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Home My WebLink About18- Construction Specifications and Contract Documents - Omdahl Excavation and Utilities, Inc. - 2018 South Tracy Avenue Reconstruction Project CONSTRUCTION SPECIFICATIONS CONTRACT DOCUMENTS FOR THE CITY OF BOZEMAN 2018 SOUTH TRACY AVENUE RECONSTRUCTION PROJECT . MARCH •4 { 2018 RON +� Prepared By: 46" City of Bozeman Engineering Division 20 East Olive Street P.O. Box 1230 Bozeman, MT 59771 „a Ph. (406) 582-2280 fj4W T Fax (406) 582-2263 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. f t CITY OF BOZEMAN, MONTANA 2018 SOUTH TRACY AVENUE RECONSTRUCTION PROJECT March 2018 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 Additive Alternate Special Provisions Section 260519—Low-voltage Electrical Power Section 260526—Grounding and Bonding Section 260533 —Raceways and Boxes Section 262816—Enclosed Switches and Circuit Breakers Section 323113 —Chain Link Fences & Gates Section 323119—Decretive Metal Fences & Gates Measurement and Payment APPENDICES Standard Drawings Existing Manhole Log ` Limits of Disturbance CITY OF BOZEMAN, MONTANA CALL FOR BIDS NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: 2018 South Tracy Avenue Reconstruction Project Separate sealed bids for construction of City of Bozeman 2018 South Tracy Avenue 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 28, 2018 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. Wednesday, March 28, 2018. 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 South Tracy Avenue from Olive Street to one half block south of Harrison 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 project shall also include utility work on South Tracy Avenue from Babcock to Olive, including: installing new water, sewer and storm drainage pipe in this block, and restoring the street with hot mix asphalt 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 $70.00 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, 2018. Interested CONTRACTORS are encouraged to attend. Section 00100 INVITATION TO BID Page 1 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 28, 2018. 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 4th day of March, 2018. Robin Crough City Clerk, City of Bozeman Published Bozeman, Montana, March 4, 2018 March 11, 2018 March 18, 2018 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 2018 SOUTH TRACY AVENUE 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 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 the 1 INSTRUCTIONS TO BIDDERS 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,6' 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, aad 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.....................MPWSSBound 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 Technical Specification...................MPWSS, COB MODS, & Bound Herein Appendix A—Standard Drawings...........Bound Herein Existing Manhole Log...................Bound Herein Limits of Disturbance.....................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 locallaws,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. Only proposals contained within bound copies of the Contract Documents obtained directly from the City will be considered. 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 4 INSTRUCTIONS TO BIDDERS Bozeman, MT 59771-1230 The envelope shall also contain the following information: Name of Project: CITY OF BOZEMAN 2018 SOUTH TRACY AVENUE 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 28, 2018. 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. ONLY PROPOSALS CONTAINED WITHIN BOUND COPIES OF THE CONTRACT DOCUMENTS OBTAINED DIRECTLY FROM THE CITY WILL BE CONSIDERED. 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. 5 INSTRUCTIONS TO BIDDERS 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. 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. BIDQUANTITIES Bidders must satisfy themselves by personal examination of the locations of the 6 INSTRUCTIONS TO BIDDERS 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, 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 7 INSTRUCTIONS TO BIDDERS Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. 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 reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder,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,OWNER 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 allotice 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 8 INSTRUCTIONS TO BIDDERS 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 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. Only proposals contained within bound copies of the contract documents obtained directly from the City will be considered. 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 9 INSTRUCTIONS TO BIDDERS 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. 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 Title 18, Chapter 1, 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 2018 SOUTH TRACY AVENUE 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 2018 SOUTH TRACY AVENUE 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 175 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 contract. 1 BID FORM 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 South Tracy 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. Unit Estimated Total Estimated Item Description Unit Price Quantity Price 101 Taxes, Bonds, Insurance L.S. iloovc" 1 Z/0G,0" 102 Mobilization L.S. 10voo- 1 vo- - 103 SWPPP Submittal L.S. �3oca, 1 8Uvo 104 SWPPP Implementation L.S. i i;&os - 105 Unclassified Excavation Above C.Y. 16 6,871 Subgrade i U 3 106 Remove Existing Concrete Curb L.F. 5 6% 5,451 a .5 n' Remove Existing Concrete 107 Sidewalk Ped Ramps, and Drive S.F. 3" 5,952 & Alley Approaches Geotextile Separation Fabric w/ S.Y. 108 15% overlap 1�' 13,415 141 7 S 6.5o 109 3" Minus Uncrushed Subbase C.Y. aqq 3,888 1 - 110 1" Minus Crushed Base Course C.Y. 35 1,944 6 : 0 0 111 Asphalt Concrete Pavement 3" S Y 10,197 41,;�786 Thickness 112 Concrete Curb and Gutter L.F. 15 5,314 2.34 113 Concrete Vertical Curb L.F. lb 6 48 �Q Ped Ramps, Drive and Alley 114 Approach, and Sidewalk (6" S.F. _ 5,050 Depth) 115 Concrete Fillet &Double Gutter S.F. 1 o 598 80" 116 Concrete Sidewalk 4" Depth S.F. 1 - 1,275 00 F'�a 117 ADA Detectable Warning Panel S.F. 5 5 - 256 i`l v b o 118 At Grade Crosswalk S.F. J y - 768 i C_' 7 �. 119 Trench Restoration L.F. a 6 1,388 - q v 0 120 4"Asphalt Surface Restoration S.Y. a,).- 1,475 3; y5 v 121 4" Sch 80 PVC Utility Conduit L.F. 570 650 122 Site Restoration and Sod L.S. 16000 w 1 /` 0"0 3 BID FORM Placement 123 Topsoil Excavation in Boulevard CY j6" 50 124 Traffic Control L.S. d.5000- 1 - 125 2" Square Tube Metal Posts LF 10 455 126 2.5" Square Tube Metal Posts LF 1'1; 24 127 Aluminum Signs S.F. 3 37 130 128 Preformed Plastic Pavement L F Y 224 - Marking—White (8") �yQ 129 Preformed Plastic Pavement 354 Marking—White (24") L.F. 9 Epoxy Pavement Marking—Curb 130 Top &Face Gal � 22 131 Preformed Plastic Tape Sharrow Symbol EA 4 132 Speed Sign & Electrical Work L.S. ray _ I � � 133 Construction Staking L.S. 3 Z"L' 1 3 z coo 134 Exploratory Excavation Hour 3 00 _ 10 3 0 n o 135 Miscellaneous Work Each $1.00 50,000 $50,000.00 TOTAL SCHEDULE 1 BID (TOTA�SCII�EDA��D �IUTT�ENW�OIZD Schedule 2: Replacement of existing water mains,valves, fittings and appurtenances in South Tracy Avenue including cross street connections. Unit Estimated Total Estimated Item Description Unit Price Quantity Price 201 Connection to Existing Main Each l 000 - 10 l 0000 202 4" MJ Gate Valve w/V.B. Each ),i o' 2 ';1700 203 6" MJ Gate Valve w/V.B. Each 7&oo' 1 1600 204 8" MJ Gate Valve w/V.B. Each j Soo 14 ;t z 205 12" MJ Gate Valve w/V.B. Each 3S00 _ 2 '7060- 206 14" MJ Gate Valve w/V.B. Each g vo o , 2 207 8" x 6" MJ Reducer Each For, 2 1 00v 208 12"x 10" MJ Reducer Each -`7 Do- 1 209 8" x 6" MJ Tee Each &v o ' 4 7 � _ 210 8" x 4" MJ Tee Each 2 ►3�, 4 BID FORM 211 1 12"x 8"MJ Tee Each 2 az�� 1 212 8"MJ Tee Each )v 2 7 36v' 213 14"x 8" Cross Each 1`700- 1 1900 214 Existing Hydrant Connection Each Soo ._ 3 /00 y 215 4" CL 51 D.I.P. L.F. !;S 13 7/5 216 6" CL 51 D.I.P. L.F. 5 S 14 7 90 217 8" CL 51 D.I.P. L.F. 65 2,058 13-5 218 12" CL 51 D.I.P. L.F. (80" 117 cl 3e� 219 14" CL 51 D.I.P. L.F. 12o ' 60 7,2 Service reconnection Win trench 220 limits 2" diameter and smaller Each c 40 Z 6 avo Service reconnection outside 221 trench limits 2" diameter and L.F. 360 smaller 55 222 Service reconnection 4" diameter Each , 7 3& larger �"` ` ©o I> _ 223 Install Expansion Tank and Each - 2 Backflow Preventer 224 Fire Hydrant 6.5' bury Each b 7 v o- 1 s 7�c7 i225 Remove Existing Hydrant Each C,3 Sao' 1 0©' "- 226 Insulation L.F. o v 2,200 a Zoo co 227 Temporary Water System L.S. y,2_o oo- 1 ya o 00 228 Type 2 Pipe Bedding C.Y. 41 n" 50 9,t7oo" 229 Imported Backfill Material C.Y. H 0- 50 x a.00 j 230 Locate &Repair Sewer Service Each W 5-®_ 10 (owc> 231 Miscellaneous Work Each $1.00 10,000 $10,000 TOTAL SCHEDULE 2 BID $ ell (TOTAL SCHEDULE 2 BID - WRITTEN WORDS) 5 BID FORitiI Schedule 3: Installation of new sewer mains,manholes,and sewer services in South Tracy Avenue including cross street connections. Unit Estimated Total Estimated Item Description Unit Price Quantity Price 301 Remove Existing Manhole Each iZco 7 302 8" SDR 35 PVC Sewer Main L.F. go" 2,955 !,q'7 75o" 303 8" SDR 26 PVC Sewer Main L.F. VS 305 it,`7?6 - 4' Dia. Basic Manhole 5'-0" 304 De th Each ��, 10 305 4' Dia. Additional Manhole V.F. ®� 31.5 Depth `s 306 4" SDR 26 Sewer Service Each 84 - Connection 307 4" SDR 26 Sewer Service L.F. yc` 1,221 /v 308 Bypass Pumping LS 1 � �� 309 Miscellaneous Work Each $1.00 10,000 %10.000 TOTAL SCHEDULE 3 BID $_13N V° � (TOTAL SCHEDULE 3 BID - W TEN WORDS) Schedule 4: Installation of new storm drainage pipe,manholes,and inlets in South Tracy Avenue. Unit Estimated Total Estimated Item Description Unit Price Quantity Price 401 Remove Existing Storm Sewer Each Inlet `' 30 jv i� l 402 Remove Existing Storm Sewer Each b Manhole `s 5 ' 403 Remove Existing Storm Sewer L.F. z� Pipe bj 404 12' SDR 35 PVC Storm Sewer L.F. 806 Pipe 405 15' SDR 35 PVC Storm Sewer L.F. ,1879 Pipe ��:3!��' v 406 18" SDR 35 PVC Storm Sewer L.F. 5 S - 724 3-1 &)x 6 BID FORM Pipe 407 4' Diameter Storm Sewer Manhole Each 3 000 12 34 408 5' Diameter Storm Sewer Each - 2 00� Manhole �'�`� 409 Standard Storm Drain Inlet Each 21 4' Diameter Combination Storm Each 6 Cl 410 Manhole/Inlet 3,5'0 i 411 Connection to Existing Storm Manhole Each /000 1 412 Miscellaneous Costs Each $1 10,000 $10,000 TOTAL SCHEDULE 41iID $ r '� Nt j (TOTAL SCHEDULE 4 M - WFATTEN WORDS) Additive Alternate #1: Removing existing stairs, sidewalks, fencing and concrete plazas and constructing new stairs, retaining walls, railings, fencing and concrete plazas and installing site furnishings at Longfellow Elementary School.Construction of new storm drain connections and washed rock basins. Unit Estimated Total Estimated Item Description Unit Price Quantity Price 501 Remove Existing Concrete S.F. 10 ✓ 2,600 Paving 502 Remove Existing Concrete Stairs L.S. 503 Remove Existing Ornamental L.F. Fence 100 � 0 504 Remove Existing Chain Link L.F. 30 Fence 505 Remove Existing Flagpole Each l o o n 506 6" Storm Drain Service Line L.F. S 0 507 24" Standard Riser Inlet Each q v u 508 Washed Rock Pit for Roof Drain Each 2 509 4" Roof Drain Inlet Each %4 00 A 2 510 4" PVC Roof Drain Lateral Pipe L.F. q 0 y 80 no 511 Integral Color Concrete S F 1,820 3 00 Pavement BID FORM 512 1 Natural Grey Concrete Pavement S.F. 1 ti 2,402 3G 030 513 Flagpole Each. 1 41000 514 6' Bench Each. 15'00 2 3 000 515 5' Tree Grate Each 3 o vv 2 1 moo 516 84" Ornamental Steel Fence L.F. 2-eh - 32 lNbo- 517 48" Ornamental Steel Fence L.F. i 5o 81 I al-5,0 518 48" Chain Link Fence L.F. '76 ' 49.5 3 1,711 519 8' Ornamental Steel Double Gate Each Jo°c' 1 b 000 520 5' Ornamental Steel Single Gate Each 2.S o v " 1 521 8' Chain Link Double Gate Each 2 so o 1 522 CIF Concrete Retaining Wall L.F. ;�- 2-5" 61 1 7� 523 CIP Concrete Header L.F. 7o - 15 os v 524 CIP Concrete Stairs L.S. i5ovo ' 1 ud 525 2" O.D. Pipe Steel Hand Rail L.F. 5o 26 13 0 0- 526 2" O.D. Pipe Steel Guard Rail L.F. 50 . 64 3 1:0a - 527 4"PVC Irrigation Sleeve L.F. 0 300 3 c Ov TOTAL ADDITIVE ALTERNATE 1#BID v $ a (TOTAL ADDITIVE ALTERNATE 1# SCHEDULE BID - WRITTEN WORDS) TOTAL COMBINED SCHEDULE 1, 2, 3 & 4 BID 1 1 n7`JL1.�/D7 iY1L�2CL/;�/�d /�i�il l/Y1/3 ��L1, ' •0 'S/llgl �� `�' (TOTAL COMBINED SCHEDULE 1, 2, 3 AND 4 BID - VMT EN WORDS) 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 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. 8 BID FORM The undersigned Bidder acknowledged receipt of the following Addenda,which have been considered in preparation of this Bid: No. Dated 7-0 I8 No. Dated No. Dated Submitted this day of / ✓�-�` , 2p18. SIGNATURE OF BIDDER: Montana Contractor Registration Number a r1®& If an individual: doing business as If a Partnership: by partner If a Corporation: Oyvi d e,,Ll ��cw,. ��'�. d�C( ;jidje5 1,uc (a) � by Title P.�z 5 rh Attest; Business Address of Bidder: 54- kJ plan kal�cll 07 If Bidder is a joint venture, other party must sign below: g BID FORM NON-DISCRIMINATION AFFIRMATION FORM Epe, [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 [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: 1 Person authorized to sign on behalf of the bidder 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 28,2018 Description:2018 South Tracy Avenue Reconstruction Project City of Bozeman, Montana BOND Bond Number: 947158 Date (Not earlier than Bid due date): March 28,2018 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 Omdahl Excavation&Utilities, Inc. .(Seal) The Ohio Casualty Insurance Company (Seal) Bidder's Narne and Corporate Seal Surety's Name and Corporate Seal By: 62 By: , / -- Stre Signature(Attach Power of Attorney) A a rl 4 / Bryan D. Hall Print Name Print Name Attorney-in-Fact Ti`t Title Att Attest: Aigne rci Stoppel -ignat j 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. EJCDC 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. 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable,consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from 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 suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier,or by United States Registered or Certified Mail,return receipt requested,postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term`Bid"as used herein includes a Bid, offer,or proposal as applicable. 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. 5279338 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. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless 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 Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,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 MONTANA 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 binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this PowerofAttomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 291h day of March 2012 9+ - American Fire and Casualty Company �) N L�t, gk �f<, The Ohio Casualty Insurance Company N O �r� t Liberty Mutual Insurance Company d CL nt mar a�a sir iwAi i - I C r � r f Peerless Insurance Company N a ;* n / 1 �c /r West American Insurance Company 0 Ui ,G O By: tC Gregory W.Davenport,Assistant Secretary +:L STATE OF WASHINGTON ss O COUNTY OF KING — 0 t� as On this 29th day of March 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and -CO) p Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being !j M authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 Q II y 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. Q M 0 p ` ao 4 = By: K/V KD Riley,Nota Public 3 N CL O This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and dutlionzations of American Fire and Casualty Company,The Ohio Casualty Insurance c N Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: -6 IIO � m Oc a; 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 �>, O C to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, .a 3 E d 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 '�m IIO to 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 >.+a "- L 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 = C 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. 00 �>, +`O- 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, IIO O and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, _ Z v seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their v o 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 t0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attomey-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 biding 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,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 28 day of March ,20_.$_. ? r� `' ✓yi 4 P� If > L U�.`` e' '"�1 '• !`'Lr r B ' 4� y. LF;t i SEA, t>_ David M.Carey,Assistant Secretary ,dC�w� POA-AFCC,LMIC,OCIC,PIC&WAIC LMS_12873_012012 p NOTICE OF AWARD Dated: •Ape L �01� TO: Omdahl Excavation&Utilities,Inc. ADDRESS: 659 Morning Mist Road,Manhattan,MT 59741 PROJECT: 2018 South Tracy Avenue Reconstruction Project CONTRACT FOR:2018 SOUTH TRACY AVENUE RECONSTRUCTION PROJECT You are notified that your Bid opened on March 28,2018, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: 2018 South Tracy Avenue Reconstruction Project. The Contract Price of your Contract is: Two Million Three Hundred Thirty Three Thousand Six Hundred Ninety& 00/100 ($2,333,690.00). Four(4)copies of each ofthe proposed Contract Documents(except Drawings)accompany this Notice of Award. 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 OWNERto 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: CVA r J — (ACTING CITY MANAGER) (CITY CLERK) : DATE: y G'yt•• aa3 •• �� TIN CO AGREEMENT FORM THIS AGREEMENT is dated as of the _�L day of Mom_in the year 2018, by and between CITY OF BOZEMAN, hereinafter called OWNER, and oMbAN,_ %c.A%%nV*J &- hereinafter called CONTRACTOR. UTILMCS, i'K.. 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 South Tracy Avenue from Olive Street to one half block south of Harrison 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 project shall also include utility work on South Tracy Avenue from Babcock to Olive, including: installing new water, sewer and storm drainage pipe in this block, and restoring the street with hot mix asphalt 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: 2018 South Tracy Avenue Reconstruction Project, City of Bozeman . Article 2. CONTRACT TIME. 2.1 The Work will be completed within 175 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 seven hundred dollars($700.00)for each day that expires after the time specified herein until the Work is substantially complete. For the section of work on South Tracy between College Street and West Story Street,OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER seven hundred dollars ($ 700.00) for each day after August 26, 2018 that expires when this section of the work is not substantially complete. I 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 t 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 five hundred dollars ($ 500.00) 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 Two �Mxyu%iq l'Hia rr TNREE rm"J4^6 ($ S)x IVINETy, ZJ 333�490.0-� 4 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: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract 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 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). 7.12 Appendices 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. 7.23 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 parry 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 party 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. i IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL&) (ATTEST) Title f - (JOINT VENTURE) II B (SEAL&) y (ATTEST) Title City of Bozeman WNER) By (CITY MANAGE ) (SEAL&) (ATTEST) B oz", APPROVED AS TO ORM: • ��'•, 1883 •�� lq?'IN C O �Zo� . (CITY ATTORNEY) p c:\wpdocs\forms\agreef m.mrg PERFORMANCE BOND I Any singular reference to Contractor,Surety, Owner,or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name, and Address o/'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 (Name and Address): City of Bozeman, Montana PO Box 1230 Bozeman, MT 59771 CONTRACT 5/`I//S r Effective Date of Agreement: Amount: $2,333,690.00(Two Million Three Hundred Thirty Three Thousand Six Hundred Ninety Dollars and 00/100) y Description (Name and Location): 2018 South Tracy Avenue Reconstruction Project MCity of Bozeman, Montana BONI) Bond Number:67S200881 5/y/� Date(Not earlier than Effective Date of Agreement): Amount: $2,333,690.00(Two Million Three Hundred Thirty Three Thousand Six Hundred Ninety Dollars and 00/100) Modifications to this Bond Form: NA Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below,do each cause fthis Performance Bond to be duly executed by an authorized officer, agent,or representative. CONTRACTOR AS PRINCH"AL SURETY Omdahl Excavation&Utilities Inc. (Seal) The Ohio Casualty Insurance Company (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal Byc�.o �4 By: � Si r-laturc Signature(Attach Power of Attorney) il LJ Bryan D. Hall PrWit Name Print Name Attorney-In-Fact & 'Title I it(e Attest- Attest: yG� �._ at a Signature arci Stoppel - Surety Account Manager Title JTitle Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond i Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 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. 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 diSCLISS methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed areasonable time to perforin. 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 1 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 the 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 befault; 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. 'Fo 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 Ptrformonce Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5A 'I'lie 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. 8. 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 Contra ctor 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 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 law bond. 11. Definitions, 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Conti-act after all proper adjustments have been made, including allowance to Conti-actor 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 rernedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INI"ORMATiON ONLY—(Name, Address and 7elephone) Surety Agency or Broker: First West, Inc., 1905 Stadium Dr., Bozeman, MT 59715,406-587-5111 Owner's Representative(E*ngineer or other paro): FQCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 PAYMENT 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(Amine and Address): Keene, NH 03431 City of Bozeman, Montana PO Box 1230, Bozeman, MT 59771 CONTRACT Effective Date of Agreement: Amount: $2,333,690.00(Two Million Three Hundred Thirty Three Thousand Six Hundred Ninety Dollars and 00/100) Description (Name and I,ocativn): 2018 South Tracy Avenue Reconstruction Project City of Bozeman, Montana BOND Bond Number:67S200881 Date (Not earlier than Effective Date of Agreement): Amount:$2,333,690.00(Two Million Three Hundred Thirty Three Thousand Six Hundred Ninety Dollars and 00/100) Modifications to this Bond Form: NA 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. (Seal) The Ohio Casualty Insurance Company (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal fa y: -- By: - Si mature Signature(Attach Power of Attorney) n,.1 Bryan D. Hall I' 'Prrii t"N�a'rne Print Name Attorney-In-Fact Title. Title Attest: ,P44 Attest: Signature Signature Marci Stoppel Surety Account Manager Title 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-?of 3 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 perfoiTnance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be nit]] 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 makes 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 performe d 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 fUrtli-,IliT)g the above notice any communication from Contractor by which Contractor had indicated the claim will be paid 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. T 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. 8. 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. IFJCDC C-615 Payment Bond Prepared by the EngincersJoint Contract Documents Committee. Page 2 of 3 - 9, Surety shall not for obligations of Contractor that are unrelated be liable to Owner, Claimants, or others 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 payrnents 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 commen ced 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 (lie notice required by Paragraph 4.1 or Paragraph 4,23, 9 Z1_r or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by 111Y011e 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. 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 law 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 Conti-act. 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 ei which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreernent 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 terms thereof. FOR INFORMATION ONLY--(Name,Address, and Telej)hone) Surety Agency or Broker: First West, Inc., 1905 Stadium Dr., Bozeman, MT 59715,406-587-5111 Owners Representative(Engineer or other): FJCDC C-615 Payment Bond 11reparcd by the engineers Joint Contract Documents Committee. Pave 3 of 3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5279339 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. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless 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 Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,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.BENNErr TYLER P.DELANEY, WILLIAM R.PRICE,DEBBIE DUNEMAN,DONNA K.TUCEK,MARK COLLINS,BRYAN D.HALL. ............................................................................................................................................................. .............................................................................................................................................................................................................................................................................................................................. all of the city of BOZEMAN ,state of MONTANA each individually if there be more than one named,its true and lawful attorney-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 binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this PowerofAttorney has been subscribed by an authorized officer or official of the Companies and the corporate seals ofthe Companies have been affixed thereto this 29th day of March 2012, \aSP C NMER American Fire and Casualty Company a rn _ , A — tis*ti�� _c4� The Ohio Casualty Insurance Company N q onecn�r o Q oa car t' ^ n° r RPQAq NI o F v F IN n7fiPCNATeD D rF Liberty Mutual Insurance Company d m � Sf=,Ai SEAiC o '" 4901 S. SEAI, Peerless Insurance Company N Y vj ��p�C ca�Q` °,�k�oHtoTaeboA 5 lGyq e*Q�" West American Insurance Company 3 G rY RASE ENE hCE Ca G By: �r^7 G oX M STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary C O COUNTY OF KING — O v On this 29th day of March 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and �+U) p Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being 0)W M authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C E CL 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. Q M e' IL/U CiL O _ ;rrr,rav By: y G KD Riley,Nota Public 3 O O ; ' y i :" ` d G This Power of Attorney is made and executed pursuant to and by authority of the following By-laws andQijfli`orizations of American Fire and Casualty Company,The Ohio Casualty Insurance c N Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: w II0 d ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized far that purpose in writing by the Chairman or the President,and subject , O.e to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, E 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 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 >-0 II� 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 .00 4 v 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. ++ L2 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, ;�CC i II 0 v and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, G 00 CD seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their v 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 0 r executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attomey-in-fact as maybe 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 biding 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,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a ful, copy of the Power ofAttomey executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20_ ' 9 LanPorc�rfi �a e �,nPa2lre ym r � � sp�Pa�� <� n m cetonrtr a 1fl1 By: y S E AJ- � 8I2` I. Y � SEA F, $ David M.Carey,Assistant Secretary s Az e onto �� t '1�1'Y E,�et, S'd kK.AnsrcKs 't'EEFdE, � NGE G4�` POA-AFCC,LMIC,OCIC,PIC&WAIC LMS 12873 012012 -�� OMDAEXC-01 MSTOPPEL ACOR D` DATE(M WDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/18/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marcl Stoppel, CISR First West,Inc. PHONE 1 FAX P.O.Box 1800 (A/C,No,Ext):(406)922-6030 (A/C No):(406)587-9162 Bozeman,MT 59771 ADDRIESS,mstoppel@1stwestinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B:Montana State Fund 15819 Omdahl Excavation&Utilities,Inc. INSURER c: _ 659 Morning Mist Rd INSURERD: Manhattan,MT 59741-8556 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS -R T ADDL SUBR --- ..-- _- — —--- - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I p yyVp POLICY NUMBER p p LIMITS A , X :COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR EPP 0024533 05/15/2016 05/15/2019 DAMAGE TO RENTED 500,000 X PREMISES Ea occurrence $ MED EXP(Any-one person $ 10,000 _ PERSONAL&ADV INJURY $ 1,000,000 IE�G_E_N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY u JECT u LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident _ $ X ANY AUTO X EBA 0024533 05/15/2017 05/15/2018 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ A X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 __ -- EXCESS LIAB CLAIMS-MADE X EPP 0024533 05/15/2016 05/15/2019 AGGREGATE g 1,000,000 j DED I X RETENTION$ 0 $ B WORKERS COMPENSATION X ER STATUTE ORH AND EMPLOYERS'LIABILITY Y/N 032643520 07/01/2017 07/01/2018 500,000 OFFIANY PROPRIETOR/PARTNER/EXECUTIVE I N/A E.L.EACH ACCIDENT $ (Man RlMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Leased/Rented EPP 0024533 05/15/2016 01/15/2019 Limit 200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Rerrarks Schedule,may be attached if more space is required) Byron&Bev Omdahl are excluded from Workers Compensation coverage. Re:2018 South Tracy Avenue Reconstruction Project Certificate holder,Owner,and Engineer and Engineer's Conisultants are additional insured for General Liability,provided requirement is part of a written agreement currently in effect,per conditions and limitations of policy form GA233MT 05-10 available upon request. Certificate holder is additional insured for Auto Liability,provided requirement is part of a written agreement currently in effect,per terms and conditions of policy form AA101 03-06 available upon request. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bozeman&State of Montana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1230 Bozeman,MT 59771-1230 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:OMDAEXC-01 MSTOPPEL LOC#: 1 A O ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED First West, Inc. Omdahl Excavation&Utilities,Inc. 659 Morningg Mist Rd POLICY NUMBER Manhattan,111IT 59741-8556 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 ISEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Certificate holder is additional insured for Umbrella Liability, provided requirement is part of a written agreement currently in effect, per terms and conditions of policy form US101 UM 12-04 available upon request. 45 Days cancellation notification provided per terms and conditions of policy form IA4087 08-11 available upon request. Contractural Liability is provided per terms and conditions of policy form GA101 12-04 available upon request. 1 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 COMMITTEE and Issued and Published Jointly by ACEC Asti AICAN COUNCII OF LNGINURING COAIPANIFSA sal �� cart SCEAmerican Society National Society of of Civil Engineers Professional Engineers Professional Engineers In Private Practice A IERICAN 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 lov CONSTRUCTION SPECIFICATIONS INSTITUTE F.JCDC 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. Continents 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 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 101.5 15th Street N.W.., Wasbington, DC 20005 (202) 347-7474 www.acec.or� American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20 1 9 1-4400 (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.org 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 _ �T Copyright©2007 National Society of Professional Engineers for EJCDC. All rights 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...................................................................99 10 3.05 Reuse of Documents................................................................................................................... 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...................................................................................................................I 1 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 Article5—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©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 6.02 Permits.........................................................................................................................................27 6.0^> La•rrs allu R d6ulaiiulla.................................................................................................................28 6.10 Taxes ...................................................................................................................................... ....28 6.11 Use of Site and Other As•eas........................................................................................................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 Article7 -Other Work at the Site...................................................................................................................3.5 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 Cons�uction Contract- Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. PWu 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.........................................................................................................................49 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—Miscellaneon..................................... ........ .. ........ .. ..... ............ ... . ..... ..._.... _.... ..... .... —61 17,01 (;ivinty,Nntire .. ..............................................................................................................61 17.02 Computation of Times ........................... ................62 17.03 Cuinulauve 1\umeoles............................................I....................................................................62 17.04 Survival of Obligations...............................................................................................................62 17.05 Controlling Law..........................................................................................................................62 17.06 Headings......................................................................................................................................62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. ------ ---- -- ---- Page iv — ARTICLE 1—DEFINITIONS AND TERNIINOLOGY 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. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument 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. All rights reserved. Page 1 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. 13. 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 ready for final payment as evidenced by Engineer's v,,ritten recommendation of final payment. 15. Contractor—The individual u1'cfaity with wfium owner leas entered into the Agreement. 16. Cost of the Work—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 perfonned 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 signed 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 requires 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; Laws or Regulations—Any and all applicable laws, rules,regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having,jurisdiction. 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. Ali 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 anv other Subcontractor for the performance of a part of the Work at the Site. 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 the 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: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of 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. Page 5 of 62 E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location)ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials,or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. A. NVhen "fiirrish," "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 Delivery 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 2.04 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 fast 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. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent ,k. 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 Documents or from prevailing custom or trade usage as being required to produce the indicated result will 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 Standards 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 Work: 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 1. 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 rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 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 furnished 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 days, after which the receiving party 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©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. 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 famishing 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 Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 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 the 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 comnutment 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 made 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, 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 or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: 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: l. 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 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 whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor 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 tale-Work, and-(ii) was-not created by Contractor or by anyone for whole 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. I. 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 5—BONDS AND INSURANCE 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"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent 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©2007 National Society of Professional Engineers for EJCDC. All 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 Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occiirrence hasis, 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; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 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 0 2007 National Society of Professional Engineers for EJCDC. Ali 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. Page19 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 certificate 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 Paragraph 5.06 to protect the 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 others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts,each may purchase and maintain it at the purchaser's own expense. 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 Rights 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 (acid the officers, dircctors, menibers, partners, employees, 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 shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any 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. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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.B. 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 party does not purchase or maintain all of the bonds and insurance required of such party 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 parry'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,Acknowledgment 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 on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'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 circumstances. 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. Page 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 related 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 determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength,-and-design characteristics;-- - - - -- EJCDC C-700 Standard General 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. 2. Substiruie Itents: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under 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 will 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. Contractur shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 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 6.05.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 6.05.13.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-employany-Subcontractor, Supplier;or otherindividual-or-entity (inc4uding those acceptable to Owner as indicated in Paragraph 6.06.13), 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 Contract 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 perform 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 with 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 revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of anv 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: i. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any 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©2007 National Society 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 permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners,employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design,process,product,or device not specified in the Contract Documents. 6.08 Permits 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 Work 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 General 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 Laws 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 shall not he Contractor's responsibility to make certain that the Specifications and Drawings are in accordance. with I aws 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 Claim 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. All 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 conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site 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 Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, 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 14.073 that the Work is acceptable (except as otherwise expressly provided 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. All 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 reraflve to Confractor's responsili 'es off- 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 @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review 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 timely review of Shop Drawings and Samples in accordance witb the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to detennine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means,methods,techniques, sequences, or procedures of construction (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. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 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. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal 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 Engineer's officuis, dfie turn, inembers, paiiuers, employees, agents, consultants and subcontracturs arising out of. 1. the preparation or approval ot, 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 Copyright©2007 National Society 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 in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 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; �. the-sl3ecific-rnatters-to-be-c-overed�"ch-authority and responsibility wilLbe itemized;-and— -- 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions 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 7.0LA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0 LA 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 other 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. 8.0') Furnish Data 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 13.03.13. 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 furnish 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 6.13.1). 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-obtai� such vfsitsand-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 visits 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 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 fr r -Any failure of Contractor to comply ,vith 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 EiCDC 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 other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 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 any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's 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 10.01.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-sneer--and-the-other--party-to the Contract nay-(but-in-no-event-latex-Haan-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 Claim 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 written statement that the adjustment claimed is the entire adjustment to which the claimant 'believes it is entitled as a result of said event. The opposing party 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 last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim 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 10.05.1) will be final and binding upon Owner 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. Costs 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 ding, unloading, assemb y, 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. All 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 by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have ,,.�sulted iiuiii uauscs unlit,- diau the ltcgligencc 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 services, 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 anti 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.O1.A.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 pant 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©2007 National Society of Professional Engineers for EJCDC. All rights reserved. —-- T--- — 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 11.0LA. C. Contractor'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 11.0l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 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 or , 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. Page 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 nn ndjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Wuil, peifuiiiicd by Cuuua�iu, differs mateiialiy 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 TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed 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 11.03); 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 11.01) 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 Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.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 12.01.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 11.0 LA.I and 1 l.0I.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.A.4, 11.0I.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.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., act, of God, acts or failures to act of utility owners not under the control of Owner; or ntber pauses not the fault of a-nd beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays 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 EJCDC. 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 furnish 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. N 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 theAVork-in-question,-furnishing-alLnecessar_y_labor,_materiall, 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 uncovering, exposure, observation, inspection, testing, replacement, and reconsUuction. If the parties are unable to agree as to the amount or extent thereof, Contractor way snake a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, 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 6.1 LA 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 l 3.07,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 a amount thereof;Owner may m e a Claim there or 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©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer 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, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (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 entitled 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 Copyright©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 in 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 payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise,direct,or control the Work,or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work,or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to deternune 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 subsequent inspections or 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: I. Ten days after presentation of the Application for Payment to Owner with 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 Owner's 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 will deliver to Owner and Contractor a written recommendation as to division of respui►sibilities 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, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. 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. AD 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 RevieN,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 General 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. Payment Becornes Due: 1. Thirty days after the presentation to Owner 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 Work 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 furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due fur 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 snaking 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 Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by 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 May Terminate 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 15.02.13, 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 Society of Professional Engineers for EJCDC. All 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 15.02.13 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 r,-tontion or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the uxtent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 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 items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 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 May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) 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©2007 National Society of Professional Engineers for EJCDC. Ali 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 same 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 sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 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 10.05.13 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—MISCELLANEOUS 17.01 Giving Notice A. Whenever any_�rovision 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 Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies 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 Survival 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 survive final payment, 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. EJCAC C-700 Standard General Conditions of the Construction Contract Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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: 2.0l.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 I1.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, . 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.3: 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 - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.0 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 materials delivery or occupy 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 Poperations opefatiens 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 Injury: 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- 5.04.13.5 CANCELATION NOTICE Amend paragraph 5.04.13.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended paragraph 5.04.13.5 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: A, Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 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 physical loss and damage to the Work, temporary buildings, false 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 6 of 13 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 S: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 will be acceptable to Engineer as providing 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 party 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, I 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 11.03.13.1 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 more of the Contract Price which is the total sum of all 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 storage will b e deducted from subsequent payments. Beginning with the second 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.I.a. through 14.02.D.k.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 C 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 14.02.13.1.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 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 1 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. All 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 through portions of work not yet completed by Contractor If the 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 DISPUTE 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 2018 Effective: January 27, 2018 Steve Bullock, Governor State of Montana Galen Hollenbaugh, 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 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 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. GALEN HOLLENBAUGH Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date cfPublication . 3 B. Definition of Heavy Construction -------------------------------------. 3 C. Definition of Public Works Contract .... ........................... ......................................................................... 3 O. Prevailing Wage Schedule .................... -- ...................................................... ................................. 3 E. Rates hu Use for Projects ---------------------------------------- 3 F. Wage Rate Adjustments for Multiyear Contracts ------------------------------ 3 G Fringe Benefits --------------------------------------------. 4 H. Dispatch City -------------------------------------------. 4 iZone Pay ----------------------------------------------' 4 J. Computing Travel Benefits ............................................. .......................... ............................... ............ 4 K. PerOiam ----------------------------------------------.. 4 L. Apprentices ---------------------------------------------' 4 M. Posting Notice cf Prevailing Wages ---------------------------------- _ S N. Employment Preference ----------------------------------------. 5 {l Projects ofo Mixed Nature ............................................... .......................................................... ............................... 5 P. Occupations Definitions VVebaba -------------------------------------------- 5 O. Welder Rates ....................................................... ....... ..................................................................... 5 R. Foreman Rates -------------------------------------------. 5 WAGE RATES: BOILERMAKERS ............... ................. .................... .................................................................................. G BRICK, BLOCK, AND STONE MASONS ................................. ................................ ........................................ 8 CARPENTERS .......... ....................................................................................................................... ....... S CEMENT MASONS AND CONCRETE FINISHERS ------------------------------' 7 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ......... ..................... —.............. .......................................................................... 7 OPERATORS GROUP 2 -----------------------------------------. 7 OPERATORS GROUP 3 -----------------------------------------. 8 OPERATORS GROUP 4 -----------------------------------------. 8 OPERATORS GROUP 5 -----------------------------------------. 8 OPERATORS GROUP G -----------------------------------------. 8 OPERATORS GROUP 7 -----------------------------------------. 0 CONSTRUCTION LABORERS LABORERS GROUP 1 .... Q LABORERSGROUP 2 ................................ ................................................. — .................................... 9 LABORERS GROUP 3 .... .... ...... .... ......................... ............. ........ .........— .................. .......... —.... 10 LABORERS GROUP 4 -----------------------------------------. 10 DIVERS ............. ........................ ...................................... —................................................................... 10 DIVERTENDERS ............... .......-- ...................................... ............ .................................................... n ELECTRICIANS ---------------------------------------------------- 11 HEATING AND AIR CONDITIONING --------------------------------------------' 11 INSULATION WORKERS' MECHANICAL (HEAT AND FROST) ------------------------- 12 | -STRUCTURALSTEELANDREBARPLACERS -----------------------. 12 LINE CONSTRUCTION EQUIPMENT OPERATORS -----------------------------------.-----. 12 GRDUNDMAN ........... ...... ....................................................... .................. ........................................... 12 LINEMAN ---------------------------------------'--------- 13 MILLWRIGHTS ----------------------------------------------' 13 PAINTERS ---------------------------------------------------- 13 PILE BUCKS -----------------------------------------------' 13 PLUMBERS. P|PEFDTERS. AND STEAMHTTERS ------------------------------' 14 SHEET METAL WORKERS ----------------------------------------- 14 SOLARPHOTVOLTA|C INSTALLERS ------------------------------------------' 14 A.Date of January 27,2018 B.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 `higlnvay construction. ' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designedfor 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 treatmentplants (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 contract for 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 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.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 fu011 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 (f(a) and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of'wages, includingfringe benefits and travel allowances, applicable to the districtfor 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 from the following list which is closest to the center of the job:Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula." I.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 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: http://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 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 j Back to l able of Contents CARPENTERS Wage Benefit Zone Pay: $29.00 $13.07 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 6 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. j Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $26.41 $12.20 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. ? Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $27.20 $12.20 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; Backh oe\Excavator\S hovel, 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; Pum r .t \ rout 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 j Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $28.45 $12.20 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); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Beiiy-Dump; YO-YO Cat. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $29.45 $12.20 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\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. i Bach:to Toblc of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $30.45 $12.20 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: $31.45 $12.20 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: $32.45 $12.20 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 $9.99 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. >60 mi. base pay+ $4.85/hr. ? Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $24.40 $9.99 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. Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $24.54 $9.99 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 (excluding all surface preparation work for paint); Sod Cutter-Power and Tamper. j Bad,io Ta;IjL of Conleiit> CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $26.01 $9.99 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 $37.58 $16.14 0-30 mi. free zone Diving $75.16 $16.14 >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: $36.58 $16.14 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 $13.84 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. i Back to Table of Contents IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $24.54 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 Travel: $34.02 $14.41 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents LINE CONSTRUCTION —GROUNDMAN Wage Benefit Travel: $26.56 $13.56 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents 12 LINE CONSTRUCTION— LINEMAN Wage Benefit Travel: $44.41 $15.54 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $13.07 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. Duties Include: The following travel allowance is applicable when All surface preparation for paint. traveling in employee's vehicle: No free zone. $0.60/mi. Per Diem: $80.00/day T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $29.00 $13.07 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 -r)ppd and direction e. T Back to Table of Contents 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $35.16 $17.86 0-70 free zone >70 mi. Duties Include: E 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 ■ On jobs when employees work any number of also install heating and cooling equipment and consecutive days: $100.00/day. mechanical control systems. 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: a $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- a $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 SOLAR PHOTOVOLTAIC INSTALLERS Wage Benefit Travel: $32.74 $13.84 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-08 mi. free zone >08-50 mi. federal mileage rate/mi. in excess of the free zone. >50 mi. $66.00/day T Back to Table of Contents 14 TRUCK DRIVERS Wage Benefit Zone Pay: Pilot Car Driver $24.85 $9.42 All Districts Truck Driver $28.88 $9.42 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. Truck drivers include but are not limited to: >60 mi, base pay+ .$4.85/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. Back to Table of Contents 15 MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2018 Effective: January 27, 2018 Steve Bullock, Governor State of Montana Galen Hollenbaugh, 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 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 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. GALEN HOLLENBAUHG Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MMONTANA PREVAILING WAGE REQUIREMENTS: A. Date cfPublication ............ .............. .''..'. 3 B. Definition nf Highway Construction '..'.'—.'—.'---'..'...—'..''....—'.'.—'..'.''.'.'.......'.—'.---. 3 C. Definition of Public Works Contract -----------------------------------. 3 D. Prevailing Wage Schedule --------------------------------------- 3 E. Rates ho Use for Projects ---------------------------------------- 3 F. Wage Rate Adjustments for Multiyear Contracts ------------------------------ 3 G. Fringe Benefits --------------------------------------------. 4 H. Dispatch City ............. ..................... ......................................................... ............... ..................... � 4 iZone Pay ................ ............................... ............................ ............... ..........— ....... .......... ........... 4 J. Computing Travel Benefits --------------------------------------- 4 HiPer Diem ----------------------------------------------' 4 L. Apprentices ---------------------------------------------' 4 M. Posting Notice of Prevailing Wages -----------------------------------. 5 N. Employment Preference ----------------------------------------. 5 D. Projects ofa Mixed Nature ----------------------------------------------' 5 P. Occupations Definitions VVebobe -------------------------------------------- 5 O. Welder Rates ........... .......................................................................................-----------� 5 R. Foreman Rates ................................. ....... ................. — .................. ---------------� 5 WAGE RATES: BRICK, BLOCK,AND STONE MASONS ............ ............................ ................................................................. 8 CARPENTERS ............ ................................................ ................... ........----------------' S CEMENT MASONS AND CONCRETE FINISHERS ------------------------------' 8 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ..................................... '..'.......'...'..''.'.'..'...'..'. 8 OPERATORS GROUP 2 -----------------------------------------. 7 OPERATORSGROUP 3 — .................... --.............................................. --------------� 7 OPERATORS GROUP 4 -----------------------------------------. O OPERATORS GROUP 5 -----------------------------------------� 8 OPERATORS GROUP G ..................................... D OPERATORS GROUP 7 -----------------------------------------� 8 CONSTRUCTION LABORERS LABORERSGROUP 1 '.--'..'.''..'.''.'..''.'.—'.—'.'....'....—...--.''..''.'.--.'.......''. g LABORERSGROUP 2 ...... .....................................................— ....... ............ 0 LABORERS GROUP 3 ............. .................. --.................... .........------------------� g LABORERSGROUP 4 ...................... — ..................... ............................................................... .......... 10 DIVERS .... 10 DIVER TENDERS ---------------------------------------------. 10 ELECTRICIANS ---------------------------------------------- 11 IRONWORKERS' STRUCTURAL STEEL AND REBARPLACERS -----------------------. 11 LINE CONSTRUCTION EQUIPMENT OPERATOR ----------------------------------------' 11 GROUNOMAN ---------------------------------------------' 11 LINEMAN --------------------------------------- 11 MILLWRIGHTS ----------------------------------------------' 12 PAINTERS ...............................................................-- .................... ..................................... .............. 12 PILEBUCKS -----------------------------------------------' 12 A.Date of Publication January 27,2018 B.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, resin facing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails. " C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines"public works contract" as "...a contract for 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 ofprevailing 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 standard prevailing rate of wages, including fringe benefits 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 from the following list which is closest to the center of the job:Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula." I.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 shortestpractical 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 fi°inge 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: http://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 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. $65.00/day Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $29.00 $13.07 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: $23.87 $10.51 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 1 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: $26.99 $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: $28.58 $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 Wage Benefit Zone Pay: $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: --50 mi. ba6u Nay + $3.00/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). 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 i i_ CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $18.90 $9.15 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: $22.89 $8.70 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: $24.05 $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 FIVERS Wage Benefit Zone Pay: Stand-By $37.58 $16.14 0-30 mi. free zone Diving $75.16 $16.14 >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: $36.58 $16.14 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 $13.84 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 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $27.25 $24.54 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 Travel: $34.02 $14.41 No Free Zone $60.00/day T Back to Table of Contents LINE CONSTRUCTION —GROUNDMAN Wage Benefit Travel: $26.56 $13.56 No Free Zone $60.00/day T Back to Table of Contents LINE CONSTRUCTION— LINEMAN Wage Benefit Travel: $44.41 $15.54 No Free Zone $60.00/day T Back to Table of Contents 11 MILLWRIGHTS Wage Benefit Zone Pay: $32.00 $13.07 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 $13.07 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 TRUCK DRIVERS Wage Benefit Zone Pay: Pilot Car Driver $24.85 $9.42 All Districts Truck Driver $28.88 $9.42 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. Truck drivers include but are not limited to: >60 mi. base pay + .$4.85/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. p Back to Table of Contents 12 NOTICE OF AWARD Dated: TO: ADDRESS: PROJECT: CONTRACT FOR:2018 South Tracy Avenue 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: 2018 South Tracy Avenue Reconstruction Project. The Contract Price of your Contract is: Dollars Four(4)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. 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: 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 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 2018 South Tracy Avenue Reconstruction Project City of Bozeman, Montana Estimate No. - to 12018 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 2018 South Tracy Avenue Reconstructon Project CONTRACTOR: ENGINEER: City of Bozeman P.O.Box 1230 Bozeman,MT 59771 PAY ESTIMATE NO._ to 2018 QUANTITY COMPLETED AMOUNT EARNED PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE SCHEDULE1 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 Submittal LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 104 SWPPP Implementation LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 105 Unclassified Excavation Above Subgrade CY 6,871 0 0 0 $0,00 $0.00 $0.00 $0.00 106 Remove Existing Concrete Curb LF 5,451 0 0 0 $0.00 $0.00 $0.00 $0.00 107 Remove Existing Concrete Sidewalk,Ped SF 5,952 0 0 0 $0.00 $0.00 $0.00 $0.00 Ramps,Drive Alley Approaches 108 Geotextile Separation Fabric SY 13,415 0 0 0 $0.00 $0.00 $0.00 $0.00 109 3"Minus Uncrushed Subbase CY 4,082 0 0 0 $0.00 $0.00 $0.00 $0.00 110 1"Minus Crushed Base Course CY 2,041 0 0 0 $0.00 $0.00 $0.00 $0.00 111 Asphalt Concrete Pavement 3"Thickness SY 10,197 0 0 0 $0,00 $0.00 $0.00 $0.00 112 Concrete Curb&Gutter LF 5,403 0 .0 0 $0.00 $0.00 $0.00 $0.00 113 Concrete Vertical Curb LF 48 0 0 0 $0.00 $0.00 $0.00 $0.00 114 Ped Ramps,Drive&Alley Approaches, SF 5,050 0 0 0 $0.00 $0.00 $0.00 $0.00 &Sidewalk(6"depth) 115 Concrete Fillet&Double Gutter SF 598 0 0 0 $3.00 $0.00 $0.00 $0.00 116 Concrete Sidewalk 4"Depth SF 1,375 0 0 0 $0.00 $0.00 $0.00 $0.00 117 ADA Detectable Warning Panel SF 256 0 0 0 $0.00 $0.00 $0.00 $0.00 118 At Grade Crosswalk SF 768 0 0 0 $2.00 $0.00 $0.00 $0.00 119 Asphalt Surface Restoration SY 495 0 0 0 $0.00 $0.00 $0.00 $0.00 120 2"Mill&Overlay SY 1,018 0 0 0 $0.00 $0.00 $0.00 $0.00 121 2"Thickness Asphalt Concrete Pavement SY 1,018 0 0 0 $0.00 $0.00 $0,00 $0.00 Overlay 122 4"Sch 80 PVC Conduit LF 445 0 0 0 $0.00 $0.00 $0.00 $0.00 123 Site Restoration&Sod LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 124 Boulevard Topsoil Excavation CY 50 0 0 0 $0.00 $0.00 $0.00 $0.00 125 Traffic Control LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 126 2"Square Tube Metal Posts LF 336 0 0 0 $0.00 $0.00 $0.00 $0.00 127 2.5"Square Tube Metal Posts LF 24 0 0 0 $0.00 $0.00 $0.00 $0.00 128 Aluminum Signs SF 37 0 0 0 $0.00 $0.00 $0.00 $0.00 129 Preformed Inlaid Plastic Pavement Marking LF 224 0 0 0 $0.00 $0.00 $0.00 $0.00 White(8") 130 Preformed Inlaid Plastic Pavement Marking LF 354 0 0 0 $0.00 $0.00 $0.00 $0.00 White(24") 131 Epoxy Pavement Marking-Curb Top&Face GAL 22 0 0 0 $0.00 $0.00 $0.00 $0.00 132 Preformed Plastic Tape Sharrow,Symbol EA 8 0 0 0 $0.00 $0,00 $0.00 $0.00 133 Speed Sign&Electrical Work L.S. 1 0 0 0 $0.00 $0.00 $0.00 $0.00 134 Construction Staking LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 135 Exploratory Excavation Hour 10 0 0 0 $0.00 $0.00 $0.00 $0.00 136 Miscellaneous Work EA 50,000 0 0 0 $0.00 $0.00 $0.00 $0.00 SCHEDULE 2 201 Connection to Existing Main EA 10 0 0 0 $0.00 $0.00 $0.00 $0.00 202 4"MJ Gate Valve w/V.B. EA 2 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 14 0 0 0 $0.00 $0.00 $0.00 $0.00 205 12"MJ Gate Valve w/V.B. EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 206 14"MJ Gate Valve w/V.B. EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 207 8"x 6"MJ Reducer EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 208 12"x 10"MJ Reducer EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 209 8"x 6"MJ Tee EA 4 0 0 0 $0.00 $0.00 $0.00 $0.00 210 8"x 4"MJ Tee EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 211 12"x 8"MJ Tee EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 212 8"MJ Tee EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 213 12"x 8"Cross EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 214 Existing Hydrant Connection EA 3 0 0 0 $0.00 $0.00 $0.00 $0.00 215 4"CL 51 D.I.P. LF 13 0 0 0 $0.00 $0.00 $0.00 $0.00 216 6"CL 51 D.I.P. LF 14 0 0 0 $0.00 $0.00 $0.00 $0.00 217 8"CL 51 D.I.P. LF 2058 0 0 0 $0.00 $0.00 $0.00 $0.00 218 12"CL 51 D.I.P. LF 117 0 0 0 $0.00 $0.00 $0.00 $0.00 219 14"CL 51 D.I.P. LF 60 0 0 0 $0.00 $0.00 $0.00 $0.00 220 Service Reconnection w/iin trench limits EA 40 0 0 0 $0.00 $0.00 $0.00 $0.00 2"diameter and smaller 221 Service Reconnection outside trench limits LF 360 0 0 0 $0.00 $0.00 $0.00 $0.00 2"diameter and smaller 222 Service Reconnection wAn trench limits EA 3 0 0 0 $0.00 $0.00 $0,00 $0.00 4"diameter and Larger 223 Install Expansion Tank&Backfiow Preventer EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 224 Fire Hydrant 6.5'bury EA 1 0 0 0 $0.00 $0.00 $0,00 $0.00 225 Remove Existing Hydrant EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00 226 Insulation LF 2,200 0 0 0 $0.00 $0.00 $0.00 $0.00 227 Temporary Water System LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 228 Type 2 Pipe Bedding CY 50 0 0 0 $0.00 $0.00 $0.00 $0.00 229 Imported Backfill Material CY 50 0 0 0 $0.00 $0.00 $0.00 $0.00 230 Locate&Repair Sewer Service EA 10 0 0 0 $0.00 $0.00 $0.00 $0.00 231 Miscellaneous Work EA 10,000 0 0 0 $0.00 $0.00 $0.00 $0.00 SCH�Dt_i LF't 301 Remove Existing Manhole EA 7 0 0 0 $0.00 $0.00 $0.00 $0.00 302 8"SDR 35 PVC Sewer Main LF 2,955 0 0 0 $0.00 $0.00 $0.00 $0.00 303 8"SDR 26 PVC Sewer Main LF 305 0 0 0 $0.00 $0.00 $0.00 $0.00 304 4'Dia.Basic Manhole 5'-0"Depth EA 10 0 0 0 $0.00 $0.00 $0.00 $0.00 305 4'Dia.Additional Manhole Depth VF 31.5 0 0 0 $0.00 $0.00 $0.00 $0.00 306 4"Sewer Service Connection EA 84 0 0 0 $0.00 $0.00 $0.00 $0.00 307 4"SDR 26 Sewer Service LF 1,221 0 0 0 $0.00 $0.00 $0.00 $0.00 308 Bypass Pumping LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00 309 Miscellaneous Work EA 10,000 0 0 0 $0.00 $0.00 $0.00 $0.00 SCHEDULE4 401 Remove Existing Storm Sewer Inlet EA 30 0 0 0 $0.00 $0.00 $0.00 $0.00 402 Remove Existing Storm Sewer Manhole EA 5 0 0 0 $0.00 $0.00 $0.00 $0.00 403 Remove Existing Storm Sewer Pipe LF 2461 0 0 0 $0.00 $0.00 $0.00 $0,00 404 12"SDR 35 PVC Storm Sewer Pipe LF 806 0 0 0 $0.00 $0.00 $0.00 $0.00 405 15"SDR 35 PVC Storm Sewer Pipe LF 1879 0 0 0 $0.00 $0.00 $0.00 $0.00 406 18"SDR 35 PVC Storm Sewer Pipe LF 724 0 0 0 $0.00 $0.00 $0.00 $0.00 407 4'Diameter Storm Sewer Manhole EA 12 0 0 0 $0.00 $0.00 $0.00 $0.00 408 V Diameter Storm Sewer Manhole EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00 409 Standard Storm drain Inlet EA 21 0 0 0 $0.00 $0.00 $0.00 $0.00 410 4'Diameter Combination Storm EA 6 0 0 0 $0.00 $0.00 $0.00 $0.00 Manhole/Inlet 411 Connection to Existing Storm Manhole EA 1 0 0 0 $0,00 $0.00 $0.00 $0.00 412 Miscellaneous Costs EA 10000 0 0 0 $1.00 $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 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: 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: 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: Owner'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 EJCDC 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 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\Kellen\2018 S Tracy\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 Field Order should be used. S. 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 RADropzones\Ke11en\2018 S Tracy\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 RADropzones\Ke lie n\2018 S Tracy\Spec Book\17-suspend_wrk.doc 12/22/17 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 South Tracy Avenue from Olive Street to one half block south of Harrison Street and limited improvements to South Tracy Avenue from Babcock Street to Olive 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),61h Edition,and as further modified by the City of Bozeman Modifications to MPWSS, 61h 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 South Tracy Avenue from Olive Street to one half block south of Harrison 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 project shall also include utility work on South Tracy Avenue from Babcock to Olive, including: installing new water, sewer and storm drainage pipe in this block, and restoring the street with hot mix asphalt 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 so e an a so ute�u gmen ,will bed serve e m eres o e caner. e ow i er wi - 1 SPECIAL PROVISIONS 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 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. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules are awarded under a single contract,the contract times shall run concurrently,unless the City agrees to issue separate notices to proceed.The Contract Time will 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 $700.00 per calendar day for each day that the work remains uncompleted beyond the contract period. In addition,contract work between College Street and West Story Street must be completed prior to August 26th, 2018. The Contractor shall be assessed a liquidated damage of$700.00 per calendar day for each day that the work on South Tracy Avenue between West Story Street and College Street remains incomplete beyond August 26th, 2018. 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 2 SPECIAL PROVISIONS 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. 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 job 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 3 SPECIAL PROVISIONS 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 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 FABRICATION 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 4 SPECIAL PROVISIONS 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 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, Ragging 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. — — Allbafrica e�rid omits ructions shall be 1 ininatec�means ofwarnin-�ts a All Y g g might lights used for this purpose shall be kept burning from sundown to sunrise. 5 SPECIAL PROVISIONS 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 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 without 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 6 SPECIAL PROVISIONS 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 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, materials, and slurries 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. This project is greater than 1.0 acres in area and therefore a storm water pollution prevention plan (S WPPP)is required to be submitted to the Montana Department of Environmental Quality and the City of Bozeman Stormwater Division. Compiling and submitted the SWPPP is the responsibility of the contractor. This plan must be approved by both the city and the Montana DEQ prior to any construction activities. The city will review the permit for adequacy and the state will review the permit for completeness. The Contractor shall exercise every reasonable precaution throughout the life of the project to 7 SPECIAL PROVISIONS prevent pollution or siltation of the city stormwater system, rivers, streams or impoundments. Pollutants such as chemicals, slurries, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into the city stormwater system or 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 Montana DEQ,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 Quality 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. All debris or waste materials shall be cleaned up by the end of the work day. The Contractor is responsible for required SWPPP inspections, corrective actions, and documentation as well as BMP installation, inspections, maintenance and removal upon project final stabilization. 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 inonurnent boxes shall be protected with heavy builder's 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. 8 SPECIAL PROVISIONS 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 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 or until copper is encountered, whichever comes first. 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/for additional information. 25. WATER SERVICE SHUTDOWNS - - The-CONTRACT-0R-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 9 SPECIAL PROVISIONS 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 underpay item number 401. Existing storm sewer pipe shall be abandoned in place or removed. 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 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 122. 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 core 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 10 SPECIAL PROVISIONS 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. 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 equal. Insulation board shall be installed with 2-inches of sand bedding (or 3/4" washed rock) and 2-inches of sand(or 3/4"washed rock) 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-CONTRAGTOR'_s_inability to ready at the scheduled-tapping time. City of Bozeman will provide tapping service at no cost to CONTRACTOR. 11 SPECIAL PROVISIONS 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. Fleshing 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 and two 2"taps (corp and saddles -with P 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 corp, 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 24 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. 12 SPECIAL PROVISIONS 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. 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 13 SPECIAL PROVISIONS 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, 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 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. House-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 14 SPECIAL PROVISIONS 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. 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 2-112 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 inabiYty to backflush shall not relieve the CONTRACTOR from any requirements of the Contract Documents. 15 SPECIAL PROVISIONS 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: 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 sewer and storm drainage pipe shall be video inspected by the city water and sewer department. 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. 16 SPECIAL PROVISIONS 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 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 '/4" below the plan thickness, or if any one individual core is more than '/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 TO 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 17 SPECIAL PROVISIONS 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 tunes 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 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 75.6-102.6 lb/yd3 75.6-151.21b/yd3 (45-60 kg/m3) (45-90 kg/m3) Fly Ash None 151.2-596.7 lb/yd3 (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. 18 SPECIAL PROVISIONS Air 50 to 35% 5%to 15% Unit Weight (Wet) 2,430-2,970 lb/yd3 2,700-3,375 lb/yd3 (1,440-1,760 kg/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 ASPHALT PAVEMENT 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 BozemanWater/Sewer Operations Dept service worker will-be available 7:15 AM rill 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 19 SPECIAL PROVISIONS 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 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. 20 SPECIAL PROVISIONS 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 proj ect 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. 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 100-foot intervals. 3. Storm drain reference/grade stakes at 50-foot intervals and at manholes. Offset stakes for manholes and curb alignment stakes for inlets. 4. Curb and gutter alignment/grade stakes at 40-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 21 SPECIAL PROVISIONS 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 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 permitted to run generators outside normal working hours if sound attenuation is used in conjunction with the generator. 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. Tracy Ave. —measured @ Babcock Street from January 22, 2018 thru February 1,2018. i. Average flow= 6.83 GPM ii. Peak flow =33.6 GPM b. Details of the measured sewer flows are available on request. Sanitary Sewer Service Repair Couplings: Couplings to repair existing sanitary sewer services damaged during construction or couplings for connections to existing sanitary sewer services 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 22 SPECIAL PROVISIONS ASTM D 5926—Standard Specification for Poly Vinyl Chloride (PVC) Gaskets for 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. 23 SPECIAL PROVISIONS Structural road base quantities were estimated using the area 9-inches behind top back of curb 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. All quantities are figured as compacted"in place" quantities. Grading of boulevards to match the new curb grades is not included under"earthwork quantities." This item shall be directed by the on-site engineer and payed for under bid item #123. 47. GEOTEXTILE SEPARATION FABRIC The Geotextile Fabric shall be Mirafi 600x or approved equal. 48. PROJECT PHASING The contractor shall limit construction activities as follows: No work will be permitted on South Tracy Avenue between College Street and West Story Street prior to June 9t11, 2018 and after August 261h, 2018 to allow for access to Longfellow Elementary School. This restriction applies to the intersections of College Street,Dickerson Street, East Story Street, West Story Street, as well as South Tracy Avenue. The Contractor shall be permitted to close all other sections of South Tracy Avenue required to complete the work including cross streets, without restriction, during the contract time contingent on approval of a traffic control plan by the City Engineer. 49. 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; 24 SPECIAL PROVISIONS 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 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. 50. LIMITS OF CONSTRUCTION The limits of construction are defined in the contract document appendices as an exhibit titled "Limits of Construction." 51. 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. 25 SPECIAL PROVISIONS ADDITIVE ALTERNATE #1 SPECIAL PROVISIONS The following Special Provisions are included to supplement the standard specifications and are to clarify items of a non-standard nature. These provisions are a part of the overall specifications for this Contract and as such shall be regarded in a like manner during the bidding process and during the construction phase. The work to be performed under the provisions of these Contract Documents consists of the furnishing of all materials, equipment, and tools; the performance of all necessary labor; and the construction complete, including all work appurtenant thereto. PART 1. GENERAL 1.1 SPECIFICATIONS: This project uses the Montana Public Works Standard Specifications, Sixth Edition April, 2010 as well as the City of Bozeman modifications to Montana Public Works Standard Specifications Including Addendum No.3 Approved on 8/1/2017. These specifications are referenced throughout this document as the MPW Standard Specifications or MPWSS. Special Provision items that supplement or supersede referenced MPW Standard Specifications sections referenced within this Manual take precedence over any conflicts with the MPW Standard Specifications. Copies of the referenced specifications are available from: Montana Contractors' Association, Inc. 1717 11 Ph Avenue PO Box 4519 Helena, Montana 59604 Telephone : (406)442—4162 FAX: (406) 449 - 3199 1.2 RELATED SPECIFICATIONS: 1.2.1 MPWSS, Sixth Edition, April 2010. 1.2.2 City of Bozeman Modifications to MPWSS (8/1/2017) 1.3 SUMMARY OF WORK:This project generally consists of constructing concrete walkways and sidewalk, a small concrete retaining wall, concrete stairs&handrail as well as storm drainage pipe to connect to a new storm drain main located in S. Tracy Ave. Hardscape improvements generally consist of constructing within the project area to specified widths and elevations; along with all required side and back slopes and storm drainage. Storm drainage improvements generally consist of installing service pipe from the connection points to the proposed storm drain main. All products and execution involved in constructing improvements shall fully comply with these specifications,the Construction Drawings,Montana Public Works Standard Specifications and its addendums along with the City of Bozeman Modifications to MPWSS Wh Edition. 1.4 PROJECT LOCATION: The proj ect site is located near the intersection of S.Tracy Ave.and Dickerson St.in Bozeman,Montana. Specific locations of all project work are illustrated on the Site Plans included in the sets of Construction Drawings. SPECIAL PROVISIONS: I of 5 1.5 OWNER DIRECTIVES/CHANGES: All directives and/or changes that affect this project shall come from the OWNER to the ENGINEER,and then to the GENERAL CONTRACTOR. A Change Order shall be issued by the GENERAL CONTRACTOR to the ENGINEER and OWNER for signature. Field directives and/or changes shall NOT be included in the work until the ENGINEER and OWNER have signed the Change Order. 1.6 FIELD ENGINEERING: The ENGINEER will provide initial staking for the construction of the hardscape improvements and storm drainage. The CONTRACTOR will be responsible for scheduling the staking in advance of construction. The CONTRACTOR shall provide 48 hours written notice via "survey request forms," which are supplied by the ENGINEER, in advance of construction activity to allow for scheduling of survey personnel. In addition,the ENGINEER will utilize the CONTRACTOR'S construction progress schedules to make preparations for field construction staking. Be advised that requests for contract time extension because of lost time due to surveying will not be honored. In the event that any part of the ENGINEER'S initial staking is inadvertently removed or destroyed by construction personnel or equipment, the expense of re- staking will fall solely on the CONTRACTOR. 1.6.1 HARDSCAPE IMPROVEMENTS: Initial staking provided by the ENGINEER will consist of perimeter staking to establish the hardscape boundary and grades. The CONTRACTOR shall specify offset distance when making staking requests. The ENGINEER will also provide spot elevations for certain features as requested by the CONTRACTOR. 1.6.2 STORM DRAINAGE IMPROVEMENTS: Initial staking provided by the ENGINEER will consist of grade stakes to center of storm drain pipe with offsets. The CONTRACTOR shall specify offset distance when making staking requests. 1.7 SUBMITTALS: All material shall meet the requirements as specified herein. Laboratory analysis of any or all the materials may be required by OWNER. Material sampling and testing shall be in accordance with the latest revisions of the American Society for Testing and Materials(ASTM) Standards and shall be made by a recognized testing laboratory. The CONTRACTOR shall provide eight copies of each required submittal. Each submittal shall include the Project, CONTRACTOR, Sub-CONTRACTOR and Supplier clearly identified on the cover. The CONTRACTOR shall apply his stamp to each submittal, clearly signed or initialed, certifying that he has reviewed the submittal for verification of products required,field dimensions and that coordination of information is in accordance with the work requirements and Contract Documents. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a particular Supplier,the specification or description is intended to establish the type,function 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 of other Suppliers may be accepted by the ENGINEER as set forth in Article 6 of the General Conditions to the Construction Contract. The SPECIAL PROVISIONS: 2 of 5 CONTRACTOR shall be solely responsible for submitting sufficient information to allow the ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and therefore an acceptable equal or substitute. Such information shall be of sufficient nature to allow the ENGINEER to compare and contrast critical specifications. All variations of the proposed equal or substitute from that specified shall be identified by the CONTRACTOR and available maintenance,repair and replacement service shall be indicated. The CONTRACTOR shall clearly indicate where the proposed equal or substitute meets the specifications of the item specified and where it is deficient. 1.8 QUALITY ASSURANCE: CONTRACTOR to provide at least one(1)person who shall be present at all times during execution of the work and be thoroughly familiar with the type of work being performed and the best methods for its execution, and who shall direct all work performed. 1.9 ENVIRONMENTAL QUALITY CONTROL (SWPPP): In order to protect the environmental quality of the project site and surrounding areas,the CONTRACTOR shall be solely responsible for initiating and installing necessary control measures that prevent or minimize water, soil and air pollution during the construction operations in accordance with these specifications. CONTRACTOR will be responsible for completing and filing a SWPPP to MDEQ and the City of Bozeman for the project and will be responsible for administering the SWPPP throughout the duration of the project until final stabilization has been achieved and the CONTRACTOR has completed a NOT for the project. 1.10 TRAFFIC CONTROL: Traffic control will be required for construction equipment entering from public right of way. No separate payment will be made for traffic control. Traffic control requirements shall meet guidelines of Montana Department of Transportation and adhere to MUTCD standards for signing requirements. Traffic Control plan will be required to be submitted to the City of Bozeman for review and approval at or prior to the pre-construction conference. 1.11 PROTECTION AND PRESERVATION OF REFERENCE INFORMATION: The CONTRACTOR shall carefully protect,preserve and maintain all surveyed construction information (ie. stakes and control points),benchmarks,monuments,property pins and other reference points. If disturbed or destroyed,replace as directed by the ENGINEER at no additional cost to the OWNER. 1.12 CONTRACT CLOSEOUT: All record documents as specified in MPWSS section 01700 will be required before final payment. PART 2. PRODUCTS 2.1 GENERAL: Prior to all work of this Section, CONTRACTOR shall become thoroughly familiar with the site, site conditions and all portions of the work falling within this section. 2.2 CONCRETE PAVEMENT: Concrete pavements shall be M-4000 concrete. Furnish structural concrete meeting the requirements of Section 03310 STRUCTURAL CONCRETE from MPWSS. Concrete shall be the same material mix design for all portions of concrete for the project, which include flatwork, retaining wall and stairs. SPECIAL PROVISIONS: 3 of 5 2.3 GRAVEL BASE MATERIAL: Furnish crushed base material meeting applicable requirements of Section 02235 CRUSHED BASE COURSE, and meeting the gradation requirements for%" minus material. Prior to using any 1/4" minus base gravel on the project, the CONTRACTOR shall submit material shop submittals to the ENGINEER for approval. 2.4 STORM DRAIN PIPE: Furnish 6"diameter SDR 35 PVC pipe meeting the requirements of ASTM D3034 "Standard Specifications for Polyvinyl Chloride Sewer Pipe and Fittings". 2.5 STRUCTURAL STEEL: Structural steel construction, fabrication, and erection shall conform with the latest AISC "Code of Standard Practice for Steel Buildings & Bridges" and applicable provisions of AWS "Structural Welding Code". Steel materials shall conform to the following: 2.5.1.a Channels, plates, bars, angles: ASTM A36, FY=36KSI 2.5.1.b Rectangular HSS Sections: ASTM A325-N 2.5.1.c Anchor Rod Material: ASTM F1554 Grade 36 2.5.1.d Bolts for framed connections: ASTM A325-N 2.5.1.e Expansion anchors: HILTI"KWIK BOLT TZ" or approved equal 2.5.Lf Adhesive anchors:Installation and embedment per manufacturer's recommendation or as noted per plans. 2.5.L g Concrete Embedment:HILTI"HAS-E"threaded rod with"HIT-HY 200"adhesive or approved equal. 2.5.2 Welding electrodes or wires:E70XX unless noted otherwise. Welding shall conform to current AWS "Code for ARC and gas welding in building construction". All welding shall be performed by an AWS certified welder. 2.5.3 Minimum fillet weld sizes, unless noted otherwise: Thickness of thinner part joined: Min. fillet weld size: 3/16"-1/2" 3/16" 1/2"-3/4" 1/4" >3/4" 5/16"* *verify preheat requirements 2.5.4 All exposed steel shall be painted unless noted otherwise. All surfaces shall be given a shop coat of approved primer to minimum dry thickness of 2 mils(0.051mm). Touch up paint of all field welds and serious abrasions to the shop coat with paint compatible with the shop coat. Do not paint surfaces that are to be fire-proofed, embedded in concrete, welded, or in a slip-critical or fully tensioned connection. 2.5.5 The general contractor shall notify the engineer of any fabrication or erection issues during construction and await written approval form the engineer before proceeding with field modifications. The use of a gas cutter torch is not acceptable for field modifications without approval from the engineer. SPECIAL PROVISIONS:4 of 5 PART 3. EXECUTION 3.1 GENERAL: Prior to all work of this Section, CONTRACTOR shall become thoroughly familiar with the site, site conditions and all portions of the work falling within this section. 3.1.1 COVERING UP WORK: Do not allow or cause any of the work performed or installed to be covered up or enclosed by work of this section prior to all inspections, tests and approvals. Should any of the work be so enclosed or covered up before it has been approved,CONTRACTOR shall uncover all such work at no additional cost to the OWNER, if so directed by the ENGINEER. 3.1.2 PROTECTION OF REFERENCE POINTS: Carefully maintain benchmarks, monuments and other reference points. If disturbed or destroyed,replace as directed by the ENGINEER at no additional cost to the OWNER. 3.1.3 PROTECTION OF EXISTING INSTALLATIONS: Make every effort to protect existing installations whether indicated on the plans or not. Existing installations which become damaged by the CONTRACTOR'S operations shall be repaired or replaced at no additional cost to the OWNER. 3.2 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES 3.2.1 TYPE 2 PIPE BEDDING: If soft or unsuitable material is encountered at the trench subgrade elevation, the ENGINEER may direct the CONTRACTOR to over-excavate and replace with Type 2 pipe bedding. ENGINEER direction is required before any Type 2 bedding is placed. 3.2.2 BACKFILL: Type A trench backfill will be required for all areas of construction. 3.3 CONCRETE PAVEMENT: ENGINEER requests batch tickets for each batch discharged and used in work, indicating project identification name and number, date, mix type, mix time, batch quantities, and amount of water introduced. 3.4 STORM DRAIN PIPE: Install pipe from storm drain inlet locations to storm drain main located in S. Tracy Ave. Maintain 1 foot of cover over storm drain pipe at inlet location and install pipe at minimum 2%grade to storm drain main. In-line tee fitting will be installed in storm drain main for easy connection of the storm drain service line. END OF ADDITIVE ALTERNATE SPECIAL PROVISIONS SPECIAL PROVISIONS: 5 of 5 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER SECTION 26 — ELECTRICAL CONDUCTORS AND CABLES PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. Section Includes: 1. Building wires and cables rated 600 V and less. 2. Connectors, splices, and terminations rated 600 V and less. 1.03 ACTION SUBMITTALS A. Product Data: For each type of product. PART2 PRODUCTS 2.01 CONDUCTORS AND CABLES A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Alcan Products Corporation; Alcan Cable Division. 2. Alpha Wire. 3. Belden Inc. 4. Encore Wire Corporation. 5. General Cable Technologies Corporation. 6. Southwire Incorporated. B. Copper Conductors: Comply with NEMA WC 70/ICEA S-95-658. C. Conductor Insulation: Comply with NEMA WC 70/ICEA S-95-658 for Type THW-2 Type THHN-2-THWN-2 Type XHHW-2 Type OF Type USE and Type SO. 2.02 CONNECTORS AND SPLICES A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products thatmay be incorporated__into the Work include, but are not limited to, the following: 1. AFC Cable Systems, Inc. 260519 - Page 1 of 3 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER SECTION 26 — ELECTRICAL CONDUCTORS AND CABLES 2. Gardner Bender. 3. Hubbell Power Systems, Inc. 4. Ideal Industries, Inc. 5. Ilsco; a branch of Bardes Corporation. 6. NSi Industries LLC. 7. O-Z/Gedney; a brand of the EGS Electrical Group. 8. 3M: Electrical Markets Division. 9. Tyco Electronics. B. Description: Factory-fabricated connectors and splices of size, ampacity rating, material, type, and class for application and service indicated. 1. SYSTEM DESCRIPTION a. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. b. Comply with NFPA 70. C. EXECUTION 1. CONDUCTOR MATERIAL APPLICATIONS a. Feeders: Copper Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. b. Branch Circuits: Copper. Solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. 2. CONDUCTOR INSULATION AND MULTICONDUCTOR CABLE APPLICATIONS AND WIRING METHODS a. Service Entrance: Type THHN-2-THWN-2, single conductors in raceway. b. Feeders: Type THHN-2-THWN-2, single conductors in raceway C. Branch Circuits: Type THHN-2-THWN-2, single conductors in raceway 3. INSTALLATION OF CONDUCTORS AND CABLES a. Complete raceway installation between conductor and cable termination points according to Section 260533 "Raceways and Boxes for Electrical Systems" prior to pulling conductors and cables. b. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate 260519 - Page 2 of 3 SECTION 260519 LOW-VOLTAGE ELECTRICAL POWER SECTION 26 — ELECTRICAL CONDUCTORS AND CABLES conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. C. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway. d. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. 4. CONNECTIONS a. Tighten electrical connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A-486B. b. Make splices, terminations, and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. C. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches (150 mm) of slack. 5. IDENTIFICATION a. Identify and color-code conductors and cables according to Section 260553 "Identification for Electrical Systems." b. Identify each spare conductor at each end with identity number and location of other end of conductor, and identify ' as spare conductor. 6. FIELD QUALITY CONTROL a. Perform the following tests and inspections: i. Perform each visual and mechanical inspection stated in NETA Acceptance Testing Specification. Certify compliance with test parameters. b. Cables will be considered defective if they do not pass tests and inspections. END OF SECTION 260519 260519 - Page 3 of 3 SECTION 260526 GROUNDING AND BONDING SECTION 26 — ELECTRICAL FOR ELECTRICAL SYSTEMS PART1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. Section Includes: Grounding systems and equipment. 1.03 ACTION SUBMITTALS A. Product Data: For each type of product indicated. 1.04 INFORMATIONAL SUBMITTALS A. Informational Submittals: Plans showing dimensioned as-built locations of grounding features specified in "Field Quality Control' Article, including the following: 1. Ground rods. B. Field quality-control reports. 1.05 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For grounding to include in emergency, operation, and maintenance manuals. In addition to items specified in Section 017823 "Operation and Maintenance Data," include the following: 1.06 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with UL 467 for grounding and bonding materials and equipment. PART 2 PRODUCTS 2.01 CONDUCTORS A. insulated Conductors: Copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. 260526 - Page 1 of 5 SECTION 260526 GROUNDING AND BONDING SECTION 26 — ELECTRICAL FOR ELECTRICAL SYSTEMS B. Bare Copper Conductors: 1. Solid Conductors: ASTM B 3. 2. Stranded Conductors: ASTM B 8. 3. Tinned Conductors: ASTM B 33. 4. Bonding Cable: 28 kcmil, 14 strands of No. 17 AWG conductor, 1/4 inch (6 mm) in diameter. 5. Bonding Conductor: No. 4 or No. 6 AWG, stranded conductor. 6. Bonding Jumper: Copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches (41 mm) wide and 1/16 inch (1.6 mm) thick. 7. Tinned Bonding Jumper: Tinned-copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches (41 mm) wide and 1/16 inch (1.6 mm) thick. 2.02 CONNECTORS A. Listed and labeled by an NRTL acceptable to authorities having jurisdiction for applications in which used and for specific types, sizes, and combinations of conductors and other items connected. B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy, pressure type with at least two bolts. 1. Pipe Connectors: Clamp type, sized for pipe. C. Welded Connectors: Exothermic-welding kits of types recommended by kit manufacturer for materials being joined and installation conditions. D. Bus-bar Connectors: Mechanical type, cast silicon bronze, solderless compression -type wire terminals, and long-barrel, two-bolt connection to ground bus bar. 2.03 GROUNDING ELECTRODES A. Ground Rods: Copper-clad steel; 3/4 inch by 10 feet (19 mm by 3 m) in diameter. PART 3 EXECUTION 3.01 APPLICATIONS A. Conductors: Install solid conductor for No. 10 AWG and smaller, and stranded conductors for No. 8 AWG and larger unless otherwise indicated. 260526 - Page 2 of 5 SECTION 260526 GROUNDING AND BONDING SECTION 26 — ELECTRICAL FOR ELECTRICAL SYSTEMS B. Underground Grounding Conductors: Install bare tinned-copper conductor, No. 2/0 AWG minimum. 1.Bury at least 24 inches (600 mm) below grade. C. Conductor Terminations and Connections: 1. Pipe and Equipment Grounding Conductor Terminations: Bolted connectors. 2. Underground Connections: Welded connectors except at test wells and as otherwise indicated. 3. Connections to Ground Rods at Test Wells: Bolted connectors. 4. Connections to Structural Steel: Welded connectors. 3.02 GROUNDING UNDERGROUND DISTRIBUTION SYSTEM COMPONENTS A. Comply with IEEE C2 grounding requirements. B. Grounding Manholes and Handholes: Install a driven ground rod through manhole or handhole floor, close to wall, and set rod depth so 4 inches (100 mm) will extend above finished floor. If necessary, install ground rod before manhole is placed and provide No. 1/0 AWG bare, tinned-copper conductor from ground rod into manhole through a waterproof sleeve in manhole wall. Protect ground rods passing through concrete floor with a double wrapping of pressure-sensitive insulating tape or heat-shrunk insulating sleeve from 2 inches (50 mm) above to 6 inches (150 mm) below concrete. Seal floor opening with waterproof, nonshrink grout. C. Grounding Connections to Manhole Components: Bond exposed-metal parts such as inserts, cable racks, pulling irons, ladders, and cable shields within each manhole or handhole, to ground rod or grounding conductor. Make connections with No. 4 AWG minimum, stranded, hard-drawn copper bonding conductor. Train conductors level or plumb around corners and fasten to manhole walls. Connect to cable armor and cable shields according to written instructions by manufacturer of splicing and termination kits. D.3.03EQUIPMENT GROUNDING A. Install green insulated equipment grounding conductors with all feeders and branch circuits. B. Isolated Equipment Enclosure Circuits: For designated equipment supplied by a branch circuitor feeder, where the equipment enclosure is isolated from the supply circuit with a nonmetallic raceway, install a fitting listed for the purpose, where raceway enters enclosure, and bond to the 260526 - Page 3 of 5 SECTION 260526 GROUNDING AND BONDING SECTION 26 — ELECTRICAL FOR ELECTRICAL SYSTEMS insulated equipment grounding conductor. Bond the conductor to the isolated equipment enclosure, and terminate at the equipment grounding conductor terminal of the applicable derived system or service unless otherwise indicated. C. Poles Supporting Outdoor Lighting Fixtures: DO NOT install a grounding electrode and a separate insulated equipment grounding conductor at these locations. Bond the equipment grounding conductor installed with branch-circuit conductors to the grounding terminal at the pole base. 3.04 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. B. Ground Rods: Drive rods until tops are 2 inches (50 mm) below finished floor or final grade unless otherwise indicated. 1. Interconnect ground rods with grounding electrode conductor below grade and as otherwise indicated. Make connections without exposing steel or damaging coating if any. 2. For grounding electrode system, install at least 2 rods spaced at least one-rod length from each other and located at least the same distance from other grounding electrodes, and connect to the service grounding electrode conductor. C. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance except where routed through short lengths of conduit. 1. Bonding to Structure: Bond straps directly to basic structure, taking care not to penetrate any adjacent parts. 2. Bonding to Equipment Mounted on Vibration Isolation Hangers and Supports: Install bonding so vibration is not transmitted to rigidly mounted equipment. 3. Use exothermic-welded connectors for outdoor locations; if a disconnect-type connection is required, use a bolted clamp. D. Ufer Ground (Concrete-Encased Grounding Electrode): Fabricate according to NFPA 70, and as detailed on drawings. If drawing does not provide Ufer ground detail install the grounding electrode as defined below: 1. Use a minimum of 20 feet (6 m) of bare copper conductor not smaller than No. 4 AWG. 260526 - Page 4 of 5 SECTION 260526 GROUNDING AND BONDING SECTION 26 — ELECTRICAL FOR ELECTRICAL SYSTEMS 2. If concrete foundation is less than 20 feet (6 m) long, coil excess conductor within base of foundation. 3. Bond grounding conductor to reinforcing steel in at least four locations and to anchor bolts. Extend grounding conductor below grade and connect to building's grounding grid or to grounding electrode external to concrete. E. Structural Steel: When available, bond structural steel to grounding electrode system, according to NFPA 70. 3.05 FIELD QUALITY CONTROL A. Perform tests and inspections. B. Tests and Inspections: 1. After installing grounding system but before permanent electrical circuits have been energized, test for compliance with requirements. 2. Inspect physical and mechanical condition. Verify tightness of accessible, bolted, electrical connections with a calibrated torque wrench according to manufacturer's written instructions. 3. Test completed grounding system at each location where a maximum ground-resistance level is specified, at service disconnect enclosure grounding terminal, and at individual ground rods. Make tests at ground rods before any conductors are connected. a. Measure ground resistance no fewer than two full days after last trace of precipitation and without soil being moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. b. Perform tests by fall-of-potential method according to IEEE 81. C. Grounding system will be considered defective if it does not pass tests and inspections. D. Report measured ground resistances that exceed 25 ohms to ground. E. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Architect promptly and include recommendations to reduce ground resistance. END OF SECTION 260526 260526 - Page 5 of 5 SECTION 260533 RACEWAYS AND BOXES SECTION 26— ELECTRICAL FOR ELECTRICAL SYSTEMS PART1 GENERAL 1 .01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1 .02 SUMMARY A. Section Includes: 1 . Metal conduits, tubing, and fittings. 2. Nonmetal conduits, tubing, and fittings. 3. Handholes and boxes for exterior underground cabling. 1 .03 DEFINITIONS A. ARC: Aluminum rigid conduit. B. GRC: Galvanized rigid steel conduit. C. IMC: Intermediate metal conduit. 1 .04 ACTION SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged-cover enclosures, and cabinets. PART2 PRODUCTS 2.01 METAL CONDUITS, TUBING, AND FITTINGS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. AFC Cable Systems, Inc. 2. Allied Tube & Conduit; a Tyco International Ltd. Co. 3. Anamet Electrical, Inc. 4. Electri-Flex Company. 5. O-Z/Gedney; a brand of EGS Electrical Group. 6. Picoma Industries a subsidiary of Mueller Water Products, Inc. 7. Republic Conduit. 8. Robroy Industries. 9. Southwire Company. 10. Thomas & Betts Corporation. 11 . Western Tube and Conduit Corporation. 260533 - Page 1 of 9 SECTION 260533 RACEWAYS AND BOXES SECTION 26— ELECTRICAL FOR ELECTRICAL SYSTEMS 12. Wheatland Tube Company; a division of John Maneely Company. B. Listing and Labeling: Metal conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. GRC: Comply with ANSI C80.1 and UL 6. D. ARC: Comply with ANSI C80.5 and UL 6A. E. IMC: Comply with ANSI C80.6 and UL 1242. F. PVC-Coated Steel Conduit: PVC-coated rigid steel conduit . 1. Comply with NEMA RN 1. 2. Coating Thickness: 0.040 inch (1 mm), minimum. G. EMT: Comply with ANSI C80.3 and UL 797. H. FMC: Comply with UL 1 ; zinc-coated steel or aluminum. I. LFMC: Flexible steel conduit with PVC jacket and complying with UL 360. J. Fittings for Metal Conduit: Comply with NEMA FB 1 and UL 514B. 1. Conduit Fittings for Hazardous (Classified) Locations: Comply with UL 886 and NFPA 70. 2. Fittings for EMT: a. Material: Steel. b. Type: Setscrew. 3. Expansion Fittings: PVC or steel to match conduit type, complying with UL 651, rated for environmental conditions where installed, and including flexible external bonding jumper. 4. Coating for Fittings for PVC-Coated Conduit: Minimum thickness of 0.040 inch (1 mm), with overlapping sleeves protecting threaded joints. K. Joint Compound for IMC, GRC, or ARC: Approved, as defined in NFPA 70, by authorities having jurisdiction for use in conduit assemblies, and compounded for use to lubricate and protect threaded conduit joints from corrosion and to enhance their conductivity. 260533 - Page 2 of 9 SECTION 260533 RACEWAYS AND BOXES SECTION 26 — ELECTRICAL FOR ELECTRICAL SYSTEMS 2.02 NONMETALLIC CONDUITS, TUBING, AND FITTINGS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1 . AFC Cable Systems, Inc. 2. Anamet Electrical, Inc. 3. Arnco Corporation. 4. CANTEX Inc. 5. CertainTeed Corp. 6. Condux International, Inc. 7. Electri-Flex Company. 8. Kralo . 9. Lamson & Sessions; Carlon Electrical Products. 10. Niedax-Kleinhuis USA Inc. 11. RACO; a Hubbell company. 12. Thomas & Betts Corporation. B. Listing and Labeling: Nonmetallic conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. ENT: Comply with NEMA TC 13 and UL 1653. D. RNC: Type EPC-40-PVC or Type EPC-80-PVC, complying with NEMA TC 2 and UL 651 unless otherwise indicated. E. LFNC: Comply with UL 1660. F. Rigid HDPE: Comply with UL 651 A. G. Continuous HDPE: Comply with UL 651 B. H. RTRC: Comply with UL 1684A and NEMA TC 14. I. Fittings for ENT and RNC: Comply with NEMA TC 3; match to conduit or tubing type and material. J. Fittings for LFNC: Comply with UL 514B. 2.03 HANDHOLES AND BOXES FOR EXTERIOR UNDERGROUND WIRING A. General Requirements for Handholes and Boxes: 260533 - Page 3 of 9 SECTION 260533 RACEWAYS AND BOXES SECTION 26— ELECTRICAL FOR ELECTRICAL SYSTEMS 1. Boxes and handholes for use in underground systems shall be designed and identified as defined in NFPA 70, for intended location and application. 2. Boxes installed in wet areas shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Composite Handholes and Boxes: Molded of polymer concrete. 1 . Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Armorcast Products Company. b. Carson Industries LLC. C. CDR Systems Corporation; Hubbell Power Systems. d. NewBasis. e. Nordic Fiberglass, Inc. f. Oldcastle Precast, Inc.; Christy Concrete Products. g. Synertech Moulded Products; a division of Oldcastle Precast, Inc. 2. Standard: Comply with SCTE 77. 3. Configuration: Designed for flush burial with open bottom unless otherwise indicated. 4. Cover: Weatherproof, secured by tamper-resistant locking devices and having structural load rating consistent with enclosure and handhole location. 5. Cover Finish: Nonskid finish shall have a minimum coefficient of friction of 0.50. 6. Cover Legend: Molded lettering, "ELECTRIC." Or "COM" as indicated on drawings. 7. Conduit Entrance Provisions: Conduit-terminating fittings shall mate with entering ducts for secure, fixed installation in enclosure wall. 8. Handholes 12 Inches Wide by 24 Inches Long (300 mm Wide by 600 mm Long) and Larger: Have inserts for cable racks and pulling-in irons installed before concrete is poured. PART 3 EXECUTION 3.01 RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below unless otherwise indicated: 260533 - Page 4 of 9 SECTION 260533 RACEWAYS AND BOXES SECTION 26— ELECTRICAL FOR ELECTRICAL SYSTEMS 1 . Exposed Conduit: GRC 2. Concealed Conduit, Aboveground: EMT . 3. Underground Conduit: RNC, Type EPC-40-PVC in fine bedded trench. 4. Under roadways and paved or concrete walkways: Type EPC-80- PVC in fine bedded trench. 5. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): LFMC . 6. Boxes and Enclosures, Aboveground: NEMA 250, Type 3R . B. Minimum Raceway Size: 3/4-inch (21-mm) trade size. C. Raceway Fittings: Compatible with raceways and suitable for use and location. 1 . Rigid and Intermediate Steel Conduit: Use threaded rigid steel conduit fittings unless otherwise indicated. Comply with NEMA FB 2.10. 2. PVC Externally Coated, Rigid Steel Conduits: Use only fittings listed for use with this type of conduit. Patch and seal all joints, nicks, and scrapes in PVC coating after installing conduits and fittings. Use sealant recommended by fitting manufacturer and apply in thickness and number of coats recommended by manufacturer. 3. EMT: Use setscrew , steel fittings. Comply with NEMA FB 2.10. 4. Flexible Conduit: Use only fittings listed for use with flexible conduit. Comply with NEMA FB 2.20. D. Install nonferrous conduit or tubing for circuits operating above 60 Hz, and for protecting bare grounding conductors. Where aluminum raceways are installed for such circuits and pass through concrete, install in nonmetallic sleeve. E. Do not install aluminum conduits, boxes, or fittings in contact with concrete or earth. F. Install surface raceways only where indicated on Drawings. G. Do not install nonmetallic conduit where ambient temperature exceeds 120 deg F (49 deg C). 3.02 INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except where requirements on Drawings or in this article are stricter. Comply with 260533 - Page 5 of 9 SECTION 260533 RACEWAYS AND BOXES SECTION 26— ELECTRICAL FOR ELECTRICAL SYSTEMS NECA 102 for aluminum conduits. Comply with NFPA 70 limitations for types of raceways allowed in specific occupancies and number of floors. B. Keep raceways at least 6 inches (150 mm) away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping. C. Complete raceway installation before starting conductor installation. D. Comply with requirements in Section 260529 "Hangers and Supports for Electrical Systems" for hangers and supports. E. Arrange stub-ups so curved portions of bends are not visible above finished slab. F. Install no more than the equivalent of three 90-degree bends in any conduit run except for control wiring conduits, for which fewer bends are allowed. Support within 12 inches (300 mm) of changes in direction. G. Support conduit within 12 inches (300 mm)of enclosures to which attached. H. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions. I. Coat field-cut threads on PVC-coated raceway with a corrosion-preventing conductive compound prior to assembly. J. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors including conductors smaller than No. 4 AWG. K. Install raceways square to the enclosure and terminate at enclosures with locknuts. Install locknuts hand tight plus 1/4 turn more. L. Do not rely on locknuts to penetrate nonconductive coatings on enclosures. Remove coatings in the locknut area prior to assembling conduit to enclosure to assure a continuous ground path. M. Cut conduit perpendicular to the length. For conduits 2-inch (53-mm) trade size and larger, use roll cutter or a guide to make cut straight and perpendicular to the length. N. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb (90-kg) tensile strength. Leave at 260533 - Page 6 of 9 SECTION 260533 RACEWAYS AND BOXES SECTION 26— ELECTRICAL FOR ELECTRICAL SYSTEMS least 12 inches (300 mm) of slack at each end of pull wire. Cap underground raceways designated as spare above grade alongside raceways in use. O. Install raceway sealing fittings at accessible locations according to NFPA 70 and fill them with listed sealing compound. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. Install raceway sealing fittings according to NFPA 70. P. Install devices to seal raceway interiors at accessible locations. Locate seals so no fittings or boxes are between the seal and the following changes of environments. Seal the interior of all raceways at the following points: 1 . Where conduits pass from warm to cold locations, such as boundaries of refrigerated spaces. 2. Where an underground service raceway enters a building or structure. 3. Where otherwise required by NFPA 70. Q. Comply with manufacturer's written instructions for solvent welding RNC and fittings. R. Expansion-Joint Fittings: 1 . Install in each run of aboveground RNC that is located where environmental temperature change may exceed 30 deg F (17 deg C) and that has straight-run length that exceeds 25 feet (7.6 m). Install in each run of aboveground RMC and EMT conduit that is located where environmental temperature change may exceed 100 deg F (55 deg C) and that has straight-run length that exceeds 100 feet (30 m). 2. Install type and quantity of fittings that accommodate temperature change listed for each of the following locations: a. Outdoor Locations Not Exposed to Direct Sunlight: 125 deg F (70 deg C) temperature change. b. Outdoor Locations Exposed to Direct Sunlight: 155 deg F (86 deg C) temperature change. 3. Install fitting(s) that provide expansion and contraction for at least 0.00041 inch per foot of length of straight run per deg F (0.06 mm per meter of length of straight run per deg C) of temperature change for PVC conduits. Install fitting(s) that provide expansion and contraction for at least 0.000078 inch per foot of length of 260533 - Page 7 of 9 SECTION 260533 RACEWAYS AND BOXES SECTION 26 — ELECTRICAL FOR ELECTRICAL SYSTEMS straight run per deg F (0.0115 mm per meter of length of straight run per deg C) of temperature change for metal conduits. 4. Install expansion fittings at all locations where conduits cross building or structure expansion joints. 5. Install each expansion-joint fitting with position, mounting, and piston setting selected according to manufacturer's written instructions for conditions at specific location at time of installation. Install conduit supports to allow for expansion movement. S. Flexible Conduit Connections: Comply with NEMA RV 3. Use a maximum of 72 inches (1830 mm) of flexible conduit for recessed and semirecessed luminaires, equipment subject to vibration, noise transmission, or movement; and for transformers and motors. 1 . Use LFMC in damp or wet locations subject to severe physical damage. 2. Use LFMC or LFNC in damp or wet locations not subject to severe physical damage. T. Mount boxes at heights indicated on Drawings. If mounting heights of boxes are not individually indicated, give priority to ADA requirements. Install boxes with height measured to center of box unless otherwise indicated. U. Locate boxes so that cover or plate will not span different building finishes. 3.03 INSTALLATION OF UNDERGROUND CONDUIT A. Direct-Buried Conduit: 1. Excavate trench bottom to provide firm and uniform support for conduit. Prepare trench bottom as specified for pipe less than 6 inches (150 mm) in nominal diameter. 2. Install backfill as specified. 3. After installing conduit, backfill and compact. Start at tie-in point, and work toward end of conduit run, leaving conduit at end of run free to move with expansion and contraction as temperature changes during this process. Firmly hand tamp backfill around conduit to provide maximum supporting strength. After placing controlled backfill to within 12 inches (300 mm) of finished grade, make final conduit connection at end of run and complete backfilling with normal compaction as specified. 4. Install manufactured duct elbows for stub-ups at poles and equipment unless otherwise indicated. Install manufactured rigid steel conduit elbows at building entrances through floor. 260533 - Page 8 of 9 SECTION 260533 RACEWAYS AND BOXES SECTION 26— ELECTRICAL FOR ELECTRICAL SYSTEMS a. Couple steel conduits to ducts with adapters designed for this purpose. b. For stub-ups at equipment mounted on outdoor concrete bases and where conduits penetrate building foundations, extend steel conduit horizontally a minimum of 60 inches (1500 mm) from edge of foundation or equipment base. Install insulated grounding bushings on terminations at equipment. 5. Underground Warning Tape: Comply with requirements in Section 260553 "Identification for Electrical Systems." 3.04 INSTALLATION OF UNDERGROUND HANDHOLES AND BOXES A. Install handholes and boxes level and plumb and with orientation and depth coordinated with connecting conduits to minimize bends and deflections required for proper entrances. B. Unless otherwise indicated, support units on a level bed of crushed stone or gravel, graded from 1/2-inch (12.5-mm) sieve to No. 4 (4.75-mm) sieve and compacted to same density as adjacent undisturbed earth. C. Elevation: In paved areas, set so cover surface will be flush with finished grade. Set covers of other enclosures 1 inch (25 mm) above finished grade. D. Field-cut openings for conduits according to enclosure manufacturer's written instructions. Cut wall of enclosure with a tool designed for material to be cut. Size holes for terminating fittings to be used, and seal around penetrations after fittings are installed. 3.05 PROTECTION A. Protect coatings, finishes, and cabinets from damage and deterioration. 1 . Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. 2. Repair damage to PVC coatings or paint finishes with matching touchup coating recommended by manufacturer. END OF SECTION 260533 260533 - Page 9 of 9 SECTION 262816 ENCLOSED SWITCHES AND SECTION 26— ELECTRICAL CIRCUIT BREAKERS PART 1 - GENERAL 1 .1 SUMMARY A. Section Includes: 1 . Nonfusible switches. 2. Molded-case circuit breakers (MCCBs). 3. Enclosures. 1 .2 DEFINITIONS A. NC: Normally closed. B. NO: Normally open. C. SPDT: Single pole, double throw. 1.3 PERFORMANCE REQUIREMENTS 1.4 ACTION SUBMITTALS A. Product Data: For each type of enclosed switch, circuit breaker, accessory, and component indicated. B. Shop Drawings: For enclosed switches and circuit breakers. Include plans, elevations, sections, details, and attachments to other work. 1. Wiring Diagrams: For power, signal, and control wiring. INFORMATIONAL SUBMITTALS C. Field quality-control reports. 1.5 CLOSEOUT SUBMITTALS A. Operation and maintenance data. 262816 - Page 1 of 5 SECTION 262816 ENCLOSED SWITCHES AND SECTION 26— ELECTRICAL CIRCUIT BREAKERS 1 .6 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with NFPA 70. PART 2 - PRODUCTS 2.1 NONFUSIBLE SWITCHES A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1 . Eaton Electrical Inca Cutler-Hammer Business Unit. 2. General Electric Company; GE Consumer & Industrial - Electrical Distribution. 3. Siemens Energy & Automation, Inc. 4. Square D; a brand of Schneider Electric. B. Type HD, Heavy Duty, Single Throw, 240 V ac, 1200 A and Smaller: UL 98 and NEMA KS 1, horsepower rated, lockable handle with capability to accept three padlocks, and interlocked with cover in closed position. C. Accessories: 1. Equipment Ground Kit: Internally mounted and labeled for copper and aluminum ground conductors. 2. Neutral Kit: Internally mounted; insulated, capable of being grounded and bonded; labeled for copper and aluminum neutral conductors. 3. Lugs: Suitable for number, size, and conductor material. 2.2 MOLDED-CASE CIRCUIT BREAKERS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1 . Eaton Electrical Inca Cutler-Hammer Business Unit. 2. General Electric Company; GE Consumer & Industrial - Electrical Distribution. 262816 - Page 2 of 5 SECTION 262816 ENCLOSED SWITCHES AND SECTION 26— ELECTRICAL CIRCUIT BREAKERS 3. Siemens Energy & Automation, Inc. 4. Square D• a brand of Schneider Electric. B. General Requirements: Comply with UL 489, NEMA AB 1 , and NEMA AB 3, with interrupting capacity to comply with available fault currents. C. Thermal-Magnetic Circuit Breakers: Inverse time-current element for low-level overloads and instantaneous magnetic trip element for short circuits. Adjustable magnetic trip setting for circuit-breaker frame sizes 250 A and larger. D. Current-Limiting Circuit Breakers: Frame sizes 400 A and smaller, and let- through ratings less than NEMA FU 1, RK-5. E. Features and Accessories: 1 . Standard frame sizes, trip ratings, and number of poles. 2. Lugs: Suitable for number, size, trip ratings, and conductor material. 3. Application Listing: Appropriate for application; Type SWD for switching fluorescent lighting loads; Type HID for switching fluorescent and high- intensity discharge lighting circuits. 4. Ground-Fault Protection: Comply with UL 1053;[integrally mounted, self- powered]type with mechanical ground-fault indicator; relay with adjustable pickup and time-delay settings, push-to-test feature, internal memory, and shunt trip unit; and three-phase, zero-sequence current transformer/sensor. 2.3 ENCLOSURES A. Enclosed Switches and Circuit Breakers: NEMA AB 1 , NEMA KS 1, NEMA 250, and UL 50, to comply with environmental conditions at installed location. 1 . Indoor, Dry and Clean Locations: NEMA 250, Type 1. 2. Outdoor Locations: NEMA 250, Type 3R. 3. Kitchen Wash-Down Areas: NEMA 250, Type 4X, stainless steel. 4. Other Wet or Damp, Indoor Locations: NEMA 250, Type 4. 5. Indoor Locations Subject to Dust, Falling Dirt, and Dripping Noncorrosive Liquids: NEMA 250, Type 12. 262816 - Page 3 of 5 SECTION 262816 ENCLOSED SWITCHES AND SECTION 26— ELECTRICAL CIRCUIT BREAKERS PART 3 - EXECUTION 3.1 INSTALLATION A. Install individual wall-mounted switches and circuit breakers with tops at uniform height unless otherwise indicated. B. Comply with mounting and anchoring requirements specified in Section 260548 "Vibration and Seismic Controls for Electrical Systems." C. Temporary Lifting Provisions: Remove temporary lifting eyes, channels, and brackets and temporary blocking of moving parts from enclosures and components. D. Install fuses in fusible devices. E. Comply with NECA 1. 3.2 IDENTIFICATION A. Comply with requirements in Section 260553 "Identification for Electrical Systems." 1. Identify field-installed conductors, interconnecting wiring, and components; provide warning signs. 2. Label each enclosure with engraved metal or laminated-plastic nameplate. 3.3 FIELD QUALITY CONTROL A. Perform tests and inspections. B. Acceptance Testing Preparation: 1 . Test insulation resistance for each enclosed switch and circuit breaker, component, connecting supply, feeder, and control circuit. 2. Test continuity of each circuit. C. Tests and Inspections: 1. Perform each visual and mechanical inspection and electrical test stated in META Acceptance Testing Specification. Certify compliance with test parameters. 262816 - Page 4 of 5 SECTION 262816 ENCLOSED SWITCHES AND SECTION 26 — ELECTRICAL CIRCUIT BREAKERS 2. Correct malfunctioning units on-site, where possible, and retest to demonstrate compliance; otherwise, replace with new units and retest. D. Enclosed switches and circuit breakers will be considered defective if they do not pass tests and inspections. E. Prepare test and inspection reports, including a certified report that identifies enclosed switches and circuit breakers and that describes scanning results. Include notation of deficiencies detected, remedial action taken, and observations after remedial action. END OF SECTION 262816 262816 - Page 5 of 5 LONGFELLOW ELEMENTARY SCHOOL FEBRUARY 16, 2018 BOZEMAN, MONTANA SECTION 323113—CHAIN LINK FENCES AND GATES PART 1—GENERAL 1.01 WORK INCLUDED The contractor shall provide all labor, materials and appurtenances necessary for installation of the chain link fencing system defined herein. 1.02 RELATED WORK Section 02500—Paving and Surfacing Section 03300—Case-In-Place Concrete Section 04200—Unit Masonry 1.03 SYSTEM DESCRIPTION The contractor shall supply a total color chain link fencing system of the design, style and strength defined herein. The system shall include all components (i.e., framework, chain link fabric, gates and fittings)required. 1.04 QUALITY ASSURANCE The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified. 1.05 REFERENCES A. American Society for Testing and Materials (ASTM) Standards: A90/A90M - Test Method for Weight (Mass) of Coating on Iron and Steel Articles with Zinc or Zinc-Alloy Coatings. A653/A653M - Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed)by the Hot-Dip Process. A924/A924M- Specification for General Requirements for Steel Sheet, Metallic-Coated by the Hot-Dip Process. B6 - Specification for Zinc. B117 - Practice for Operating Salt Spray (Fog) Apparatus. D1499 - Practice for Operating Light- and Water-Exposure Apparatus (Carbon-Arc Type) for Exposure of Plastics. D3359 - Test Methods for Measuring Adhesion by Tape Test. E8/E8M - Test Methods for Tension Testing of Metallic Materials. F567 - Practice for Installation of Chain-Link Fence. F626 - Specification for Fence Fittings. F668 - Specification for Poly (Vinyl Chloride) (PVC)-Coated Steel Chain-Link Fence Fabric. F900 - Specification for Industrial and Commercial Swing Gates. F934 - Specification for Standard Colors for Polymer-Coated Chain Link Fence Materials. F969 - Practice for Construction of Chain-Link Tennis Court Fence. F 1043 - Specification for Strength and Protective Coatings on Metal Industrial Chain Link Fence Framework. F 1184 - Specification for Industrial and Commercial Horizontal Slide Gates. B. American Association of State Highway and Transportation Officials (AASHTO) Standards: M181 - Standard Specification for Chain-Link Fence. C. United States Federal Supply Service General Services Administration Specifications: CHAIN LINK FENCES AND GATES 323113 - 1 of 3 LONGFELLOW ELEMENTARY SCHOOL FEBRUARY 16,2018 BOZEMAN, MONTANA RR-F-191/3 - Federal Specification Sheet for Fencing, Wire and Post, Metal (Chain-Link Fence Posts,Top Rails and Braces)-Detail Specification. 1.06 SUBMITTAL The manufacturer's literature shall be submitted prior to installation. 1.07 PRODUCT HANDLING AND STORAGE Upon receipt at the job site, all materials shall be checked to ensure that no damages occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage and to protect against damage, weather,vandalism and theft. PART 2 -M TE LS 2.02 MATERIAL—STEEL FRAMEWORK A. The steel material shall be zinc-coated steel strip, galvanized by the hot-dip process conforming to the criteria of ASTM A653/A653M and the general requirements of ASTM A924/A924M. B. The zinc used in the galvanizing process shall conform to ASTM B6. Weight of zinc shall be determined using the test method described in ASTM A90 and shall conform to the weight range allowance for ASTM A653,Designation G-90. C. The framework shall be manufactured in accordance with commercial standards to meet the strength (50,000 psi minimum yield strength) and coating requirements of ASTM F1043, Group IC, Electrical Resistance Welded Round Steel Pipe, light industrial weight. D. The exterior surface of the electrical resistance weld shall be recoated with the same type of material and thickness as the basic zinc coating. E. The strength of the fence system shall conform to the requirements of ASTM F1043; the minimum weight shall not be less than 90% of the nominal weight (see Table 1). The strength of line, end, corner and pull posts shall be determined by the use of 4' or 6' cantilevered beam test. The top rail shall be determined by a 10' free-supported beam test (see Table 1). An alternative method of determining pipe strength is by the calculation of bending moment (see Table 1). Conformance with this specification can be demonstrated by measuring the yield strength of a randomly selected piece of pipe from each lot and calculating the section modulus. The yield strength shall be determined according to the methods described in ASTM E8. For materials under this specification, the 0.2 offset method shall be used in determining yield strength. Terminal posts, line posts and top/bottom rails shall be precut to specified lengths. 2.03 MATERIAL—FENCE FABRIC A. The material for chain link fence fabric shall be manufactured from galvanized steel wire. The weight of zinc shall meet the requirements of ASTM F668, Table 4. Galvanized wire shall be PVC-coated to meet the requirements of ASTM F668. The class of the fence fabric shall be (specify Class 1 -Extruded,Class 2A-Extruded and Bonded or Class 2B -Fused and Bonded). CHAIN LINK FENCES AND GATES 323113 -2 of 3 LONGFELLOW ELEMENTARY SCHOOL FEBRUARY 16, 2018 BOZEMAN, MONTANA B. Selvage: Top edge knuckled and bottom edge knuckled, c. Wire Size: The size of the steel wire core shall be 11 gauge. E. Height and Mesh Size: The fabric height shall be 4 feet high with a mesh size of 2inehes. 2.04 MATERIAL-FENCE FITTINGS The material for fence fittings shall be manufactured to meet the requirements of ASTM F626. 2.05 MATERIAL-GATES Swing gates shall be manufactured to meet the requirements of ASTM F900. PART 3-EXECUTION 3.01 PREPARATION All new installation shall be laid out by the contractor in accordance with the construction plan. 3.02 INSTALLATION Install chain link fence in accordance with ASTM F567. For chain link tennis court fences, install in accordance with ASTM F969. Fence posts shall be set at spacings of a maximum of 10' o.c. Gate posts shall be spaced according to the gate openings specified in the construction plans. The "Paving and Surfacing," "Cast-In-Place Concrete" and "Unit Masonry" sections of this specification shall govern post base placement and material requirements. Install fabric on security side and attach with wire ties or clip to line posts at 15 inches o.c. and to rails, braces and tension wire at 24 inches o.c. 3.03 CLEANING The contractor shall clean the jobsite of excess materials. Post hole excavations shall be scattered uniformly away from posts. TABLE 1 Fence Decimal On Pipe Wall Weight Calculated Load(Ibs.) Industry Equivalent Thickness 9 Section Min.Yield _ Max.Bending Cantilever Modulus x Strength = Moment 10'Free O.D. Inches (mm) Inches (mm) Ibift. (kglm) Inches psi III.in. Supported 4' 6' 1-3/8" 1.315 33,40 .080 2.03 1.06 1.57 .0900 x 50,000 = 4.500 150 N/A NIA 1-5/8' 1.660 42.16 .085 2.16 1.43 2.13 .1574 x 50,000 = 7.870 262 164 109 2" 1.900 48.26 .090 2.29 1.74 2.59 .2208 x 50,000 = 11,040 N/A 230 154 2-1/2" 2.375 60.33 .095 2.41 2.32 3.45 .3734 x 50,000 = 18,670 N/A 389 259 3" 2.875 1 73.03 1 .111 1 .82 1 26 1 4.85 1 .6365 x 50,000 = 31,825 1 NIA 663 442 CHAIN LINK FENCES AND GATES 323113 -3 of 3 LONGFELLOW ELEMENTARY SCHOOL FEBRUARY 16,2018 BOZEMAN, MONTANA SECTION 323119—DECORATIVE METAL FENCES AND GATES PART 1 - GENERAL 1.01 WORK INCLUDED The contractor shall provide all labor, materials and appurtenances necessary for installation of the welded ornamental steel fence system defined herein at(specify project site). 1.02 RELATED WORK Section -Earthwork Section -Concrete 1.03 SYSTEM DESCRIPTION The ornamental fence system shall be 7' height & 4'height from grade. The system shall include all components(i.e., panels,posts,gates and hardware)required. 1.04 QUALITY ASSURANCE The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified. 1.05 REFERENCES ■ ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy Coated(Galvannealed)by the Hot-Dip Process. ■ ASTM B 117-Practice for Operating Salt-Spray(Fog)Apparatus. ■ ASTM D523 -Test Method for Specular Gloss. 0020 ■ ASTM D714-Test Method for Evaluating Degree of Blistering in Paint. ■ ASTM D822 - Practice for Conducting Tests on Paint and Related Coatings and Materials using Filtered Open-Flame Carbon-Arc Light and Water Exposure Apparatus. ■ ASTM D1654 - Test Method for Evaluation of Painted or Coated Specimens Subjected to Corrosive Environments. ■ ASTM D2244 - Test Method for Calculation of Color Differences from Instrumentally Measured DECORATIVE METAL FENCES AND GATES 323119- 1 of 6 LONGFELLOW ELEMENTARY SCHOOL FEBRUARY 16,2018 BOZEMAN,MONTANA Color Coordinates. ■ ASTM D2794 - Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation(Impact). ■ ASTM D3359 -Test Method for Measuring Adhesion by Tape Test. ■ ASTM F2408—Ornamental Fences Employing Galvanized Steel Tubular Pickets. 1.06 SUBMITTAL The manufacturer's literature shall be submitted prior to installation. 1.07 PRODUCT HANDLING AND STORAGE Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling.Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage,weather,vandalism and theft. 1.08 PRODUCT WARRANTY A. All structural fence components (i.e. rails, pickets, and posts) shall be warranted within specified limitations, by the manufacturer for a period of 20 years from date of original purchase. Warranty shall cover any defects in material finish, including cracking,peeling, chipping,blistering or corroding. B. Reimbursement for labor necessary to restore or replace components that have been found to be defective under the terms of manufactures warranty shall be guaranteed for five (5) years from date of original purchase. DECORATIVE METAL FENCES AND GATES 323119-2 of 6 LONGFELLOW ELEMENTARY SCHOOL FEBRUARY 16,2018 BOZEMAN, MONTANA PART 2-MATERIALS 2.01 MANUFACTURER The fence system shall conform to Montage Commercial standard picket space Welded and Rackable (ATF—All Terrain Flexibility)Ornamental Steel, Majestic design, extended picket bottom rail treatment, 3-Rail style manufactured by Ameristar Fence Products,Inc., in Tulsa, Oklahoma or approved equal. 2.02 MATERIAL A. Steel material for fence panels and posts shall conform to the requirements of ASTM A653/A653M, with a minimum yield strength of 45,000 psi (310 MPa) and a minimum zinc(hot-dip galvanized) coating weight of 0.60 oz/ft2 (184 g/m2), Coating Designation G-60. B. Material for pickets shall be 3/4" square x 14 Ga. tubing. The rails shall be steel channel, 1.5" x 1.4375" x 14 Ga. Picket holes in the rail shall be spaced 4.675" o.c..Fence posts and gate posts shall meet the minimum size requirements of Table 1. 2.03 FABRICATION A. Pickets, rails and posts shall be pre-cut to specified lengths. Rails shall be pre-punched to accept pickets. B. Pickets shall be inserted into the pre-punched holes in the rails and shall be aligned to standard spacing using a specially calibrated alignment fixture. The aligned pickets and rails shall be joined at each picket-to-rail intersection by Ameristar's proprietary fusion welding process, thus completing the rigid panel assembly (Note: The process produces a virtually seamless, spatter-free good-neighbor appearance, equally attractive from either side of the panel). C. The manufactured panels and posts shall be subjected to an inline electrode position coating (E-Coat) process consisting of a multi-stage pretreatment/wash, followed by a duplex application of an epoxy primer and an acrylic topcoat. The minimum cumulative coating thickness of epoxy and acrylic shall be 2 mils (0.058 mm). The color shall be Black. The coated panels and posts shall be capable of meeting the performance requirements for each quality characteristic shown in Table 2 (Note: The requirements in Table 2 meet or exceed the coating performance criteria of ASTM F2408). D. The manufactured fence system shall be capable of meeting the vertical load,horizontal load,and infill performance requirements for Commercial weight fences under ASTM F2408. DECORATIVE METAL FENCES AND GATES 323119 -3 of 6 LONGFELLOW ELEMENTARY SCHOOL FEBRUARY 16, 2018 BOZEMAN,MONTANA E. Gates with an out to out leaf dimension less than and including 72 inches shall be fabricated using Montage Commercial ornamental panel material and 1-3/4" sq. x 14ga. gate ends. Gate leafs greater than 72 inches shall be fabricated using ForeRunner rails, 17 gauge pickets, intermediate uprights, gussets and 1-3/4" sq. x 14ga. gate ends. All rail and upright intersections shall be joined by welding. All picket and rail intersections shall also be joined by welding. PART 3-EXECUTION 3.01 PREPARATION All new installation shall be laid out by the contractor in accordance with the construction plans. 3.02 INSTALLATION Fence post shall be spaced according to Table 3, plus or minus 1/4". For installations that must be raked to follow sloping grades, the post spacing dimension must be measured along the grade. Fence panels shall be attached to posts with brackets supplied by the manufacturer. Posts shall be set in concrete footers having a minimum depth of 36" (Note: In some cases, local restrictions of freezing weather conditions may require a greater depth). The "Earthwork" and "Concrete" sections of this specification shall govern material requirements for the concrete footer. Posts setting by other methods such as plated posts or grouted core-drilled footers are permissible only if shown by engineering analysis to be sufficient in strength for the intended application. 3.03 FENCE INSTALLATION MAINTENANCE When cutting/drilling rails or posts adhere to the following steps to seal the exposed steel surfaces; 1) Remove all metal shavings from cut area. 2)Apply zinc-rich pruner to thoroughly cover cut edge and/or drilled hole; let dry. 3) Apply 2 coats of custom finish paint matching fence color. Failure to seal exposed surfaces per steps 1-3 above will negate warranty. Ameristar spray cans or paint pens shall be used to prime and finish exposed surfaces; it is recommended that paint pens be used to prevent overspray. Use of non-Ameristar parts or components will negate the manufactures' warranty. 3.04 GATE INSTALLATION Gate posts shall be spaced according to the manufacturers' gate drawings, dependent on standard out-to-out gate leaf dimensions and gate hardware selected. Type and quantity of gate hinges shall be based on the application; weight, height, and number of gate cycles. The manufacturers' gate drawings shall identify the necessary gate hardware required for the application. Gate hardware shall be provided by the manufacture of the gate and shall be installed per manufacturer's recommendations. 3.05 CLEANING The contractor shall clean the jobsite of excess materials; post-hole excavations shall be scattered uniformly away from posts. Table 1—Minimum Sizes for Montage Commercial Posts DECORATIVE METAL FENCES AND GATES 323119-4 of 6 LONGFELLOW ELEMENTARY SCHOOL FEBRUARY 16, 2018 BOZEMAN, MONTANA Fence Posts Panel Height 2-1/2"x 14 Ga. 7' & 8' Heights Gate Height Gate Leaf 7' & 8' Heights Up to 4' 3"x 12 Ga. 4'1"to 6' 4"x 12 Ga. 6'1"to 16' 6"x 12 Ga. Table 2—Coating Performance Requirements Quality ASTM Test Method Performance Requirements Characteristics Adhesion D3359—Method B Adhesion (Retention of Coating) over 90% of test area(Tape and knife test). Corrosion B117,D714&D1654 Corrosion Resistance over 1,500 hours (Scribed per Resistance D1654; failure mode is accumulation of 1/8" coating loss from scribe or medium#8 blisters). Impact Resistance D2794 Impact Resistance over 60 inch lb. (Forward impact using 0.625"ball). Weathering D822 D2244, D523 (60° Weathering Resistance over 1,000 hours (Failure Resistance Method) mode is 60% loss of gloss or color variance of more than 3 delta-E color units). Table 3—Montage Commercial—Post S acing By Bracket Type Span For INVINCIBLE° For CLASSIC, GENESIS, &MAJESTIC 8' Nominal(90.445"Rail) 8'Nominal (91.95"Rail) Post 2-1/2" 3" 2-1/2" 3" 2-1/2" 73' 2-1/2" 3" 2-1/2" 3" DECORATIVE METAL FENCES AND GATES 323119 - 5 of 6 LONGFELLOW ELEMENTARY SCHOOL FEBRUARY 16,2018 BOZEMAN,MONTANA Size Bracket Montage Montage Montage Montage Montage Montage Type Commercial Commercial Commercial Commercial Commercial Commercial Invincible Flat Invincible Line Universal Line Blvd. Flat Mount Swivel Mount 2-1/2"(BB119) (BB112) (BB114) (BB111) (BB113)* (BB118) 3"(BB 120) Post Settings 94" 94-1/2" 94" 94-1/2" 95" 95" 95" 95-1/2" *95" *95-1/2" 1/4" O.C. *Note: When using BB304 swivel brackets on either or both ends of a panel installation, care must be taken to ensure the spacing between post and adjoining pickets meets applicable codes. This will require trimming one or both ends of the panel. DECORATIVE METAL FENCES AND GATES 323119- 6 of 6 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: (S WPPP Submittal)Measurement shall be made on a lump sum basis. Payment at the contract unit price shall constitute full compensation for preparing a storm water pollution prevention plan, submitting the plan to the Montana DEQ and the City Stormwater Department,and receiving approval of the plan from both the DEQ and the City of Bozeman. The City of Bozeman will conduct an adequacy review&the MDEQ will conduct a completeness review. Pre-submittal of the SWPPP to the City of Bozeman Stormwater Division is required. All fees required by the DEQ shall be considered incidental to the completion of this item. Item 104: (SWPPP Implementation) Measurement shall be made on a lump sum basis. Payment at the contract unit price shall constitute full compensation for implementing,inspecting,and maintaining the approved storm water pollution prevention plan throughout the project; including all materials, labor, tools, equipment, and incidentals necessary to complete the item. The contractor shall be required to follow guidance from the City Stormwater Department to receive full payment for this item. Item 105: (Unclassified Excavation Above Subgrade) Measurement and payment shall be as per MPWSS Section 02230 4.l.A for Excavation Above Subgrade and shall include Embankment in place utilizing materials excavated from the site as provided under MPWSS Section 02230 4.1.C.2. This item does not include the excavation above subgrade for sidewalks, ped ramps, drive or alley approaches. Payment for excavation above subgrade associated with those items shall be included in the unit price for those items. This item does not include excavation or removal of materials generated from underground utility installation associated with this project. Payment for this work shall be incidental to the f 1 MEASUREMENT AND PAYMENT installation of the utilities. 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 106: (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 107: (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 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 108: (Geotextile Separation Fabric) Measurement and payment shall be as per MPWSS Section 02110 4.1. Item 109: (3"Minus Uncrushed Sub Base Course)Measurement and payment shall be as per MPWSS Section 02234 4.1. Item 110: (1"Minus Crushed Base Course)Measurement and payment shall be as per MPWSS Section 02235 4.1. Item 111: (3"Thickness of Asphalt Concrete Pavement,Type B) Measurement and payment shall be as per MPWSS Section 02510 4.2. Item 112: (Concrete Curb and Gutter)Measurement and payment shall be as per MPWSS Section 02528 4.LA. Item 113: (Concrete Vertical Curb) Measurement and payment shall be as per MPWSS Section 02528 4.1.A. Item 114 & 116: (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 1"minus crushed base material,and backfill. Pedestrian ramps shall be included in the measurement and payment for the 6"depth concrete. Item 115: (Concrete Fillet&Double Gutter)Measurement and payment shall be as per MPWSS Section 02529 4.3 & 4.4. Payment shall be inclusive of excavation, placing 1" minus crushed base material, backfill, and following all aspects of the City of Bozeman standard details 02529-1 & 02529-2. Item 117: (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 2 MEASUREMENT AND PAYMENT panels in accordance with the manufacturer's recommendations. Item 118: (At Grade Crosswalk) Measurement and payment shall be as per MPWSS Section 02529 4.3 & 4.4. Payment shall be inclusive of all forming, reinforcing and placing of concrete. Payment shall also include the placement of colored concrete as described in the contract drawings. Unclassified excavation under the crosswalk shall be paid for under bid items#105 and placing and compacting the base courses under the crosswalk shall be paid for under bid items#110 and#111. Item 119: (Trench Restoration) Measurement for trench restoration shall be by the actual number of linear feet of trench restoration satisfactorily accomplished outside the limits of the street reconstruction on South Tracy (Stations 0+00 — 3+87 & 31+56.5 — 33+10 on the Road Sheets). Trench restoration completed inside the limits of the Street Reconstruction shall be considered incidental to the cost of the utility installation. Measurement shall be along the centerline of the installed utility. Payment shall be made at the unit bid price for all labor,equipment,materials and incidentals necessary to furnish,place, grade and compact the sub-base material and base course material,per the plans. This bid item does not include hot mix asphalt placement. Additional payment will not be made for trenches that are wider than anticipated due the condition of the trench walls or other factors uncovered during construction that affect the width of the trench. Item 120: (4"Asphalt Surface Restoration) This item shall be measured and paid for on a square yard basis and shall constitute full compensation for removing the existing asphalt section,regardless of the thickness of the asphalt,to the limits shown on the plans, outside the limits of the street reconstruction (Stations 0+00—3+87&31+56.5—33+10 on the Road Sheets),placing,grading and compacting road base material to restore the existing grade of the road,and placing and compacting 4"thickness(2 lifts) of hot mix,type B surface course asphalt within the limits of the proposed asphalt surface restoration area as described in the contract drawings. Payment shall also include compensation for application of SS-1 tack coats where the new asphalt is adjacent to existing concrete and asphalt, and for furnishing, handling, hauling, placing, shaping, compacting and finishing the pavement mix and matching the existing street grade. Item 121: (4"Sch.80 PVC Utility Conduit)Measurement and payment shall be by the lineal foot(LF). Payment at the contract unit price shall constitute full compensation for trench excavation,dewatering, backfill,and compaction,furnishing and installing pipe,bedding,proper disposal of all waste materials, and all other work necessary or incidental for completion of the item. Item 122: (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 123: (Topsoil Excavation in Boulevard Areas)Measurement&Payment shall be on a cubic yard basis. Payment at the contract unit price shall constitute full compensation for excavating and disposing of excess topsoil in areas between the existing sidewalk and the proposes curb and gutter as directed by 3 MEASUREMENT AND PAYMENT the on site engineer. Item 124: (Traffic Control)Measurement and payment shall be as per MPWSS Section 01570-4.1. Item 125 & 126: (2" & 2.5" 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"and"2.5"square tube metal posts",said price and payment to be fall compensation for furnishing all materials(including foundation sleeve, foundation material and concrete), and for 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"SX1" & SX2" shall be considered incidental to construction and no separate payment shall be made for this work. Item 127: (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 128 & 129: (Preformed Plastic Pavement Markings) Measurement and payment shall be per MPWSS Section 02582,Part 4. Item 130: (Epoxy Pavement Marking — Curb Top & face) Measurement and payment shall be per MPWSS Section 02581,Part 4. Item 131: (Preformed Plastic Tape Sharrow Symbol) Measurement and payment shall be per each sharrow symbol installed as called out in the contract documents and as described in the specifications. Item 132: (Speed Sign&Electrical Work) Measurement and payment shall be by lump sum. Payment shall constitute full compensation for furnishing and installing one electronic speed sign as called out in the contract specifications and wiring and mounting the proposed speed sign and one existing speed sign as specified in the contract drawings and specifications. Payment shall also include all work necessary or incidental to completion of this item. Item 133: (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. 4 MEASUREMENT AND PAYMENT Item 134: (Exploratory Excavation)The item shall be measured and paid by the number of hours spent performing exploratory excavation. This bid item shall be directed by the on-site engineer in locations where information about an existing buried utility is needed. The exploratory crew shall consist of a minimum of one excavator, one operator,and one laborer. The contractor shall assume all liability for damage to existing utilities as a result of this bid item. Item 135,231,308 &412: (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• (Valves)Measurement and payment shall be as per MPWSS Section 02660 4.6 A. Items 207 208 209 210 211 212&213• (Tees,bends,crosses,&reducers)Measurement and payment shall be as per MPWSS Section 02660 4.3 A. Item 214: (Existing Hydrant Connection)Measurement shall be by the numerical count of each existing hydrant that is reconnected. Payment at the contract unit price shall constitute full compensation for furnishing and installing all pipe,fittings(with the exception of the mainline tee),couplers and providing all tools, equipment and incidentals necessary to complete this item. Items 215 216 217 218 & 219• (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 joint and thrust restraint,dewatering,proper disposal of all waste materials,and all other work necessary or incidental for completion of the item. Item 220: (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 5 MEASUREMENT AND PAYMENT providing all tools, equipment and incidentals necessary to complete this item. Item 221: (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 222: (Service reconnections, 4" diameter and larger) Measurement and payment shall be by the numerical count of each service 4" and larger that is reconnected. Payment at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, fittings,and for tapping of the new main and providing all tools,equipment and incidentals necessary to complete this item. When a service 4" and larger is connected outside the limits of the trench, the contractor shall also be compensated for the length of pipe installed under bid item#215 for 4"services & #216 for 6" services. Item 223: (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 224: (Fire hydrants) Measurement and payment shall be as per MPWSS Section 02660 4.7 A. Item 225: (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 226: (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. Item 227: (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 6 MEASUREMENT AND PAYMENT cuts, and for all materials, tools, equipment and incidentals necessary to complete this item. Progress payments are in proportion to total construction completed. Item 228: (Type 2 Bedding)This item shall be measured and paid for as per MPWSS Section 022214.4, cubic yard basis. Item 229: (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 230: (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, furnishing 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 & 303: (8" 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. Item 304&305: (4' Dia. Basic Manhole 5'-0"Depth, &Additional Manhole Dept)This item shall be measured and paid for as per MPWSS Section 02730 4.3. Item 306: (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 inthe sewer main. Item 307: (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. 7 MEASUREMENT AND PAYMENT Item 308: (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. Item 404, 405 & 406: (12", 15" & 18" Storm Sewer Pipe) Measurement and payment shall be as per MPWSS Section 02720 4.2.A. Item 407, 408 & 410: (Basic 4' Diameter Storm Sewer Manhole, Basic 5' Diameter Storm Sewer Manhole&4' Combination inlet/iiianhole)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 409: (Standard Strom Drain Inlet) Measurement and payment shall be as per MPWSS Section 02720 4.4.A. 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. Items 501: (Remove Existing Concrete Paving.) Measurement and payment shall be as per MPWSS Section 02112 4.2 where the quantity shall be measured by the square foot (SF) of concrete flatwork removed,which prices shall include all removal and disposal work(saw cutting included)regardless of 8 MEASUREMENT AND PAYMENT the thickness of the concrete. Item 502: (Remove Existing Concrete Stairs)Measurement and payment shall be as per MPWSS Section 02112 4.2 where the quantity shall be measured per lump sum(LS) of concrete stairs removed, which prices shall include all removal and disposal work(saw cutting included)regardless of the thickness of the concrete. Item 503 and 504: (Remove Existing Ornamental and Chain Link Fencing) Measurement of fence removal shall be by the lineal foot(LF)of existing fence removed per the contract documents. Payment of fence removal shall include all removal and proper disposal work at the contract unit price bid,which includes all equipment, tools, labor and performance of all work to provide incidentals necessary to complete this item. Item 505: (Remove Existing Flagpole) Measurement of flagpole removal shall be per each (EA) of existing flagpoles removed per the contract documents. Payment of flagpole removal shall include all removal and proper disposal work at the contract unit price bid, which includes all equipment, tools, labor and performance of all work to provide incidentals necessary to complete this item. Item 506: (6" Storm Sewer Pipe) Measurement and payment shall be as per MPWSS Section 02720 4.5.A, where the quantity shall be measured by the lineal foot (LF) of pipe from the tee or wye of the main line to the storm drain inlet(s), which prices shall include all trench excavation, backfill and replacement to like standard of all materials disturbed during installation. The contract bid prices are full payment for all labor,materials,tools and other incidentals as may be required to complete the item and all incidental work related thereto, whether specifically mentioned herein or not. Item 507: (24"Standard Riser Inlet)Measurement and payment shall be as per MPWSS Section 02720 4.4.A, where the quantity shall be measured per each(EA) storm drain inlet installed per the contract documents,which prices shall include all trench excavation,backfill and replacement to like standard of all materials disturbed during installation. The contract bid prices are full payment for all furnishing and installing all materials required(including grates),labor,compaction,tools and other incidentals as may be required to complete the item and all incidental work related thereto,whether specifically mentioned herein or not. Item 508: (Washed Rock Pit for Roof Drain)Measurement of washed rock pit installation shall be per each (EA) pit installed per the contract documents. Payment of pit installation shall include all excavation and backfill, materials, equipment, tools, labor and performance of all work to provide incidentals necessary to complete this item. Item 509:(4"Roof Drain Inlet)Measurement of roof drain inlet shall be per each(EA)inlet installed per the contract documents. Payment of inlet installation shall include all excavation and backfill,materials, equipment, tools, labor and performance of all work to provide incidentals necessary to complete this item. Item 510: (4" Sch. 40 PVC Roof Drain Lateral Pipe)Measurement and payment shall be by the lineal 9 MEASUREMENT AND PAYMENT foot(LF). Payment at the contract unit price shall constitute full compensation for trench excavation, backfill,and compaction,furnishing and installing pipe,bedding,proper disposal of all waste materials, and all other work necessary or incidental for completion of the item. Item 511 & 512: (Concrete Paving and Integral Color Concrete Paving(4"Depth)) Measurement and payment shall be as per MPWSS Sections 02529 4.4,where the quantity shall be measured per square foot(SF)of the installed concrete paving per the contract documents. Payment is full compensation for all material, excavation, bacic ll, curing of concrete, pre-molded mastic material, concrete coloring, equipment,tools and labor,and for the performance of all work and incidental necessary to complete this item. Item 513 514 515 and 528: (Flagpole, 6' Bench, 5' Tree Grate and Bike Rack)Measurement and payment shall be per each (EA) at the unit bid price and shall be full compensation for furnishing and installing the site furnishings in accordance with the manufacturer's recommendations. Item 516 517 and 518: (84" Ornamental Fence, 48" Ornamental Fence, and 48" Chain Link Fence) Measurement and payment shall be by the linear foot(LF)at the unit bid price and shall be full compensation for furnishing and installing fence posts and panels in accordance with the manufacturer's recommendations. Item 519, 520, and 521: (8' Ornamental Steel Double Gate, 5' Ornamental Steel Single Gate, and 8' Chain Link Double Gate)Measurement and payment shall be per each (EA) at the unit bid price and shall be full compensation for furnishing and installing the gates in accordance with the manufacturer's recommendations. Item 522: (CIP Concrete Retaining Wall) Measurement and payment shall be as per MPWSS Section 02528 4.LA, where the quantity shall be measured per lineal foot(LF)of retaining wall/curb installed per the contract documents,which prices shall include all materials,curing of concrete,all pre-molded mastic material for expansion joints, contraction joints, steel dowels and sleeves, all equipment,tools, labor, and for the performance of all work and incidentals necessary to complete the item. Item 523: (CIP Concrete Header) Measurement and payment shall be as per MPWSS Section 02528 4.LA,where the quantity shall be measured per lineal foot(LF)of retaining wall header installed per the contract documents,which prices shall include all materials, curing of concrete, all pre-molded mastic material for expansion joints,contraction joints,steel dowels and sleeves,all equipment,tools,labor,and for the performance of all work and incidentals necessary to complete the item. Item 524:(CIP Concrete Stairs)Measurement and payment shall be as per MPWSS Sections 02529 4.4, where the quantity shall be measured per lump sum(LS)of the installed concrete stairs per the contract documents. Payment is full compensation for all material,excavation,backfill,curing of concrete,pre- molded mastic material,equipment,tools and labor,and for the performance of all work and incidental necessary to complete this item. Item 525 and 526: (2"O.D.Pipe Steel Hand Rail and 2"O.D.Pipe Steel Guard Rail)Measurement and 10 MEASUREMENT AND PAYMENT payment shall be by the linear foot (LF) at the unit bid price and shall be full compensation for furnishing and installing the steel railings per the manufacturers' recommendations. Item 527: (4" Sch.40 PVC Irrigation Sleeve)Measurement and payment shall be by the lineal foot(LF) of installed irrigation sleeve per the contract documents. Payment at the contract unit price shall constitute full compensation for trench excavation,including boring beneath existing pavement,backfill, and compaction,furnishing and installing pipe,bedding,proper disposal of all waste materials, and all other work necessary or incidental for completion of the item. 11 MEASUREMENT AND PAYMENT APPENDICES Existing Manhole Log Limits of Disturbance Standard Drawings � 1 SSMH SDMH #F0517 PT#4081 /' IBABCOCK ST 4 i r SSMH L #F0515 r SDMH PT#40482 s KOCH ST M we � SDMH i 0731 OLIVE ST r I 1 w SSMH #F0516 { -N- i ~ SDMH PT#40363 STORY S 'M r I SDMH SDMH a RI#40577 — ^L PT#40295ag CURTISS S STO Y SL 1 1 DATE: 11/29/17 THE CITY OF BOZEMAN MANHOLE REFERENCE MAP ENGDO36RING DEPARTMENT DRAWN BY: %MG 20 E. OlM --P.O.BOY 1230 EXISTING STRUCTURES BOZEMAN.MONTANA 59771-1230 PROJECT No.: PHONE: (408)552-2280 -- FAM (408) 552-2209 1 ��) SSMH JJ #F0512 CO�LEG�E ST I SSMH #F0514 SDMH k PT#40221 6IGKER N S SSMH _ #F0591 II III J ' I SSMH C v#F0626 i II SSMH #F0513 HARRISON ST s U J — N— I� o-: ' SSMH ` #F0625 11 it CLEVELAND ST M ti .Q DATE: 11/29/17 THE CITY BOZEMAN MANHOLE REFERENCE MAP 2 &lIGII788RING DEPARTMENT DRAWN BY: KMG 20 E. OtM -- P.O.Bog 1230 EXISTING STRUCTURES B0ZEMAN,MONTANA 5e771-1230 PROJECT No.: PHONE: (408) 582-2280 -- FAM (406)582-2283 SDMH444.�{ h PNT NO- W F M 40894 I 74 k I � I p - i pf 1 C E I ' s 1 a. / _•��{=• 1 ,t ��Sri _— •. I lose C, J .r E a � � �" •�,- •-. ,mot �.� ,I xioo t • �"�ry r� t � _ ,fit _ 777 a [ r. AN :1 t C r . •• 1. .� f • 1 ...•' � \� fin• V• � '.' - �. � •. ' • f • 1 _ ••~ s —ti •.�ill�',//"- � �. . ;:.�� a _ r,: �;�• ,� �:,� ,� • y" o ; Q •'^ - �� / �. 1 t.l7 �_ .. .__�;� L��. - ! ,r _-. ��, � �. f / ' _ -"`� /// I '� /I / � .I I, �% � .. •. 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O i 9 y c ° U Z Nav c� ° o vat Z"E 4) Z fn L Jma200 CZ'Jp ...+y0 ✓n _ Q d WCL QO z Jc: 0 g °a �v°- Qa0 ¢" .— CV M <} N F—L I-1 � W W �f O (� r�� ..� P4 y p I 4., o H rf U 4 �ac6 N r g X rla W is oo a �U) R9-11(L) SIDEWALK CLOSED AHEAD CROSS HERE 30"X24" SIDEWALK CLOSED 24"X18" 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. 51DEWALK CLOSED 24"X18" R9-11(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 5' cw� R9-9 SIDEWALK 4' ( CLOSED TEMPORARY ACCESS RAMP ADEQUATELY ; SUPPORTED FENCING FENCING ` SIDEWALK CLOSED MUST MAINTAIN 4' CLEAR AREA;� R9 9 BETWEEN FENCING. #4 WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF " OBSTRUCTIONS <. FENCING AS SHOWN MAY USED FOR SHORT TERM (LESS THAN APPROPRIATE TRAFFIC;' 30 DAYS) INSTALLATION. MORE CONTROL PLAN MUST BE PERMANENT STRUCTURES WILL BE USED FOR LANE CLOSURES �^ REQUIRED FOR LONGER TERM. �t A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) I CITY OF BOZEMAN SCALE: SIDEWALK CLOSURE NO. 01570-8 STANDARD DRAWING NONE WITH FEB 2007 DETOUR -57EEI SLRFAPJNG !w Ux ASPHALT 2e MIN. \V! CDWPACTO WE CONCRETE ADA67M AND SUBGRAGE k";' RDK;S AS NECESSARY (2-MIC-12-UAX.) NOTES: 1.Adjust manholes upward with adjusting rings under frame. 2.Adjust manhole downward by removing cone and barrel sections as necessary and replacing with sections of length required to match grade. 3.Slope manhole frame as required to mathch slope of stfut, 4.Final manhole adjustment shall be made before paving. 5.All joints between manhole sections,top cone,adjusting rings,and manhole ring shall be watertight Joint material shall be"tam-Nek"or approved equal. 6.Manhole ring and cover dial 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 fimne,305A cover,IFOO 772 frame, 772-B cover,or Deeter 1025,or D&L A-1 172 with I"cover. CITY OF BOZEMAN Scale: MANHOLE ADJUSTMENT NO. 02213-1 STANDARD DRAWING None DETAIL Rev.April 2005 TOP OF NEW PAVEMENT 1 e' MIN., 1 d" MAX. COMPACTED BASE & SUBGRAOE - 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 adjustable screw—type risers may be used to raise or adjust existing valve boxes only. 3. Valve box adjustment shown is designated as Type II 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 IS 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 TO O.S.H.A. REGULATIONS* 12"(30 cm) MIN. SUBGRADE OR GROUND SURFACE INSTALL DETECTABLE SLOPING, BENCHING OR WARNING TAPE 16"(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* Ix TYPE "A","B", OR "C" 6"(15cm) TRENCH BACKFILL SELECT TYPE I BEDDING MATERIAL PLACED �j �r_r�o\// IN 6"(15cm) LAYERS & TYPE I PIPE BEDDING COMPACTED AS SPECIFIED PLACED IN 6"(15cm) MAX. c° �///, IN SECTION 02221. LAYERS AND COMPACTED r'n cc ': 4"(10cm) o cc'G THOROUGHLY. �/ // r \% 1RENCH YADTH=O.D,OF PIPE PLUS 2'(b0em) MIN. TRENCH WIDTH= 3.5(1.1m) TYPE 2 PIPE BEDDING WHERE OR REQUIRED UNSTAB FOR WH 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 TYPICAL UTILITY TRENCH DETAILS STANDARD SPECIFICATIONS. NONE NO. 02221-1 It r• rccn,rulzcd Ih,;l halm- rn,,feri,,l•' which nrr,r, hr nz.7r•d foi pjpc Iw0dnlg, r,,r v !! (lel f10111 ,)Cif to ,u rt,. 'Thc1 cfol(. the lo11m!ins, i•� offcl cd i., ,,n to I he 1 plpc bo( diuu spccifk i,llon rn Feet ion 02221• TREXCH T,'.1CA ITIO1` A D PACKFILI, POP, PIPF— LHYE"�. AKD APPURTEKA T ,4:71?%I-C'TURE,� This dlcinolo shall hc� used oi)h if r ,,11cd for ill ilx., fll m isiol!s. 11 mw-1 be cnrphurir,rri lh,?I no •,pccifie,lfion :�hould he r.lrcd aAilhoni the cn��inccr � cx,dmilion of fhc p<iriiculru situation TYPE 1 PIPE BEDDING l'�Ir, 1 pi)x hcddrn�*. rn!por 1 ccf or r1,,11ur„lh orcurlmg, ou 'itc. .41"ll be _lHXc1. rrrairI s,,nd mirf ur o. or snnd The nail cr•ial shill br r!ell -nad(d and sh„ll conform lc, lhr requir-rimcnls for soil lope (;II (Lril ti(.l. !!ei! _-�1,10cd) or ``il (:�r,nd, 11ch "),,dcd) of if)(, i'ni- fleet Foil CI,Ja 4..,lfi(ation :�rslclr! A<: (Iolirloc;)ed in ,i�"111 1%:_'i}3? c ic : 131. t;l 1!i(, of lh1 cn 1)'"'i lTw moler crl n!io ronl,iin up to i runvim im of 1.2 perccnl pv,:z�shtz thr 200 �,Jovc providrd thr• plashrity inclex of thr m„tcrml is 6 or less. Thr m,rviniurn size ,r�ve) :-:hill 1)e 3, I tech. Thu (-oefficient of unifvrnnih� Ivr �ra\el s11,j11 be I 01 a1 eOt O) i:r1d 0 coefficient of' cttr�,1t ure behI CCn 1 iuld :%m(l s )„If lyric ,, coefficient of (imfoi-imh of 6 of jL cieotcr ,,nd ", coeffic lent of ( !n x r-,lure hei!recrl 3 iml .l T)pe 1 hed chnc Atoll rou.rA of o mimmum of 4 im hes(10 ( ill). or ) 13 the oul'ldc cll.rnrcl cr of pipe, 11 hichcl ut r, Ur miler. hod(h))_j nlnlcii,il mi(h,i It1c pipe and the hcd(l.nng molr-ii,,l oinrrnd ,1110 olel tho pipe to o point ,I nnnimilm 6 imllo,s (1,5cm) <,hotic 11rc lop of I he pipe unless spec ilicd of he r,!isc in l he :'pccral P)orisioj1s- i'he (oolficicrrl of unifornrih i,�� dcliucd t1s Iho ralio of :lam �izc- clwm)(-ler „1 60°" to 111c diilnrctcr nl 10";, rri" r ,prc. ocl Cu = D60 D10 Th(- roelfi(ie ril of cur)ature is defined ns ihr position of I he squr!re of the or„in size diomelel of .30",, passjn,.? to the product of the gl,im slzc di,rnrelei ,i1 10;' p,,.s"m)l2 times /1](- i1) size diunlelel ,1f 60% pas:sin_,j CNI)less(ld pis' 2 Cc = D30 D1 o x D60 1lhcre the noturalli- o( c,trrrillh rni,lcricjl contains ioids !chichi aoijld allow mlv)anon. .�aurd bcddin" nwf f-ritll .-01eill not he lined. l3cddtnL, rn<rielial rrlrtler rend i,!ound lyre pipe 10 b inch(,, (15(m) oboso the tnp of the pipe Shall he placed by hand or other cr,refrll 11101nei ..-�o 'Is not to ch.dlllrh ()rc hips, 1n rrrtaxilmill) hi-vers of 0 inches (15( m) and compa( led to el minimun) of 85 temdfi d Proctor A�Tilf D698 R. AASHTO T-99 Special c ai e shall ho Ir;herr to a.�surc compl(le cnmpr3cbon under tho hiwmhes of the pip(,. Pi-icl,fill 111,0 erir,l shi,11 he pl,lccd in the trench Jot 0:4 hill lridll, on c,cch side sim lilt r,uc°olisl! ll-atcl scllling of this portion of the hum,h will not hr allnirrd The addition of wcilc) shall he limited to that r(quirrd for oplimum n,oisinrc for nlazimrrnr compel( tion of the 11-latel-i<r1. REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: STANDARD DRAWING STANDARD SPECIFICATIONS NONE PIPE BEDDING ALTERNATE NO. 02221-2 A Grou d Surface / f Std.Trench Backfill Trench Plug Material—.,, SelectPipeBedding Bottom of Trench Type I Bedding A L10'(3m) J Section A-A Std.Trench Backfill Ground Surface Trench Wall Trench Wall Plug Limit Plug Limit 13'(90 cm) Plug Limit Trench Bottom 3'(90 cm)J L L3'(90 cm) REVISED: 10/21/02 MONTANA PUBLIC WORKS SCALE: TRENCH PLUG STANDARD DRAWNG STANDARD SPECIFICATIONS NONE EXCAVATION DETAIL NO. 02222-1 5.4" (0.45') 24" 9' 2" a 4" TOPSOIL° 3"R \ �_—_______,_ 3/4"to PER 1' SLOPE 12 a4 a 6„ 7.5" a t O O O 0 0000000000000000000000000000000 CRUSHED GRAVEL O 0 0 O O 0 0 O O O O O O 0 0 0 BASE - 3' MIN, 0000000000000000000000000000000 SUB—BASE COURSE AS REQUIRED COMPACTED SUBGRADE 3/4" '3�4" PER i' SLOPE .�-3 4" PER 1' SLOPE F�6. i 2" PER i' SLOPE y. 9,5—: a.8' 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 FACE OF CURB 15' R (TYP) FACE OF GUTTER EXPANSION JOINT CONTROL JOINT A BACK OF CURB FLOWLINE WITH CURB RETURN A FILLET AS ONE PIECE 6" JOINTS WILL BE REQUIRED IF EXISTING CURB DOWEL WITH 5 #4 X 36" RETURN, GRIND GUTTER APPROX. EVERY 10 FEET SMOOTH REBAR EVENLY TO FORM OUTLET SPACED ON V CENTERS CHANNEL WHEN THIS WITH 3 1/2" OF COVER. ONE ONEAEND OF BARS PLAN VIEW IS THE HIGH SIDE VARIABLE 6'-0" MIN. STREET SURFACE 3 1/2" 1. 1/2" PER 1'--ate 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 6' — 0" *1.5" °d A 7'r F *Depth will vary proportionately 3" GRAVEL with width of cross drain 3' CROSS DRAIN CONTROL JOINT - SEAL WITH BITUMINOUS JOINT SEALER EXPANSION JOINT 6" pM O 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 (TYP.) 3/4" STEEL DOWELS (OPTIONAL) CITY OF BOZEMAN SCALE: STANDARD FILLET NO. 02529-2 STANDARD DRAWING NONE AUG. 1994 4 a $ z r 4 0 � rn }: N o N Z V w p to z V) a O Z / `` •o O Q a 72 O m;2 cr- O 1 0 Q_ w j o Q cn +poi) .3 �3 oo� �, �j Ly J IJi • W J t� to 6$ m � w Z ' (n m w uj o Q iN 144 3 i 1' FROM EDGE OF GUTTER OR FACE OF VERTICAL CURB 8" White Standard —� 24" . White Stop Line a- 8' Standard SEE 2 NOTESTH : NOTE 2 I 1 I (1) E LOCATION OF THE CROSSWALK LINES ARE DEPENDENT UPON LOCATION 3' 1 OF THE SIDEWALKS. (2) 4 MINIMUM FOR SINGLE LANE APPROACHES. FOR MULTI-LANE APPROACHES , SETBACK BASED ON ENGINEERING DESIGN. White (3) USE YIELD LINE FOR I Yield Line UNCONTROLLED 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 i 1 2' 24" White Stop Line School Crossing f 2J 8' Typical NEW NOTES: (1) THE LOCATION OF THE CROSSWALK O LINES ARE DEPENDENT UPON LOCATION OF THE SIDEWALKS. I (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 C ) Revised April 2013 B 3 REDUCER MIN. X/ UNDISTURBED EARTH TEE TEE (Plugged) BEND STANDARD DIMENSIONS FOR THRUST BLOCKING FlTflNG TEES & PLUGS 90°BEND 4eBEYD & WYES 22 17LVD SIZES A B A B A B A B 4' 1'-7' 1'-2' 1'-9' 1'-6" V-8" 0'-10" 1'-7" 0'-6" 2-2" 1-lol 1'7" 1'9" 0'-10" 8" 2'-8" 2'-6" 3'-2" 3'-0' 2'-5" 2'-1" 1'-9" 1'-6" 10' 3'-4' 3'-3" 4'-0' 3'--10' 3'-0' 2'-9" 2'-2' 1'-1 t" 12' 4'-0' 3'-10" 4=8" 4'-B" 3'-8" 3'-3" 2'-7" 2'-3' 14" 5'-5" 3'-10' 6'-6' 4'-11' 4'-9" 3'-5' 3'-5" 2'-5' METRIC DIMENSIONS FOR THRUST BLOCKING FlT11NG TEES &PLUGS 90°BEND 00BEND do WYES REDUCERSB D SIZES A B A B A B A B locm 0.5m 0.4m 0.5m 0.5m 0.5m 0.3m 0.5m 0.2m 15cm 0.6m 0.6m 0.7m 0.7m 0,6m 0.5m 0.5m 0.3m 20cm 0.8m 0.8m torn 0.9m 0.7m 0.6m 0.5m 0.5m 25cm 1.0m 1.0m 1.2m 1.2m 0.9m 0.8m 0.7m 0.6m 30cm 1.2m 1.2m 1.4m 1.4m L I M 1.0m 0.8m 0.7m 3!cm 1.6m 1.2m 2,Om 1.5m 1.4m 1-Om 1.0m 0.7m N01E5 1. THESE TABLES ARE BASED ON 150 PSI(1030 kpa) MAIN PRESSURE 2.WRAP ALL FMINGS WITH POLYETHYLENE. 2000 PSF(9800 kg/m=) SOIL BEARING PRESSURE REVISED: 12 27 95 MONTANA PUBLIC WORKS SCALE: THRUST BLOCKING STANDARD DRAWING STANDARD SPECIFICATIONS NONE FOR WATER MAIN FITTINGS NO. 02660-1 NO VERTICAL REQUIREMENT '--WATER MAIN T SEWER 10'�3m)MIN. 1O d PARALLEL ARRANGEMENT L L L 2 L 2 EXISTING PIPE NEW PIPE -�- 1MIN.@ f-EXISTING PIPE' 1 " MI� I 0.5m)O 3 EW PIPE CROSSINGS O NOTES: 1Q 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 WILL BE AS FAR FROM THE FORCE MAIN AS POSSIBLE, t�3 LESS THAN 18 INCHES(0.5m) OF SEPARATION IS PERMITTED WHEN THE GRAVITY SEWER AT THE CROSSING IS MADE FROM A SINGLE 20 F00T(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 18 INCHES(0.5m) BETWEEN WATER MAIN AND SANITARY SEWER ® -L" IS A STANDARD LENGTH OF PIPE AS SUPPLIED BY A PIPE MANUFACTURER. 0 ADEQUATE STRUCTURAL SUPPORT FOR PIPES AT CROSSINGS SHALL BE PROVIDED. REVISED: 12/27/95 MONTANA PUBLIC WORKS SCALE: WATER AND SEWER MAIN STANDARD DRAINNG STANDARD SPECIFICATIONS NONE SEPARATION NO.02660-2 REBAR ANCHOR 0 0 0 0 e d d•. a .' d d' •G', A ' ,d da q O .d. d < d 'C' \ a e e: i \ a' d '0 \ d - d e � j •QG \ CONCRETE i a' d ANCHORS i „B„ „A„ NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO. 50 COATING OR EQUAL. THRUST BLOCK DIMENSIONS AnOw Vat" 100 PSI 150 PSI 200 PSI 250 PSI 300 PSI RodSize Size A B C A B C A B C A B C A B M. 2'-0" 2'-0 2'-0 2'-0"2'-0"2'-0`2'-0.2'-0"2'-0 2'-0 2'-0' 2'-0 2'-0'2'-0'2'-7 1 2 10" 2'-0- 2'-0 2'-0'2'-b 2'-6 2'-0 2'-9"2'-6'2'-6' 3'-0 3'-0'3'-0 3'-7 3'-0 3'-0 2'-0 2'-0'3'-0 3'-0 2'-6 3'-5'3'-0'3'-0'4'-3 3'-0'3'-0 5'-t 3'-0 3'-0 1 14" 2'-3" 2'-0 2'-0'3'-5 3'-0 3'-D 4'-6'3'-0'3'-0' 4'-0 4'-0'4'-0 4'-9 4'-0 4'-0 1 8 16 3'-0' 3'-0 S'-0'4'-4 J'-0 3'-0 4'-1'4'-0`4'-0' S'-1 4'-0'4'-0 6'-t 4'-0 4'-0 1 4 18 3'-6" 3'-0 3'-0'5'-5 V-0 3'-0 5'--t'4'-0`4'-0"6'-4 4'-0'4'-0 5'-9 5'-0 5'-0 3 8 24 14'-4' 4'-0 4'-0 6'-5 4'-0 a'-0 6'-6"5'-0'5'-0' 6'-5 6'-0'6'-0 7'-B 6'-0 6'-0 NOTE: Pressures shown above are 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, MUELLER SUPER CENTURION 250 OR WATEROUS PACER MIN. 4'— 0" CLEAR ALL AROUND (TREES, HEDGES, BUSHES, ETC.) O ADJUSTABLE SCREW ELEVATIONS AS SHOWN TYPE VALVE BOX ON PLANS OR 0.2' WITH LID ABOVE TOP OF CURB GRADE GROUND LINE \\ �\ UNDISTURBED EARTH // ` MIN. 6.5' COVER *CONCRETE THRUST BLOCK ° p e 70 MAIN LINE \� \\ S.ii�ii•`�t}i Z N i YT if Fi•' - r �.:. .t�t {`.f` r�'-•./ y4r .`.Li ta.`ii.��viti.+'_'ixia:%Ni .;T�,�i'.\ '`'t'bl•-•_5k e'� �,/v'1•`�''.`• ii.?:..: f3� \� \�',,'''M ,w,. ;;;;ri .;� w,:,•. .i a, .^..;:ty' JOINT AS REQUIRED FOR �%�/�� `4n.. >�i;`.a ?�• , n:- r.?s. •+;i:,.•r•=,�:; _.`i;t::';' '�:�_' n;� PIPE SPECIFIED \\%/�J �l•t rf,s:.i'`•k_:„ '•`•�YCi� i<,•I••"`=.kt'r'»LM.Yw..[�.a:^...�4 � ••i}.'a.�t:...':•Yy..' L. . �\`�\\\�\�. ..::`,. '„L'�i r4[. a�`t>kr\rJt-n�``.J t�•L. �h fA :KJl•IY.:ItIC`.•. _� •� IA'r ..�.•i>'• i r�..::.:tat� y „`I�\•:ex.:.a.4ii:�1.' `tea ••^!' :.': 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 PROPERTY LINE 2' MIN. IV W w W w W VARIABLE I r-FIRE HYDRANT IV Nv .... ....... ...... .... ............ .......... ....... . ......... ....... .......... ....... SIDEWALK .......... .. ....... ........... ...... . ........... ......... ............... .... ..... .. ......... WATER MAIN -N� CURB & GUTTER CURB WALK DETAIL PROPERTY LINE CURB & GUTTER ........... ......... .......... ................. ...... .. ........... .......................... 1.1:....'.....,......... ................ FIRE HYDRANT 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 '- STEEL POST MARKER PROPERTY PAINTED BLUE LINE OR EASEMENT LINE 5 1/2 ' BOULEVARD (TYP.) 4' STREET SURFACE 5' SIDEWALK GROUND SURFACE (TYP.) CURB BOX 11.5' PROVIDE 5' STATIONARY (TYP.) ROD IN ALL CURB BOXES 6 1/2' MIN. COVER SEE DETAIL S' BELOW CIRCUMSTANCES EWHEREPT IN SCIT`fAHAS TAP BY CONTRACTOR APPROVED ALTERNATE LOCATION) CURB STOP it n WATER MAIN NO COUPLINGS OR OTHER JOINTS ALLOWED ON SERVICE PIPE FROM BASE MATERIAL CORP. STOP TO CURB STOP FOR 3/4" AND 1- SERVICES. STRAIGHT COPPER PIPE SHALL BE USED FOR 1 1/2" AND 2" SERVICES DETAIL OF A SELECT MATERIAL BACKFILL AREA PROPERLY CORPORATION STOP (SEE SPECIFICATIONS) INSTALLED CORPORA TION STOP. /// TAP MAIN AT / / // // /.///./ // / / /// /' ,3 4" DIA. MIN. SPRINGL/NE. / /// SERVICE PIPE 2 O 3 \\\\\ 4 6" MIN. TRENCH BOTTOM GENERAL NOTES; 1. WATER SERVICE LINES SHALL HAVE A MINIMUM 6 1/2 FOOT COVER MEASURED FROM THE EXISTING GROUND SURFACE, EXCEPT THAT COVER SHALL BE MEASURED FROM CENTER LINE STREET GRADE WHEN SERVICE LINES ARE LAID TO A STREET SIDE WHICH HAS AN UPHILL SLOPE. WATER SERVICE LINES SHALL HAVE A MAXIMUM 7 1/2 FOOT COVER AT CURB STOP. 2. WATER SERVICE LINES SHALL BE INSTALLED WHERE SHOWN ON THE DRAWINGS OR AS SPECIFIED. 3. BEDDING SHALL BE 1" DIA. MAXIMUM WITHIN 6" OF SERVICE PIPE. 4. INSTALL CURB STOP SO THAT OPERATING KEY IS PARALLEL TO STREET IN OFF—POSITION. CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-6 STANDARD DRAWING NONE DEC 2003 R 1' FINISH GRADE CURB BOX VALVE BOX TOP SECTION BUN MUELLER H-15428 STRAIGHT GALVANIZEDING OR BRASS CAP 6.5' MIN COPPER SERVICE LINE 2" COPPER SERVICE LINE 1/4 BEND COMPRESSION 2 COUPLING 1/8" DIAMETER 1 3 4 7. � OP CORPORATION STOP PR0VIDE1/8" DIAMETER DRAIN HOLE WATER MAIN CITY OF BOZEMAN SCALE: TYPICAL BLOWOFF N0. 02660-7 STANDARD DRAWING NONE Dec. 2003 UNDISTURBED EARTH (TYP ) /��/!/\\!/!\\%\\%j\\jj\\/\\��\�\\!!�\!!!��!/��/! CONCRETE THRUST BLOCK (TYP.) - MJ GLAND - d MJ GLAND ' D.I. MJ D.I. D.I. PIPE TEE PIPE PIPE MJ VALVE D.I. MJ GLAND PIPE ® 3/4" 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.) PIPE, AND CONFORMING MJ GLAND TO ASTM 536-80 MAY BE USED 1N CONJUNCTION D.I. WITH THE RESTRAINING RODS. PIPE CITY OF BOZEMAN SCALE: TYPICAL VALVE/TEE NO. 02660-10 STANDARD DRAWING NONE RESTRAINT DEC 2003 t- r- J Q Q M LLJ CO M Ld04 LU IL �� O w <0 a �w / (N mm j\\/\ OZ Z E � ~ Q Z w CY W }: ' \ h z uiLO LLJ UI � � ::. W Q < Z / °a LLJ H t= CJ v ~ =Q X C) Q _ Z {— 0 v O Q U O O z Qa ° a' 6i� v. 8 0 00- 00 Q� QDcl� \\ /� LLJ LLJ V z �ooz m W 0 i _ H Jm ° Vy :, W w W cn\m e N N Z ; q`• ° .v FIJM.-JI M-i �3Z WZW �,•� O W aoo \\//\ LLJ E Fl zmo U E- U1 w W }- � 3AIVA M3N '.;�/� W �O YZ I- i. 001- O w (n mm ZOY zZ a O LL F-a O Z / Q r-tw- W� m Q0- W t of tZ-- ZN W z� � O i O V) F- W R NEAREST FOUNDATION WALL TO CURB STOP CURB STOP AND BOX SEE DETAILS A & 8 BELOW WATER MAIN 6.5' MIN. COVER WATER SERVICE LINE STUB �. (SEE C.O.B. STANDARD WATER SERVICE UNE—� DRAWING D2660-6) INSTALLED BY CUSTOMER (SERVICE APPLICATION & PLUMBING PERMIT REQUIRED) NOTE: METER SIZED SAME AS INCOMING LINE—NO EXCEPTIONS. FOUNDATION BACKFLOW PREVENTION ASSEMBLY WALL (AS REQUIRED) VMIN./2' MAX SERVICE LINE ��1 ANGLE STOP �- BACKFLOW PREVENTION—1' MI ./2' MAX TO DOMESTIC METER* ASSEMBLY (AS REQUIRED) FIXTURESFOUNDATION III WALL FIXTURES DOMESTIC �� FlXTURES �. . . a DOWNSTREAM . •� SHUTOFF '* DOWNSTREAM 1' MIN., • SHUTOFF 2' MAX ��ANGL7STOP MR" 1' MIN. FLOOR OR STRAIGHT STOP *METER SAME SIZE AS INCOMING LINE-NO EXCEPTIONS, METER MUST CONNECT DIRECTLY DEVICE TO ANGLE OR STRAIGHT STOP AND QUARTER-BEND COUPLING (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". 5. 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 HAS BEEN INSPECTED AND APPROVED BY THE WATER DEPARTMENT. 8. 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 BE MADE WITHIN 18" OF CURB STOP. 10. METER, BACKFLOW PROTECTION,AND INCOMING SERVICE LINE MUST ALL BE THE SAME SIZE. WATER SERVICE LINE CITY OF BOZEMAN SCALE: NO. 02660-15 STANDARD DRAWING NONE FROM CURB STOP TO BUILDING Dec. 2003 (LINES 2" AND SMALLER) Rev. Aril 2006 i , i 60 R.O.W. �T �s• (tt�.) � 1V 30 (p.) V O ' o 77 lie WATER � 30' SEWER �; h R h of O O W W PROPERTY LINE Mi M�7— 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 N0, 02660-16 STANDARD DRAWING NONE SERVICES LOCATION Dec. 2003 STANDARDS FINISHED WALLS FINISHED WALLS DOWNSTREAM z SHUTOFF DOWNSTREAM BACKFLOW DEVICE Z SHUTOFF ^ BACKFLOW DEVICE r METER CD METER ANGLE STOP ANGLE STOP 12" MIN CLEAR 6" MIN CLEAR /4" AND 1 " COPPER SERVICES 1 1 /2" AND 2" COPPER SERVICES PLAN VIEW PLAN VIEW FINISHED WALL � FINISHED WALL � J J U U Z_ N ANGLE STOP r ANGLE STOP FINISHED FINISHED 1' MIN FLOOR 1' MIN FLOOR 2' MAX 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 a. a ° 3 6" R.C.P. ASTM C-76 ° CLASS 2 a a a p 4 � L D BLOCK OUT FOR CY a INLET PIPE ^ ui Q �a a ' a e 9" SUMP a ' a a —4" 6" PRECAST BASE 44" O.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, DEEPER 2d47L OR D & L 1-3517 TRANSITION CURB & GUTTER TO MATCH INLET CASTING (TYPICAL FOR ALL INLETS) �.'• ®• PRECAST CONCRETE, M-3000 OR C-3000 VARIABLE (3' MIN.) 3' NO. 4 BARS AT 12" CENTERS. r MAX., SPACED EQUALLY 6" (TYP.) FRONT VIEW 4" MINIMUM, 7" MAXIMUM OPENING 5/8" SMOOTH ROD CENTERED IN OPENING (EXCEPT FOR EJIW 7030) 1" MAX OFFSET ALLOWED FOR CASTING BACK PIECE ADJUSTMENT VARIABLE 2'-0" CURB AND GUTTER TO BE WARPED TO MATCH INLET, DESIGNERS WILL PROVIDE ADDITIONAL BLOCK OUT FOR DESIGN DETAILS TO FIT SPECIFIC OUTLET PIPE CONDITIONS. 12" RCP (Typ.) B" 3'-0" SIDE VIEW CITY OF BOZEMAN SCALE: STANDARD SQUARE NO. 02720—IA STANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003 Rev MAR 2006 4" MINIMUM, 7" MAXIMUM OPENING 5�g' DIA SMOOTH INLET CASTING ROD ENTERED IN OPENING NEENAH R-3067-L, (EXCEPT FOR EJIW 7030) EJIW 7030, 6" FLAT • DEETER 2047L, OR SLAB COVER D & L 1-3517 }---24"-� OPENING 4' DIA. PRECAST REINFORCED CONCRETE MANHOLE AND BASE, AS PER STANDARD DRAWING NO. 02720-4 4'-0" q. 9" MIN. 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. 02720-1 B 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. Flat slab cover Adjustable rings, 2" min., 12" max.e NOTE: All joints between manhole sections, ' manhole ring & top section, and around sewer pipe into manhole shall be water- 24" or tight. Jointing material shall be "Ram—Nek" 27" Opening ° or equal for all joints except between P g sewer pipe and manhole wall. N O e: M _ N Manhole steps at o a° 0 16" centers A Precast reinforced concrete manhole riser a and cover manufactured in accordance ai with ASTM designation C-478. L 0 , 0) in C C N O y O a As required 0 ° O e e ' S' o Cutouts as required m E � N .0 O e '7 w 0- O N !' e Q U N ed y ° cn 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 1"per foot Channel to tali thickness is 6 inches. pipe depth. NOTE: Storm drain manholes shall Dia. of sewer r pipe �'�.�•' - - not have formed channels and the 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 GREEN STEEL POST AT END OF SERVICE PROPERTY LINE OR EASEMENT LINE 5 1/2' BOULEVARD (TYP.) 4' STREET SURFACE 5' SIDEWALK GROUND SURFACE (TYP.) '' 1 COMPACTED BACKFILL (TYP.) (SEE SPECS.) 11.5' 8' (TYP.) (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS APPROVED ALTERNATE LOCATIONS) 2" X 2" WOOD SERVICE LINE. SLOPE = 1/4" MARKER 45' ELBOW PER FOOT MIN., 1/2" PER FOOT MAX. SEWER MAIN IN LINE WYE FITTING FOR PLUG NEW INSTALLATIONS. SADDLE FITTINGS ALLOWED FOR EXISTING INSTALLATIONS ONLY UPON APPROVAL OF CITY OF BOZEMAN SEWER DEPARTMENT. SERVICE INVERT NO LOWER THAN SPRING LINE OF SEWER MAIN FOR WYE FITTINGS. CITY OF BOZEMAN SCALE: SANITARY SEWER NO. 02730-2 STANDARD DRAWING NONE SERVICE LINE DEC. 2003 GREEN STEEL POST AT END OF SERVICE PROPERTY LINE OR EASEMENT LINE 5 1/2' BOULEVARD (TYP.) 4' STREET SURFACE 5' SIDEWALK GROUND SURFACE (TYP.) mot`.i;:"• 1 COMPACTED BACKFILL (nP•) (SEE SPECS.) 1 1.5' 8' - (TYP.) (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS APPROVED ALTERNATE LOCATIONS) 2" X 2" WOOD MARKER SERVICE LINE. SLOPE = 1/4" PER FOOT MIN., 1/2" PER FOOT MAX. PLUG 45" ELBOW 45' BEND DUCTILE IRON SEWER FITTINGS. SDR 26 PVC PIPE NOTES: SEWER MAIN 1. THIS INSTALLATION MAY BE USED IF DEPTH OF COVER AT STUB END WILL EXCEED 6.5' WITH STANDARD INSTALLATION (PER STANDARD DRAWING 02730-2) 2. MIN. DEPTH OF COVER SHALL BE 5' AT END OF SERVICE STUB. ENGINEER SHALL BE RESPONSIBLE FOR DETERMINING REQUIRED ELEVATION OF STUB. 3. DUCTILE IRON FITTINGS SHALL BE HARCO GASKET X GASKET OR APPROVED EQUAL. CITY OF BOZEMAN SCALE: DEEP SANITARY SEWER N0. 02730-3 STANDARD DRAWING NONE SERVICE LINE OCT. 2014 Standard casting & cover Frame and cover to be either D & L A-1172 ring with A-1178 cover, EJIW 3771/ 3772 series, or approved equal. Covers shall have two 1" pick holes. Flat slab cover Adjustable rings, 2" min., 12" max. NOTE: All joints between manhole sections, 24" manhole ring and top section, and around Opening sewer pipe into manhole shall be watertight. Jointing material shall be "Ram—Nek" or equal for all joints except between sewer to pipe and manhole wall. N N N Manhole steps at o16" centers Precast reinforced concrete manhole riser c a and cover manufactured in accordance m with ASTM designation 0-478. 0 co As required — ri (60" min.) w o � U Flexible gasketed joint o 0 Gasketed Tee rn c 'N E B B J y N e Q) m C O T „ Pipe restraint (typ.) v O a N N Av Gasketed 90' elbow cast into base Channel = dia. of pip A Precast or poured—in—place base. Poured—in—place base, minimum concrete thickness below pipe is 8 inches. Precast base, minimum thickness is 6 inches. ,fa ainless steel Radius of —thread rod, manhole 2" 0 Slope at 1" per foot. Sewer pipe Channel to full P P pipe depth. Manhole wall oxy grout rods Dia, of sewer pipe Stainless steel1 into wall pipe clamp SECTION A—A SECTION B—B CITY OF BOZEMAN SCALE: STANDARD DROP NO. 02730-5 STANDARD DRAWING NONE MANHOLE DEC. 2003 Rev. March 2006 FLAT BLADE STREET NAME REGULATORY SIGN BLANK AS PER SIGN BLANKS SEE SECTION MUTCD STANDARDS, SIZE AS MOUNTED BACK TO 09810 2.2 FOR SPECIFIED ON PLANS BACK ON POST SIGN SIZES 2' MIN. MIN. 1 0' 2" PREFORATED SQUARE TUBE POST (TELSPAR OR APPROVED EQUAL) 7' MIN. L If ATTACH SIGNS TO POST WITH 3/8" DRIVE RIVETS (MIN. 2 PER SIGN) STREET MARKER SIGN REGULATORY SIGN 2" PREFORATED SQUARE TUBE o /POST (14 GAUGE) 0 FASTEN POST TO SLEEVE WITH �&" CORNER BOLT FINISH GRADEX ?" ° (A325) 1 X" ABOVE FINISH GRAGE. INSERT BOLT Y o HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT. INSERT DRIVE RIVET INTO OPPOSITE SIDE. 11, 4„ 2 4" 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 1 INSERT SIGN POST 18" INTO SLEEVE PLUMB. " ,. M-4000 CONCRETE ANCHOR 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