Stabilization Measures Stabilization Measures 45 Section 6—Single-Family Residential Single-Family Home Construction Site Protection Plan 51 Section 7—Attachments Single-Family Drainage Certification Erosion and Sediment Control Permit—Sites Less than 1 Acre 3 Notes 4 Overview Manual Introduction This manual provides Best Management Practices(BMP)designed to mitigate pollution generated from construction activities.The City of Bozeman encourages developers,engineers, and contractors to use this resource to develop and implement required stormwater permits further detailed on Page 4. Stormwater is rain and snowmelt that flows over hard surfaces and landscapes that does not infiltrate into the ground.Stormwater picks up pollutants,such as sediment,trash,animal waste,fertilizers,oils, hydrocarbons,and grease,as it moves over these surfaces.Stormwater then enters curb inlets, passes through a network of underground pipes,and dumps into local rivers without treatment.The City of Bozeman works to improve the quality of stormwater runoff to ensure local waterways stay healthy enough so residents can safely fish, recreate,and swim.One of the largest local stormwater pollution sources is uncontrolled stormwater runoff from unprotected construction sites. Stormwater runoff from unprotected construction sites carries sediment and other pollutants offsite,causing degradation of rivers and infrastructure.A one-acre construction site can lose 150—200 tons of sediment to erosion per year. It is important that construction professionals manage stormwater on their sites to navigate the City's development process, avoid enforcement penalties, and ensure Bozeman continues to be"The Most Livable Place". Image 1—Stormwater dumping into Bozeman Creek z.- n Image 2—Clogged stormwater pipe from construction 5 Notes 6 Overview City of Bozeman Permitting Requirements The City of Bozeman requires that project owners have an approved stormwater permit before initiating construction activities.Staff encourages submitters to schedule a pre-submittal meeting where minimum expectations, recommendations,and areas of concern are identified, decreasing preparation,approval,and implementation efforts. Staff review, comment on,and,when deemed adequate,approve all stormwater permits. Project owners that do not submit or submit inadequate permits will not receive a building permit until one of the following is approved: ➢ Single-family home construction: Project owners must submit a Drainage and Stormwater Self-Certification with their building permit application.There is no fee associated with this permit. ➢ Multi-family,commercial,utility,demolition,and paving projects with a total land disturbance less than one acre: Project owners must submit an Erosion and Sediment Control Construction Permit-Sites Less than 1 Acre.There is no fee associated with this permit. See the Attachments section for a detachable permit. "Presubmittal meeting with staff is highly encouraged. ➢ Multi-family,commercial, utility,demolition and paving projects with a total land disturbance greater than one acre: Project owners must submit a Montana Department of Environmental Quality(MDEQ) Notice of Intent,Stormwater Pollution Prevention Plan,and a Notice of Termination to the City of Bozeman and MDEQ.There is no City of Bozeman fee associated with this permit. See the Attachments section for a detachable permit. "Presubmittal meeting with staff is highly encouraged. Image 3—Construction-related pollution event - r i � fy Image 4—Clogged stormwater inlet from construction 7 Notes s Overview Minimum Standards The City of Bozeman requires that project owners meet the following minimum standards when preparing and enacting a stormwater permit for their site. Minimum standards exist to provide a consistent message to contractors, improve permit content, and promote cleaner sites. Project owners must: 1. Protect inlets: Inlets receiving site runoff require BMPs that filter stormwater before flowing into underground infrastructure.Approved options include drop inlet protection. 2. Contain disturbed areas: Project boundaries require BMPs that contain stormwater flowing from disturbed areas.Approved options include wattle,silt fence,and compacted earthen berm. 3. Mitigate tracking: Exit points require BMPs that prevent the tracking of debris offsite. Approved options include angular rock and a cattle guard/rock hybrid trackpads. 4. Control concrete waste: Concrete activities require BMPs that allow for the containment and disposal of pollutants generated through masonry activities to prevent environmental contamination. Common regulated activities include concrete pours, masonry tool washing, and curb cutting.Approved options include reusable/disposable products, prefabricated roll-offs or containers, lined below-ground containment,and lined above ground containment. 5. Contain material stockpiles: Material stockpiles, not already contained within an existing perimeter control, require perimeter BMPs that prevent erosion and displacement of loose material.Approved options include wattle,silt fence,compacted earthen berm, and tarps/plastic sheeting. 6. Manage dewatering flows: Pumping activities require BMPs that filter water before entering underground infrastructure or waterways.Approved options include filter treatment units, land application,or wells. Dewatering discharges to state waters are a permitted activity under the authority of the MDEQ. 7. Protect post-construction stormwater features: Post-construction stormwater features, such as retention and detention ponds, require BMPs that protect and stabilize their side slopes and bases during and after construction activities.Approved BMPs include riprap, reinforced fore-bays,check dams,crimped straw mulch, and rolled erosion control products. 8. Stabilize disturbed areas:Disturbed areas require BMPs that prevent erosion of barren ground.Approved options include surface roughening,crimped straw mulch,wood mulch, rolled erosion control products, riprap,and sod. 9 Notes 10 Overview Operational and Administrative Controls Introduction Operational and administrative control BMPs help keep construction sites clean and in compliance. The following are things to consider when preparing and implementing a stormwater permit: -" Communication—Ensure all contractors and sub- contractors are aware of their roles and responsibilities Site Barrier—Utilize site barriers to control the flow of vehicles and equipment.Several types exist, Image 5—Site Barrier including concrete blocks,construction fencing, and cones. Off-Site Parking—Utilize off-site parking to control tracking by reducing vehicle trips onto disturbed ^� areas. Spill Prevention and Response—Utilize a spill kit to A clean up leaks and spills that occur.All parties sa. should know its location and proper use. Fleet Management—Utilize preventative Image 5—Spill Kit maintenance to identify and eliminate leaks and drips of hydraulic fluid,gas,oil,etc.from . �► ��510'� ' equipment and vehicles. _ Preservation of Existing Vegetation—Utilize preservation of existing vegetation techniques to reduce the amount of erodible area on a job site. Street Sweeping—Implement a regular street ';,'��• sweeping program to remove all dirt and construction debris from streets,alleys,and parking lots. Image 7—Equipment Management Good Housekeeping—Keep a clean site by developing and adhering to a waste management u' plan that includes protocols for trash disposal, sanitary facility cleaning, and proper storage of chemicals. Image 8—Tarped stockpile 11 Notes 12 Perimeter Control Wattle Introduction Wattle slows and ponds stormwater flowing from small construction sites, including ground disturbance, pollutant storage,and material stockpile areas. Approved wattle consists of weed-free straw,flax, or coconut fiber wrapped in UV- degradable netting. Contractors must consider their site's size,soil condition,and . topography before selecting and installing wattle. Installation Requirements Install wattle: 4 . ■ before construction activities ■ per the following specification ■ perpendicular to the slope ■ trenched 2" below grade and backfilled + + v with compacted soil ■ secured with 16"wooden stakes at ► ��'• ' " �',,: Z;y,; *y' "�. alternating 45°angles every 3 and ends ''' - .^ � � ,. • �. turned upslope for 2' min. overlapped with 1' min.when joining two sections Image 9—Properly installed straw wattle. ■ placed 2' min. away from the toe of stockpiles or slopes ■ "Note:Not to be installed in areas of concentrated flow Inspection and Maintenance Inspect wattle weekly, before rain events, and after rain events to ensure it is functioning. If not, complete one of the following tasks: ■ Repair or Replace torn,flattened, pulled out,or unraveled wattle. Repair holes by re- securing the netting using wire,twine,or rope.Cut out and replace degraded sections, ensuring to overlap with existing wattle. Replace stakes that have been broken,dislodged, or removed using a mallet or hammer. ■ Maintain once sediment accumulation reaches a depth of 3". Remove collected sediment using hand tools. ■ Remove once the site reaches final stabilization. Fill, compact, and vegetate areas of ground disturbance to blend with adjacent ground and throw away waste. 13 Notes 14 9"DIAMETER'MIN.WATTLE 16"WOOD STAKE --� COMPACTED BACKFILL 2"MIN. DISTURBED CURB&GUTTER GROUND yv< UNDISTURBED IST BED SIDE VIEW GROUND 9"DIAMETER MIN.WATTLE 16"WOOD STAKE — F3"MIN. 31.MAX � II II II 4 MIN 'll JII I - NI -- —I —I FRONT VIEW UNDISTURBED GROUND —� V MIN. �— I I 9"MIN.DIAMETER 3'MAXI [J ❑ la4 I I { [J fl I— 16"WOOD STAKE TOP VEIW (WATTLE JOINT) *NOTES 1. WATTLE MUST BE TRENCHED 2"BELOW GRADE. WATTLE DATE; 03/21/2010 TM CITY OF BOMLA IN-STALL `®" DRA1fN BY:1fA'S eo z aoQs—P.O.f sm(iao 9029KSPECIFICATION PROJECT No.: °'ZM—VMMA sv (,M*) PA071�(ao61 Se!-Y#O—PAL fins)ea--an 15 Notes 16 Perimeter Control Silt Fence Introduction Silt fence slows and ponds stormwater s flowing from construction sites, including land disturbance, pollutant storage, and material stockpile areas.Approved silt fence consists of woven geotextile fabric attached to wooden stakes.Contractors s: s -• 'z _,,� �.+' must consider their site's size soil condition,and topography before selecting -x., and installing silt fence.A co-benefit of silt fence is that it functions as an operational - control limiting site access. Installation Requirements _ s Install silt fence: P ~' ■ before construction activities ■ per the following specification - 3� - • ■ perpendicular to the slope ■ positioned with stakes on the down gradient side _4<: ■ trenched 6 below grade in a J configuration and backfilled with Image 10—Properly installed siltfence compacted soil ■ trenched with 3' min.wooden stakes every 10'with ends turned upslope for 5' min. ■ placed 2' min. away from the toe of stockpiles ■ overlapped with 1' min.when joining two sections ■ **Note:Not to be installed in areas of concentrated flow Inspection and Maintenance Inspect silt fence weekly, before rain events, and after rain events to ensure it is functioning. If not,complete one of the following tasks: ■ Repair or Replace ripped,torn, detached,or flattened silt fence. Repair by using a patch or duct tape to cover small holes and a staple gun to re-secure fabric to the stakes.Cut out and replace severely degraded sections, ensuring to overlap with existing silt fence. Replace stakes that have been broken,dislodged,or removed using a mallet or hammer ■ Maintain once sediment accumulation reaches a depth of 1/3 of its height. Remove collected sediment using hand tools. ■ Remove once the site reaches final stabilization. Fill, compact, and vegetate areas of ground disturbance to blend with adjacent ground and throw away waste. 17 Notes 18 3'WOOD STAKE SILT FENCE GEOTEXTILE COMPACTED BACKFILL ..MIN TRENCH DISTRUBED CURB&GUTTER GROUND 4"MIN, -- UNDISTURBED SIDE VIEW GROUND T WOOD STAKE —� SILT FENCE GEOTEXTILE 10'MAX.SPACING �' FRONT VIEW UNDISTURBED GROUND POSTS SHALL OVERLAP AT JOINTS SO THAT NO GAPS EXIST IN SILT FENCE \tJOIN FIRST ROTATE , SECOND r THICKNESS OF GEOTEXTILE HASH POST SHALL BE JOINED AS BEEN EXAGGERATED, SHOWN,THEN ROTATED 180` IN DIRECTION SHOWN AND DRIVEN INTO GROUND TOP VEI Y W (SILT FENCE JOINT) 'NOTES 1. SILT FENCE MUST BE TRENCHED a"8=LOW GRADE, DATE: 03/21/2016 THE CITY OF BOZEMAN SILT FENCE INSTALL .a im 1'DR'" ' " =o ILo�_- ,� 1230 SPECIFICATION eon.,�mu aml-am PROJECT No.: Pe6N k(466)5es-2m--m-(466)sex-M3 19 Notes 20 Perimeter Control Compacted Earthen Berm Introduction Compacted earthen berms slow, pond, and divert stormwater flowing from construction sites, including ground disturbance, pollutant storage, and material stockpile areas.Approved compacted earthen berms consist of soil or stone. Contractors must consider their site's size, soil condition,and topography before selecting,sizing,and installing compacted earthen berms. Often,contractors use compacted earthen berms to divert stormwater to a sediment trap. Installation Requirements Install compacted earthen berms: ■ before construction activities ■ per the following specification ■ installed with a height of 2' min.and width of 3' min. and ends turned upslope for 5' min. ■ stabilized with crimped mulch or surface roughening Inspection and Maintenance Inspect compacted earthen berms weekly, before rain events,and after rain events to ensure they are functioning. If not,complete one of the following tasks: ■ Repair washed out,eroded, and flattened compacted earthen berms. Repair with a piece of equipment or hand tool capable of excavating, contouring,and compacting back to its original design. ■ Maintain once sediment accumulation reaches 1/3 of its height. Use equipment or hand tools to remove. ■ Remove once the site reaches final stabilization. Fill, compact,and vegetate areas of ground disturbance to blend with adjacent ground. Image 11—Installed compacted earthen berm Image 12—Conveyance ditch and compacted earthen berm 21 Notes 22 EARTHEN BERM MULCH AND TEMPORARY EXCAVATED DITCH -�—'� I I I I I I I I I SEEDING PROJECT AREA II I I I I FL0°uU PvAYTRAVEL THQUGH DITCH tF SEDIMENT TRAP IS LN'STALLED \\ COMPACTED SOIL OR WASHED STONE UNDISTURBED GROUND ----------------- --- ---- CONCEPT°UALVIEVV TOP VIEW NOTES:1)MATERIAL IN BERM MUST BE FIRMLY COMPACTED - EARTHEN BERM 2)TURPS BERM UPSLOPE AT EACH END 7l 3)SIZE MUST MEET MINIMUM SIZING STANDARDS SEDIPAENT TRAP 4)SIZE MUST BE INCREASED DEPENDENT ON UPSLOPE AND RIP-RAPED DISTURBED AREA OUTFALL(SEE 01` SEDIMENTTRAP - ---- —--- SPECIFICATION) 3'MIN. Fca rn iN- COMPACTED SOIL UNDISTURBED GROUND -------------------- ---- OR WASHED STONE SIDE VIEW '*NOT TO SCALE EARTHEN BERM DATE:4/22/2016 THE CITY OF BOZEMAN DRAWN:KLM STORMWATER DIVISION SPECIFICATION PROJECT:CITY OF BOZEMAN 20 E.OLIVE—P.O.BOX 1230 STORMWATER MANUAL BOZEMAN,MONTANA 59771 23 Notes 24 Perimeter Control Sediment Trap Introduction Sediment traps capture and hold stormwater flowing from construction sites, including ground disturbance, pollutant storage, and material stockpile areas.Approved sediment traps consist of an excavated area with an armored overflow. Contractors must consider their site's size,soil condition,and topography before selecting,sizing,and installing a sediment trap. Installation Requirements Install sediment traps: ■ before construction activities ■ per the following specification ■ installed with an overflow consisting of rip-rap underlain with a nonwoven geotextile ■ designed with a volume of 1,890 cubic feet (70 CY)of storage per acre of contributing drainage area ■ maximizing distance between the inlet and armored outlet to facilitate settling Inspection and Maintenance Inspect sediment traps weekly, before rain events,and after rain events to ensure they are functioning. If not,complete one of the following tasks: ■ Repair washed out or eroded sediment traps. Repair with a piece of equipment or hand tool capable of excavating, contouring,and compacting back to its original design. ■ Maintain once sediment accumulation reaches 2/3 of its height. Use equipment or hand tools to remove. Remove once the site reaches final stabilization or transition to post-construction BMP. Fill, compact,and vegetate areas of ground disturbance to blend with adjacent ground. Images 13 and 14—Sediment trap and armored overflow 25 Notes 26 r 1 __SC-3 Sediment Trap 1 TYPI e1 �GDIMENT eP WITH SPI_ LWAY TYPE 01 ITF.LI_ 4'MIA. 16'ltk1.M. •OVVWLOW EROSION COK ROL �IAICIR*AWN '":1��,.�P;y�Y v\ C• ._* ORAINA(lE AREA WEY VV07M f"TNE SOIL OR (ACRES) >1 COMPACTED BACIffLL pE'OTEXTRE RIPRAP } 4 EROSION y 6 CONTROL a a S 10 5 )2 WEIB�Tt3_TARI E SEDIMENT TRAP SC-3 **Note:Taken from MDT's December 2016 Erosion and Sediment Control Best Management Practices Manual 27 Notes 28 Infrastructure Protection Inlet Protection Introduction Inlet protection filters stormwater before flowing into the City's infrastructure. Inlet protection is the last line of defense,and the City requires its use to be in conjunction with other erosion and sediment control BMPs. Premanufactured _ s devices designed to drop inside inlets are the only approved types. Multiple options exist online and at local retailers. Image 15—Properly installed drop inlet protection. Installation Requirements Image taken from www.ADS-Pipe.com Install inlet protection: ■ before construction activities ■ per the manufacturer's recommendation Inspection and Maintenance Inspect inlet control weekly, before rain events,and after rain events to ensure it is functioning. If not,complete one of the following tasks: ■ Replace damaged inlet protection. ■ Maintain by removing accumulated sediment using equipment or hand tools. ■ Remove once the site reaches final stabilization. 29 Notes 30 Infrastructure Protection Tracking Control Introduction, Offsite tracking control removes sediment from vehicle tires before exiting construction sites.The City allows two types. Both utilize geotextile and 3"-6" angular rock. One option includes a cattle ■ guard platform. Contractors must consider their site's volume of traffic, underlying soil condition, and site constraints before selecting and installing tracking control. Approved Options 1. Install angular rock: Image 16—Properly installed cattle guard entrance ■ before construction activities ■ per the following specification ■ underlain with a geotextile for separation between undisturbed soils and rock ■ surfaced with 1' min. depth of 3"-6"angular rock ■ designed with a length that allows two full tire rotations 2. Install cattle guard and cobble hybrid: ■ before construction activities ■ per the following specification ■ underlain with a geotextile for separation between undisturbed soils and rock ■ designed with a 12' min. by 20' min. cattle guard with sediment capture bay below ■ surfaced with 1' min. depth of 3"-6" angular rock Inspection and Maintenance Inspect tracking control weekly, before rain events,and after rain events to ensure it is functioning. If not,complete one of the following tasks: ■ Maintain once the aggregate and cattle guard fill with sediment. Refresh the surface by turning over the aggregate. ■ Remove once there is a permanently stabilized site entrance. Fill, compact,and vegetate areas of ground disturbance to blend with adjacent ground. 31 Notes 32 Tracking Control CONSTRUCTION FENCING ROAD 3"-6*"ANGULAR ROCK - ------------ ---- ------------------------------------ SC'IV"IN- MIN. GEOTEXTILE FABRIC I' - ROAD UNDISTURBED GROUND t OPTION 1 -ANGULAR ROCK ENTRANCE CONSTRUCTION FENCING ♦ --------------- ROAD 3'-6"ROCK OR COBBLE --------------------- msseecnae CATTLE GUARD T------------------------------------------------------- A4Y 101M. 20'MIN. 10'PON. 3"-6'ROCK OR COBBLE --j, i rrl u. 1 GEOTEXTILE FABRIC ROAD SEDiMENTTRAP UNDISTURBED GROUND OPTION 2 -CATTLE GUARD ENTRANCE "NOT TO SCALE DATE:4/22/2016 THE CITY OF BOZEMAN TRACKING CONTROL DRAWN:KLM STORMWATER DIVISION SPECIFICATION PROJECT:CITY OF BOZEMAN 20 E.OLIVE—P.O.BOX 1230 STORMWATER MANUAL BOZEMAN,MONTANA 59771 33 Notes 34 Infrastructure Protection Dewatering from Excavated Areas and Wells Introduction w .bakercorpcom Dewatering controls manage and treat pumped water before it flows into infrastructure or waterways. Contractors must consider the expected volume of water, _ duration,and site condition before selecting and installing dewatering BMPs. Approved Options 1) Well Dewatering—Used to lower the water table during utility line and foundation installation.Achieved through the use of well(s) and pumps tied together in a network that discharge to a predetermined location(s). image 17—Proprietary bag filtration unit Discharge location(s) may include waterways, stormwater infrastructure, or vegetated lands. Installation requirements include: ■ placed within 15'x 15' undisturbed area ■ contained initial turbid discharge(purging of well) ■ reinforced discharge location preventing erosion 2) Excavation Dewatering—Used to remove accumulated water from an excavation.Achieved through the placement of a pump in the excavation,which pushes water through a hose, filter,and then a predetermined discharge location(s). Discharge location(s) may include stormwater infrastructure and vegetated lands. Installation requirements include: ■ Proprietary bag,cartridge, or media treatment unit designed to filter discharged water to 100 NTUs or less. Rain for Rent and Baker Corporation are examples of companies that manufacture treatment units capable of meeting this standard. Maintenance and Install Requirements Inspect routinely to ensure dewatering controls are functioning and resulting in a clear discharge. If not, halt dewatering immediately and: ■ Maintain treatment unit per manufacturer's recommendation. ■ Monitor and Maintain discharge location(s) if any noticeable erosion is identified by moving the hose or refortifying the ground surface using 3-6"cobble or stone. ■ Remove once the site reaches final stabilization and is no longer required. Fill,compact,and seed areas of ground disturbance to blend with adjacent ground. 35 Notes 36 i Z DEWATERING USING WELLS z N M W d N Lhpd UNDISTURBED CONSTRUCTION UNDISTURBED RIP RAP STATE O 0 m Q AREA WELL FENCING AREA WATERS W a p O a I g W OPTION 1-LAND APPLIED J Q - _ p ,1 z ui i 1 I NOTE:RIP RAP 3 1 m Z 6"COBBLE OR d t i.._.._.._.._.--------- U. 22 m i1 STONE 15'MIN. V Q ,� Lu W O i 1� 1J i ROAD 11 M 4 C 00� a c/1 1 1J �J 4'MIN. MIN, 15'MIN. (V A z 1 _ CURB INLET O 1 q W Q q au. OPTION 2-CURB INLET OPTION 3-WATERWAY a W W NOTES:INITIAL FLUSHING OF WELL WATER MUST BE INFILTRATED Q 0. UNDISTURBED AREAS MUST EXIST FOR THE ENTIRETY OF THE PROJECT DISCHARGE MUST BE MONITORED FOR CHANGE IN COLORATION,VOLUME,AND EROSION Notes 38 Pollutant Management Concrete Washout and Waste Management Introduction A4 Concrete washout is a toxic slurry generated from the washing of mixer chutes, pump trucks, and other 4 �� � masonry equipment. Contractors must consider their sites expected volume of washout and site constraints before selecting and installing one of the following approved BMPs. Approved Options '•�' y 1) Reusable or Disposable Product 2) Prefabricated Roll Off or Container 3) Lined Below Ground Containment FyyMe 4) Lined Above Ground Containment = Installation Requirements Image 18—Reusable or disposable product Install concrete washouts: ■ before concrete and masonry work ■ per this manual's or manufacturer's specification ■ clearly marked with signage stating"Concrete Washout Area" - ■ of adequate capacity and structure to prevent spill and splash over Maintenance and Inspection Requirements Inspect concrete washouts before and after rain events Image 19—Prefabricated roll off to ensure they are functioning. If not, complete one of the following: ■ Repair if the liner is leaking or washout is in a state of disrepair. ■ Maintain when the facility reaches 75%capacity. Remove or evaporate clear washout water. Remove or recycle all solids and dispose into a roll off dumpster, haul trailer,or solid waste receptacle. ■ Remove concrete washout once the site reaches stabilization and is no longer required. If applicable,fill,compact,and seed areas of ground disturbance to blend with adjacent ground. 39 Notes 40 CONCRETE WASHOUT AND WASTE MANAGEMENT ENCLOSED,/LINED CONTAINER y f"� 1 'NOTES:1)NUMEROUS OPTIONS EXIST AND CAN BE FOUND ONLINE OR AT LOCAL SUPPLIERS. 2)UNTENDED FOR SMALL PROJECTS OPTION 1 - REUSABLE OR DISPOSABLE PRODUCTS ENCLOSED/LINED CONTAINER _ ..NOTES:1)NUMEROUS OPTIONS EXIST AND CAN BE FOUND AT LOCAL SUPPLIERS. 2)SIZE ADEQUATELY FOR EXPECTED VOLUME OF WASTE 3)PLACE ONSITE WITHIN PERIMETER PROTECTION AND NOT IN THE CITY'S RIGHT OF WAY OPTION 2 - PREFABRICATED ROLL OFF OR CONTAINER -NOT TO SCALE DATE:4/26/2016 THE CITY OF BOZEMAN CONCRETE WASHOUT DRAWN:KLM STORMWATER DIVISION SPECIFICATION PROJECT:CITY OF BOZEMAN 20 E.OLIVE-P.O.BOX 1230 STORMWATER MANUAL BOZEMAN,MONTANA S9771 41 Notes 42 CONCRETE WASHOUT AND WASTE MANAGEMENT *"NOTES: SILT FENCE OR EARTHEN BERM s ?JIN. IMPERMEABLE LINER V hIIN. - - ROCK PAD OR /SILT FENCE O STABILIZED SURFACE R is<_ruura_ EARTHEN BERM ♦---- UNDISTURBED GROUND 3'TVIN. IMPERMEABLE LINER f � s'NIN. OPTION 3 - BELOW GROUND CONTAINMENT ■ SILT FENCE OR EARTHEN ■ BERM PAN- IMPERMEABLELINER J ■ ---- ------ - --- -- 8' WOODEN STAKES ■ HAY BALES OR SAND BAGS ■ ■ ■ ■ ■ ■ ROCK PAD OR STABILIZED SURFACE SILT FENCE OR EARTHEN BERM IMPERMEABLE LINER UNDISTURBED GROUND +— OPTION 4 -ABOVE GROUND CONTAINMENT ""NOT TO SCALE CONCRETE WASHOUT DATE:4/26/2016 THE CITY OF BOZEMAN DRAWN:KLM STORMWATER DIVISION SPECIFICATION PROJECT:CITY OF BOZEMAN 20 E.OLIVE—P.O.BOX 1230 STORMWATER MANUAL BOZEMAN,MONTANA S9771 43 Notes 44 Stabilization Measures Introduction Stabilization measures reduce erosion, increase infiltration, ;, :` shorten slope lengths,slow the flow of water,and minimize raindrop impact of disturbed areas during and after construction activities. Stabilization measures can be temporary �`,:�^ • x ' or permanent depending on their type and application. Approved Options 1. Surface Roughening:Consists of 3" min. depressions Image 20—Surface Roughening running perpendicular to slopes using equipment,such as a grouser or sheep's foot. 2. Crimped Straw Mulch:Consists of weed-free straw with a 12" min. length evenly distributed at a rate of4000 Ibs/acreW ' and crimped into the soil.Straw blowers and hand broadcasting are useful distribution methods. Flat shovels image 21-Crimped Straw Mulch and disc plows work well for crimping. Mso 3. Wood Mulching:Consists of shredded wood and compost evenly distributed.Apply wood mulch and compost to a {; k.- depth of 2"-3". 4. Rolled Erosion Control Products:Consists of biodegradable �:rr erosion control blanket composed of fibers such as jute, 4 straw,coconut,or a combination of straw and coconut Image 22—Wood Mulching fibers. Installation criteria to consider:anchor slots, overlapping adjacent blankets, check dams,and staking.See the following installation specifications. 5. Sod: Immediately stabilizes disturbed areas. Consider sod type,soil preparation,soil amendments,and irrigation until establishment. Image 23—Erosion Control Product 45 Notes 46 . Rolled Erosion Control ProduLs POLL UPSTREAM FLOW Y er EVERY COWACTED STAPLE CR STAKE EVERY STAPLE OR SC!. iN TRENCH SOIL ;TON CENTER IN TRENCH CL.LPACTED 12'ON CENTER TERMINAL SLOPE& A .INITLa L-CHANNELANCHOR TRENCH B CHANNEL ANCHOR TRENCH � B f O s OVERLAP CHECK SLOT AT 26 INTERVALS TYPIGAI CHANNFI DETAIL COMPACTED SaL 6. - --- i � STAPLE OR STAKE EVERY ;r ON CENTER W TRENCH LQMWI INAr ANCHOR-TRENCH COMPACTED STAPLE OR STAKE EVERY yy SOIL 77 ON LITER pr " ROLLED EROSION P CONTROL PRODUCTS C INTERM.ITTENI-CHECK.SLO-T SS-6 SHEET 1 h *Note:Taken from MDT's December 2016 Erosion and Sediment Control Best Management Practices Manual i 47 Notes 48 Rolled Erosion Control Products--i i i i Y *Y Y YY Y 1 �{Y r r +S C r lam' - 6'OVERUW IN SPLICE � STAPLE OR STAKE EVERY 17'ON CENTER IN TRENCH r 2' A � - ri r n / art BERM h; - COMPACTED 6-- l! SOIL v TYPICAL.SLOPE.DETAIL (k-TOP_ANCHOR TRFNB COMPACTIED y. SOI - L OR STAKE STAPLE IN TRENCH 6t]TTOM NC'HOR TRFN .H TO BE USED WHEN SLOPE RUNS INTO A ROLLED EROSION RECEIVING WATER AND CANNOT BE CONTROL PRODUCTS T�iN J OOT BErONO SLOPE AS SHOWN H SS-6 SHEET 2 DOWNSLOPF FND^+T P F .HECK `*Note:Taken from MDT's December 2016 Erosion and Sediment Control Best Management Practices Manual 49 Notes 50 Single-Family Residential Single-Family Home Construction Site Protection Plan Stage of Construction and Timming of BIVIP Implementation # Minimum Expectation Stage 1-Foundation I Stage 2-Utilities I Stage 3-Structure I Stage 4-Flat Work Stage 5-Landscaping 1 Protect Inlets Drop inlet protection//Cost:$100(reusable) 2 Contain Disturbed Area Straw wattle,siltfence,or earthen berm//Cost:$50($26/100ft) ....................................................... ............................................. ... ............................i....................................... 3 Mitigate Tracking Gravel drive entrance//Cost:$150 ; 4 Control Concrete Waste Prefabricated roll-off or lined container//Cost:$20 5 Contain Material Stockpiles Torp,strow wattles,siftfence,earthen berm,or within perimeter control//Cost. 6 Manage Dewatering Flows land apply orfilLer unit//Cost:5500 7 IStabilize Disturbed Area I [Sod//Cost:n/o Example BMPs 1 - Contain Disturbed Area ] l Straw Wattle Control Concrete Waste Washout Bag Protect Inlets �— Drop Inlet Protection Manage Dewatering Flows�� Filter Unit _ F— Mitigate Tracking ^ra Gravel Drive Entrance ` Stabilize Disturbed Area Sod 51 Notes 52 Single-Family Residential Single-Family Home Construction Site Protection Plan ------------------------------------------------------ RL 15 z I 3 o I o i� k `�S� $`'fix, ,,,A��• ` 1• ;�aSy�Y X;�)('4LY a�tir��;�'�4i� � �"',�%c��v� �• 1 �I I I I• I I 1 II 1 I I 1 I I• I1 I I I = •I O I� y II I � 1 II T I I O 1 I �- O ■I a■ V I I �• I I 'a I■ �1 t a I I 1 I I .] I• � I 1 II ' 1 I W �1 I. cn I � �' II �ZV 'may_`• j('}�'� C.:,J�f:r' 1 AL 7 o ;;a M �" n n to -v v Q. `= T K 3 O O O tp to N 70 6 3 n w to 07 m Q m N G W ID tD rt O D 7C•Q W T fl Iu• t7 3 e1• tU rr O 53 SECTION 02602 DIVISION 2 —SITEWORK PIPE BORING AND JACKING PART 1 GENERAL 1.1 WORK INCLUDED A. This item of work shall consist of furnishing all labor, materials, and equipment necessary to do all work and related items as shown on drawings,herein specified,or incidental to proper execution of the work to complete the boring and jacking at the required locations. 1.2 SUBMITTALS A. Submit for review complete working drawings showing details of the proposed method of construction and the sequence of operations to be performed during construction. Show the method of jacking and boring to be used and dewatering techniques that are proposed to be used. B. Complete information on Contractor's safety plan for personnel conducting the tunneling or jacking operations, shaft installation and appurtenance installation. The plan shall include provisions for lighting, ventilation, electrical safety and confined space entry. C. All Contractor submittals requiring structural design shall be signed by a professional civil or structural engineer registered in the State of Montana. D. Submit carrier pipe casing spacers, end seals, and pipe installation method. E. Submit information as maybe required for the exterior grouting of the casing pipe to the surrounding ground. Equipment, methods to be employed and check valve to be used. F. Submit a mix design for the exterior grout to be placed immediately after completion of the boring and jacking operations. The exterior grout shall be a cementation grout that will achieve 150 psi within 30 days. 1.3 QUALITY ASSURANCE A. Safety: The Contractor shall be responsible for the complete safety and protection of all individuals and any public or private properties associated with the boring and jacking operations required for this work. It shall be the Contractor's responsibility to see that the work is done in conformance with all applicable federal,state, DNRC, and local safety requirements. B. The Contractor shall give the Engineer a minimum of 4 working days advance notice of the start of an excavation or boring and jacking operation. 02602- 1 SECTION 02602 DIVISION 2 —SITEWORK PIPE BORING AND JACKING C. All work shall be performed in the presence of the Engineer, unless the Engineer has granted prior approval to perform such work in its absence. D. The Contractor shall be solely responsible for the structural integrity and safety associated with his means,methods, design and installation of the boring and jacking work. PART 2 PRODUCTS 2.7 CASING PIPE A. Casing pipe shall be steel as specified herein. Casing pipe diameters shall be properly sized to allow installation of the carrier pipe with minimum inside diameters as listed below: Steel Casing Pipe Carrier Pipe Nominal Diameter 10" DIP 20 inches B. Steel Pipe. Steel casing pipe shall be smooth steel pipe, ASTM A53 Grade B,having a minimum yield strength of 35,000 PSI with a minimum wall thickness of 0.375 inches. Ends shall be beveled for field butt welding, and joints shall be welded around the entire circumference and ground smooth. 2.2 CARRIER PIPE The carrier pipe for the water main pipe for the Bozeman Creek crossing shall be 10- inch ductile iron, as specified on the plans. 2.3 CASING CHOCKS Casing chocks shall be installed on all carrier pipes. Casing chocks shall be of sufficient depth to prevent the bell end of the pipe from coming in contact with the casing pipe. Chock depth shall exceed the outermost edge of the pipe bell by a minimum of 3/4-inch. Casing chocks shall be composite stainless steel/ polyethylene casing chocks as specified herein. Metal components of casing chocks shall be Type 304 (18-8) stainless steel. The liner shall be neoprene rubber or PVC, and the runners shall be UHMW polyethylene with a low friction factor. Casing chocks shall be designed for center restraint. Casing chocks shall be Power Seal Mode14810, APS (Advance Products and Systems),or approved equal. 02602-2 SECTION 02602 DIVISION 2 —SITEWORK PIPE BORING AND JACKING 2.4 EXTERIOR GROUT. See 1.02.F. 2.5 GROUT CONNECTIONS. The Contractor shall provide Grout/Lubrication ports within the pipe wall with no fewer than 1 hole per 25 feet of pipe located at the inside top edge of the pipe. Grout/lubrication ports to be 1 '/2" to 2" with check valves installed. Grout connections to be plugged prior to installation of the carrier pipe. 2.6 END SEALS End seals shall be rubber/elastomeric body with stainless steel bands. End seals shall be compatible with the casing and carrier pipe. End seals allowed for consideration shall be manufactured by Cascade Waterworks, Mfg., or Power Seal Pipeline Products Corporation, or approved equal. PART 3 EXECUTION 3.1 GENERAL INSTALLATION PROCEDURES A. Jacking pit: The excavations for the boring or jacking operations shall be adequately shored and dewatered to safeguard personnel, existing substructures, and surface improvements and to ensure against ground movement in the vicinity of the jack supports. B. Control of alignment and grade: The Contractor shall control the application of the jacking pressure and excavation of materials as the casing advances to prevent the casing from becoming earthbound or deviating from the required line and grade. The Contractor shall restrict the excavation of the materials to the least clearance necessary to prevent binding in order to avoid loss of ground and consequent settlement or possible damage to overlying structures. Allowable deviations in horizontal and vertical alignments shall be no greater than 0.2 feet per 100 feet in any direction over the length of the jacking or boring. The terminating end of the boring shall be within 0.1 feet of the design as shown. Laser control shall be used for both horizontal and vertical alignment. C. Exterior grouting: Immediately after completion of the boring or jacking operations, the Contractor shall inject grout through the grout connections in such a manner as to 02602- 3 SECTION 02602 DIVISION 2 —SITEWORK PIPE BORING AND JACKING completely fill all voids outside the casing pipe resulting from the boring or jacking operations. Grout pressure shall be controlled so as to avoid deformation of the steel casing and avoid movement of the surrounding ground. Equipment used for grouting the exterior of the casing shall be equipped with a pressure gage to indicate the grout pressure. The gage shall be certified by an approved testing laboratory at the onset of the grouting operations. After completion of the grouting operations,the Contractor shall close the grout connections with steel threaded plugs D. Installation 1. The installation of the casing shall be in accordance with the Contract Documents and subject to the approval of the agency having jurisdiction over the area containing the boring or jacking operations. 2. The Contractor shall remove or penetrate all obstructions encountered. Dewatering shall be performed as necessary to prevent loss of ground, sloughing, subsidence,or liquefaction. 3. Any pipe damaged during the jacking operation shall be repaired by the Contractor in a manner acceptable to the Engineer at no expense to the Owner. 4. Should a deviation in grade of the pipe occur due to the jacking(or boring) operation, no additional payment will be made for the resultant change in depth of upstream or downstream piping. 5. Special care shall be taken during the installation of the jacked or bored pipe to ensure that no settlement or caving be caused around the pipe or to the ground surface above. Any such caving caused by the placement of the pipe shall be the Contractor's responsibility. The Contractor shall repair any structure so affected as directed by the Engineer, at the expense of the Contractor. E. Casing Pipe: Casing pipe shall be so constructed as to prevent leakage from the casing throughout its entire length. Casing pipe shall be installed to prevent the formation of a waterway along its length. Casing shall have an even bearing on the surrounding soil throughout and shall be sloped. F. Stream Crossings: Install the casing as per the depths provided on the plans. G. Install the casing by jacking it through the earth, while excavating by boring or 02602-4 SECTION 02602 DIVISION 2 —SITEWORK PIPE BORING AND JACKING mining methods, to the lines and grades shown on the drawings,or as staked by the Engineer. No open excavation will be permitted where jacking or boring is specified and shown on the plans. H. Install casing and carrier pipe by bore and jack methods between bore and jack limits. Casing and carrier pipe outside of bore and jack limits may be installed by open cut methods Provide adequate equipment so as to insure a smooth, continuous and uniform operation leaving no exterior voids along the casing pipe. J. As pipe is jacked forward, excavate and remove soil through the pipe. Do not allow excavation to precede jacking operation. K. After each section of casing pipe has been jacked to the limits,the following section shall be connected to the preceding by a full penetration butt weld around the entire circumference of the joint. The quality around the weld for steel casing pipe shall conform to AWWA Standard C206, and shall develop full strength of the pipe wall. L. The Contractor may elect to provide a casing pipe larger than that shown on the plans to facilitate his excavation. However, the thickness of the casing actually used must meet the approval of the Engineer. No additional payment shall be made for any increase in the size of the casing pipe. 3.2 PIPE SKIDS Casing Chocks. Casing chocks shall be installed in accordance with the manufacturer's recommendations. Chock spacing shall be as detailed on the plans. Filling of the annulus is not required if casing chocks are installed. 3.3 END SEALS Install end seals on each end of the casing pipe per manufacturer's recommendations. END OF SECTION 02602 02602-5 SECTION 02721 DIVISION 2 —SITEWORK HYDRODYNAMIC SEPARATOR UNIT PART 1—GENERAL 1.1 WORK INCLUDED A. The work shall consist of designing,furnishing, and installing a pre-fabricated hydrodynamic separator unit for the purpose of treating storm water. The unit shall consist of a pre-cast concrete manhole with internal components and tangential inlet to induce a vortex flow and store oils greases and settleable solids away from the flow path. 1.2 SUBMITTALS A. Submit for review,the proposed hydrodynamic separator unit including all components, dimensions, estimated head loss calculations, and materials to be used to construct the unit. B. Submit for review,the proposed pre-cast manhole, including dimensions,concrete compressive strength, and all information applicable to installation. C. Provide the manufacturer's contact information PART 2—PRODUCTS 2.1 MATERIALS A. Pre-cast Concrete Manhole 1. Manhole shall conform to City of Bozeman Standard Drawing#02720-4 (See appendix A). 2. Minimum 4,000 psi concrete compressive strength 3. 5-foot inside diameter straight manhole B. Hydro-dynamic Separator 1. Separator shall be a Contech, model—CDS2025-5-C treatment unit or engineer approved equal. 2. Required Treatment Capacity shall be 1.6 CFS. 3. Required peak flow rate shall be 7 CFS. 4. Pipe Inlet shall be 15-inch PVC 5. Pipe Outlet shall be 15-inch PVC 6. 21-inch minimum access for cleaning and maintenance 7. Separator shall be a Pretreatment Technology with a General Use Level Designation approved by the Washington Department of Ecology's Technology Assessment Protocol—Ecology(TAPE). http://www.ecy.wa gov/programs/wg/stormwater/newtech/technologies html 8. Frame and cover shall be either D&L A-1172 ring w/A-1178 cover or EJIW 3771/ 3772 series,or approved equal. 9. Cover shall have two 1" pick holes and shall read "Storm Water"with the city standard manhole logo. PART 3—EXECUTION 3.1 DELIVERY A. Deliver the unit fully fabricated. Provide shipping, handling and storage in accordance with the manufacturer's recommendations. B. Notify the engineer prior to the planned installation to allow for inspection. 3.2 INSTALLATION A. Install the unit in accordance with the manufacturer's standards. Carry out final adjustments required to assemble the units in accordance with the manufacturer's written instruction. 3.3 TESTING A. The pre-cast manhole shall be tested for watertightness. B. Fill the concrete structure to the high water level and allow time for the water to soak into the concrete. Measure the leakage from the structure by checking the water level drop over a 4-hour period. C. The allowable leakage shall be 1.67 gallons over the 4-hour period. SECTION 27100 DIVISION 27 FIBER OPTIC CONDUIT PART 1—GENERAL 1.1 WORK INCLUDED A. The work shall consist of installing fiber optic conduit and maintenance holes along East Olive Street from South Black Avenue to South Church Avenue. 1.2 SUBMITTALS A. Submit for review,the proposed maintenance holes. PART 2—PRODUCTS 2.1 MATERIALS A. Pre-cast Maintenance Holes 1 Maintenance holes shall be precast or polymer concrete and a minimum of 30" x 48" in plan and 36"deep. Covers shall be secured with bolts that require a special tool. 2 Acceptable Products include: i. Quazite - Box is stackable with an open bottom Part Number PG3048BA36. Cover is Extra Heavy Duty 1-Piece Part Number PG3048HH21, the Logo in the cover shall read Fiber Optics 3 Maintenance hole lids shall be rated for the most severe traffic loading expected at each location. B. Conduit shall be Futurepath 7-way 22/16 conduit(See Appendix for specifications). 1 Conduit shall be supplied by the City of Bozeman and delivered to the contractor by request. PART 3—EXECUTION 3.1 INSTALLATION A. Conduit shall be installed a minimum of 30" below finish ground. B. Contractor shall conform to the "City of Bozeman Utility Occupancy Guidelines" (see appendix)for best management practices for locating and installing conduit& maintenance holes. C. Maintenance holes shall be installed on 6-inches of free draining rock. D. The conduit and maintenance hole locations shown on the plans shall be considered approximate. Contractor shall work with the on-site engineer to field fit conduit and maintenance holes in locations that avoid conflicts with existing and proposed infrastructure and vegetation. E. The Contractor shall seal all ducts watertight, in all Maintenance Holes. All vacant conduit(s) shall be fitted with conduit caps, caps shall be the correct size recommended for sealing the specific conduit size being sealed. F. Any concrete or asphalt removed during installation shall be replaced at the contractor's expense. SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract,the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101: (Taxes,Bonds,Insurance) To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent(5%),if any,payment shall be made on the basis of the percentage of the work completed of each progress estimate. Item 102: (Mobilization)Fifty percent(50%)to be paid on the first progress estimate when mobilizing to begin construction,and fifty percent(50%)to be paid following substantial completion and acceptance of the work. Item 103: (SWPPP Implementation) Measurement shall be made on a lump sum basis. Payment at the contract unit price shall constitute full compensation for implementing and maintaining the storm water pollution prevention plan throughout the project as described in the contract documents and drawings, Zn including all materials, labor, tools, equipment, and incidentals necessary to complete the item. Item 104: (Unclassified Excavation Above Subgrade) Measurement and payment shall be as per MPWSS Section 02230 4.1.A for Excavation Above Subgrade and shall include Embankment in place utilizing materials excavated from the site as provided under MPWSS Section 02230 4.l.C.2. This item does not include the excavation above subgrade for sidewalks,ped ramps,or drive and alley approaches. Payment for excavation above subgrade associated with those items shall be included in the unit price for those items. No separate measurement and payment will be made for embankment using soil materials generated on site.The estimated quantities for this item also include the existing asphalt and underlying gravel courses where present. Measurement and payment under this item shall be full compensation for removal and disposal off site of the asphalt. Item 105: (Remove Existing Concrete Curb) Measurement and payment shall be as per MPWSS Section 02112 4.2 where the quantity shall be measured by the lineal foot (LF) for curb (and gutter), which price shall include all removal and disposal work(saw cutting included). Items 106: (Remove Existing Concrete Sidewalk, Ped Ramps, and Drive and Alley Approaches) Measurement and payment shall be as per MPWSS Section 02112 4.2 where the quantity shall be 1 MEASUREMENT AND PAYMENT measured by the square foot(SF)of concrete flatwork removed,which prices shall include all removal and disposal work (saw cutting included) regardless of the thickness of the concrete. Item 107: (Geotextile Separation Fabric) Measurement and payment shall be as per MPWSS Section 02110 4.1. Item 108: (3"Minus Uncrushed Sub Base Course)Measurement and payment shall be as per MPWSS Section 02234 4.1. Item 109:(1"Minus Crushed Base Course)Measurement and payment shall be as per MPWSS Section 02235 4.1. Item 110:(3"Thickness of Asphalt Concrete Pavement,Type B) Measurement and payment shall be as per MPWSS Section 02510 4.2. Item 111:(Concrete Curb and Gutter) Measurement and payment shall be as per MPWSS Section 02528 4.1.A. Item 112 & 113: (Concrete Pedestrian Ramps, Drive & Alley Approach, and Sidewalk (6" Depth); Concrete Sidewalk(4"Depth)) Measurement and payment shall be as per MPWSS Sections 02529 4.3, and 4.4. Payment shall be inclusive of excavation.placing I"minus crushed base material,and backfill. Pedestrian ramps shall be included in the measurement and payment for the 6" depth concrete. Item 114:(ADA Detectable Warning Panel) Measurement and payment shall be by the square foot(SF) at the unit bid price and shall be full compensation for furnishing and installing detectable warning panels in accordance with the manufacturer's recommendations. Item 115: (Adjust Existing Manhole To Grade) Measurement shall be by the numerical count of each existing manhole adjusted to grade. Payment shall include all material,labor,and equipment required to adjust existing manholes to grade as described in the Existing Manhole Adjustment Table shown on Sheet"W5". Item 116 & 507: (Site Restoration and Sodding) Measurement shall be made on a lump sum basis. Payment at the contract unit price shall constitute full compensation for all topsoil placement and sodding as described in the special provisions as necessary to restore disturbed project areas. The work shall include providing topsoil,site preparation,sod,fertilizer,related materials,labor,tools,equipment, and incidentals necessary to complete the item. Item 117 & 506: (Traffic Control) Measurement and payment shall be as per MPWSS Section 01570- 4.1. Item 118: (2" Square Tube Metal Posts) Metal posts are measured by the lineal foot. Metal posts are paid for at the unit price bid for "2" square tube metal posts", said price and payment to be full compensation for furnishing all materials(including foundation sleeve and foundation material),and for 2 MEASUREMENT AND PAYMENT all labor,equipment,excavation,and incidentals necessary to install metal posts in accordance with the Contract specifications. Payment shall also include mounting existing signs to the new posts everywhere the contract drawings call out"Reuse existing sign." The work involved in"resetting existing signs"as described in contract drawings "SXI" & SX2" shall be considered incidental to construction and no separate payment shall be made for this work. Item 119: (Aluminum Signs)Aluminum signs are measured by the square foot to the nearest 0.1 square foot.Aluminum signs are paid for at the unit price bid for"Aluminum Signs",said price and payment to be full compensation for furnishing sign blanks,reflective sheeting,and mounting hardware,and for all labor, tools, equipment, and incidentals necessary to install the signs in accordance with the Contract specifications. This bid item is for all signage shown on sheets"SX1"and"SX2"where "new sign"or "replace existing sign" is called out. Item 120& 121: (Preformed Inlaid Plastic Pavement Markings) Measurement and payment shall be per MPWSS Section 02582, Part 4. Item 122: (Epoxy Pavement Marking — Curb Top & face) Measurement and payment shall be per MPWSS Section 02581, Part 4. Item 123: (Construction Staking) This item shall be measured on a lump-sum basis. Payment shall be made at the contract lump-sum bid price for this item,and shall constitute full compensation for hiring a Surveyor to perform all project construction staking; and for all materials, tools, equipment and incidentals necessary to complete this item. This item shall also include all necessary coordination and scheduling of surveying activities which shall be the sole responsibility of the contractor. Progress payments are in proportion to total construction completed. Payment shall also constitute full compensation for construction staking for all four schedules of work as described under special provision #43. Item 124, 237 & 312: (Miscellaneous Work) The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction,but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work,measured as provided above,will be at agreed upon prices or on force account basis.The number of units in dollars set down in the contract is an estimated amount only, which may be adjusted up or down by the Engineer in accordance with the needs of the project. Item 201: (Connection to existing main)Measurement and payment per connection to an existing water main. Payment shall include all materials, equipment and labor to complete the connection, including any necessary thrust restraint, thrust blocks, or gravity blocks, pipe spools, and couplings. Items 202, 203, 204, 205, 206 & 207: (Valves) Measurement and payment shall be as per MPWSS Section 02660 4.6 A. Items 208, 209, 210, 211, 212, 213, 214, 215, 216, 217 & 218: (Tees, bends, crosses, & reducers) 3 MEASUREMENT AND PAYMENT Measurement and payment shall be as per MPWSS Section 02660 4.3 A. Items 219, 220, 221. 222, 223 & 224: (Ductile iron pipe) Measurement of water mains is made in lineal feet along the centerline of pipe through all valves,fittings,and appurtenances.Payment for water mains will be made at the contract unit price bid per lineal foot of the various sizes and classes of ductile iron pipe called for, which includes furnishing and installing pipe, furnishing and placing Type 1 pipe bedding, trench excavation, backfill, and compaction, including furnishing and placing any required flowable fill backfill,cleaning,testing,and disinfecting the water main,providing any and all necessary j oint and thrust restraint,dewatering,proper disposal of all waste materials,and all other work necessary or incidental for completion of the item. Item 225: (Service reconnection within trench limits,2"diameter and smaller)Measurement shall be by the numerical count of each service that is reconnected within the limits of the main line trench. Payment at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings, and for tapping of the new main and providing all tools, equipment and incidentals necessary to complete this item. Item 226: (Service reconnection outside trench limits,2"diameter and smaller) Measurement shall be by the lineal foot of each service that is reconnected,beginning at the connection to the main,up to the connection to the existing service, either outside or inside of the building. Payment at the contract unit price shall constitute full compensation for :furnishing and installing all service clamps, corporation stops,water service pipes, fittings, curb stops and curb boxes, and for tapping of the new main, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item, proper disposal of all waste materials and providing all tools, equipment and incidentals necessary to complete this item. Item 227: (Install expansion tank and backflow preventer) Measurement will be by numerical count indicated where services are replaced into the house and there currently is not an expansion tank or backflow preventer. Payment shall include all materials,equipment,appurtenances,and labor to provide and install the expansion tank and backflow preventer. Item 228 &229: (Fire hydrants)Measurement and payment shall be as per MPWSS Section 02660 4.7 A. Item 23 0: (Remove Existing Hydrant)Measurement will be by numerical count indicated where hydrants are to be removed but not replaced with a new hydrant in the same location. Payment shall include all materials, equipment,and labor to remove the hydrant to the shoe and salvage to the City,plug the lead pipe, excavation, backfill, surface restoration to match existing, and appurtenances. Item 231: (Insulation) Measurement shall be made on a lineal foot basis along the centerline of the pipeline being insulated. Payment at the contract unit price shall constitute full compensation for furnishing and installing the insulation board to the required dimensions as well as any required additional excavation, furnishing and placement of sand bedding, backfill and compaction, all for all tools, equipment and incidentals necessary to complete this item. 4 MEASUREMENT AND PAYMENT Item 232: (Bore &Jack) This item shall be measured on a lump-sum basis. Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for finishing and installing all steel carrier pipe, excavation, backfill, boring and jacking, welding, exterior grouting, casing chocks, end seals, equipment and all incedentals necessary to complete this item. Item 233: (Temporary water system)This item shall be measured on a lump-sum basis.Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for providing and installing the temporary water system where needed,making all temporary connections, disinfection and testing of the temporary water system, protecting the temporary water system from damage at all vehicle crossing points,providing ADA approved pedestrian crossings of the temporary water system if necessary, for removal of the temporary water system and restoration of any pavement cuts, and for all materials, tools, equipment and incidentals necessary to complete this item. Progress payments are in proportion to total construction completed. Item 234: (Type 2 Bedding)This item shall be measured and paid for as per MPWSS Section 022214.4, cubic yard basis. Item 235: (Imported Backfill Material) This item shall be measured and paid for as per MPWSS Section 02221 4.5, cubic yard basis. Payment shall also include all equipment, labor, and materials necessary for hauling unsuitable excavated materials off site, disposal of excavated materials, hauling 6-inch minus pit run material on-site, placing and compacting the pit run, and all incidental costs to complete this item. Item 236:(Locate&Repair Sewer Service) Measurement shall be by the numerical count of each sewer service which is found to be more than 2' either side of the locate marks. Payment at the contract unit price shall constitute full compensation for locating the sewer service and repairing it if it is broken including furnishing and installing pipe and necessary fittings, fiirnishing and placing Type 1 pipe bedding, trench excavation, backfill, and compaction, including furnishing and placing any required flowable fill backfill,dewatering,proper disposal of all waste materials,and all other work necessary or incidental for completion of the item. No separate measurement and payment will be made for locating and/or repairing any sewer services which are found to be within 2 feet either side of the locate marks. Item 301: (Remove Existing Manhole) Measurement shall be by the numerical count of each sanitary sewer manhole removed. Payment at the contract unit price shall constitute full compensation for removal of the structure in its entirety,trench excavation, dewatering,backfill,and compaction,proper disposal of all waste materials including the structure and all its appurtenances, sanitary sewer pipe of various sizes as shown on the plans and Fernco flexible couplings to reconnect the existing main where manholes have been removed, and all other work necessary or incidental for completion of the item. Item 302: (Removal and Disposal of Existing Asbestos Cement Pipe) Measurement shall be by the lineal foot of pipe that is removed along the centerline of the pipe from center of structure to center of structure for the new trunk main from Bogert Park to the connection in South Rouse Avenue. Payment at the contract unit price shall constitute full compensation for trench excavation, dewatering,backfill, 5 MEASUREMENT AND PAYMENT and compaction, removal of existing pipe, proper disposal of all waste materials including asbestos containing pipe and all its appurtenances, following DEQ regulations when dealing with asbestos containing materials and all other work necessary or incidental for completion of the item. Item 303, 304 & 501: (8" & 24" PVC Sewer Main) This item shall be measured and paid for as per MPWSS Section 02730 4.2. Removal of existing sanitary sewer pipe during installation of the new main shall be considered incidental to the construction. No separate payment will be made for removing and disposing of old sanitary sewer pipe, excluding existing asbestos pipe where called out on the plans. This pipe shall be paid for under bid item#302. Item 305,306,307,308,502&503: (4'Dia.Basic Manhole 5'-0"Depth,&Additional Manhole Depth; 5'Dia.Basic Manhole 5'-0"Depth&Additional Manhole Depth)This item shall be measured and paid for as per MPWSS Section 02730 4.3. Item 309 & 504: (4" SDR 26 Sewer Service Connection) This item shall be measured and paid for as per MPWSS Section 02730 4.4,and shall include furnishing and installing the in line wye in the sewer main. Item 310&505: (4" SDR 26 Sewer Service) This item shall be measured by the lineal foot of sanitary sewer service installed. Payment shall include full compensation for excavation, disposal of existing service pipe, dewatering, all materials, equipment, labor, and tools required to complete the work, site restoration, and all other work necessary or incidental for completion of the item. Item 311 & 508: (Bypass Pumping) This item shall be measured and paid by lump sum and shall include all costs associated with providing temporary sanitary sewer and bypass pumping as described in special provision 44 of the contract documents. Item 401, 402: (Remove Existing Storm Sewer Inlet and Manhole) Measurement shall be by the numerical count of each manhole and/or inlet removed.Payment at the contract unit price shall constitute full compensation for removal of the structure in its entirety,trench excavation,dewatering,backfill,and compaction, proper disposal of all waste materials including the structure and all its appurtenances, storm sewer pipe of various sizes as shown on the plans and Fernco flexible couplings to reconnect the existing main where manholes have been removed, and all other work necessary or incidental for completion of the item. Item 403: (Remove or abandon Existing Strom Sewer Pipe)Measurement shall be by the lineal foot of each pipe that is removed of the various sizes and classes along the centerline of the pipe from center of structure to center of structure. Payment at the contract unit price shall constitute full compensation for trench excavation,dewatering,backfill,and compaction,removal of existing pipe,proper disposal of all waste materials including the pipe and all its appurtenances, and all other work necessary or incidental for completion of the item. Where indicated on the plans,existing storm sewer pipe may be abandoned in place by filling the pipe with flowable fill. If this method is chosen,payment shall be by the lineal foot of pipe filled with flowable fill, capped, and abandoned in place. 6 MEASUREMENT AND PAYMENT Item 404,405&507: (12"& 15"Storm Sewer Pipe)Measurement and payment shall be as per MPWSS Section 02720 4.2.A. Item 406&409: (Basic 4'Diameter Storm Sewer Manhole/4' Combination inlet/manhole)Measurement and payment shall be as per MPWSS Section 02720 4.3. Where the manhole is replacing an existing manhole on the existing storm sewer main,this item shall also include connection to the exiting main on both upstream and downstream side, including extra excavation, dewatering, various sizes of pipe, various sizes of Fernco flexible couplings,backfill,compaction,disposal of all waste materials including existing pipe, and all other work necessary or incidental for completion of the item. Item 407: (5' Diameter Storm Sewer Manhole w/Hydrodynamic Separator) This item shall be measured as a lump sum. Payment shall include supplying and installing one pre-fabricated hydrodynamic separator unit as described in specification section 02721 of the contract documents. Payment shall also include ordering and delivering the unit, excavation and backfill,pipe connections,dewatering,and all other items incidental to the completion of this item. Item 408: (Standard Strom Drain Inlet) Measurement and payment shall be as per MPWSS Section 02720 4.4.A. Item 410 & 509: (Asphalt surface restoration)Measurement for asphalt surface restoration shall be by the actual number of linear feet of restoration satisfactorily accomplished,measured along the centerline of the new storm drain line along South Black Avenue and South Bozeman Avenue,and payment shall be made at the unit price bid for all labor, equipment, materials and incidentals necessary to furnish, install and compact the gravel base,and to furnish,install and compact the asphalt surface restoration as per the plans. Note that if the contractor decides to remove and dispose of the old storm drain pipe in South Black and South Bozeman Avenue,no payment will be made to the contractor for asphalt surface restoration in these areas. Contractor should utilize the "abandon in place option" for these areas or allow for asphalt surface restoration as an incidental cost in bid item#403. Item 411: (Connection to Existing Storm Manhole) Measurement shall be by the numerical count of connections to existing storm drain manholes. Payment shall include full compensation for all labor, materials, and equipment necessary to make the connection, including: excavation, backfill, concrete demolition and disposal as required for the penetration, grouting and all other items incidental to the completion of this item. Item 412: (Box Culvert Penetration) Measurement shall be by the numerical count of each pipe penetration into the East Olive Street Box Culvert at Bozeman Creek. Payment at the contract unit price shall constitute full compensation for all materials, equipment, and labor necessary to install the pipe penetration including: core drilling,pipe installation through the penetration,link sealing the opening, and any dewatering activities and other work necessary or incidental for completion of the item. Item 506: (Connection to Existing Sewer Manhole) Measurement shall be by the numerical count of connections to existing sanitary sewer manholes. Payment shall include full compensation for all labor, 7 MEASUREMENT AND PAYMENT materials, and equipment necessary to make the connection, including: excavation, backfill, concrete demolition and disposal as required for the penetration, grouting and all other items incidental to the completion of this item. Item 601: (Conduit Installation) Measurement and payment shall be by the linear feet of fiber optic conduit installed within the limits of the project. Payment shall include full compensation for determining the conduit routing with the on-site engineer, all excavation, pipe bedding, backfill, and compaction necessary for the conduit installation. The conduit shall be supplied by the City of Bozeman. Item 602: (Maintenance Hole) Measurement shall be by the numerical count of each maintenance hole installed as described in the contract documents. Payment shall include full compensation for all labor, materials, and equipment necessary to install the maintenance hole, including removing and replacing existing sidewalk as necessary. Item 603: (6" sch 80 PVC Utility Culvert) Measurement shall be by the lineal foot of utility culvert installed. Payment shall include full compensation for determining the culvert routing with the on-site engineer, all excavation, pipe bedding, backfill, and compaction necessary for the culvert installation. 8 MEASUREMENT AND PAYMENT APPENDICES STANDARD DRAWINGS UTILITY OCCUPANCY GUIDELINES FIBER OPTIC CONDUIT SUBMITTAL SPEED TAPER CONE LIMIT LENGTH SPACING t �1" f' R4-7 18 x 18 25 125' 25' 24" X 30 FLOURESCENT *• ORANGE rr F , (MIN.) { 30 1 BO' 30' FLAGS ' ,(�1. �;•- e. it2iB:`r 35 245' 35' 40 320' 40' —11111110— 6' 6'I+— I Locate both within one block _I e--low.- W 21-4 -7 L 36" x 36" (MIN.) jtii!'ly BARRICADE ""24 X 30 NOTES: maintenance MIN. 1, ROAD WORK AHEAD — Sign shall be In place at all times, except short term rJ; (MIN,) via manholes for underground utilities. Short term maintenance defined as up to 15 minutes. 2. KEEP RIGHT SIGN o Shall be in place when work is being conducted on site. 18" x 18" ADVISORY 3. CONE TAPER LENGTH AND SPACING — See table below: adjustments may be necessary dependent upon aide a preaches, etc. SPEED PLATE 4. SPECIAL CON91TIONS -- These standards are for short term daytime operations — if traffic control devices are needed during hours of darkness, a traffic control plan shall be submitted for apprava1. USE 35 MPH 5. All VEHICULAR EQUIPMENT — Working on Iho roadway or on or near the roadway shoulder shall PLATE If SPEED be equipped with a Writing amber becoon maunted In a manner that assures visibility to LIMIT 1140 MPH approaching traffic at all limes. 6. ALL SIGNS, DEVICES AND MOUNTS — Shall meet current Montana Dept. of Highways and MUTCD OR GREATER. standards and spacitications. 7. BARRICADE PLACEMENT — Barricades shall be a minimum of six (6) feet. Short term maintenance via manholes for underground utilities do not require barricades. 6. if the work area within or near an Intersection affects traffic movement, additional traffic control davtaes may be required. TRAFFIC CONTROL MINIMUM CITY OF BOZEMAN SCALE: STANDARD URBAN WORK SITE NO. 01570-2 STANDARD DRAWING NONE 2—LANE WORK SITE AUG. 1994 ON CENTERLINE Revised Feb. 1997 SPEED TAPER CONE LIMIT LENGTH SPACING 25 125' 25' FLOUR SCENT ORANGE ', ,.y 'J I:+F'_ ► `: 30 180' 30' FLAGS 35 245' 35' 40 320' 40' �� Locate both within one block W 21-4 36' x 36" (MIN.) :.'�';_ BARRICADE NOTESt t 1. ROAD WORK AHEAD — Sign shall be in place at all limes, except short term maintenance via manholes for underground utilities. Short term maintenance defined as up to 15 minutes, 18" x 18" ADVISORY 2. The lane oncrooement should either permit a remaining lane width of 10 feet, or the lone should be closed. SPEED PLATE 3. CONE TAPER LENGTH AND SPACING — Sae table below: adjustments may be necessary dependent upon side approaches, etc. 4. SPECIAL CONDITIONS — These standards ore for short term daytime operations — if traffic control USE 35 MPH devices are needed during hours of doneness, a traffic control plan shall be submitted PLATE IF SPEED for approval. LIMIT IS 40 MPH 5. ALL VEHICULAR EQUIPMENT — Working on the roadway or on or near the roadway shoulder shall be equipped with a rotating amber beacon mounted In u manner that assures visibility to OR GREATER. approaching traffic at all times. 6, ALL SIGNS, DEVICES AND MOUNTS — Shall meet current Montana Oeph of Highways and MUTCO standards and a acificotions. NOTE; IF REMAINING ROADWAY WIDTH IS 7. BARRICADE PLACEMENT — 13arricodos shalt be a minimum of six (6) feet. Short term maintenance INADEQUATE TO ALLOW TWO—WAY TRAFFIC, via manholes for underground utilities do not require barricades, USE FLAGPERSON (SEE DRAWING NO. 6) S. If the work area within or near on Intersection affects traffic movement, additional traffic control devioas may be required. TRAFFIC CONTROL MINIMUM CITY OF COL MAN SCALE: STANDARD URBAN WORK SITE NO. 01 570-4 STANDARD DRAWING NONE 2-LANE ROAD, 1 LANE PARTIALLY AUG. 1994 OR rULL-Y CLOSED BY WORK AREA Revised Feb. 1997 W 21-4 36" x 36" (MIN.) 18" x 18" FLOUR ENT . ORANGE : 7' o FLAGS ' NOTES: 18" x 18" ADVISORY 1. Sign assembly shall be displayed at a distance of not more than 1000 feet nor less than 750 feet from end of work site, SPEED PLATE 2, SPECIAL CONDITIONS — These standards are for short term daytime operations — if traffic control devices are needed during hours of darkness, a traffic control plan shall be submitted for approval, 3. ALL VEHICULAR EQUIPMENT a Working on the roadway or on or near the roadway shoulder shall be equipped with a rotating amber beacon mounted in a manner that assures visibility to approaching traffic at all times. 4. ALL SIGNS, DEVICES AND MOUNTS — Shall meet current Montana Dept. of Highways and MUTCD standards and specifications. CITY OF BOZEMAN SCALE: TRAFFIC CONTROL MINIMUM NO. �� 5�0--5 STANDARD RURAL WORK SITE STANDARD DRAWING NONE WORK ADJACENT TO THE AUG. 1994 PRESENT TRAVELED WAY (PTW) Revised Feb. 1997 18" x 18" FLOURESCENT W 20 ORANGE W 21-4 36' x 36" FLAGS 36" x 36" (MIN.) �`' (MIN.) N pp' 300' z 00' 00= 1. When it is necessary for equipment to block the roadway to the extent that two vehicles cannot pass on the roadway at the work site, flogmen, with appropriate warning signs shall 18" x 18" ADVISORY be used. SPEED PLATE 2. FLAGGING — Any person engaged in flogging shall conform to the criteria set forth in the pamphlet "INSTRUCTIONS TO FLAGPERSONS" prepared by the Montana Dept. of Highways. 3. SPECIAL CONDITIONS — These standards are for short term daytime operations — if traffic control devices are needed during hours of darkness, a traffic control plan shall be submitted for approval. 4. ALL VEHICULAR EQUIPMENT — Working on the roadway or on or near the roadway shoulder shall bt! equipped with a rotating amber beacon mounted in a manner that assures visibility to approaching traffic of all times. 5. ALL SIGNS. DEVICES AND MOUNTS -- Shall meet current Montano Dept. of Highways and MUTCD standards and specifications. TRAFFIC CONTROL MINIMUM NO 015�dm CITY OF BOZEMAN SCALE: STANDARD RURAL WORK SITE STANDARD DRAWING NONE UTILITY WORK ON OR ACROSS THE AUG. 1994 PRESENT TRAVELED WAY (PTW) Revised Feb. 1997 R9-11(L) SIDEWALK CLOSED AHEAD / CROSS HERE 30"X24" SIDEWALK CLOSED 24"X 18" SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. SIDEWALK CLOSED 24"X1 8" R9-1 I(R) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIGN ® WORK SITE TRAFFIC DRUMS OR CONE CITY of BOZEMAN SCALE: PEDESTRIAN TRAFFIC NO. 01570-7 NONE CONTROL FOR TEMPORARY FEB 2007 STANDARD DRAWING SIDEWALK CLOSURE i rJ. �% 7 I I I� r� I N R9-9 SIDEWALK 4° CLOSED TEMPORARY ACCESS RAMP ADEQUATELY SUPPORTED FENCING FENCING ,[SIDEWALK CLOSED MUST MAINTAIN 4! CLEAR AREA i R9-9 BETWEEN FENCING. 1 WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF OBSTRUCTIONS FENCING AS SHOWN MAY USED FOR SHORT TERM (LESS THAN APPROPRIATE TRAFFIC I 30 DAYS) INSTALLATION. MORE CONTROL PLAN MUST BE PERMANENT STRUCTURES WILL BE USED FOR LANE CLOSURES REQUIRED FOR LONGER TERM. A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) 1 I I CITY OF BOZEMAN SCALE: SIDEWALK CLOSURE NO. 01570-8 STANDARD DRAWING NONE DETOUR FEB 2007 MT fEc[0.S'dWT �4'YM 4 uro SUBCAK.E .i t ;(2 Ai H'cCESSAR! NOTES: 1.Adjust manholes upward with adjusting rings under frame. 2.Adjust manhole downward by removing cone and bagel sections as necessary and replacing with sections of length required to match grade. 3.Slope manhole frame as required to mathch slope of street. 4.Final manhole adjustment shall be made before paving. 5.All joints between manhole sections,top cons,adJustimg rings,and manhole ring shall be watertight. Joint material shall be"Ram Nek"or approved equal. 6.Manhole ring and cover steal be adjusted to match final crown and grade of street.Use Anderson Precast or approved equal concrete angled adjustment rings to obtain required. angle. 7.Manhole ring and cover use MCI 305 frame,305A cover,TOO 772 frame, 772-B coves,or Deeter 1025,or D&L A 1172 with 1"cover. CITY OF BOZEMAN Scale: MANHOLE ADJUSTMENT NO.02213-1 STANDARD DRAWING None DETAIL Ixev.Apri12005 TOP OF NEW pAVEMENT 1 fi`MAP.,1 4"MAX. 6' COMPACTED BASE do SUBG RARE NOTES: 1. Adjust water valves upward or downward as required. Final adjustment shall be made after paving and before seal coating. 2. Model No. 69 8550 series. East Jordon Iron works odjustable screw—type risers may be used to is or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type it water valve adjustment. Type I water valve adjustment is similar except with a concrete collar_ CITY OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT NO. 02213-2 STANDARD DRAWING NONE DETAIL Feb. 2004 NOTE: WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINE A MINIMUM OF 12' (30cm) FROM THE EDGE OF THE TRENCH OPENING. WHERE NEAT LINE 15 LESS THAN 3- (0.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION, REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT. EXISTING STREET SURFACE VERTICAL TRENCH WALLS WITH SHORING TO CONFORM 70 O.S.H.A. REGULATIONS" �12'(30 cm) MIN. SUBGRADE OR GROUND SURFACE INSTALL DETECTABLE SLOPING. BENCHING OR WARNING TAPE 18"(45cm) SUPPORT SYSTEMS IN THIS BACKSLOPE AS SPECIFIED MAX. DEPTH AREA TO CONFORM TO TO CONFORM TO O.S.H.A. (OPTIONAL) O.S.H_A. REGULATIONS' REGULATIONS' f\ TYPE "A".'B', OR "C' / 6'(15cm) \x TRENCH BACKFILL 1 / I <ll _ i,` c,y� SELECT TYPE 0 BEDDING MATERIAL PLACED IN 6"(15an) LAYERS & TYPE I PIPE BEDDING c, c` '�///j� COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX —t::� y� °c s _ 'o% \/ /� IN SECTION 02221. LAYERS AND COMPACTED -"r ccti': 4"(10cm) c :'-D c THOROUGHLY. TRENCH INDTH=O.D.OF PIPE PLUS T(60an) /\ MIN. TRENCH WIDTH= 3.5(1.1m) TYPE 2 PIPE BEDDING WHERE OR UNSTABLE R OF /\�/jv/i�l��j\Y,/ FOUNDATION NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND/OR OTHER TRENCH DESIGN FEATURES ' SEE O.S.H.A. CONSTRUCTION STANDARDS FOR EXCAVATIONS. REVISED: 10/25/02 CITY OF BILLINGS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAILS NO. 02221-1 li is t ec nMurzrd that JwAeve inaleriijis which way hr• us"r•d for pipe• bmw"w r<u v n khQ h ruu MCA )o WC.,, 7•hc•r e•for c. the hwnn]ram is olfer rrl .t: on .,llr-r u.,l r to tl,r- 7')P).: 1 fupc- bedditt_ spc•r•iftc a,l iorr tw Sr-•r1Jon 0:222101TL"NCH T.'1("'mT10i1" AND 13r1Chf7f.1. POIi PTPF.— UNES AKD. .IPPL•P•.TENANT ?TPxUCTUPE.� This <dic•i-notc• shu11 hc• usc•cl onik it netted for ht the. f'ro+isjemz:. It tnusl br• c•wtph:cxired Ilr.et no spc r Jfic.a(iou .Shnuld he' t.tsrd w 0 howl the vnehir•rt 's waluaalion of the patrijesular s)lualion TYPE 1 PIPE BEDDING 11•pe I pipe he•cldmg" ttrtlror trd or 1'1 rY1111 n111 or rtnrin • ore site. sh,;il I>c• �r ac c•l. �rt_r-�r•l �".:,rr rl tui�futr. or sand The watr•r•ial Shall he, "oIJ ,traded and shall eontornr to the r•equirrmenfs for soil ttpe• Gll let* 101. bAl _,n-IM) or :11 (.:•rend, ir(Al ,eradrd) of ihrs Po)- frc•d Soil Clu�•,•Jficalion •; •stern !,N de-liuer,Jc•ct in AS'1'.11 1)2 1 N i 11 (111, dJ..•rr c•I ion of the r-neinrc r. thc• matelial Imtr rorrlain rep to <e nrnvirmint of V perrrrrl p,r-:�jn,' the ?00 sirrr• prorirlyd the plasttritr• index of the rrt.,terml is 6 or less. Thr• mai imiun size grrm-el shall be 3.• 1 arch. Thr c•ocfficient of urriforuko- for 2raiel whail be 1 or 91vdler arrul a coefficient of cur%alur•e belnccn 1 �<utd shall h„tr, <, coeffirient of unifornarli of 6 of atc:�•lrr and o voethr ienl nl cur ,1 wee bet n Fr n 1 rend .3 7'3 pe i hr d due_ sheill ronsrsl of a mintururu of 4 inc hes•(lo rut). or 1 11 the orrktdc• dt,,ratc•fcr of pipe, is �rcnicr. h(-ddtn_ nmtl ertn) under t hc• p)pf- grad l he he rirlui: nrr,lrt ire) ou ouud and nxer the pipe to a poirrl ,•i minimum 6 ittrhrs (lac•ntj tit(- top of Ihr• pipe unlc=s spc'rtfird olhr•rtaisr in the spreral I'r ovisions. Thr• coeffie•rent of uuitorrnit� is delined as the ratio of grain size: rh,,retelei n! 60% p.,sstrt_ to the• er<e]u size• dinnretrt• n! 101 p.es-sJtt_ rNpte wed Cu = D6D P �70 Thr rorlfic ient of eursattn-c: is elefined as the position of fl'te• nr. yur • of the. groin eize dianlele; "1 .30% Passing io the product of the _r<,rn rive diatueter ai t0/„ pos uttur filues" the grain :;17& diatneier of 60I p<�sstn_ e�prcased res- CC = (D30)2 D1 D x D60 111rrrr- the nuturally orrurr•ing ritaterial contain: ~"Diem• Anr1I mould allow• Intyratton. sand bedding ntatelial shnil not be used. 11rdchu_ rncaterial wider anil mound the p)pN to (i inrire.s O:irnr) ahol"r. the Imp 01 flea PJpe .shall he placed by hand or other crateful tnaiunrr so ce..,5 not to disturb the Pipe, in nreez)nturn Imters of 6 inches N.5cnr) and conmpac led to a tnrniururn of 83 Standard Proctor A•:�:T1f D698 R. 4ASHTO T-99 Special r ar c shall he feike n in assure complete rnrnpaact.ion und(-e- Mr hwiw he•.. of 1 hr pipe. Nnrki'01 'naler•ini shall he p1myst in lhv trench for ;Is full u:idlh on each .side in)uftaneousl� 11"11ter .scltling of this portion of fhr ircttch n"ill not he aallnnr-d The add HO" of wall QaM he hrnited to ihal re quit ed for opirrrrum nwhUH e• tar nraxirnum rompr,c lion of the malmial. REMSED: 12w/15 MONTANA PUBLIC WORKS SCALE: PIPE BEDDING ALTERNATE STANDARD DRAWING STANDARD SPECIFICATIONS NONE NO.02221-2 A Ground Surface (90-mF Std.Trench Backfill Trench Plug Material Select Pipe Bedding Bottom of Trench Type 1 Bedding A 10'(3 m) I Section A-A Std.Trench Backnll Ground Surface Trench Wall Trench Wall Plug Limit Plug Limit I (go-cm) Y(90 cm)—] Plug Limit Trench Bottom -J L3'(90 cm) REVISED: 10/21/02 MONTANA PUBLIC WORKS SCALE: TRENCH PLUG STANDARD DRAWING STANDARD SPECIFICATIONS NONE EXCAVATION DETAIL NO.02222-1 5.4" (0.45') 24" 9' 2" a 4» TOPSOIL° 3»R 5„ (TYP.) 4"R d \ \ _ 3/4'To PER 1' SLOPE 6. a d O O fl O O O O O O O O O O O O O O O O O CRUSHED GRAVEL O O O O O O O O O O O O O O O BASE - 3" MIN. OOflfl0Ofl000fl0000000 0 0fl00000fl0000 O O O O O O O O O O O O O O O O SUB-BASE COURSE AS REQUIRED COMPACTED SUBGRADE 1 0.5" 1-5- 3/4• '3/4• PER i' SLOPEI r3 4 PER SL.GPE 1 2" PER I' SLOPE'7 9.5 DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDESTRIAN RAMPS SPILL CURB NOTES: 1- Subgrade or base course compaction shall conform to section 02230 (M.P.W. Specs.. 1996 ed-) 2. Contraction joints shall be placed at 10' intervals and shall have a minimum depth of 3/4" and minimum width of 1/8". 3. 1/2" expansion joint material shall be placed at all P.C.s, P.T.s, curb returns and at not more than 300' intervals. The expansion material shall extend through the full depth of the curb and gutter. 4. No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Class M-4000. 6. Crushed gravel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ed.) For curb and gutter replacement projects, washed rock may be used for the gravel base. CITY OF BOZEMAN SCALE: INTEGRAL CONCRETE NO. 02528-1 STANDARD DRAWING NONE CURB & GUTTER Revised Mar. 2006 CURB TO CURB WIDTH - VARIES =i FACE OF CURB 15' R OYP) FACE OF GUTTER EXPANSION JOINT CONTROL JOINT A BACK OF CURB FLOWUNE WITH CURB RETURN ] LA FXLET AS ONE PIECE 6' IF EXISTING CURB I DOWEL WITH 5 #4 X 36" JOINTS WILL BE REQUIRED RETURN, GRIND GUTTER SMOOTH REBAR EVENLY APPROX. EVERY 10 FEET TO FORM OUTLET SPACED ON 1' CENTERS CHANNEL WHEN THIS WITH 3 1/2" OF COVER. IS THE 14IGH SIDE WITH EXPASN ONE ONE END OF BBARS PLAN VIEW VARIABLE 6'-0^ MIN. STREET SURFACE 3 1/2" 1/2" PER 1'�� 7- REINFORCE WITH #4 SECTION A-A BARS ON 2' X 2' GRID - NOTES: THE WIDTH WITH PROPORTIONAL INVERT MAY VARY TO SATISFY THE DESIGN REQUIREMENTS OF INDIVIDUAL APPLICATIONS. FINISHED STREET SURFACE TO BE 1/8" TO 1/4" ABOVE EDGES OF DOUBLE GUTTER_ CITY OF BOZEMAN SCALE: DOUBLE GUTTER DETAIL NO. 02529-1 STANDARD DRAWING NONE FOR STREET INTERSECTION DEC. 2003 s' — 0. *1.5" *Depth will vary proportionately 3" GRAVEL with width of cross drain I � 3' CROSS DRAIN CONTROL JOINT — SEAL WITH BITUMINOUS JOINT SEALER EXPANSION JOINT 6`— 8" 10' EXTEND EXPANSION TUBES 3/4" PAST END OF STEEL DOWEL TO ALLOW FOR EXPANSION (IF DOWELS ARE USED) FILLET TO BE PLACED ON 3" COMPACTED GRAVEL BASE OR STREET BASE, WHICHEVER IS GREATER. CONCRETE TO BE EXPANSION JOINT AT 6" DEPTH FROM P.C. (TYP.) FACE OF CURB TO STREET 15' R (IYP.) 3/4" STEEL DOWELS (OPTIONAL) CITY OF BOZEMAN SCALE: STANDARD FILLET NO. 02529-2 STANDARD DRAWING NONE AUG. 1994 A� \ PROPERTY UNE 0tYAN57UN / .�'' NO JVNT d7VNTlNmr % r /' fit �°• /� �moo. �. ,�•. / ./� G� /' �- j c���� A ve 1.APPROACH� VALL BE PLACED MONOLJIHICALLY. 2.BOULEVARDS THAT EXCEED 12.0'(3.7m) IN INVERT DEPTH REQUIRE A TRANSVERSE JJ0OIINT. (f an) 4 f i�it. M 1/210a»m)SLOPE C-LINE COW?UNE OF AU.EY `�- OPTIONAL BOrM OF OONCREM (FLOW UNE) SECTION A—A REVISED: 2/10/2000 MONTANA PUBLIC WORKS SCALE: BOULEVARD ALLEY APPROACH DETAIL STANDARD DRAYANC STANDARD SPECIFICATIONS NONE (WITH FLAIR SECTIONS) NO.b2529-7A R = 15' BACx OF CURB a R d PT °a d B ea X .. DOWEL WITH 224'NO"5 1 a. EXPANSION (TIP.) SICAUR13YE 3 CLEAR ° o _BACK 'a.d C JOINTS f N pD A .s.• - �- 2% MAX. a 5'••• SIDEWAL M . •••• i LANING K 1:20 MAX" a 5' SIDEWAtx MID.) f f C faaa f - SCALE: 1" =5' WEL C 5 1- BLVD. (IYP.) a 6'THICK CONCRETE SURFACE RAMPS TO BE CONSTRUCTED WTIH DETECTABLE EXRWSION Flow line WARNING SURFACES COMPLYING WITH ADAAG JOINT COVERING THE ENTIRE WIDTH OF THE RAMPS. ONE COS OF THE DETECTABLE WARNING MUST BE wn8 OF GUTER FLOW' LINE, NO OTHER POINT ON- E LE4OINC .EDGE OF 7HE DETECTABLE WARNING STORM DRAIN INLET MAY BE MORE THAN 5' FROM THE FLOW LINE. (TYPICAL LOCATION) REINFORCE C0hICRETE 914 RAMPS WITH FIBEPMESi AT A RATE IF 1 1/2 Ibs./C.Y- OR WITH 5x5x1O GAUGE WIRE MESH 12" 5'-0" 12" TOP OF CURB �— Fj T17RANSITION TO NORMAL SIDEWALK —� ELEVATION. DISTANCE VARIES. ,_- 4— SDIEWALK 5' SIDEWALK NO UP VARIES LANDING FLOW LINE SECTION B-B 5.5' NO UP , 9.5 wx NO SCALE 11a STANDAM 6" CUR SB EcnoN 2 1/2'DEPRESSED 6" 6" CONCRETE RAMP 3" G El BASE (TIP.) WE+ uNawc SECTION A-A - NO SCALE SECTION C-C CONSTRUCTION NOTES: NO SCALE 1. Standard applies to new construction, with max. curb R=15', and min. 5.5' boulevards. 2. Ramp and curb can be poured monolithically. 3, Storm drain inlets shall be constructed "upstream" of romps. Alternative locations permitted only upon City Engineer's approval. 4. Ramp width shall be 5' minimum. 5. Sidewalk cross—slopes shall not exceed 2Y. BOULEVARD SIDEWALK NO. 02529-8 CITY OF BOZEMAN SCALE: PERPENDICULAR STANDARD DRAWING AS SHOWN PEDESTRIAN RAMP NOV. 1995 (15' MAX. RADIUS/5.5' MIN. BOULEVARD) Revised April 2006 USE BLENDED TRANSITION RAMP WHERE 1AUTATIONS DUE TO BOULEVARD WIDTK RIGHT-OF-WAY,CURB RADUJS,OR II1 U S=0N ANGLE PREVENT THE USE OF STANDARD RAMPS PER O.O.B STANDARD DRAWING 02529 8 �1 DMI3CTABLE WARNING TO BE A IARMA JM OF 4' � WIDE,CESPTBRED ON THE CROSSWALK M E MANSaRz 7oe1r XIS DropC11� N S®HWAM ® Cuth Tmmsffim MAX JolKr .. IPS7 m, SR6QUmmToMAICH 8T6NDA8D SmBWAiJ:(i@r�ffi b R W No lip E 5'Mn k vas (—Sidewalk 2SMAX UUNIX 3"Gmwd Bane(Iyp.) 4"Conaek 6"Conatk Reinfoaced w&1S bs Fah r—Y.or&WO GmV Wm Mash SBCn MA A Ndb Saab CITY OF BOZEMAN SCALE: BLENDED TRANSITION NO. 02529-8A STANDARD DRAWING NOT TO SCALE PEDESTRIAN RAMP APRIL 2006 TYPE OF MAIL BOX AND SUPPORIING POST IS OPTIONAL 7 1 MAIL BOX A p -J 8'MIN mcm *MAINTAIN 3'(0.9m) MIN. GEAR SDEWALK WDTH TO MAILBOX OR SUPPORT WEN MOUNTED a IN SIDEWALK. cs t SIDEWALK OR BOULEVARD OURS STREET SURFACE � . a REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: MAIL BOX MOUNTING STANDARD DRAWNG STANDARD SPECIFICATIONS NONE FOR CURBLINE DELIVERY NO.02529-10 I SIDEWALK BOULEVARD 5'TYP VARIES--` -� Ile t3" PROPERTY .1' ..LINE MIN GRAVEL BASE THICK M-4000 CONCRETE PROPER SECTION B SIDEYARD I SETBACK PER ZONING REGULATIONS TRANSITION SECTION FROM EXISTINGCURB TO DROP CURB: 5' MAXMA i EXPANSION JOINTS COMPLETELY AROUND SIDEWALK SECTION DRIVEWAY 24'THROAT WIDTH MAX. I CURB &APRON POURED MONOLITHIC UNLESS OTHERWISE APPROVED CONTRACTION JOINT EXPANSION JOINTS AT CURB RETURNS °v SIDEWALK CONTRACTION JOINTS BACK OF CURB � SPACED AT 5' INTERVALS - MIN. FLOW LINE DEPTH T". EXPANSION JOINTS TO BE PLACED AT 25' a I EDGE OF GUTTER INTERVALS. n VARIABLE (5.5'TYP.) COTION JOIN7S TO BE SPACED IVNINJERVALS IN CURB & GUTTER EXPANSION JOINT MATERIAL SHALL BE i/2" THICK PRE-FORMED BITUMINOUS TREATED FIBERBOARD FILLER. ALL CURB REPLACEMENT SHALL BE DONE WITH INTEGRAL CURB AND GUTTER UNLESS OTHERWISE APPROVED. GRADE ESTABLISHED AS 1/4" RISE PER FOOT FROM TOP OF ADJACENT FULL HEIGHT CURB - R MATCH EXISTING SIDEWALK GRADE SIDEWALK DRIVEWAY i 5` TYP. -5.5' TYP. (VARIES) _. i/4" PER FOOT SLOPE STREET SURFACE w z J �O OOO •O w O 'O' O ...0 a_ 0 Ix a. WASHED ROCK 3" MIN. MIN. THICK CURB & GUTTER 6" M-4000 CONCRETE * OR MATCH EXISTING OR REQUIRED SIDEWALK WIDTH SECTION A CITY OF BOZEMAN SCALE: RESIDENTIAL N0, 02529-11 STANDARD DRAWING NONE DRIVEWAY APPROACH DEC 2003 AND SIDEWALK DETAILS 1' FROM EDGE OF GUTTER OR FACE OF VERTICAL CURB 8" White Standard 4 —� � 24" . White �Stop Lire 8' Standard SEE 1 2' NOTES: NOTE 2_ V i B (1) THE LOCATION OF THE CROSSWALK LINES ARE DEPENDENT UPON LOCATION 3 „ OF THE SIDEWALKS. (2) 4' MINIMUM FOR SINGLE LANE APPROACHES. FOR MULTI—LANE APPROACHES , SETBACK BASED ON ENGINEERING DESIGN. White (3) USE MELD LINE FOR Yield LineUNCONTROLLED CROSSINGS, STOP LINES FOR CONTROLLED CROSSINGS. CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS NO. 02581 -1 NONE FOR PEDESTRIAN CROSSINGS FEB. 1996 STANDARD DRAWING (TYPE "A" CROSSINGS) Revised April 2013 1' 2' 24" White Stop Line School Crossing -2� c 8' Typical ..............:: .....--.. ........................................................................ NOTES: _ (1) THE LOCATION OF THE CROSSWALK LINES ARE DEPENDENT UPON LOCATION OF THE SIDEWALKS. (2) USE YIELD LINE FOR UNCONTROLLED CROSSINGS, STOP LINE FOR CONTROLLED CROSSINGS (SEE STANDARD DRAWING 02581-1) CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS NO. 02581 -2 NONE FOR SCHOOL CROSSINGS FEB. 1996 STANDARD DRAWING (TYPE "B" CROSSINGS Revised April 2013 r• 3 A REDUCER WIN UNDISTURBED EARTH TEE TEE (Plugged) BEND STANDARD DIVEIISIONS FOR THRUST BLOCKWG F1771NG Mrs dt PLUGS 96*BEND 4:'aWD de WTES REDUCERS.22 p�A&D SIZES A B A B A B A B 4' 1'-7' 1=2' 1=9` 1'-6' 1°-8' 0°-10" V-7" o-e 6' 2-0" a=11' 2-5' 2-2' 1=10' 1=7' 1-9' 0'-10' 8` 2'-8' 2'-6' 3'-2' 3'-0" 2'-5' 2-1' 3'-D" 2'-9' 2°-2' 1°-11� 12' 4'-0'" 3"-10' 4'-8' 4=8' 3"-8' 3'-3' 2°-7' 2"-3' 14' 5-51" 3-ID' 6-6' 4'-11' 4'-8' 3'-5' 3=5' I 2'-5" METRIC DIMENSIONS FOR THRUST BLOCKING F77L'N�G TEES&PLUGS90°BEND 45°BEND d: WWSREDUCERS IleBEND A B A B A B A B 10cm 0.5m 0.4m 0.5m 0.5m 0.5rn 0.3m ass 0 2m 15cm 0.6m 0,6m 0.7m 0.7m 0.6m a5m a5m 0.3m 20= 0.8rra 0.6m 1.0m 13 9m 0.7m O°6m 0.5m D.5m 25= 1.0m 1.Om 1-2m 1.2m 0.9m 0.8m 0.7m 0.6m .30cm 1.2m 1.2m 1.4m 1.4m LIM 1.0m O.Bm 0.7m 36cm 1.6m 1.2m 2.Om 1.5m 1.4m a.0m 1,0m 0.7m NOTE 1. S TABLES RE BA D O BIM P. (PRESSIRE MAIN PRESSURE 2.WRAP ALL FMING5 WTH PaL7E7i•IYLENE 00 REVISED: 12 27/95 MONTANA PUBLIC WORKS SCALE- THRUST BLOCKING STANDARD DRANWG STANDARD SPECIFICATIONS NONE FOR WATER MAIN FITTINGS NO.02660-1 NO VERTICAL REQUIREMENT -d '--WATER MAIN SEWER 10'00m�IN. 1Q 2Q PARALLEL ARRANGEMENT L L L 2 L 2 EXISTING PIPE N 1 MIN.fl NEW PIPE � #FPIPE XISTING 1$- M,t�O I 4.5 ®7(3� EW PIPE CROSSIINGS 5 NOTES: 1@ SPECIFIC MONTANA DEPART. OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL IS REQUIRED FOR A DISTANCE LESS THAN 10 FEET(3m) BETWEEN WATER MAIN AND GRAVITY SEWER. NO EXCEPTION TO THE MIN. SEPARATION REQUIREMENT IS PERMITTED WHEN THE SEWAGE CARRYING PIPE IS A FORCE MAIN. AT CROSSINGS, ONE FULL LENGTH OF WATER MAIN PIPE SHALL BE LOCATED SO THAT BOTH JOINTS WALL BE AS FAR FROM THE FORCE MAIN AS POSSIBLE. ® LESS THAN 18 INCHES(O.5m) OF SEPARATION IS PERMITTED WHEN THE GRAVITY SEWER AT THE CROSSING IS MADE FROM A SINGLE 20 FOOT(6.1m) LENGTH OF AWWA PRESSURE PIPE AND THE CROSSING ANGLE IS APPROXIMATELY 90 DEGREES. SPECIFIC MONTANA DEPART. OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL IS REQUIRED FOR A VERTICAL SEPARATION OF LESS THAN 16 INCHES(0.5m) BETWEEN WATER MAIN AND SANITARY SEWER ® 'L' IS A STANDARD LENGTH OF PIPE AS SUPPLIED BY A PIPE MANUFACTURER. tJ5 ADEQUATE STRUCTURAL SUPPORT FOR PIPES AT CROSSINGS SHALL BE PROVIDED. REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: WATER AND SEWER MAIN STANDARD DRAWNG STANDARD SPECIFICATIONS NONE SEPARATION NO.02660-2 REBAR ANCHOR 0 � D I d eQ O d-• c a d QQ d JA Q4 .o c. CONCRETE ANCHORS i 6� NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO. 50 COATING OR EQUAL. THRUST BLOCK DIMENSIONS 100 PSI 1 SO PSI 200 PSI 250 PSI 300 PSI 9xe ` A B C A B C A ® C A B C A B C 2'-a z'-o'z'-a'2'-0'z'-o' 2°-o 2:'"2'-0'2'- i 2 10" 2'-0'z'-0 r-o•z'-6 z'-0 z'-o z'-g" i2 " 2'-3"2'-0 2'-0 3'-0 3'-0 2'-8 3'-5"3'-0" 1 14"" 2'-3'2•-0 2•-0'3--5 3'-0 3'-0 4`-6'3'-0'3'-0'4'-0 4'-0'4'-0 4-S 4•-0 g-0 1 B 16' 3'-0 3'-0 3'-0 4'-4 3•—�D 3'-0 4'-1"d-0"4'-0'S'-7 4'-0 1 4 is 3°-8' 3'-0 3"-0'S'-5 3'-0 3'-0 5-1"4-0'4'-0"6"-4 4"-0 4° o 5•-4 5"-0 V-0 3 B• .24"' 4'-4 4'-0 4'-0 6'-5 4'-0 4'-0 6'-6 5°-0'5'-0" 6•-5 V-0 6'-a 7'—e 6°-a 6'—o NOTE: Pressures shown above ore maximum working pressures in system. THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPECIFIED BY THE ENGINEER. MEGA-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCKS_ THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES CITY OF BOZEMAN SCALE: THRUST BLOCKING FOR NO. 02660-3 STANDARD DRAWING NONE WATER MAIN VALVES DEC 2003 8'— 0" MAX. 3'— 0" MIN. INSTALL PLUMB WITH TO BACK OF CURB PUMPER NOZZLE FACING STREET NEW HYDRANT, M i SUPER CENTURNITURION 250 OR WATEROUS PACER MIN. 4'— 0" CLEAR ALL AROUND (TREES, HEDGES, BUSHES, ETC.) ADJUSTABLE SCREW ELEVATIONS AS SHOWN TYPE VALVE BOX ON PLANS OR 0.2' WITH LID ABOVE TOP OF CURB GRADE GROUND LINE r� UNDISTURBED a \�' EARTH //\�� MIN. 6.5 COVER //'�\���' :-.f_ _.1.?..j`�1.. "..`tit Y.`•C. *CONCRETE THRUST BLOCK ` _ TO MAIN LINE A��?:':il,Liti_n l .v<t�. `:ir1 _.h1ct��.�'i rw:•``Yti"'. � rr r��`_�a!'a:'c``-i�.. 1�: tti.�I!.w°'� ...� ti_r _.aL_ �1?:.Y.tin\t:�1-1�.Cb:'. _�a ^• j.+.:l_ _�.X�. / :y l _ _ r r-c`_ 'rt� mr'' .ti Y4 - t •' JOINT AS REQUIRED FOR \\\/ �� r.��,..ter' -.-;:,._� a.�;`.V: ,.:_:�:.�."�_;�,-:.e•��'""_ PIPE SPECIFIED �1 `-.. '' L�`' e<�.-'i�ti>t�^af.J:u�':�`-_.sj�... �i `i�i`��•.4:._ .�.:.Gr�:ar NEW 6" AUXILIARY GATE VALVE MIN. 1/2 CUBIC YARD WASHED GRAVEL FLANGE JOINT *MEGA—LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCK CITY OF BOZEMAN SCALE: FIRE HYDRANT NO. 02660-4 STANDARD DRAWING NONE FEB 2008 PROPFJRTY LINE 2' MIN.' VARIABLE" -FIRE HYDRANT ................. . ...... ........ ...--.. ..... .......... ........................... .... .. ....... SIDEWALK':- - ................ .. ....... ......... ........... .......... .... .......... ..... WATER MAIN CURB & GU17ER CURB WALK DETAIL .............. PROPERTY LINE ................................. rCURIl & GUTTER ............... ........... I........................ ............ ............. FIRE HYDRANT r VARIABLE 3' MIN. VALVE WATER MAIN 5. L (TYP-) BOULEVARD WALK DETAIL CITY OF BOZEMAN SCALE: HYDRANT LOCATION NO. 02660-5 STANDARD DRAWING NONE DETAIL Dec 2003 1' FINISH GRADE CURB BOX VALVE 'BOX TOP SECTION 8'M1N MUELLER S- 28 TRP9�"T COUPLING WITH GALVANIZED OR BRASS CAP i 6.5' MIN COPPER SERVICE LINE 2" COPPER SERVICE LINE 1/4 BEND COMPRESSION 2 COUPLING 1/8" DIAMETER 1 3 4 4URB STOP L CORPORATION STOP PROVIDE1f8" DIAMETER DRAIN HOLE WATER MAIN CITY OF BOZEMAN SCALE: TYPICAL BLOWOFF NO. 02660-7 STANDARD DRAWING NONE Dec. 2003 UNDIS URBED EARTHY(TYP.) CONCRETE THRUST BLOCK (TYP.) • .,,�. ;. ,,: MJ GLAND MJ GLAND .d D.I. MJ DJ, D.I. PIPE TEE PIPE PIPE MJ VALVE - D.I. MJ GLAND PIPE - ® 3J4" MIN. CORROSION RESISTANT ALL THREAD RESTRAINING ROD, CONFORMING TO ASTM A242-81. MJ VALVE INSTALLED IN HALF THE AVAILABLE MECHANICAL JOINT BOLT HOLES (TYP.) WHERE NECESSARY, CLAMPING LUGS (ROMAC "DUCTILE LUG' OR EQUAL) DESIGNED TO FIT DUCTILE IRON (D.I.) RIPE, AND CONFORMING MJ GLAND TO ASTM 536-80 MAY BE USED IN CONJUNCTION D.I. WITH THE RESTRAINING RODS. PIPE CITY OF BOZEMAN SCALE: TYPICAL VALVE/TEE NO. 02660-10 STANDARD DRAWING NONE RESTRAINT DEC 2003 ALL FITTINGS S BE MECHANICAL JOINT WITH 3/4-- ROMAC "DUCTILE LUGS" OR EXISTING SEWER PIPE TIE RODE IN EVERY EXISTING MAIN w OTHER AVAILABLE BOLT HOLE. APPROVED EQUAL MAY BE 3 USED TO FACILITATE THE ROD INSTALLATION. z '.r BACKFILL WITH #4 REBAR ANCHOR RODS a. WITH BITUMINOUS COATING ' ° ��\ BEDDING MATERIAL min. CONCRETE THRUST BLOCK (SIZE DETERMINED BY ENGINEER) � �,�\�`• \.. .a. IN /•d as ; �\ /\\/ �\'"/� \ t' "MEGALUG" OR "UNI—FLANGE" JOINT RESTRAINTS MAY BE a °• 'e e `--- CONCRETE THRUST BLOCK (AS PER SUBSTITUTED FOR TIE RODS " L a MPW STANDARD DRAWING 02660-1 THRUST BLOCKS NOTE: POLYETHYLENE E14CASEMENT ON ALL DUCTILE IRON PIPE AND FITTINGS AS SPECIFIED. CITY OF BOZEMAN SCALE: WATER MAIN CROSSING NO. 02600-11 STANDARD DRAWING NONE BELOW EXISTING SEWER MAIN DEC 2003 NEAREST FOUNDATION - TQ CURB stop CURB STOP AND BOX [WALL 'w I SEE DETAILS JA& B BELOW WATER MAIN 63' MIN. COVER I i L WATER SERVICE LINE STUB (SEE STANDARD DRAWING WATER SERVICE LINE-- I DRAWING 02660-6) INSTALLED By CUSTOMER (SERVICE APPLICATION & PLUMBING PERMIT REQUIRED) NOTE: METER SIZED SAME AS INCOMING LINE—NO EXCEPTIONS. FOUNDATION BACKFLOW PREVENTION ASSEMBLY WALL (AS REQUIRED) 1'MIN./2' MAX SERVICE LINE ANGLE STOP - 1 1 /2 MAX70 DOMESTIC JrM � BACKFLOW PREVENTION Fl[Tt`RES 1 ASSEMBLY(AS REQUIRED) M FOUNDATION TO OOMEsnc WALL 111 FIXTURES DOWNSTREAM \ •' SHUTOFF •* -- DOWNSTREAM 1' MIN., SHUTOFF+t 2' MAX METER' "• FLOOR 1 MIN- ANCLE STOP OR STRAIGHT STOP - *METER SAME SIZE AS INCOMING LINE-NO EXCEPTIONS, METER MUST CONNECT DEVICE ECTL TO ANGLE OR STRAIGHT STOP AND QUARTER-BEND COUPLING BACKFLO (1 1/2" & 2-SERVICES ONLY) **DOWNSTREAM SHUT OFF VALVE MUST BE SEPARATE FROM BACKFLOW DEVICE DETAIL B DETAIL A TYPICAL FLOOR PENETRATION (N.T.S.) TYPICAL WALL PENETRATION (N.T.S.) (CRAWL SPACE) INSTALLATION REQUIREMENTS: 1. WATER SERVICE LINE INSTALLATIONS SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF BOZEMAN WATER SUPERINTENDANT. 2. SERVICE LINES SHALL BE TYPE K COPPER FOR 3/4% 1", 1 1/2% AND 2" SERVICES. SEE STANDARD DRAWING NO. 02660-12 FOR 4" AND LARGER DOMESTIC SERVICE LINES. SERVICE LINES BETWEEN 2"AND 4' ARE NOT ALLOWED. 3. STRAIGHT COPPER TUBING SHALL BE USED FOR 1 1/2-AND 2"SERVICES. 4. SERVICE LINES SHALL BE BEDDED 3" UNDER AND OVER THE PIPE WITH SAND. NATIVE MATERIAL MAY BE USED AS BEDDING IF IT CONFORMS TO THE REQUIREMENTS OF MONTANA PUBLIC WORKS STANDARD DRAWING 02221-2 AND DOES NOT CONTAIN ANY MATERIAL LARGER THAN 3/4". S. PROVIDE FLEXIBLE, WATER TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATIONS. 6. METERS SHALL BE INSTALLED BY THE CITY WATER DEPARTMENT AT CUSTOMERS' EXPENSE 7. NO SERVICE LINE SHALL BE BACKFILLED UNTIL IT WAS BEEN INSPECTED AND APPROVED BY THE WATER DEPARTMENT. B. CONTACT CITY OF BOZEMAN WATER DEPARTMENT FOR APPROVED LIST OF COPPER CONNECTIONS. 9. WATER SERVICE LINE MAY BE REDUCED TO A SMALLER SIZE THAN THE WATER SERVICE STUB. REDUCTION MUST RF MADE WITHIN 18" OF CURB STOP. 10. METER, BACKFLOW PROTECTION, AND INCOMING SERVICE LINE MUST ALL BE THE SAME SIZE. CITY OF BOZEMAN WATER SERVICE LINE SCALE: N0. 02660-15 STANDARD DRAWING NONE FROM CURB STOP TO BUILDING Dec. 2003 (LINES 2" AND SMALLER) Rev. April 2006 60 R.O.W. N X IrrP.) I 3�' 19, (rm WATER a' SEWER w i. k h W Q PROPERTY LINE 1. WATER MAINS LOCATED 19' FROM THE NORTH OR WEST RIGHT-OF-WAY PROPERTY LINE FOR STREETS 35' IN WIDTH OR GREATER. WATER MAINS LOCATED 5.5' WEST OR NORTH OF STREET CENTERLINE FOR STREETS LESS THAN 35" IN WIDTH (BACK OF CURB-BACK OF CURB) 2. WATER SERVICE STUB LOCATED AT CENTER OF LOT; SEE C.O.B. STANDARD DRAWING NO. 02660-6 FOR DETAILS. 3. WATER MAIN VALVES LOCATED AT PROPERTY LINE. 4. SEWER MAINS LOCATED ON STREET CENTERLINE FOR STREETS 35' IN WIDTH OR GREATER. SEWER MAINS LOCATED 5.5' EAST OR SOUTH OF STREET CENTERLINE FOR STREETS LESS THAN 35' IN WIDTH 5. SEWER SERVICE STUB LOCATED 15` UPSTREAM FROM DOWNSTREAM PROPERTY LINE. 6. WATER & SEWER MAIN CROSSING; SEE M.P.W. STANDARD DRAWING NO. 02660-2 FOR DETAILS. 7. HYDRANTS LOCATED 5' FROM VALVE OR ON PROPERTY LINES EXTENDED FOR MID-BLOCK LOCATIONS. CITY OF BOZEMAN SCALE: WATER & SEWER MAIN AND NO 02660-16 STANDARD DRAWING NONE SERVICES LOCATION Dec. 2003 STANDARDS - FINISHED WALLS FINISHED WALLS 1 DOWNSTREAM DOWNSTREAM z SHUTOFF _z SHUTOFF BACKFLOW DEVICE BACKFLOW DEVICE METER METER ANGLE STOP ANGLE STOP 12" MIN CLEAR 6" MIN CLEAR - 3/4" AND 1" COPPER SERVICES 1 1 /2" AND 2" COPPER SERVICES PLAN VIEW PLAN VIEW FINISHED WALL 4- FINISHED WALL �Q J U U Z_ Z ANGLE STOPBANGLE STOP FINISHED FINISHED MIN FLOOR 1' MIN 2' MAX FLOOR 2' MAX SERVICE PIPE SERVICE PIPE 3/4" AND 1" COPPER SERVICES 1 1/2" AND 2" COPPER SERVICES PROFILE VIEW PROFILE VIEW NOTE: PROVIDE FLEXIBLE, WATER-TIGHT SEAL FOR ALL FLOOR PENETRATIONS CITY OF BOZEMAN SCALE: WATER SERVICE NO. 02660-17 STANDARD DRAWING NONE INTERIOR CLEARANCES APRIL 2005 INLET CASTING NEENAH R-3067—L, 4" MINIMUM, EJIW 7030. OR 7" MAXIMUM DEETER 2047L, OR OPENING D & L 1-3517 5/8" SMOOTH ROD CENTERED IN OPENING (EXCEPT FOR EJIW 7030) FLAT TOP 6 24" SQUARE" °- OPENING c d 36" R.C.P. ASTM C-76 CLASS 2 G a � d' BLOCK OUT FOR a CY INLET PIPE cr a Q a: 9" SUMP a d' c a Y 4" 6" PRECAST BASE 44" 0-D. CITY OF BOZEMAN SCALE: 36" STANDARD NO. 02720-1 STANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003 Rev. March 2006 INLET CASTING NEENAH R-3067-L, EJIW 7030, OR DEETER 2047L, OR AL D & L 1-3517 TRANSITION CURB & GUTTER TO MATCH INLET CASTING (TYPICAL FOR ALL INLETS) * :e: PRECAST CONCRETE, M-3000 OR C-3000 VARIABLE (3' MIN.) 3'-0" NO. 4 BARS AT 12" CENTERS r MAX., SPACED EQUALLY r6 �--- (TYP.) FRONT VIEW 4" MINIMUM, 7" MAXIMUM OPENING 4 5/8" SMOOTH ROD CENTERED IN OPENING (EXCEPT FOR EJIW 7030) 1" MAX OFFSET ALLOWED FOR CASTING BACK PIECE ADJUSTMENT VARIABLE iR 2'-0" q. CURB AND GUTTER TO BE WARPED TO MATCH INLET.9„ DESIGNERS WILL PROVIDE ADDITIONAL BLOCK OUT FOR ` DESIGN DETAILS TO FIT SPECIFIC OUTLET PIPE CONDITIONS. 12" RCP (Typ.) fin 3' 0 SIDE VIEW CITY OF BOZEMAN SCALE: STANDARD SQUARE NO. 02720-1A STANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003 Rev MAR 2006 4" MINIMUM, 7- MAXIMUM OPENING 5/8'?IA SMOOTH INLET CASTING ROD ENT RED IN OPENING C (EXCEPT FOR EJIW 7030) .01 NEENAH R-3067-L, EJIW 7030, 6' FLAT DEFTER 2047L, OR SLAB COVERD & L J-3517 OPENING 4' DIA. PRECAST REINFORCED CONCRETE MANHOLE AND BASE, AS PER STANDARD DRAWING NO. 02720-4 4-0 9, MIN_ 77 ,/-ONE EXTRA BAR IN BOTTOM (ALL SIDES) 24" FLAT SLAB COVER REINFORCEMENT AS PER 36" STANDARD DRAWING 02720-6 CITY OF BOZEMAN SCALE: COMBINATION MANHOLE AND NO. 02720-IB STANDARD DRAWING NONE CURB INLET DEC.2003 REV: MAR, 2006 Standard casting & cover Frame and cover to be either D & L A-1172 ring with A-1178 Cover, EJIW 3371/ 3772 series,, or approved equal. Covers shall have two 1 pick holes. I Flat slab cover Adjustable rings, . 2" min., 12" max. NOTE: All joints between manhole sections, manhole ring & top section, and around sewer pipe into manhole shall be water- 24" or J tight. Jointing material shall be "Ram—Nek" 27" 0 enin or equal for all joints except between M P 9 sewer pipe and manhole wall. N O •: M N Manhole steps at o3. 16" centers Precast reinforced concrete manhole riser and cover manufactured in accordance y 0 with ASTM designation C-478. o+c C O O O U n .2 As required o 0 O s n ' U 0 Ca Cutouts as required N 7 y _O 0 a `7 m ¢ 7 0 Q O N CO U 0 Q y �d y b A Channel = dia. of pipe A Precast or poured—in—place base. Poured—in—place base, minimum Radius of concrete thickness below pipe is manhole 8 inches. Precast base, minimum Slope at I"per foot Channel to full thickness is 6 inches. pipe depth. NOTE: Storm drain manholes shall Dia, of sewer r pipe '•: not have formed channels and the ••j lowest pipe invert shall be 9" higher than bottom of manhole. SECTION A—A CITY OF BOZEMAN SCALE: STANDARD STRAIGHT NO. 02720-4 STANDARD DRAWING NONE MANHOLE DEC. 2003 REV: MAR 2006 FLAT BLADE STREET NAME REGULATORY SIGN BLANK AS PER SIGN BLANKS MUTCD STANDARDS, SIZE AS MOUNTED 'BACK TO ` SEE SECTION SPECIFIED ON PLANS .BACK ON POST O3B10 2.2 FOR �SOGN SIZES � I — 2' MIN. MIN, 1 O' 2" PREFORATED SQUARE TUIBE POST (TELSPAR OR APPROVED EQUAL) 7' MIN. I ATTACK SIGNS TO POST WITH DRIVE RIVETS (MIN. 2 PER SIGN) STREET MARKER SIGN REGULATORY SIGN 2" PREFORATED SQUARE TUBE o /POST (14 GAUGE) FASTEN POST TO SLEEVE WITH his' CORNER BOLT m (A325) 1 X" ABOVE FINISH GRAGE. INSERT BOLT FINISH GRADE—\ 2" HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT. INSERT DRIVE RIVET INTO OPPOSITE SIDE. 4" .+ ". 2 A' X 30" 12 GAUGE NON—PREFORATED " SQUARE TUBE SIGN POST SLEEVE (TELSPAR "QUIK PUNCH" OR APPROVED EQUAL) ALL SLEEVES AND SIGN 24" POSTS SHALL BE INSTALLED INSERT SIGN POST 1 B" INTO SLEEVE PLUMB. M-4000 CONCRETE ANCHOR 9" �1 SIGN POST FOUNDATION DETAIL CITY OF BOZEMAN SCALE: SIGN INSTALLATION NO. 09810-1 STANDARD DRAWING NONE STANDARDS AUG. 1994 Revised 6/2002 CROSSWALK STREET 9'TYP. MARKER SIGN 5' 2' MIN CLEARANCE FROM FACE OF CURB TO EDGE OF SIGN CITY OF BOZEMAN SCALE: TYPICAL STREET No. 09810-4 STANDARD DRAWING NONE MARKER SIGN Sept. 2002 LOCATION CITY OF BOZEMAN GUIDELINES FOR UTILITY OCCUPANCY ON PUBLIC RIGHT-OF-WAY Chapter 12.12 of the Bozeman Municipal Code gives the Director of Public Service the authority to regulate public rights-of-way.The following guidelines are to be used in regulating utility or utility-like facilities that are proposed to occupy public right-of-way under the jurisdiction of the City of Bozeman.This document can also be used by utility and non-utility companies as guidance when proposing to locate their facilities in public right-of-way. In case of conflict between these guidelines and state laws concerning utility occupancy of public right-of-way, state laws shall take precedence. Definition of a Utility: A utility is defined by State laws, Section 69-3-101 MCA, 69-13-101 MCA, and Sections 35- 13-101 through 35-18-503 MCA. When there is a question whether a facility is a public utility, request a legal opinion from the City Attorney. When Occupancy Permits Are Required: - New installations of utilities - Major modifications to existing facilities -Any change in type, function, or physical location of a facility When Occupancy Permits Are Not Required: - Normal repair and maintenance operations on an existing facility -Substituting wires, which does not increase capacity - Installing additional capacity in existing conduit systems that does not change the nature or operational conditions or the original facility. - Replacing a pole in the same location of a pole removed for maintenance purposes. - For the installation, maintenance, or replacement of publicly-owned and maintained water, sanitary sewer, and storm sewer facilities. Approval Process: The applicant must submit the completed permit form and an adequately scaled and dimensioned plan view of the proposed occupancy to the City Engineer. The plan must show the following: . -the type of installation, i.e. 200 pair telephone, - distances from centerline and distances to the right-of-way, .- distances from existing utilities or other facilities or features, - nearest cross-streets to the proposed installation, and - depth of cover for proposed buried utilities. If the installation is not started within six months after the permit is issued, the applicant is required to submit another permit for approval. The Engineering Department should act on 1 the permit within 30 days of receiving it. If a permit is denied, based on sound engineering judgment,the applicant may re-submit the application after making any required corrections. Installation of Aboveground (Facilities Such as Cabinets, Poles, Closures, etc,.: A public utility can install an aboveground facility in public right-of-way, as long as the facility does not inconvenience, hinder or endanger the public in the use or maintenance of the roadway or bicycle and pedestrian facilities. All aboveground structures shall be located a minimum of 10 feet frog n any water, sewer, or storm drain lines. Occupancy by a. Non-Utility: Cable television facilities, because they perform a public service,are allowed to occupy public right-of way under an encroachment permit. When permitted,the cable company must meet all of the conditions required for a utility occupancy, including placement:and traffic control. Occupancy by other non-utility facilities may be allowed by encroachment permit only. Overhead Installations-Longitudinal Overhead facilities should be installed at the outer edge of the right-of-way,behind the City's standard sidewalk location, or a minimum of 2 feet behind the face of the curb. Pones should not be placed within the standard sidewalk location,which is one to six feet from the right-of- way line. Downguys must have a minimum vertical clearance of 7 feet above existing or future sidewalks. Overhead.Crossings - Should have a minimum vertical clearance of 21 feet. -Should be at right angles to the roadway. Open Trench Roadway Crossings Open cuts of arterial roadways should be avoided. If pushing or boring has been demonstrated to be impractical,the following are requirements when open cuts are permitted: -A Street Cut Permit must be obtained. -The open trench shall be filled, compacted, and open to traffic before the end of the work day unless otherwise approved by the City Engineer. - If the street is paved, the asphalt shall be replaced as soon as possible. When weather conditions do not permit the use of hot mix, cold mix or Class M1-3000 concrete shall be used and replaced with hot mix as soon as available, but no later than 30 days after the batch plant re-opens for the season. The depth of the asphalt patch shall match the existing pavement depth, but shall be not less than three (3) inches compacted depth. -.The permittee will be responsible for maintenance of the hot mix patch for one (1) year from the installation date. If the permittee does not perform the repair within 5 working days of written or verbal notification,the City may make the repair and charge the permittee. 2 - All work zones shall be signed in accordance with the Manual of Uniform Traffic Control Devices during utility installation, street patching, or patch replacement. Non-shrink(flowable fill) Backfill If required, the following are guidelines for the use of non-shrink backfill: - Should be poured to the final surface grade. -Allowed to set a minimum of three (3) hours curing time prior to allowing traffic. - Four(4) inches removed prior to patching. - Should be of a consistency to fill all voids without excess water. - Requires no tamping or vibrating. - Use the following non-shrink formula: Ingredients Weight/C.Y. Cement- 0.45 sack 42 lbs. Water - 39 gallons* 325 lbs. Air(entrained) - 1.5'% Course Aggregate (I" max.) 1700 lbs. Sand (ASTM C-33) 1845 lbs. 3912 lbs. *Note: Start with 30 gallons of water or less and add more if necessary. Bored, Pushed, or Trenchless Technology Crossings: -All crossings should be a minimum of 42 inches below grade. - Crossings should be at right angles to the roadway. - If pavement upheaval or settling results from the crossing within two years of completion of the work,the pavement shall be repaired by the permittee within 5 days of notification. A Street Cut permit must be obtained prior to beginning repairs. -Potholing of all crossings of water, sewer,or storm drain lines shall be done to ensure no damage is done to these lines during trenchless installations. Longitudinal Installation of Underground Facilities For new developments, installation of facilities in the right-of-way is discouraged. Utilities should be placed outside of the right-of-way in either front yard or rear yard easements. Where no reasonable alternatives exist,facilities may be permitted in the right-of-way. The facilities should: - Be placed in conduit. - Be a minimum of 30 inches deep. - Manholes and valve boxes should be located outside of the wheel path. -Manholes should be placed where entrance to the manhole for maintenance will not obstruct traffic. -Above-ground structures should be placed in the boulevard a minimum of two feet behind the face of the curb, but not within the City standard sidewalk alignment. - Should have a minimum horizontal separation of ten feet from any sewer or water mains. Fiber Optic Cable -Should be placed within six feet of the edge of the right-of-way, unless authorized by the City Engineer. - Should be placed in conduit- - Should be placed 42 inches deep. - Must have a warning tape 18 inches above the cable. Natural Gas, Electrical, and Communication Installations: - Should be placed a minimum of 30 inches deep - Should have warning tape 18 inches above the installation Traffic Control and Safety Part VI of the Manual of Uniform Traffic Control Devices contains the national standards for work zone traffic control. All work zones must be signed in accordance with these standards_ A traffic control plan must be approved by the City Engineering andlor Street Departments for all operations that result in the closure of one lane or more of traffic. All materials and equipment must be kept out of vehicle lanes open to traffic. Material stored in the right-of-way must be clearly marked with lighted Type 11 barricades or other approved warning devices. Open trenches must be either covered (plated) or otherwise adequately protected at the end of the work shift. Open trenches must be protected with a temporary fence or other acceptable barriers. Equipment working on or near the roadway should have visible amber flashing lights. Cleanup and Restoration Cleanup of the installation shall be to an original-like or better condition. Changes in the Roadway/Right-of-Way Use If widening, reconstruction,or other improvements of the roadway(including but not limited to pedestrian facilities or public sewer,water, or storm drainage facilities)necessitate relocation of facilities with a utility occupancy permit, the utility shall be relocated at no expense to the City of Bozeman. 4 Availble Materials: J � - v/HDPE i Riser Rated ® Plenum L5HF overenvet� :I Rip card x2 Outer Diameter a Micloouct 20 AWG Insulated Copper wire vING REVIEW I- BOZEMAN ��' MICRODUCT INFO FOR 74VAY. �1EcRING DEPT OD/ID mm MIN ID rnm/in 22/16 15.5/0.61 RTION TAKEN 18/14 13.610.54 X,C0pFaE{;TIC}N NOTED 16/13 12.8/0.50 RESUBMIT 15111.76 11.54/0.45, 14/10 9.8/0.39 A:, L1%11TED 1-0 GENERA]_, I.M1':.t :�1iTH CUWTpAC 7 DOCIlIJiLIVT! 7/10 9:8/0.39 �miw TO DESIGN CONCEPT D18 7.9f0.31 CmANTITIES. FABRICATIOA, 1P AND OTHER ITEMS C '5d6. 5.910.23 i RESP'ONSIUILIffV WERE NO, -- 7/5.5 5.4/0.21 ,�.��3.5 3.4/0.13 0i . •) • r rrr, r + Pull Streiril 22116 2.62 0.050 0.869 26 52 5,001 18/14 2.0812.27 0.070 0,656 21 /23 42146 3,522 18/14(Thicker 05) 2.33 0.100 0.743 23 46 3,998 16/13 1.86/2.03 0,070 0.477 19/20 38140 2,530 16/13(Thicker 05) 1.91 /2.08 0.100 0.550 19121 38142 2,962 16/11.76 1.86/2.03 0,070 0.593 19120 38140 3,171 16/11.76(Thicker OS) 1.92/2.09 0.100 0.671 19/21 38/40 3,597 14/10 1,62/1.77 0.050 0.465 16/18 32136 2,474 14/10(Thicker OS) 1.72/1.87 0.100 0.579 17/19 34/38 3,096 12.7/10 1.51 /1.64 0.070 0,360 15/17 30/34 1,926 12.7/10(Thicker OS) 1.56/1.70 0.100 0.424 16/17 32/34 2,264 10/8 1.18/1.29 0,050 0.204 12113 24/25 1,080 8.5/6(No Locate) 1.04/1,13 0.060 0,207 11 /12 22124 1,112 7/5.5 0,930 0.050 0.116 9 18 633 5/3.5(No Locate) 0.62/0.67 0.040 0.075 6/7 12114 409 Unsupported Bend Radius guidelines should be followed during the installation process.The Supported Bend Radius are post-installation measurements.