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HomeMy WebLinkAbout18- Contract Documents - Vertex Electric Incorporated - Lyman Spring Junction Box Monitoring and Controls Improvements Lyman Spring Junction Box Monitoring and Controls Improvements PREPARED FOR : City of Bozeman , Montana 7. •1 N CO. AE2S Project No. P05097-2014-004 July 9 , 2018 Contract Documents Advanced Engineering and Environmental Services,Inc. 1288 N 14th Ave Ste 103, Bozeman MT 59715 Ph:406-219-2633 Web:www.AE2S.com PLANS AND SPECIFICATIONS FOR LYMAN SPRING JUNCTION BOX MONITORING AND CONTROLS IMPROVEMENTS Bozeman, MT May 2018 CIVIL ENGINEER I hereby certify that these Plans and Specifications were prepared by me or under my direct supervision and I am a duly Licensed Professional Engineer under the laws of the State of Montana. 5�� Scott L. Buecker, PE-AE2S, Inc. DATE: 05/04/2018 REG. NO. 40518 ON SCOT E EC '• �jp r 4/ '•'� No. 40518 PE •':O.C�S�cENSE�•�G���'• '••.S/OW-�••''• •••........••• 0001 05 - 1 TABLE OF CONTENTS SECTION NO. TITLE 0001 01 TITLE PAGE 0001 05 CERTIFICATION PAGE 0001 10 TABLE OF CONTENTS BIDDING REQUIREMENTS 00 11 13 INVITATION FOR CONSTRUCTION BIDS 0021 13 INSTRUCTIONS TO BIDDERS 0041 13 BID FORM 0043 13 BID SECURITY FORM CONTRACTFORMS 0051 00 NOTICE OF AWARD 0052 13 AGREEMENT FORM 00 55 00 NOTICE TO PROCEED PROJECT FORMS 0061 13.13 PERFORMANCE BOND FORM 0061 13.16 PAYMENT BOND FORM 00 62 16 CERTIFRICATE OF LIABILITY INSURANCE 00 62 76 APPLICATION FOR PAYMENT FORM 00 63 36 FIELD ORDER FORM 00 63 49 WORK CHANGE DIRECTIVE FORM 00 63 63 CHANGE ORDER FORM 00 65 16 CERTIFICATE OF SUBSTANTIAL COMPLETION FORM CONDITIONS OF THE CONTRACT 0072 13 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00 73 00 SUPPLEMENTARY CONDITIONS Lyman Spring M&C Improvements 0001 10 - 1 March 2018 Bozeman, Montana Table of Contents TABLE OF CONTENTS(Cont.) SECTION NO. TITLE DIVISION 01 —GENERAL REQUIREMENTS 01 11 13 WORK COVERED BY CONTRACT DOCUMENTS 01 11 16 WORK BY OWNER 01 1400 WORK RESTRICTIONS 01 1900 SPECIAL PROVISIONS 01 31 19 PROJECT MEETINGS 01 3300 SUBMITTAL PROCEDURES 01 4500 QUALITY CONTROL 01 51 00 TEMPORARY UTILITIES 01 5200 CONSTRUCTION FACILITIES 01 5500 VEHICULAR ACCESS AND PARKING AREAS 01 5529 STAGING AREAS 01 61 00 COMMON PRODUCT REQUIREMENTS 01 7329 CUTTING AND PATCHING 01 7500 STARTING AND ADJUSTING 01 7700 CLOSEOUT PROCEDURES 01 7823 OPERATION AND MAINTENANCE DATA 01 91 00 COMMISSIONING PROJECT DRAWINGS G1 COVER SHEET G2 LOCATION AND VICINITY MAP E1 ELECTRICAL SYMBOLS AND ABBREVIATIONS E2 ELECTRICAL SITE PLAN E3 ENLARGED SITE PLAN E4 CONTROL PANEL LAYOUT E5 VARIOUS SCHEMATICS E6 VARIOUS DETAILS E7 VARIOUS DETAILS E8 VARIOUS DETAILS E9 ANTENNA AND RADIO LOCATION AT LYMAN WATER TREATMENT PLANT ADDENDUM 01 ADDN-01 END OF TABLE OF CONTENTS Lyman Spring M&C Improvements 0001 10 - 2 March 2018 Bozeman, Montana Table of Contents BIDDING DOCUMENTS 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. Section 00 1113 Invitation to Bid Prepared by EJCDC'.-. ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC AMERICAN COUNCIL or ENGINURINc COMPANIES ASCE AMERICAN SOCIETY OF Chill ENGINEERS National Society of Professional Engineers® Lyman Spring M&C Improvements 0011 13- 1 April 2018 Bozeman, Montana Invitation to Bid SECTION 00 11 13 — INVITATION TO BID City of Bozeman Bozeman, Montana Lyman Spring Junction Box Monitoring and Controls Improvements General Construction Sealed Bids for the construction of the Lyman Spring Junction Box Monitoring and Controls Improvements will be received, by City of Bozeman (Owner), at the office of the City Clerk located at 121 N Rouse, Suite 201, Bozeman, MT 59715 until 2:00 PM local time on May 30, 2018, at which time the Bids received will be publicly opened and read. Bids will be received for a single prime Contract. Bids shall be on a lump sum and unit price basis, with additive alternate bid items as indicated in the Bid Form. Project Description: The Work Generally consists of furnishing all labor, skill, equipment, and construction materials to construct the improvements at the Bozeman Lyman Water Treatment Plant in accordance with the plans and specifications. Generally, the Project consists of automating the monitoring and control of the diversion of water into the Lyman Treatment Plant. Specific tasks include the following: • Install a level transducer in the Lyman Spring Junction Box. • Install a solar array, battery pack, and PLC control panel with a 900 MHz radio transmitter near the existing Pressure Reducing Vault No. 1 (Lyman transmission line). This work includes a concrete foundation for the array, and a concrete pad for the battery pack enclosures and PLC control panel. • Install a level transducer in the Lyman Creek Parshall flume. • Install one, approximately 2,000 foot run of 4-20 mA cable loop from the level transmitter in the Lyman Spring Junction Box to the PLC control panel. Cable shall be direct-buried generally over the Lyman transmission pipeline alignment and final length of cable to be field verified by the Bidder. • Install one, approximately 2,900 foot run of 4-20 mA cable loop from the level transmitter in the Parshall flume on lower Lyman Creek to the PLC control panel. Cable loop installation shall be by direct burial method and final length of cable to be field verified by the Bidder. • The level transducers and radio will use 24V direct current (DC) power. Install a 48V DC battery pack in an enclosure next to the PLC and solar array. • Install 900 MHz radio and antennae at the Lyman Water Treatment Plant. The level signals will be transmitted to an SLC 500 that is installed in an existing panel at the plant. • All PLC programming to be provided by Others. Issuing Office The Issuing Office for the Bidding Documents is: AE2S — Bozeman; 1288 North 14' Ave Unit 103; Bozeman, Montana 59715; (406-219-2633). Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 9:00 AM & 4:00 PM, and may obtain copies of the Bidding Documents from the Issuing Office as described below. Lyman Spring M&C Improvements 0011 13-2 April 2018 Bozeman, Montana Invitation to Bid Examination of Bidding Documents: Complete digital project bidding documents are available at www.AE2S.com or www.guestcdn.com. You may download the digital plan documents for Thirty Dollars ($30.00) by inputting Quest project #5573426 on the website's Project Search page. Please contact QuestCDN.com at 952-233-1632 or info(@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. Copies of the Plans and Specifications and other Bidding and Contract Documents may also be ordered from Advanced Engineering and Environmental Services, Inc. (AE2S), 3101 South Frontage Road, Moorhead, MN 56560 (218-299-5610). The Bidding Documents are available in the form of printed plans and specifications and/or PDF by request from AE2S. The costs are $50.00 for PDFs and $175.00 for printed documents, for each set of Documents obtained. Payment for Bidding Documents is NON-REFUNDABLE. Bidding Documents may also be examined at the following locations: Builders Exchanges in Billings, MT; Bozeman, MT; Great Falls, MT; Helena, MT; and Missoula, MT. All Work shall be done according to the Bidding Documents. All Bids must be in accordance with the Bidding Documents on file with the City of Bozeman's (Owner's) Engineering Department, located at 20 E. Olive St. 1st Floor; Bozeman, MT 59715 OR the office of Advanced Engineering & Environmental Services, Inc. (AE2S—Bozeman) (Engineer) at 1288 North 14th Ave Unit 103; Bozeman, Montana 59715. Pre-Bid Conference: A pre-bid conference will be held at 2:00 PM local time on 22 May 2018 at the Lyman Creek Reservoir located at 1600 Storymill Road, Bozeman, MT 59715. Attendance at the pre-bid conference is highly encouraged but is not mandatory. Site investigation may be on foot and strenuous, depending on road conditions and accessibility. Bid Security Bid security shall be furnished in accordance with the Instructions to Bidders. Delivery of Bids Bids shall be delivered or mailed to the Owner as directed in the Instructions to Bidders. No bid may be withdrawn after the scheduled time for the public opening of bids listed in this Invitation to Bid. Rights Reserved The City of Bozeman reserves the right to reject any and all Bids, to waive irregularities and informalities, to postpone the award of the contract for a period not to exceed sixty (60) days, and to Award the Contract to the lowest responsive and responsible Bidder which is in the best interests of the Owner. The Work must be completed in accordance with the dates outlined in the Agreement. Non-Discrimination In submitting its bid, the bidder 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 bidders employees and to all subcontracts it enters into in the performance of the agreement with the City of Bozeman. Lyman Spring M&C Improvements 0011 13-3 April 2018 Bozeman, Montana Invitation to Bid The City of Bozeman is an Equal Opportunity Employer. Published at Bozeman, Montana this 2"d day of May, 2018. By:/s/ Brian Heaston, PE Bozeman, Montana (Owner's Representative) Re-Published 05/06/2018 ; & 05/20/2018 Newspaper: Bozeman Daily Chronicle ++END OF INVITATION TO BID++ Lyman Spring M&C Improvements 0011 13-4 April 2018 Bozeman, Montana Invitation to Bid SECTION 00 2113 INSTRUCTIONS TO BIDDERS (ITB) Prepared by EJCDC - ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC AMERICAN COUNCIL OF ENGINEERING COMPANIES ASCEf AMERICAN SOCIETY OF CIVIL ENGINEERS National Society of Professional Engineers® E1CDC®C-200,Suggested Instructions to Bidders for Construction Contracts. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 SECTION 00 2113- INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS Page Section 00 2113—instructions to bidders ...................................................................................................1 ARTICLE1—Defined Terms........................................................................................................................... 1 ARTICLE 2—Copies of Bidding Documents................................................................................................... 1 ARTICLE 3—Qualifications of Bidders........................................................................................................... 1 ARTICLE 4—Site and Other Areas; Existing Site Conditions; Examination of Site; Owner's Safety Program; OtherWork at the Site..................................................................................................................................2 ARTICLE 5—Bidder's Representations..........................................................................................................4 ARTICLE 6—Pre-Bid Conference...................................................................................................................5 ARTICLE 7—Interpretations and Addenda....................................................................................................5 ARTICLE8—Bid Security...............................................................................................................................6 ARTICLE9—Contract Times..........................................................................................................................6 ARTICLE 10—Liquidated Damages................................................................................................................6 ARTICLE 11—Substitute and "Or-Equal" Items.............................................................................................6 ARTICLE 12—Subcontractors,Suppliers, and Others...................................................................................7 ARTICLE 13—Preparation of Bid...................................................................................................................7 ARTICLE14—Basis of Bid..............................................................................................................................9 ARTICLE15—Submittal of Bid.......................................................................................................................9 ARTICLE 16—Modification and Withdrawal of Bid.....................................................................................10 ARTICLE17—Opening of Bids.....................................................................................................................11 ARTICLE 18—Bids to Remain Subject to Acceptance .................................................................................11 ARTICLE 19—Evaluation of Bids and Award of Contract............................................................................11 ARTICLE 20—Bonds and Insurance.............................................................................................................12 ARTICLE 21—Signing of Agreement............................................................................................................ 12 ARTICLE 22—montana State Laws& Regulations......................................................................................12 ARTICLE 23—MPW Standard Specifications...............................................................................................13 ARTICLE 24—Compliance with Labor Standards and Wage Rate Requirements.......................................13 ARTICLE25—NOT USED.............................................................................................................................. 14 ARTICLE26—Not used................................................................................................................................14 ARTICLE27—Retainage .............................................................................................................................. 14 E1CDC®C-200,Suggested Instructions to Bidders for Construction Contracts. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii ARTICLE28—Not Used ............................................................................................................................... 14 ARTICLE29—Not Used ............................................................................................................................... 14 ARTICLE 30—Payments and Bidder Breakdown of bids.............................................................................14 ARTICLE 31—Notice of approval of payment request provision................................................................14 ARTICLE 32—Notice of Extended Payment Provisions...............................................................................14 ARTICLE33—Not used................................................................................................................................14 ARTICLE 34—Bozeman business license.....................................................................................................14 ARTICLE 35—Non-Discrimination............................................................................................................... 15 EJCDC®C-200,Suggested Instructions to Bidders for Construction Contracts. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page III SECTION 00 2113—INSTRUCTIONS TO BIDDERS ARTICLE 1—DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Bidder-The Individual or entity who submits a Bid directly to the Owner. B. Issuing Office—The office from which the Bidding Documents are to be issued. 1. For purposes of these Bidding Documents,the Issuing Office shall be as follows: Advanced Engineering and Environmental Services, Inc. 1288 North 14'h Avenue, Unit 103 Bozeman, MT 59715 C. Successful Bidder — The lowest responsible Bidder submitting a responsive Bid to whom Owner(on the basis of Owner's evaluation is hereinafter provided) makes an award. ARTICLE 2—COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any,stated in the Invitation to Bid may be obtained from the Issuing Office. The deposit will not be refunded. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use. ARTICLE 3—QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, after submitting its Bid and within five (5) days of Owner's request, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience in completing comparable work, and present commitments and other such data as may be called for in the Supplementary Conditions, and (b)the following additional information: A. Evidence of Bidder's authority to do business in the state where the Project is located. 1. Montana State Contractor's Registration Number. 2. City of Bozeman Business License. All Contractors conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana 59715. B. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, "Subcontractors,Suppliers, and Others." C. [Other required information regarding qualifications] 3.02 A Bidder's failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract. Lyman Spring M&C Improvements 0021 13-1 April 2018 Bozeman, Montana Instructions to Bidders 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder's qualifications. 3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. 3.05 In determining the lowest responsive and 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 work; and (d) has appropriate technical experience. 3.06 Each Bidder may be required to show that former work he/she performed 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/her contract. The Bidder shall demonstrate his/her ability by meeting all requirement herein stipulated, if asked for them. ARTICLE 4—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER'S SAFETY PROGRAM;OTHER WORK AT THE SITE 4.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition,the Site includes rights-of-way, easements,and other lands furnished by Owner for the use of the Contractor.Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 4.02 Existing Site Conditions A. Subsurface and Physical Conditions; Hazardous Environmental Conditions 1. The Supplementary Conditions identify: a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site. b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). C. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d. Technical Data contained in such reports and drawings. 2. Owner will make copies of reports and drawings referenced above available to any Bidder on request.These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 3. If the Supplementary Conditions do not identify Technical Data,the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. Lyman Spring M&C Improvements 0021 13 -2 April 2018 Bozeman, Montana Instructions to Bidders B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04,and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions. 4.03 Site Visit and Testing by Bidders A. Bidder shall conduct the required Site visit during normal working hours,and shall not disturb any ongoing operations at the Site. B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. C. Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the Work. The Contractor agrees that, during progress of the work,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 the work done and the materials furnished. Bidder 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. D. On request, and to the extent Owner has control over the Site, and schedule permitting,the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations,tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations,security or safety concerns,or restraints on Owner's authority regarding the Site. E. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. F. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations,tests, and studies. Lyman Spring M&C Improvements 0021 13 -3 April 2018 Bozeman, Montana Instructions to Bidders 4.04 Owner's Safety Program A. Site visits and work at the Site may be governed by an Owner safety program.As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions. 4.05 Other Work at the Site A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware(if any)that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work,then on request,Owner will provide to each Bidder access to examine such contracts(otherthan portions thereof related to price and other confidential matters),if any. ARTICLE 5—BIDDER'S REPRESENTATIONS 5.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents; B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study(if made available by Owner in the Supplementary Conditions): (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings; E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents (if any), with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means,methods,techniques,sequences,and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs; F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times required,and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; Lyman Spring M&C Improvements 0021 13 -4 April 2018 Bozeman, Montana Instructions to Bidders H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work; and J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. K. Bidder is expected to base his/her bid on materials and equipment complying fully with the plans and specifications and, in the event he/she names in his/her bid materials or equipment which do not conform, he/she will be responsible for furnishing materials and equipment which fully conform at no change in his/her bid price. L. Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda),specifications and plans, including all related documents contained herein,all of which contain provisions applicable not only to the successful Bidder, but also to his/her subcontractors. M. Examine documents and conditions at existing site carefully. No extra payments will be given for conditions which can be determined by examining documents and existing conditions. ARTICLE 6—PRE-BID CONFERENCE 6.01 A pre-Bid conference will be held at the time and location stated in the invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7—INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents as deemed advisable by Owner or Engineer. 7.03 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. Lyman Spring M&C Improvements 0021 13 -5 April 2018 Bozeman, Montana Instructions to Bidders 7.04 Submit Questions to Engineer: AE2S—Bozeman c/o Scott Buecker, PE 1288 North 14th Avenue Unit 103 Bozeman, MT 59715 (406) 219-2633 Scott.Buecker@ae2s.com ARTICLE 8—BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of ten-percent (10%) of Bidder's maximum Bid price (determined by adding the base bid and all alternates) and in the form of cash, a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana;or a Bid Bond (on a form attached if a form is prescribed) issued by a surety authorized to do business in Montana meeting the requirements of Paragraph 6.01 and 6.02 of the General Conditions. 8.02 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents and furnished the required contract security and met the other conditions of the Notice of Award,whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable change of receiving the award may be retained by Owner until the earlier of (7) seven days after the Effective Date of the Agreement or (61) sixty-one days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9—CONTRACT TIMES 9.01 The number of days within which,or the dates by which,the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10—LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 11—SUBSTITUTE AND"OR-EQUAL" ITEMS 11.01 The Contract for the Work, as awarded,will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or "or-equal" items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or "or-equal" item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Lyman Spring M&C Improvements 0021 13 -6 April 2018 Bozeman, Montana Instructions to Bidders Paragraph 7.04&7.05 of the General Conditions and may be supplemented in the Supplementary Conditions. 11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of "or-equal" or substitution requests are made at Bidder's sole risk. ARTICLE 12—SUBCONTRACTORS,SUPPLIERS,AND OTHERS 12.01 A Bidder shall be prepared to retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of the Work if required by the Bidding Documents (most commonly in the Specifications)to do so. If a prospective Bidder objects to retaining any such Subcontractor, Supplier,or other individual or entity, and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid. 12.02 Subsequent to the submittal of the Bid, Owner may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, or other individual or entity against which Contractor has reasonable objection. 12.03 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening,submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work: Solar Panel & Array Vendor; PLC, Instrumentation, and Control Panel Vender. If requested by Owner,such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute,without an increase in Bid price. 12.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors,Suppliers, or other individuals or entities. Declining to make requested substitutions will NOT constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions. ARTICLE 13—PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Engineer. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations there from may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item,alternate,adjustment unit price item,and unit price item listed therein. Lyman Spring M&C Improvements 0021 13 -7 April 2018 Bozeman, Montana Instructions to Bidders B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional,and Bidder elects to notfurnish pricingforsuch optional alternate item,then Bidder may enter the words "No Bid" or"Not Applicable." 13.02 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or a corporate officer(whose title must appear under the signature)who is authorized to bind the corporation, and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.The Bid of a corporation,which is signed by a person other than a corporate officer, must be accompanied by evidence of authority to sign. (See ITB 13.12) 13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner(whose title must appear under the signature), accompanied by evidence of authority to sign.The official address of the partnership shall be shown. (See ITB 13.12) 13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign (See ITB 13.12). The state of formation of the firm and the official address of the firm shall be shown. 13.05 A Bid by an individual shall show the Bidder's name and official address. 13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form (See ITB 13.12). The official address of the joint venture shall be shown below the signature. 13.07 All signatures are to be in ink and names must be typewritten or printed in ink below the signature. The title of the person(s) executing the Bid shall be clearly indicated beneath the signature. 13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. Bids in which all issued addenda are not acknowledged will be considered incomplete and will not be read. 13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.10 Current Montana Contractor's Registration Number, if any, must be shown. 13.11 Current City of Bozeman Business License, if any, must be shown. 13.12 Power of Attorney;Attorney-in-Fact; Signing of Bids A. Bids whish are note 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. B. 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. C. 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. D. 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. Lyman Spring M&C Improvements 0021 13 -8 April 2018 Bozeman, Montana Instructions to Bidders ARTICLE 14—BASIS OF BID 14.01 Lump Sum A. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form. 14.02 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. The `Bid Price" (sometimes referred to as the extended price) for each unit price Bid item will be the product of the "Estimated Quantity" (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding "Bid Unit Price" offered by the Bidder. The total of all unit price Bid items will be the sum of these "Bid Prices"; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.03 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any,named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions. ARTICLE 15—SUBMITTAL OF BID 15.01 The Bidder shall submit his proposal on the forms bound in these Bidding Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. 15.02 The Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form. 15.03 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid. 15.04 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. 15.05 Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 121 N Rouse Avenue PO Box 1230 Bozeman, MT 59771-1230 A. The envelope shall also contain the following information: 1. Name of Project 2. Name of Contractor 3. Montana Certificate of Contractor Registration Number Lyman Spring M&C Improvements 0021 13 -9 April 2018 Bozeman, Montana Instructions to Bidders 4. Acknowledged Receipt of Addendum No.: Ifirstl through flastl 5. In the lower left-hand corner of the envelope print of type: a. BID DOCUMENTS—DO NOT OPEN UNTIL 2:00 P.M.ON 22 MAY 2018 B. Proposals shall be made in accordance with the following instructions: 1. Submit one copy of the complete bound documents in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL NOR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. 2. Bids shall be made in ink upon the unaltered Bid Form supplied with these documents. 3. All blank spaces must be properly filled. 4. 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. 5. The proposal form shall contain no addition, conditions,stipulations, erasures, or other irregularities. 6. The proposal must acknowledge receipt of all addenda issued. 7. The proposal must be signed in ink and display the Bidder's name, address, and correct Montana Contractor's Registration Number. 15.06 The Bid will not be considered unless accompanied by proper Bid security in accordance with Article 8 of these Instructions to Bidders (ITB). 15.07 Alternative Bids will not be considered unless called for. 15.08 Bids by telephone, telegraph, fax, or other telecommunication systems will not be considered except for purposes of modifications permitted by Article 16 of these Instructions to Bidders. ARTICLE 16—MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids as called for in the Invitation to Bid. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. Requests for modifications or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. 16.02 Any Bidder may modify hid 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 (3) working days following the bid opening or no consideration will be given to the telegraphic modifications. 16.03 If within 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, that Bidder will be disqualified from further bidding on the Work. Lyman Spring M&C Improvements 0021 13 -10 April 2018 Bozeman, Montana Instructions to Bidders ARTICLE 17—OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly.An abstract of the amounts of the base Bids and major alternates, if any,will be made available to Bidders after the opening of Bids. ARTICLE 18—BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of sixty(60) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19—EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation,to not be responsible. If Bidder purports to add terms or conditions to its Bid,takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid,then the Owner will reject the Bid as nonresponsive;provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work, and to negotiate contract terms with the Successful Bidder. 19.02 Owner reserves the right to reject the Bid of any Bidder if Owner believes it would not be in the best interest of the Project to make an award to that Bidder whether because Bid is not responsive of the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid forthe Work may be cause for disqualification of the Bidder and the rejection of all Bids in which that bidder has an interest. 19.04 If Owner awards the contract for the Work,such award shall be to the responsible Bidder whose Bid, conforming with all material terms and conditions of the Bidding Documents, is lowest price, in the best interest of the Project, and other factors considered, the Owner reserves the right to accept or reject 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 aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the owner. 19.05 Evaluation of Bids A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form.To determine the Bid prices for purposes of comparison,Owner shall announce to all bidders a `Base Bid plus alternates" budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the Lyman Spring M&C Improvements 0021 13 -11 April 2018 Bozeman, Montana Instructions to Bidders responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award. 19.06 In evaluating whether a Bidder is responsible,Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents. 19.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. ARTICLE 20—BONDS AND INSURANCE 20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and certificates of insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder)to Owner, it shall be accompanied by required bonds and insurance documentation. ARTICLE 21—SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement as attached thereto.Within 15 days thereafter,Successful Bidder shall execute and deliver at least six(6) counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within fifteen (15) days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder,together with a complete set of the Drawings and Specifications. 21.02 Liquidated Damages for Failure to Enter Into Contract: A. The successful Bidder,upon his/her failure or refusal to execute and deliver the contract and bonds required within fifteen (15) days after receipt of the Notice of Award of his/her Bid, shall forfeit to the Owner as liquidated damages for such failure or refusal, the Bid security deposited with his/her Bid, as provided in 18-1-204 Montana Code Annotated. ARTICLE 22—MONTANA STATE LAWS&REGULATIONS 22.01 All applicable laws,ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances with which the Contractor must comply include but are not limited to,those involving workmen's compensation insurance, contractor registration, and gross receipts tax. 22.02 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS. Title 39, Chapter 9, Part 2, MCA Stipulates the requirements for registration of Contractors with the Montana Department of Labor and Industry. Bidders are not required to be registered in Montana prior to bidding on this project, but must have registered prior to execution of the Agreement. A. Information pertaining to this requirement and registration forms may be obtained from the Montana Department of Labor and Industry, P.O. Box 8011, 1805 Prospect,Helena,Montana 59604-8011, or by calling 1-406044407734 or at their website http://erd.dli.mt.gov/mtcontractor/index.htmi. 22.03 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 Lyman Spring M&C Improvements 0021 13 -12 April 2018 Bozeman, Montana Instructions to Bidders amounts withheld as provided by law or specified herein, one percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. 22.04 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 the Montana resident Bidders will be equal to the preference given in the other state or country. This Bidder preference applies unless specifically prohibited by Federal laws or regulations. A. 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. 22.05 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. ARTICLE 23—MPW STANDARD SPECIFICATIONS 23.01 The Montana Public Works Standard Specifications are referred to elsewhere in this document as the MPW Standard Specifications or MPWSS. Copies of the MPWSS and all addenda are available from: A. Montana Contractors Association, Inc., 1717 11th Avenue, Helena, MT 59601; Telephone: 406-442-4162 ARTICLE 24—COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUIREMENTS 24.01 For public works projects, pursuant to MCA 18-2-422, all laborer and mechanics employed by the Contractor(s)or subcontractors in performance of construction projects with a total cost in excess of$25,000, shall be paid, minimum wages in conformance with the prevailing State Wage Rates published by the Montana Department of Labor and Industry. The prevailing wage rate schedules are included herein. The Owner does not guarantee that labor can be procured for the minimum wages shown on the referenced schedules. The rates of wages listed are minimum only, below which the Contractor cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. 24.02 The minimum wages included in the Project Manual are not controlled except as to the minimum for the purpose of Montana State Law or the Davis-Bacon Act: therefore, it is incumbent upon each onployer to pay the standard prevailing rate of wages including fringe benefits for health and welfare and pension contributions, and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed. The Contractor and all subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this project area. 24.03 "Standard Prevailing Rate of Wages" is defined by Section 18-2-401 MCA, as including wages, fringe benefits for health and welfare and pension contributions and travel allowance which are paid in the county of locality by other contractors for work of a similar character performed in that county or locality by each craft, classification or type of worker needed to complete a contract. Lyman Spring M&C Improvements 0021 13 -13 April 2018 Bozeman, Montana Instructions to Bidders 24.04 Any infraction of the Laws of the State of Montana covering Labor, Title 39, Chapters 1 through 73, MCA will be forwarded to the State of Montana Department of Labor and Industry. 24.05 "Travel Allowance," in effect at the time of contract award, and according to latest information received by the State of Montana Department of Labor and Industry, Labor Standards Division, shall be adhered to where applicable. 24.06 Travel allowance if applicable, may or may not be all inclusive of"travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. 24.07 To comply with Montana Law Section 18-2-406 MCA,the Contractor shall post in a prominent and accessible site on the project work area, not later than the first day of work, a legible statement of all wages to be paid to the employees employed on the project. ARTICLE 25—NOT USED ARTICLE 26—NOT USED ARTICLE 27—RETAINAGE 27.01 Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 28—NOT USED ARTICLE 29—NOT USED ARTICLE 30—PAYMENTS AND BIDDER BREAKDOWN OF BIDS 30.01 Payment for all work performed under the Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to the retainage as specified elsewhere. ARTICLE 31—NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION 31.01 These Contract Documents and this Contract allows the Owner to review and approve each Contractor's periodic payment request within 30 days after the request is received by the Owner. ARTICLE 32—NOTICE OF EXTENDED PAYMENT PROVISIONS 32.01 These Contract Documents and this Contract allow the Owner to make periodic payments within 21 days after the Owner's approval of each periodic payment request. ARTICLE 33—NOT USED ARTICLE 34—BOZEMAN BUSINESS LICENSE 34.01 Contractor and all subcontractors will be required to obtain a current City of Bozeman business license prior to award of the Contract. The City Business License is not required for Bidding Lyman Spring M&C Improvements 0021 13 -14 April 2018 Bozeman, Montana Instructions to Bidders purposes. The License(s) may be obtained from the City of Bozeman. Information on requirements and cost of the license may be obtained by calling 406-582-2300. Applications may be obtained at City Hall, 121 N. Rouse Ave. ARTICLE 35—NON-DISCRIMINATION 35.01 "Bidder affirms that by submitting its Bid 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 the 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 Bidders employees and to all subcontracts it enters into in the performance of the Agreement with the city of Bozeman." End of Instructions to Bidders Lyman Spring M&C Improvements 0021 13 -15 April 2018 Bozeman, Montana Instructions to Bidders SECTION 00 4113 - BID FORM Prepared by I EJCDC- ENGINEERS JOINT CONTRACT 'i DOCUMENTS COMMITTEE I — — — Issued and Published Jointly by ACEC Aaucurr AN(.OVNCII.or i'NGINHAING CowANms ASCE AMERICAN SOCIETY OF CIVIL ENGINEERS National Society of Professional Engineers@ EJCDC®C-410,Bid Form for Construction Contracts. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i TABLE OF CONTENTS Page Section00 4113—Bid Form......................................................................................................................... 1 ARTICLE1—Bid Recipient............................................................................................................................. 1 ARTICLE 2—Bidder's Acknowledgements..................................................................................................... 1 ARTICLE 3—Bidder's Representations.......................................................................................................... 1 ARTICLE 4—Bidder's Certification.................................................................................................................2 ARTICLE5—Basis of Bid................................................................................................................................3 ARTICLE 6—Time of Completion...................................................................................................................4 ARTICLE 7—Attachments to this Bid.............................................................................................................4 ARTICLE8—Defined Terms...........................................................................................................................4 ARTICLE 9—Bid Submittal.............................................................................................................................4 EJCDC®C-410,Bid Form for Construction Contracts. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii SECTION 00 4113— BID FORM Lyman Spring Junction Box Monitoring and Controls Improvements City of Bozeman, Montana GENERAL CONSTRUCTION CONTRACT BID Engineer's Project No.: P05097-2014-004 ARTICLE 1—BID RECIPIENT 1.01 This Bid is submitted to: City of Bozeman, Montana clo City Clerk Bozeman City Hall 121 N. Rouse Avenue P.O.Box 1230 Bozeman,MT59771-1230 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3—BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date 1 5/23/2018 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local,and Site conditions that may affect cost, progress, and performance of the Work. Lyman Spring M&C Improvement 00 41 13-1 April 2018 Bozeman, Montana Bid Form C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress,and performance of the Work. D. Bidder has carefully studied (if made available by Owner in the Supplementary Conditions) all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilitites) that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions,especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents,with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means,methods,techniques,sequences,and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph,that no further examinations, investigations, explorations,tests,studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents, G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4—BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization,or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding;and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: Lyman Spring M&C Improvement 00 41 13-2 April 2018 Bozeman, Montana Bid Form 1. "corrupt practice"means the offering,giving,receiving,or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels,or(c)to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. ARTICLE 5—BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Table of Lump Sum Work: Includes all Work shown and described in the Contract Documents EXCLUDING the estimated quantities of Unit Price Bid Items identified in Table of Unit Price Work, below. Lump Sum Bid Price $ 81,980 Table of Unit Price Work Item Estimated Bid Unit No. Description Unit quantity Price Bid Price 4-20 mA cable from Level 1 Transmitter in Lyman Spring J- LF 2,000 $9.80 $19,600 Box to the PLC Control Panel 4-20 mA cable from Level 2 Transmitter in Parshal) Flume LF 2,900 on Lower Lyman Creek to the $9.80 $28,420 PLC Control Panel Total of All Unit Price Bid Items $ 48,020 Bidder acknowledges that(1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. Total of Lump Sum and Unit Price Bids=Total Bid Price $ 130,000 One hundred thirty thousand and no/100 dollars (Please also describe Total Bid Price on Iine(s)above, in words) Lyman Spring M&C Improvement 00 41 13-3 April 2018 Bozeman, Montana Bid Form ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security—in the amount of 10%of the maximum Bid price including alternates, if any, and in the form of a Bid Bond identified in the Instructions to Bidders; B. List of Project References; C. Evidence of authority to do business in the state of the Project; 1. Montana Certificates of Contractor Registration Number: 234244 2. City of Bozeman Business License NOTE: Bidders are not required to be registered in Montana or possess a City of Bozeman Business License prior to bidding on this project, but must have registered prior to execution of the Agreement. D. Affirmation of Compliance with City of Bozeman Resolution No.4250. 1. (Please submit Affirmation by completing the form found in Section 00 41 33 — Affirmation of Compliance with City of Bozeman Resolution No. 4250). ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9—BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] Vertex Electric Incorporated Bidder's Contractor Registration No.: 234244 (where applicable) Dated: 5/30/2018 Lyman Spring M&C Improvement 00 41 13 -4 April 2018 Bozeman, Montana Bid Form IF BIDDER IS: An Individual Name (typed or printed): By: (Individual's Signature) Doing business as: A Partnership Partnership Name: By: (Signature of general partner—attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name: Vertex Electric Incorporated State of Incorporation: Montana Type (Gen al Busi ss, Profession, Service, Limited Liability): General By: (Signature—attach evidence of authority to sign) Name (typed or printed): James Tex Title: President Attest: (Signature of Corporate Secretary) Date of Qualification to do business in Montana is04/ 01 / 2018 Lyman Spring M&C Improvement 00 41 13-5 April 2018 Bozeman, Montana Bid Form A Joint Venture Name of Joint Venture: First Joint Venture Name: By: (Signature of joint venture partner—attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venture Name: By: (Signature of joint venture partner—attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is party to the venture should be in the manner indicated above.) BIDDER'S BUSINESS ADDRESS & CONTACT INFORMATION: Bidder's Business address: 903 Happy Ln Belgrade,MT 59714 Business Phone No, 406-600-0865 Business Fax No. Business E-Mail Address tex@vertexelectricmt.com State Contractor License No. 234244 (If applicable) Employer's Tax ID No. 82-5045849 ADDRESS FOR GIVING NOTICES: Phone and e-mail address, and Address for receipt of official communications if different from Business address and contact information: Lyman Spring M&C Improvement 00 41 13-6 April 2018 Bozeman, Montana Bid Form SECTION 00 41 33 —AFFIRMATION OF COMPLIANCE WITH CITY OF BOZEMAN RESOLUTION 4250 To be submitted by Bidder as an Attachment to Bidder's Bid Form as described in Section 00 41 14, Article 7, Paragraph 7.01, Item D.1 and described in the Instructions to Bidders in Section 00 21 13, Article 35— Non-Discrimination, Paragraph 35.01. Lyman Spring M&C Improvements 00 43 13 April 2018 Bozeman, Montana City of Bozeman Resolution 4250 SECTION 00 41 33—AFFIRMATION OF COMPLIANCE WITH CITY OF BOZEMAN RESOLUTION 4250 To be submitted by Bidder as an Attachment to Bidder's Bid Form as described in Section 00 41 14, Article 7, Paragraph 7.01, Item D.1 and described in the Instructions to Bidders in Section 00 21 13, Article 35— Non-Discrimination, Paragraph 35.01. Lyman Spring M&C Improvements 00 43 13 April 2018 Bozeman, Montana City of Bozeman Resolution 4250 Affirmation of Compliance with City of Bozeman Resolution No. 4260 Vertex Electric Incorporated [Marne 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 Vertex Electric Incorporated [Name of Entity Submitting] employees and t all sub ontracts it enters into in the performance of the Agreement with the City of Bozeman. By: (Signature f Person Authorized to Sign on Behalf of the Bidder) Name(typed or printed): James Tex Title: President N:\0417\076\Design Docs\specs\Front EMU Bid Forms\Bozeman_Non Discrimination.doc , � Lyman Spring KA&CImprovements 004313 April 2018 BOZ E MAN MT BUSINESS LICENSE NO. 18-00053210 $ 0.00 GRANTED: November 30, 2017 BEGINS: November 30, 2017 EXPIRES: December 22, 2018 .............. .. ......... THIS LICENSE is granted to: VERTEX ELECTRIC LLC 903 HAPPY LN BELGRADE MT 59714 406-600-0865 The necessary application has been submitted and approved.The required business license fee has been paid.Therefore,this license is issued subject to all the terms and conditions of the Business License Ordinance of the Bozeman Municipal Code Sec. 12.01.010. This license is By signing thi license he owner agrees to conform to all requirements. Signature B SINESS LICENSE OWNER 0 . ......... Department of Community Development businesslicenses0bozeman.net 0 (406)-582-2260 r r r r i r 'I STATE OF MONTANA DEPARTMENT OF LABOR & INDUSTRY CONSTRUCTION CONTRACTOR REGISTRATION UNIT ERT'IEICAT'E OF NT"RACT OR EGISTRAT"I N e REGISTRATION No. 234244 VERTEX ELECTRIC LLC Q 903 HAPPY LN BELGRADE, MT 59714 Effective Date: July 5, 2017 Expiration Date: July 4, 2019 0 Employer Additio ial information on back. Please notify this agency of any changes within 10 days. EJCDC_ PENAL SUM FORM ENGRIEERS DOCUMEHIS COMMMEE BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Vertex Electric, LLC 903 Happy Ln., Belgrade, MT 59714 SURETY(Name, and Address of Principal Place of Business): WESTERN SURETY COMPANY 333 South Wabash Avenue, 41st Floor Chicago, IL 60604 OWNER (Name and Address): City of Bozeman 121 N. Rouse Bozeman, MT 59715 BID Bid Due Date: May 30, 2018 Description (Project Name—Include Location): Lyman Spring Water Treatment 1600 Spring Mill Rd. Bozeman, MT 59715 BOND Bond Number: 72038927 Date: May 30, 2018 Penal sum Ten Percent of Amount 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 CORPOR4T�� Vertex Electric, LLC (Seal) WESTERN SURETY COMPANY Bidder's me and porate Seal Surety's Nam Namp and Corporat Seal SEAL By. Sign a'a" e By. St na re(Attacher of Attorney) tVETTE MICHELE QUINN Print Name Print Name i �`��✓\� Attor -in-Fact Ti Ti Title Attest: Sig Lire Si natur Title t_)&A rvin c¢ itn4 Title ( ` Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC°Cd30,Bid Bond(Penal Sum Form).Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 WDCH EhGINEEDS IODIE WWI PENAL SUM FORM DOMMEHrS COMMI11EE 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. EJCDCD C430,Bid Bond(Penal Sum Form),Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 Western Surety Company POWER.OF ATTORNEY- CERTIFIED COPY Bond No. 72038 927 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make, constitute and appoint YVETTE MICHELE QUINN its true and lawful attorneys)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Vertex Electric, LLC Obligee: City of Bozeman Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 72038927 is not issued on or before midnight of August 30, 2018 all authority conferred in this Power of Attorney shall expire and terminate, 41 .ji���a`.sdo4 n aYVligreAf,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its co y a wl rb11, this 30th day of May 2018 WEST R SURE COMPANY �ErA Paul T. ruflat,Vice President 39 COTJIT�glf AHA On this 3 0th day of May in the year 2018 before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. }My55�Wh54bg�a4hbhhhbb�sbb4+ a J. MOHR 8 rNOTARY PUBLIC SEAL s U Notary Public-South Dakota SOUTH DAKOTA s +h�ohhyhwyyy�ohyhhyhahwwg5 t My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 30th day of May 2018 , WEST R / S UR E COMPANY Paul T.truflat,Vice President To validate bond antheuticity,go to wivtv.enasurety.com >Owner/Obligee Services>Validate Bond Coverage. Form F5300.10.2017 CONTRACT FORMS SECTION 00 51 00 — NOTICE OF AWARD FORM Lyman Spring M&C Improvements 0051 00 April 2018 Bozeman, Montana Notice of Award Form EJC1)C INC INLrns IOINI CONMACI 000UMUITS COMMITTEE NOTICE OF AWARD Date of Issuance: June 7,2018 Owner: City of Bozeman, Montana Owner's Contract No.: Engineer: Advanced Engineering& Environmental Services, Inc. (AE2S) Engineer's Project No.: P05097-2014-004 Project: Lyman Spring Junction Box Monitoring and Controls Improvements Contract Name: General Construction Bidder: Vertex Electric Incorporated Bidder's Address: 903 Happy Ln Belgrade, MT 59714 TO BIDDER: You are notified that Owner has accepted your Bid dated f 5/30/2018 1 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Lyman Spring Junction Box Monitoring and Controls Improvements The Work covered by the Agreement found in Section 00 52 13 of the Contract Documents of the Lyman Spring Junction Box Monitoring and Controls Improvements. The Work generally consists of furnishing all labor, skill, equipment, and construction materials to complete Lyman Spring Junction Box Monitoring and Controls Improvements in accordance with the Contract Drawings and Specifications. The Contract Price of the awarded Contract is: $ 130,000 [ 5 ] unexecuted counterparts of the Agreement, one copy of the Contract Documents, and one set of Contract Drawings will be transmitted to the Bidder following the delivery of this Notice of Award. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner[5] counterparts of the Agreement,fully executed by Bidder. 2. Deliver with the executed Agreement(s)the Contract security[e.g.,performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent(if any): None Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award,and declare your Bid security forfeited. Within ten days after you comply with the above conditions,Owner will return to you one fully executed counterpart of the Agreement,together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: The Yfy of Boz mang Montana Authorized Signature By: Title: Copy: Engineer EJCDC"C-510,Notice of Award. Prepared and published Z013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 SECTION 00 52 13 - AGREEMENT FORM BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) Prepared by EJCDC'...-- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC AmIAUCAN COUNCIL or FNCINEFRING COMPANIES ASCE AMERICAN SOCIETY OF CIVIL ENGINEERS National Society of Professional Engineers@ Lyman Spring M&C Improvements 00 52 13 - 1 June 2018 Bozeman, Montana Agreement SECTION 00 52 13—AGREEMENT FORM AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between The City of Bozeman, Montana ("Owner") and Vertex Electric Incorporated, 903 Happy Ln, Belgrade, MT 59714 ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is generally described as follows: A. The Work Generally consists of furnishing all labor, skill, equipment, and construction materials to construct the improvements at the City of Bozeman's Lyman Water Treatment Plant in accordance with the plans and specifications. Generally, the Project consists of automating the rate of diversion of water into the Lyman Treatment Plant. Specific tasks include: 1. Install a level transducer in the Lyman Spring Junction Box. 2. Install a solar array, battery pack, and PLC control panel with a 900 MHz radio transmitter near the existing Pressure Reducing Vault No. 1 (Lyman transmission line). This work includes a concrete foundation for the array, and a concrete pad for the battery pack enclosures and PLC control panel. 3. Install a level transducer in the Lyman Creek Parshall flume. 4. Install one, approximately 2,000 foot run of 4-20 mA cable loop from the level transmitter in the Lyman Spring Junction Box to the PLC control panel. Cable shall be direct-buried generally over the Lyman transmission pipeline alignment and final length of cable to be field verified by the Bidder. 5. Install one, approximately 2,900 foot run of 4-20 mA cable loop from the level transmitter in the Parshall flume on lower Lyman Creek to the PLC control panel. Cable loop installation shall be by direct burial method and final length of cable to be field verified by the Bidder. 6. The level transducers and radio will use 24V direct current (DC) power. Install a 48V DC battery pack in an enclosure next to the PLC and solar array. 7. Install 900 MHz radio and antennae at the Lyman Water Treatment Plant. The level signals will be transmitted to an SLC 500 that is installed in an existing panel at the plant. B. All PLC programming to be provided by Others. Lyman Spring M&C Improvements 00 52 13 - 2 June 2018 Bozeman, Montana Agreement ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: LYMAN SPRING JUNCTION BOX MONITORING AND CONTROLS IMPROVEMENTS Sometimes referred to as Lyman Spring M&C Improvements CITY OF BOZEMAN MONTANA ARTICLE 3—ENGINEER 3.01 The Project has been designed by Advanced Engineering& Environmental Services, Inc. 3.02 The Owner has retained Advanced Engineering& Environmental Services, Inc. ("Engineer")to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4—CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times:Dates A. The Work will be substantially completed within 75 Calendar Days from the commencement of Contract Times, in accordance with Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 90 Calendar Days from the commencement of Contract Times. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 50000 for each day that expires after the time (as duly adjusted pursuant to the Contract)specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract)for completion and readiness for final payment, Contractor shall pay Owner $ 250.00 for each day that expires after such time until the Work is completed and ready for final payment. Lyman Spring M&C Improvements 00 52 13 - 3 June 2018 Bozeman, Montana Agreement 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work other than Unit Price Work, a lump sum of: $ -81,980- All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): Item Estimated Bid Unit No. Description Unit Quantity Price Bid Price 4-20 mA cable from Level 1 Transmitter in Lyman Spring J-Box LF 2,000 $9.80 $19,600.00 to the PLC Control Panel 4-20 mA cable from Level Transmitter in Parshall Flume on 2 LF 2,900 $9.80 $28,420.00 Lower Lyman Creek to the PLC Control Panel Total of All Unit Price Bid Items $48,020.00 The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) One hundred thirty thousand and no/100 dollars ($ 130,000.00 ) D. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments;Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work as provided in Paragraph 6.02.A.1 below,provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract.All such payments will be measured by the Schedule of Values established as provided in the General Conditions Lyman Spring M&C Improvements 00 52 13 -4 June 2018 Bozeman, Montana Agreement (and in the case of Unit Price Work based on the number of units completed)or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. five percent (5%) of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer,there will be no additional retainage; and b. five percent(5%)of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion and at the Owner's discretion, the amount of retainage may be further reduced if requested by the Contractor. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7—INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8—CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas,and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied (if provided in the Supplementary Conditions) all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. Lyman Spring M&C Improvements 00 52 13 - 5 June 2018 Bozeman, Montana Agreement E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents,with respect to the effect of such information,observations,and documents on (1)the cost, progress,and performance of the Work; (2)the means, methods,techniques,sequences,and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. K. Contractor's price for the Work is based on materials and equipment complying fully with the plans and specifications and, in the event Contractor named bid materials or equipment which does not conform, Contractor will furnish materials and equipment which fully conforms at no change in price. L. Contractor has read the complete Contract Documents referenced below, all of which contain provisions applicable not only to the Contractor, but also to its subcontractors. M. Contractor has examined documents and conditions at existing site carefully. Contractor will not be awarded payment for conditions which could have been determined by examining documents and existing conditions. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 1 to 9 inclusive). 2. Performance bond. 3. Payment bond. 4. General Conditions (pages 1 to 63 inclusive). 5. Supplementary Conditions (pages 1 to '11 inclusive). 6. Specifications as listed in the table of contents of the Project Manual. Lyman Spring M&C Improvements 00 52 13 - 6 June 2018 Bozeman, Montana Agreement 7. Drawings (not attached but incorporated by reference) consisting of those Drawings listed on the attached sheet index. 8. Addenda (numbers 1 to_l__, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 6 inclusive) b. Bidder's Affirmation of Compliance with City of Bozeman Resolution 4250. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10—MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon Owner and Contractor,who agree that the Contract Documents shall Lyman Spring M&C Improvements 00 52 13 - 7 June 2018 Bozeman, Montana Agreement be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering,giving, receiving,or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Severability A. Any provision of part of the Contract Documents held to be void or unenforceable under the Law and Regulation of the place of the Project shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Lyman Spring M&C Improvements 00 52 13 - 8 June 2018 Bozeman, Montana Agreement IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on July 9, 2018 (which is the Effective Date of the Contract). OWNER: CONTRACTOR: City of Bozeman Verteix Electric By: By: (� Title: Title: (if Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address forgiving notices: Address for giving notices: PO Box 1230 903 Happy Lane Bozeman, MT 59771 Belgrade, MT 59714 License No.: 6t-a:—C n— j 1 L-t 1'? y VO2, (where applicable) NOTE TO USER: Use in those states or other , . ■ r �r „�; { •�`�= jurisdictions where applicable or required. ■ r Y• ,.' � =92IN CO.1�10 Lyman Spring M&C Improvements 00 52 13 -9 June 2018 Bozeman, Montana Agreement SECTION 00 55 00—NOTICE TO PROCEED FORM Lyman Spring M&C Improvements 005500 - 1 April 2018 Bozeman, Montana Notice to Proceed EJCDC= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE I NOTICE TO PROCEED Owner: City of Bozeman, MT Owner's Contract No.: NA Contractor: Vertex Electric, LLC Contractor's Project No.: NA Engineer: Advanced Engineering & Engineer's Project No.: P05097-2014-004 Environmental Services, Inc. (AE2S) Project: Lyman Spring Junction Box Monitoring Contract Name: General Construction and Controls Improvements Effective Date of Contract: TO CONTRACTOR: Ow Der hereb i notifies Contractor that the Contract Times under the above Contract will commence to run on [see Paragraph 4.01 of the General Conditions] On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, the number of calendar days to achieve Substantial Completion is 75, and the number of calendar days to achieve readiness for final payment is 90. Before starting any Work at the Site, Contractor must comply with the following: • Note Requirements listed in Project Manual. Owner: City of Aozeman, Authorized Signature By: Andrea Surratt Title: City Manager Date Issued: Copy: AE2S 1288 N 141h Ave Unit 103 Bozeman, MT 59715 EJCDC'C-550,Notice to Proceed. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 PROJECT FORMS ,�', Res SECTION 00 61 13.13— PERFORMANCE BOND Lyman Spring M&C Improvements 00 16 1313 April 2018 Bozeman, Montana Performance Bonn EJCDC, LNG1httt�.Ci'J GC,IFA-] r,;;;:;,rr ,y,M:'..:=`— PERFORMANCE BOND CONTRACTOR/name and address): SU RETY(name and address of prinapal place of business): Vertex Electric,LLC WESTERN SI.?RETY CONVANY 903 Happy Ln. 151 North Franklin, 17th Floor Belgrade,24T 59714 Chicago,IL 60606 OWNFR Jnome andaddressj• City of Bozeman, 121 N.Rouse,Bozeman,SIT 59715 CONSTRUCTION CONTRACT Effective Date of the Agreement: July 9,2018 Amount: One hundred thirty thousand and nol100(S130,000.00) Description{nerve and'xation): Lyman Spring Water Treatment BOND Bond Number: 72048162 Date(not earlier than the Effective Date of the Agreement of the Construction Contracts July 9,2018 Amount: One hundred thirty thousand and no/100($130,000.00) Modifications to this Bond Form: {1 None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer,agent, or representative. CONTRACTOR AS PRINCIPAL SURETY VE TEX ELF TRIO LLC (seal) WESTERN SURETY COMPANY CORPORATE Cont oar`s Na a and Corporate seal Surety' e a asp ate seal SEAL By: By: Sign ure i u W attach power of attorney) Y avett 1�ichele inn Print ame nt Name 5.��2 Attorney-In-Foe Title Title Attest: hest: Signature Al) n 01 Title Title Notes,(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable. Lyman Spring M&C Improvements 00 61 13.13- 9 April 2098 Bozeman, Montana Performance Bond 1, The Contractor and Surety,Jointly and severally,bind themselves, Construction Contract, and pay to the Owner the amount of their heirs,executors,administrators,successors,and assigns to the damages as described in Paragraph 7 in excess of the Balance of Owner for the performance of the Construction Contract, which is the Contract Price incurred by the Owner as a result of the incorporated herein by reference. Contractor Default;or 2. If the Contractor performs the Construction Contract,the Surety 5,4 waive its right to perform and complete, arrange for and the Contractor shail have no obligation under this good,except campletion, or obtain a new contractor, and with reasonable when applicable to pafticlpate In a conference as provided In promptness under the circumstances. Paragraph 3. 5.4.1 After investigation, determine the amount for 3. If there is no Owner Default under the Construction Contract,the which it may be liable to the Owner and, as soon as Surety's obligation under this Bond shall arise after: practicable after the amount Is determined,make payment to the Owner;or 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor 5.4.2 Deny liability In whole or in part and notify the Default. Such notice shall indicate whether the Owner is Owner,citing the reasons for denial. requesting a conference among the Owner, Contractor, and Surety to discuss the Contractors performance. if the Owner 6, if the Surety does not proceed as provided in Paragraph 5 with does not request a conference, the Su re4,may, within five 15) reasonable promptness,the Surety shall be deemed to be in default on business days after tecerpt of the owner's notice,request such a this Bond seven dw,,s after receipt of an additional written notice from conference. ,f the Surer; timely requests a conference, the the owner to the Surety demanding that the Surety perform its Owner shall attend. Unless the Owner agrees otherwise, any obligations under this Bond,and the Owner shall be entitled to enforce conference requested under this Paragraph 3A shall be held any remedy available to the Owner. If the Surety proceeds as provided within ten (10) business days of the Surety s receipt of the in Paragraph 5.4,and the Owner refuses the paymentor the Surety has Owner's notice. If the Owner, the Contractor, and the Surety denied liability,in whale or in part,without further notice the Owner agree, the Contractor shall be allowed a reasonable time to shall be entitled to enforce any remedy available to the Owner. perform the Construction Contract,but such an agreement shall not waive the Owner's right, if any, subsequently to declare a 7, If the Surety elects to act under Paragraph 5.1,5.2,or 5.3,then Contractor Default; the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the 3.2 The Owner declares a Contractor Default,terminates responsibilities of the Owner to the Surety shall not be greater than the Construction Contract and notifies the Surety;and those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, 3.3 The Owner has agreed to pay the Balance of the the Surety is obligated,without duplication for: Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the 7.1 the responsibilities of the Contractor for correction of Construction Contract. defective work and completion of the Construction Contract; 4. Failure on the part of the Owner to comply with the notice 7.2 additional legal, design professional, and delay costs requirement in Paragraph 3.1 shall not constitute a failure to comply resulting from the Contractor's Default, and resulting from the with a condition precedent to the Surety's obligations,or release the actions or failure to act of the Surety under Paragraph 5;and Surety from its obligations, except to the extent the Surety demonstrates actual prejudice, 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual damages caused by S. When the Owner has satisfied the conditions of Paragraph 3,the delayed performance or non-performance of the Contractor. Surety shall promptly and at the Surety's expense take one of the following actions: 8. If the Surety elects to act under Paragraph S.1, 5.3, or 5.4,the Surety's liability Is limited to the amount of this fond. 5.1 Arrange for the Contractor, with the consent of the Owner,to perform and complete the Construction Contract; g. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 5.2 Undertake to perform and complete the Construction Contract,and the Balance of the Contract Price shall not be reduced or Contract itself,through its agents or independent contractors; set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner 513 obtain bids or negotiated proposals from qualified or its heirs,executors,administrators,successors,and assigns, contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, 10: Tkre 5ucety i;ereby vraves notice of arty change,.i;rctuding cha;iges arrange for a contract to be prepared for execution by the Owner of time, to the Construction Contfact or to related subcontracts, and a contractor selected veith tine fawners roncurrenca,is ire purchase orders,and other obligations. secured with performance and payment bond's eyecuteed by a qualified surety equ;valent to the bonds issued on the Lyman Spring M&C Improvements Ott 61 13_13-2 April 2018 Bozeman, Montana Performance Bond 11. Any proceeding, legal or equitable, under this Bond may be payments made to or on behalf of the Contractor under the instituted in any court of competent jurisdiction in the location in Construction Contract. which the work or part of the work is located and shall be instituted withintwo yearsaftera declaration of Contractor Defaultor within two 14.2 Construction Contract: The agreement between the years afterthe Coil tractarceased nrorkingor within two yearsafterthe Owner and Gcntractor identified on the cover page,including all Surety refuses or fails to perform its obligations under this Bond, Contract Documents and changes made to the agreement and the whichever occurs first. If the provisions of this paragraph are void or Contract Documents. prohibited by law, tare minimum periods of fimitattons avallable to sureties as a defense in the jurisdiction of the suit shall be applicable. 14.3 Contractor Default:failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply 12. Notice to the Surety,the Owner,or the Contractor shall be mailed with a material term of the Construction Contract, or delivered to the address shown on the page on which their signature appea,S. 14.11 owner Default: failure of tare owner, which has not been remedied or waived, to pay the Contractor as required 13. When this Bond has been furnished to comply with a statutory or under the Construction Contract or to perform and complete or other legal requirement In the location where the construction was to comply with the other material terms of the Construction be performed,any provision in this Bond conflicting with said statutory Contract. or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be 14.5 Contract Documents;All the documents that comprise deemed Incorporated herein.When sofurnished,the intentis thatthls the agreement betwt�nthe Owner and Con actor. Bond shall be construed as a statutory bond and not as a common lau bond. 15. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond shall be deemed to be 14 Definitions Subcontractor and the term Owner shall be deemed to be Contractor. 14.1 Balance of the Contract Price:The total amount payable 16. Modifications to this Bond areas follows: by the owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper Lyman Spring M&C Improvements 00 61 13.13-3 April 2018 Bozeman, Montana Performance Bond Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No. 7 2 0 4 8162 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint YVETTE MICHELE QUINN its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Vertex Electric, LLC Obligee: City of Bozeman Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." if Bond No. 72048162 is not issued on or before midnight of September 1, 2018 all authority conferred in this Power of Attorney shall expire and terminate. Izk `iIieanf Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its cor�e eal'to'be-afthis 9th day of July 2018 � WEST R SURE COMPANY STz J�F.S—Lft1-Z4?tftA Paul T. ruflat,Vice President ss COUN�� On this 9th day of July in the year 2018 before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. {'b�9AA�m4b44bbb4494�ab�s�e�Ohb4} r J. MOHR p 8 SEAL NOTARY PUBLIC SEAL Notary Public-South Dakota r SOUTH DAKOTA It �'as4h�s4�e44hb4�e�iykhbee�►'e4W4'F My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 9th day of July 2018 WEST R SURE COMPANY Paul T.fruflat,Vice President To validate bond authenticity,go to www.enasurety.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-10-2017 SECTION 00 6113.16—PAYMENT BOND Lyman Spring M&C Improvements 0061 13.16 April 2018 Bozeman, Montana Payment Bond PAYMENT BOND CONTRACTOR�namL,and address): SURETY(name and address of PfincipciPlace of business): Vertex Electric,LLC WESTERN SURETY COMPANY 903 Happy Lm 151 North Franklin, 17th Floor Belgrade,NTT 59714 Chicago,IL 60606 OWN E R(name and address): City of Bozeman, 121 N.Rouse,Bozeman,iv1T 59715 CONSTRUCTION CONTRACT Effective Date of the Agreement: July 9,2018 Amount. One hundred thirty thousand and no/100(S 130,000.00) Description(home and location) Lyman Spring lVater Treatment BOND Bond Number: 72(148162 Date fnot earlier than the Effective Dote of the Agreement of the Construction Contract): July 9,2018 Amount: One hundred thirty thousand and no/l 01)($130,000.00) Modifications to this Bond Form: None El See Paragraph 18 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer,agent,or representative. CONTRACTOR AS PRINCIPAL SURETY CORPORATE VERTEX ELECTRIC,LLC (seat) NVFSTERN STJRETY CO�N1PAN-Y SEAL Contractor's N me and Corporate Seal S urety'sFQuinn e Seal $y_ , /�� Signature r of attorney) Print Name ` Print Name ��.Sit�Q� At -Fact Title Title X Attest: /6est: Signature Rn ure ` 1 PC lqngt elm r ;. Title Title Mates: 0)Provide supplemental execution by any additional parties,such aslolot venturers.f2)Any slrrgular reference to Contractor,Surety,Owner,or other party shall he considered plural where applicable.. Lyman Sprang M&C Improvements 00 61 13,16- 1 April 2018 Bozeman, Montana Payment Bond satisfy a Claimant's obligation to furnish a written notice of 1. The Contractor and Surety, jointly and severally, bind non-payment under Paragraph 5.1.1. themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, 7. When a Claimant has satisfied the conditions of Paragraph materials, and equipment famished for use in the S.1or5.2,whichever is applicable,the Surety shall promptly Performance of the Construction Contract, which is and at the Surety's expense takethe following actions: incorporated Herein by reference,subject to the following terms. 7.1 Send an answer to the Claimant,with a copy to the Owner, within sixty (60) days after receipt of the 2. if the Contractor promptly makes payment of all sums due Claim,stating the amounts that are undisputed and to Claimants,and defends,indemnifies,and holds harmless the basis for challenging any amounts that are the Owner from claims, demands, liens, at suits by any disputed;and Person or entity seeking payment for labor,materials, or equipment furnished for use in the performance of the 7.2 Pay or arrange for payment of any undisputed Construction Contract,then the Surety and the Contractor amounts. shall have no obligation under this Bond. 7.3 The Surety's failure to discharge its obligations 3. If there is no Owner Default under the Construction under Paragraph 7.1 or 7.2 shall not be deemed to Contract, the. Surety s obligation to the Owner under this constitute a waiver of defenses the Surety or Bond shall ar;se after the Owner has promptly notified the Contractor may have or acquire asto a Claim,except Contractor and the Surety (at the address described In as to undisputed amounts for which the Surety and Paragraph 13)of claims,demands,liens,or suits against the Claimant have reached agreement. if,however,the Owner or the Owner's property by any person or entity Surety fails to discharge its obligations under seeking payment for labor, materials, or equipment Paragraph 7.1 or 7.2,the Surety shall indemnify the furnished for use in the performance of the Construction Claimant for the reasonable attorney's fees the Contract, and tendered defense of such claims,demands, Claimant incurs thereafter to recover any sums liens,or suits to the Contractor and the Surety. found to be due and owing to the Claimant. 4. When the Owner has satisfied the conditions in Paragraph 8, The Surety's total obligation shall not exceed the amount of 3, the Surety shall promptly and at the Surety s expense this Bond, plus the amount of reasonable attorney's fees defend,indemnify,and hold harmless the Owner against a provided under Paragraph 7.3,and the amount of this Bond duly tendered claim,demand,lien,or suit shall be credited for any payments made In good faith by the Surety. S. The Surety's obligations to a Claimant under this Bond shall arise after the following: 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of 5.1 Claimants who do not have a direct contract with the Construction Contract and to satisfy claims, if any, the Contractor, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, 5.1.1 have furnished a written notice of non- they agree that all funds earned by the Contractor in the payment to the Contractor, stating with performance of the Construction Contract are dedicated to substantial accuracy the amount claimed satisfy obligations of the Contractor and Surety under this and the name of the party to whom the Bond,subject to the Owner's priority to use the funds for materials were, or equipment was, the completion of the work. furnished or supplied or forwhom the labor was done or performed,within ninety(90) 10, The Surety shall not be liable to the Owner,Claimants,or days after having last performed labor or others for obligations of the Contractor that are unrelated last furnished materials or equipment to the Construction Contract. The fawner shall not be liable included in the Claim;and for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no 5.1.2 have sent a Claim to the Surety (at the obligation to make payments to or give notice on behalf of address described in Paragraph 13). Claimants,of othetwise have any obligations to Claimants under this Bond. 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to 11. The Surety hereby waives notice of any change, including the Surety(at the address described in Paragraph changes of time,to the Construction Contract or to related subcontrar_ts,purchase orders,and other obligations. 6. If a notice of nor.-payment required by Paragraph 5.1.1 is 12. No suit or action shall be commenced by a Claimant under giver,by the fawner to the Contractor,that is sufficient to this Bond other than in a court of competent jurisdiction In the state in which the project that is the subject of the Lyman Suring M&C Improvements 00 81 18.1E- 2 April 2018 Bozeman, Montana Payment Pored Construction Contract is located or after the expiration of 16.2 Claimanti An individual or entity having a direct one year from the date (1)on which the Claimant sent a contract with the Contractor or with a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,or subcontractor of the Contractor to furnish labor, (2) on which the last labor or service was performed by materials,or equipment for use in the performance anyone or the last materials of equipment Were furnished of the Construction Contract. The term Claimant by anyone under the Construction Contract;whichever of also includes any individual or entity that has (1)or 4,2)first occurs, !f the provisions of this paragraph are rightfully asserted a claim under an applicable void or prohibited by law,the minimum period of limitation mechanic's lien or similar statute against the real, available to sureties as a defense in the jurisdiction of the property upon which the Project is located. The suit shall be applicable, intent of this Bond shall be to include without limitation in the terms of "labor, materials, or 18. Notice and Claims to the Surety, the Owner, or the equipment"that part of the water,gas,power,light, Contractor shall be mailed or delivered to the address beat, oil, pasaline, teiephone service, or rental shown on the page on which their signature appears. equipment used in the Construction Contract, Actual receipt of notice or Claims,however accomplished, architectural and engineering services required for shall be sufficient compliance as of the date received. performance of the work of the Contractor and the Contractor's subcontractors,and all other items for 14, When this Bond has been furnished to comply with a which a mechanic's lien may be asserted in the statutory or other legal requirement in the location where jurisdiction where the labor, materials, or the construction was to be performed,any provision In this equipment were furnished. Band cnnfticting with raid statutory or legal requirement shall be deemed deleted herefrom and provisions 16.3 construction Contract:The agreement between the conforming to such statutory or other legal requirement Owner and Contractor Identified on the cover page, shall be deemed incorporated herein. When so furnished, including all Contract Documents and all changes the intent is that this Bond shall be construed as a statutory made to the agreement and the Contract bond and not as a common law bond, Documents. 15, Upon requests by any person or entity appearing to be a 16.4 Owner Default:Failure of the Owner,which has not potential beneficiary of this Bond, the Contractor and been remedied or waived,to pay the Contractor as owner shall promptly furnish a copy of this Bond or shall required under the Construction Contract or to permit a copy to be made. perform and complete or comply with the other material terms of the Construction Contract, 16, Definitions 16.5 Contract Documents: All the documents that 16.1 claim: A written statement by the Claimant comprise the agreement between the Owner and including at a minimum: Contractor. 1, The name of the Claimant; 17. If this Bond is issued for an agreement between a 2. The name of the person for whom the labor contractor and subcontractor,the term Contractor in this was done, or materials or equipment Bond shall be deemed to be Subcontractor and the term furnished; owner shall be deemed to be contractor. 3. A copy of the agreement or purchase order pursuant to which labor, materials, or 18,Modifications to this Bond are as follows: equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the Tabor, materials, or equipment furnished; S. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor,materials,or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant;and 8. The tot;si amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim, Lyman Spring M&C Improvements 00 61 13,16- 3 April 2018 Bozeman, Montana Payment Bond Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No. 72048162 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint YVETTE MICHELE QUINN its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Vertex Electric, LLC Obligee: City of Bozeman Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 72048162 is not issued on or before midnight of September 1, 2018 all authority conferred in this Power of Attorney shall expire and terminate. Iiiafierf,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its coe��eal'tdlte�this 9th day of July 2018 WEST R SURE COMPANY < '//�J 571Y�SUU'1'tiA Paul T. ruflat,Vice President COUICIi+fP41I3A ss Ar- On this 9th day of July in the year 2018 before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. tatibti•.�aa•.•��•,•,a•,•..,a...,tiwtiti+ p J. MOHR t E L NOTARY PUBLIC SEAL d r Notary Public-South Dakota F i SOUTH DAKOTA i +ti4hh4titi�sWNhNNA4eeAtib4ti44+ My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 9th day of July 2018 WEST R / SURE COMPANY Paul T.fruflat,Vice President To validate bond authenticity,go to www.enasurety.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-10-2017 VERTE-1 ' AC�lR®9 DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 07105/2018 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 406-388.4228 rCOUTACT Lisa Patton Central Insurance Agency PHONE 406-388-4228 FAx 406-388-4229 161 W. Madison (A/C,No,Ext): (A/C,No}: PO Box 1170 AOR SS: Belgrade, MT 59714 Lisa Patton INSURERS AFFORDING COVERAGE NAIC� INSURERA:Montana State Fund INSUREDVerTex Electric LLC INSURER B:United Fire Group James Tex 903 Happy Ln INSURER C: Belgrade,MT 59714 INSURER D: INSURER E: INSURERF: 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. INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD MMIDD B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX]OCCUR Y 60497507 10/03/2017 10/03/2018 DAMAGE TO RENTED $ 100,000 MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY a JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO 60497507 10/03/2017 10/03/2018 BODILY INJURY Perperson) $ OWNED X SCHEDULED AUTOS ONLY AUTOSpS p BODILY INJURY Per accident X AUrO�ONLY X AUTOS ONLY PROPERTY 4AMAGE Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 2,000,000 EXCESS LIAB CLAIMS-MADE 60497507 10/03/2017 10/03/2018 AGGREGATE $ DED I X I RETENTION $ 0 $ A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNERlEXECUIIVE 034489187 05/15/2018 05/15/2019 E.L.EACH ACCIDENT 1,000,000 OFFICE�21MEMB EXCLUDED? N N/A —' (Mandaoryin E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT B Stored Materials 10/03/2017 10/03/2018 21,000 10/03/2017 10/03/2018 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Lyman Spring Project Certificate holder is additional insured for General Liability pper policy form CO 7131,for ongoing and completed operations. In addition to Owner, Contractor, and all Subcontractors, include as insureds the foilowing:Advanced Engineering 8r Environmental Services, Inc. 1288 N. 14th unit 103, Bozeman, MT 59715 CERTIFICATE HOLDER CANCELLATION CITY-11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bozeman P O Box 640 Bozeman, MT 59718 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00 62 76—APPLICATION FOR PAYMENT FORM Lyman Spring M&C Improvements 00 62 76 April 2018 Bozeman, Montana Application for Payment Form I vc e D O 3 O o oZ 3z V—1 v^a .^. y wl go•�oaon a n z oz EL oaa� a o S Ej, a 3 0 a❑�a E D ? a � G A GGP O O a. c � m .. a ❑ �'� o-o � q a .J OR �bo on l; o�s n O b w �w � Boa. � H O Q P7 � � � ^ .e A n• oa aw H e e A Y O O y tv yam•• ,� 3 0 �., i � y �.+ a N o e� t ' 8 li o d a � a o R ; c 4 Pi y rJ �. rS 9 P Z rl i w V 9 � � p O i 4N rx' .crY bq b� (A F/1 (A M c a a a ro o b wo a ro2 co AD CD r EL H N �F�yyy+ 'O ✓ O x ,o s z w EL � to o o �y Li N. T - � n n w � s b d d z � a 2 n w o w o „ � a ro n y C7 `< 5 H d a a p rz a n bi b7 �W 1~• s p .o U � M U p o Lk !/ Y 66 o v F � T P �U 0 0 ro� ro `o _ � Q H � GO C til a o �ss itl a v A v Q'FG o � u m ui E U o c U o ® v U... o UQ vi � c � o ro z e � o "a x a 3 Q y Q F a cq o � U � � U � a 6 W Q ± 2 2 \ \ \ ¥ ƒ z{ƒ � . § ) ( /\ { )( \ Vr o \{{n� Oz(co \} (} aƒ � 7! . /\\{ ƒ { a� \ \* , J / � « " Lyman Spring PW&CImprovements 006336 Aori2O18 F.TCI)C Et( EEFS WHO 1 111.11S Ob CUMEITS GCJld ,71[£ Field Order No. Date of Issuance: Effective Date: Owner: Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: Contract Name: Contractor is hereby directed to promptly execute this Field Order, issued in accordance with General Conditions Paragraph 11.01,for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required,submit a Change Proposal before proceeding with this Work. Reference: Specification(s) Drawing(s)/Detail(s) Description: Attachments: ISSUED: RECEIVED: By: By: Engineer(Authorized Signature) Contractor(Authorized Signature) Title: Title: Date: Date: Copy to: Owner Lyman Spring M&C Improvements 00 63 36 - 1 April 2018 Bozeman, Montana Field Order Form . � » Lyman Spring M&CImprovements 006349 April 2018 El.IClI-)C LNUG?.EERS MNI CG'I AIT LO::Lh'.E iYTS GUI.77.ifTSEE Work Change Directive No. Date of Issuance: Effective Date: Owner: Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: Contract Name: Contractor is directed to proceed promptly with the following change(s): Description: Attachments:[List documents supporting change] Purpose for Work Change Directive: Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time, is issued due to:[check one or both of the following] ❑Non-agreement on pricing of proposed change. ❑ Necessity to proceed for schedule or other Project reasons. Estimated Change in Contract Price and Contract Times(non-binding,preliminary): Contract Price $ [increase] [decrease]. Contract Time days [increase] [decrease]. Basis of estimated change in Contract Price: ❑ Lump Sum ❑ Unit Price ❑ Cost of the Work ❑ Other RECOMMENDED: AUTHORIZED BY: RECEIVED: By: By: By: Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature) Title: Title: Title: Date: Date: Date: Approved by Funding Agency(if applicable) By: Date: Title: Lyman Spring M&C Improvements 00 63 49 - 1 April 2018 Bozeman, Montana Work Change Directive Form SECTION 00 63 63— CHANGE ORDER FORM Lyman Spring M&C Improvements 00 63 63 April 2018 Bozeman, Montana Change Order Form Change Order No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments: (List documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion(days or date): $ Ready for final payment(days or date): [Increase][Decrease]from previously approved Change [Increase][Decrease] from previously approved Change Orders Orders No. to No. No. to No. Substantial completion(days): $ Ready for final payment(days): Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion(days or date): $ Ready for final payment(days or date): [Increase][Decrease]of this Change Order: [Increase][Decrease]of this Change Order: Substantial completion(days or date): $ Ready for final payment(days or date): Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion(days or date): $ Ready for final payment(days or date): RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature) Date: Date: Date: Approved by Funding Agency(if applicable): Date: Lyman Spring M&C Improvements 00 63 63 - 1 April 2018 Bozeman, Montana Change Order Form 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. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Lyman Spring M&C Improvements 00 63 63 - 2 April 2018 Bozeman, Montana Change Order Form SECTION 00 65 16— CERTIFICATE OF SUBSTANTIAL COMPLETION FORM Lyman Spring M&C Improvements 00 65 16 April 2018 Bozeman, Montana Certificate of Substantial Completion Form E,J C D 4J ramE EN INLETS JOIN!CGtYRV:t v OUL111 NTS COM,"T'EE; CERTIFICATE OF SUBSTANTIAL COMPLETION Owner: Owner's Contract No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: Contract Name: This [preliminary] [final] Certificate of Substantial Completion applies to: ❑ All Work ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract. A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract. The responsibilities between Owner and Contractor for security,operation,safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows: [Note: Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor;see Paragraph 15.03.D of the General Conditions.] Amendments to Owner's responsibilities: ❑ None ❑As follows Amendments to Contractor's responsibilities: ❑ None ❑As follows: The following documents are attached to and made a part of this Certificate:[punch list;others] This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract. EXECUTED BY ENGINEER: RECEIVED: RECEIVED: By: By: By: (Authorized signature) Owner(Authorized Signature) Contractor(Authorized Signature) Title: Title: Title: Date: Date: Date: Lyman Spring M&C Improvements 00 65 16 - 1 April 2018 Bozeman, Montana Certificate of Substantial Completion CONDITIONS OF THE CONTRACT Acy STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by EJCDC - ENGINEERS JOINT CONTRACT I DOCUMENTS COMMITTEE Issued and Published Jointly by r ACEC AMERICAN COUNCIL oP ENGINEERING COMPANIES ASCE' AMERICAN SOCIETY OF CIVIL ENGINEERS National Society of NWO Professional Engineers@ EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology......................................................................................... 1 1.01 Defined Terms........................................................................................................................ 1 1.02 Terminology...........................................................................................................................5 Article 2—Preliminary Matters....................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance........................................................................6 2.02 Copies of Documents.............................................................................................................6 2.03 Before Starting Construction .................................................................................................6 2.04 Preconstruction Conference; Designation of Authorized Representatives...........................6 2.05 Initial Acceptance of Schedules .............................................................................................7 2.06 Electronic Transmittals...........................................................................................................7 Article 3— Documents: Intent, Requirements, Reuse .................................................................... 7 3.01 Intent......................................................................................................................................7 3.02 Reference Standards..............................................................................................................8 3.03 Reporting and Resolving Discrepancies.................................................................................8 3.04 Requirements of the Contract Documents............................................................................9 3.05 Reuse of Documents..............................................................................................................9 Article 4—Commencement and Progress of the Work................................................................ 10 4.01 Commencement of Contract Times; Notice to Proceed......................................................10 4.02 Starting the Work................................................................................................................. 10 4.03 Reference Points..................................................................................................................10 4.04 Progress Schedule................................................................................................................10 4.05 Delays in Contractor's Progress...........................................................................................11 Article 5—Availability of Lands;Subsurface and Physical Conditions; Hazardous Environmental Conditions..................................................................................................................................... 12 5.01 Availability of Lands .............................................................................................................12 5.02 Use of Site and Other Areas.................................................................................................12 5.03 Subsurface and Physical Conditions.....................................................................................13 5.04 Differing Subsurface or Physical Conditions........................................................................13 5.05 Underground Facilities.........................................................................................................15 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 5.06 Hazardous Environmental Conditions at Site.......................................................................16 Article 6—Bonds and Insurance ................................................................................................... 18 6.01 Performance, Payment, and Other Bonds...........................................................................18 6.02 Insurance—General Provisions............................................................................................19 6.03 Contractor's Insurance.........................................................................................................20 6.04 Owner's Liability Insurance..................................................................................................22 6.05 Property Insurance...............................................................................................................22 6.06 Waiver of Rights...................................................................................................................24 6.07 Receipt and Application of Property Insurance Proceeds ...................................................25 Article 7—Contractor's Responsibilities....................................................................................... 25 7.01 Supervision and Superintendence.......................................................................................25 7.02 Labor;Working Hours..........................................................................................................26 7.03 Services, Materials, and Equipment.....................................................................................26 7.04 "Or Equals"...........................................................................................................................26 7.05 Substitutes ...........................................................................................................................27 7.06 Concerning Subcontractors,Suppliers, and Others.............................................................29 7.07 Patent Fees and Royalties....................................................................................................30 7.08 Permits.................................................................................................................................31 7.09 Taxes ....................................................................................................................................31 7.10 Laws and Regulations...........................................................................................................31 7.11 Record Documents...............................................................................................................32 7.12 Safety and Protection...........................................................................................................32 7.13 Safety Representative..........................................................................................................33 7.14 Hazard Communication Programs.......................................................................................33 7.15 Emergencies.........................................................................................................................33 7.16 Shop Drawings,Samples, and Other Submittals..................................................................33 7.17 Contractor's General Warranty and Guarantee...................................................................35 7.18 Indemnification....................................................................................................................36 7.19 Delegation of Professional Design Services.........................................................................37 Article 8—Other Work at the Site ................................................................................................ 37 8.01 Other Work..........................................................................................................................37 8.02 Coordination ........................................................................................................................38 8.03 Legal Relationships...............................................................................................................38 E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii Article 9—Owner's Responsibilities.............................................................................................. 39 9.01 Communications to Contractor............................................................................................39 `! 9.02 Replacement of Engineer.....................................................................................................39 9.03 Furnish Data.........................................................................................................................39 9.04 Pay When Due......................................................................................................................39 9.05 Lands and Easements; Reports,Tests, and Drawings..........................................................39 9.06 Insurance..............................................................................................................................40 9.07 Change Orders......................................................................................................................40 9.08 Inspections,Tests, and Approvals........................................................................................40 9.09 Limitations on Owner's Responsibilities..............................................................................40 9.10 Undisclosed Hazardous Environmental Condition...............................................................40 9.11 Evidence of Financial Arrangements....................................................................................40 9.12 Safety Programs...................................................................................................................40 Article 10—Engineer's Status During Construction...................................................................... 40 10.01 Owner's Representative.......................................................................................................40 10.02 Visits to Site..........................................................................................................................40 10.03 Project Representative.........................................................................................................41 10.04 Rejecting Defective Work.....................................................................................................41 10.05 Shop Drawings, Change Orders and Payments....................................................................41 10.06 Determinations for Unit Price Work....................................................................................41 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work................41 10.08 Limitations on Engineer's Authority and Responsibilities....................................................41 10.09 Compliance with Safety Program.........................................................................................42 Article 11—Amending the Contract Documents; Changes in the Work......................................42 11.01 Amending and Supplementing Contract Documents ..........................................................42 11.02 Owner-Authorized Changes in the Work.............................................................................43 11.03 Unauthorized Changes in the Work.....................................................................................43 11.04 Change of Contract Price .....................................................................................................43 11.05 Change of Contract Times....................................................................................................44 11.06 Change Proposals.................................................................................................................44 11.07 Execution of Change Orders.................................................................................................45 11.08 Notification to Surety...........................................................................................................46 Article12—Claims......................................................................................................................... 46 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ill 12.01 Claims...................................................................................................................................46 Article 13—Cost of the Work; Allowances; Unit Price Work........................................................ 47 13.01 Cost of the Work..................................................................................................................47 13.02 Allowances...........................................................................................................................49 13.03 Unit Price Work....................................................................................................................50 Article 14—Tests and Inspections; Correction, Removal or Acceptance of Defective Work....... 50 14.01 Access to Work.....................................................................................................................50 14.02 Tests, Inspections, and Approvals........................................................................................51 14.03 Defective Work.....................................................................................................................51 14.04 Acceptance of Defective Work.............................................................................................52 14.05 Uncovering Work.................................................................................................................52 14.06 Owner May Stop the Work..................................................................................................53 14.07 Owner May Correct Defective Work....................................................................................53 Article 15— Payments to Contractor; Set-Offs; Completion; Correction Period.......................... 53 15.01 Progress Payments...............................................................................................................53 15.02 Contractor's Warranty of Title.............................................................................................56 15.03 Substantial Completion........................................................................................................56 15.04 Partial Use or Occupancy.....................................................................................................57 15.05 Final Inspection....................................................................................................................58 15.06 Final Payment.......................................................................................................................58 15.07 Waiver of Claims ..................................................................................................................59 15.08 Correction Period.................................................................................................................59 Article 16—Suspension of Work and Termination....................................................................... 60 16.01 Owner May Suspend Work..................................................................................................60 16.02 Owner May Terminate for Cause.........................................................................................60 16.03 Owner May Terminate For Convenience.............................................................................61 16.04 Contractor May Stop Work or Terminate............................................................................62 Article 17—Final Resolution of Disputes...................................................................................... 62 17.01 Methods and Procedures.....................................................................................................62 Article 18— Miscellaneous............................................................................................................ 63 18.01 Giving Notice........................................................................................................................63 18.02 Computation of Times..........................................................................................................63 18.03 Cumulative Remedies ..........................................................................................................63 E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 18.04 Limitation of Damages.........................................................................................................63 18.05 No Waiver ............................................................................................................................63 18.06 Survival of Obligations .........................................................................................................63 18.07 Controlling Law....................................................................................................................63 18.08 Headings...............................................................................................................................63 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined,terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs,and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument,executed by Owner and Contractor,that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any,the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents;challenging a set-off against payments due;or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision Lyman Spring M&C Improvements 00 72 13-1 April 2018 Bozeman, Montana General Conditions regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address.A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d)the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e)the Clean Water Act,33 U.S.C. §§1251 et seq.; (f)the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation,ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste,substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement,and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a)achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract,does not establish a Hazardous Environmental Condition. 23. Laws and Regulations;Laws or Regulations—Any and all applicable laws,statutes, rules, regulations,ordinances,codes,and orders of any and all governmental bodies,agencies, authorities, and courts having jurisdiction. 24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. Lyman Spring M&C Improvements 00 72 13-2 April 2018 Bozeman, Montana General Conditions 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 30. Project—The total undertaking to be accomplished for Owner by engineers,contractors, and others, including planning,study,design,construction,testing,commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for,or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions,and Specifications.The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site.As used herein,the term Resident Project Representative or"RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, Lyman Spring M&C Improvements 00 72 13-3 April 2018 Bozeman, Montana General Conditions and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer,the Work(or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended.The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract,subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either(a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or(b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site,then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03,5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents.Work includes and is the result of performing or providing all labor,services, and documentation necessary to produce such construction;furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. Lyman Spring M&C Improvements 00 72 13-4 April 2018 Bozeman, Montana General Conditions 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment,action,or determination will be solely to evaluate, in general,the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise).The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or C. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services,materials,or equipment complete and ready for intended use. 3. The words"perform"or"provide,"when used in connection with services,materials,or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials,or equipment complete and ready for intended use. Lyman Spring M&C Improvements 00 72 13 -5 April 2018 Bozeman, Montana General Conditions F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner,Contractor shall also deliver to Owner,with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract),the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance:After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals;and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference;Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,and others as appropriate will be held to establish a working understanding among Lyman Spring M&C Improvements 00 72 13-6 April 2018 Bozeman, Montana General Conditions the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing,a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times.Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract,the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals,in electronic media or digital format,either directly,or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals,then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format,the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3—DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. Lyman Spring M&C Improvements 00 72 13-7 April 2018 Bozeman, Montana General Conditions B. It is the intent of the Contract Documents to describe a functionally complete project(or part thereof)to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents(including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier,shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees,from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications,Sixth Edition(MPWSS-6th)and applicable City of Bozeman Modifications to MPWSS-6th,including all addenda." 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01, 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Lyman Spring M&C Improvements 00 72 13-8 April 2018 Bozeman, Montana General Conditions Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard,or code,or(d)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 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2)the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question,either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Lyman Spring M&C Improvements 00 72 13-9 April 2018 Bozeman, Montana General Conditions Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times;Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.05)proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. Lyman Spring M&C Improvements 00 72 13 -10 April 2018 Bozeman, Montana General Conditions 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible,delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner,Contractor,and those for which they are responsible,then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay,disruption,or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8);and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents,or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. Lyman Spring M&C Improvements 00 72 13-11 April 2018 Bozeman, Montana General Conditions ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment,temporary construction facilities,the storage of materials and equipment, and the operations of workers to the Site,adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim,and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste Lyman Spring M&C Improvements 00 72 13- 12 April 2018 Bozeman, Montana General Conditions materials, rubbish,and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings:The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities);and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized:Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors,with respect to: 1. the completeness of such reports and drawings for Contractor's purposes,including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions,or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications;or 3. differs materially from that shown or indicated in the Contract Documents;or Lyman Spring M&C Improvements 00 72 13 - 13 April 2018 Bozeman, Montana General Conditions 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 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made,and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of,or time required for,performance of the Work;subject, however,to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, C. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract,or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration,test, or study of the Site Lyman Spring M&C Improvements 00 72 13- 14 April 2018 Bozeman, Montana General Conditions and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or C. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both,then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price,and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; C. coordination of the Work with the owners (including Owner)of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, 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 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any,to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and Lyman Spring M&C Improvements 00 72 13-15 April 2018 Bozeman, Montana General Conditions recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility:After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made,and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times,or both,to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work;subject, however,to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of orto have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; C. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both,then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times,or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings:The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized:Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data(as defined in Article 1)contained in anygeotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data,Contractor may not rely upon or make any claim against Owner or Engineer, Lyman Spring M&C Improvements 00 72 13 -16 April 2018 Bozeman, Montana General Conditions or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes,including,but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work,or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2)stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) 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 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question,then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either(1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions underwhich such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any,of any adjustment in Contract Price or Contract Times,or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor,then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal,or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe,or does not agree to resume such Work under such special Lyman Spring M&C Improvements 00 72 13-17 April 2018 Bozeman, Montana General Conditions conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work,following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants,and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or .indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.13, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1-1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants,and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond,each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract.These bonds shall remain in effect until one year afterthe date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570(as amended and supplemented) by the Financial Management Service,Surety Bond Branch,U.S. Department of the Treasury.A bond Lyman Spring M&C Improvements 00 72 13-18 April 2018 Bozeman, Montana General Conditions signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall 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 bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner,with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies,coverages,and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor,with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor Lyman Spring M&C Improvements 00 72 13-19 April 2018 Bozeman, Montana General Conditions to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owners termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A. Workers'Compensation:Contractor shall purchase and maintain workers'compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop-gap endorsement in monopolist worker's compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance,covering all operations by or on behalf of Contractor, on an occurrence basis,against: 1. claims for damages because of bodily injury,sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages,other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability—Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. Lyman Spring M&C Improvements 00 72 13 -20 April 2018 Bozeman, Montana General Conditions b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage,to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance.This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Lyman Spring M&C Improvements 00 72 13 -21 April 2018 Bozeman, Montana General Conditions Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions:The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations,whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 30 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer,and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor,any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies,if any,operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations).This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05,Paragraphs 6.06 and 6.07,and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." Lyman Spring M&C Improvements 00 72 13-22 April 2018 Bozeman, Montana General Conditions 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work,temporary buildings,falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft;smoke;theft;vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Lyman Spring M&C Improvements 00 72 13 -23 April 2018 Bozeman, Montana General Conditions Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles:The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather,those portions of the Workthat are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it,and if so in what amount. 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents,consultants, and subcontractors of each and any of them,for all losses and damages caused by,arising out of,or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition,waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds,and the officers,directors,members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them,for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and Lyman Spring M&C Improvements 00 72 13-24 April 2018 Bozeman, Montana General Conditions 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03,or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.E shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss,the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible forthe means,methods,techniques,sequences,and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. Lyman Spring M&C Improvements 00 72 13-25 April 2018 Bozeman, Montana General Conditions 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours,Mondaythrough Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays,Sundays,or legal holidays only with Owner's written consent,which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance,testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind,and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. 7.04 "Or Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier,the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal" item. Forthe purposes of this paragraph,a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction,quality, durability, appearance, strength, and design characteristics; Lyman Spring M&C Improvements 00 72 13 -26 April 2018 Bozeman, Montana General Conditions 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense:Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or-equal" request. Engineer may require Contractor to furnish additional data about the proposed"or-equal" item. Engineer will be the sole judge of acceptability. No "or-equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or-equal", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effectof Engineer's Determination:Neither approval nor denial of an"or-equal"request shall result in any change in Contract Price.The Engineer's denial of an "or-equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05, 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.6, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. Lyman Spring M&C Improvements 00 72 13 -27 April 2018 Bozeman, Montana General Conditions 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Workwill require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project)to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. C. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering,sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute.Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. Lyman Spring M&C Improvements 00 72 13 -28 April 2018 Bozeman, Montana General Conditions E. Contractor's Expense:Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request,Contractor shall execute the proposed Change Order and proceed with the substitution.The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors,Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor,Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however,that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto),then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. Lyman Spring M&C Improvements 00 72 13 -29 April 2018 Bozeman, Montana General Conditions I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Workjust as Contractor is responsible for Contractor's own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier,to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor,Supplier,or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product,or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if,to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified Lyman Spring M&C Improvements 00 72 13-30 April 2018 Bozeman, Montana General Conditions as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations,Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations,but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any,of any adjustment in Contract Price or Contract Times resulting from such changes,then Lyman Spring M&C Improvements 00 72 13-31 April 2018 Bozeman, Montana General Conditions within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction.These record documents,together with all approved Samples,will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property,orto the protection of persons or property from damage, injury,or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner;the owners of adjacent property, Underground Facilities,and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor,any Subcontractor,Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Lyman Spring M&C Improvements 00 72 13-32 April 2018 Bozeman, Montana General Conditions Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto,Contractor is obligated to act to prevent threatened damage,injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work orvariations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings,Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample,Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work;and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. Lyman Spring M&C Improvements 00 72 13-33 April 2018 Bozeman, Montana General Conditions 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents.This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures forShop Drawings and Samples:Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions,specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work,conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences,or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Lyman Spring M&C Improvements 00 72 13-34 April 2018 Bozeman, Montana General Conditions Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit,as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings,sample, or other item requiring approval,and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time,and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers,directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: Lyman Spring M&C Improvements 00 72 13-35 April 2018 Bozeman, Montana General Conditions 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection,test, or approval by others; or 8. any correction of defective Work by Owner. D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner,then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees,agents,consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee)of Contractor,any Subcontractor,any Supplier,or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor,Supplier,or other individual or entity under workers'compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports,surveys, Change Orders, designs, or Specifications;or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. Lyman Spring M&C Improvements 00 72 13 -36 April 2018 Bozeman, Montana General Conditions 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods,techniques,sequences and procedures.Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy,accuracy,and completeness of the services,certifications,or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings)will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site.Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees,or through contracts for such other work,then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site,Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however,that Contractor may cut or Lyman Spring M&C Improvements 00 72 13-37 April 2018 Bozeman, Montana General Conditions alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and 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. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site,the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions,Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors,or delays,disrupts,interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual Lyman Spring M&C Improvements 00 72 13 -38 April 2018 Bozeman, Montana General Conditions rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions,or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner,or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees,agents,consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs)arising out of or relating to such damage,delay, disruption, or interference. ARTICLE 9—OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements;Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. Lyman Spring M&C Improvements 00 72 13-39 April 2018 Bozeman, Montana General Conditions 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections,tests,and approvals is set forth in Paragraph 14.02.6. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,Contractor's means, methods,techniques,sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On Lyman Spring M&C Improvements 00 72 13 -40 April 2018 Bozeman, Montana General Conditions the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work,then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant,agent,or employee,the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority,and limitations thereof,as to Shop Drawings and Samples,are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer,shall create,impose, or give rise to any duty in Lyman Spring M&C Improvements 00 72 13-41 April 2018 Bozeman, Montana General Conditions 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 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections,tests, and approvals,that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times,such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives:A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Lyman Spring M&C Improvements 00 72 13 -42 April 2018 Bozeman, Montana General Conditions Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time,order additions,deletions, or revisions in the Work.Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings,Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents,as amended, modified,or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents,then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum,then on the Lyman Spring M&C Improvements 00 72 13-43 April 2018 Bozeman, Montana General Conditions basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.6.1 and 13.01.13.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.6.3, the Contractor's fee shall be five percent; C. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work,a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.13.4, 13.01.6.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change,the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Lyman Spring M&C Improvements 00 72 13-44 April 2018 Bozeman, Montana General Conditions Contract Price, or both, or other proposed relief, and explain the reason for the proposed change,with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures:Contractor shall submit each Change Proposal to Engineer promptly(but in no event later than 30 days)after the start of the event giving rise thereto,or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time(if any),to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and,within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing,with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings,Specifications, or otherwise),the acceptability of the Work, or other engineering ortechnical matters,then Engineerwill notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings,Specifications, or otherwise), or other engineering or technical matters;and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. Lyman Spring M&C Improvements 00 72 13-45 April 2018 Bozeman, Montana General Conditions B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12—CLAIMS 12.01 Claims A. Claims Process:The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times,or other relief under the Contract Documents;and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim:The party submitting a Claim shall deliver it directly to the other party to the Contract promptly(but in no event later than 30 days) after the start of the event giving rise thereto;in the case of appeals regarding Change Proposals within 30 days of the decision under appeal.The party submitting the Claim shall also furnish a copy to the Engineer,for its information only.The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith,that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation,then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute,the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. Lyman Spring M&C Improvements 00 72 13-46 April 2018 Bozeman, Montana General Conditions 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied,thereby commencing the time for appeal of the denial.A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results:If the parties reach a mutual agreement regarding a Claim,whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in 'part and denied in part, or denied in full, and such actions become final and binding;then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work,the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work:The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below.The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee,time-and-materials,or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include,without limitation, superintendents,foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits,which shall include social security contributions, unemployment,excise, and payroll taxes,workers'compensation,health and retirement benefits,bonuses,sick leave, and vacation and holiday pay applicable 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. Lyman Spring M&C Improvements 00 72 13-47 April 2018 Bozeman, Montana General Conditions 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner,who will then determine,with the advice of Engineer,which bids, if any,will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work,and cost, less market value,of such items used but not consumed which remain the property of Contractor. C. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading,unloading,assembly,dismantling,and removal thereof.All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval Lyman Spring M&C Improvements 00 72 13-48 April 2018 Bozeman, Montana General Conditions of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities,fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.6.1 or specifically covered by Paragraph 13.01.13.4.The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.13. D. Contractor's Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances:Contractor agrees that: 1. the cash allowances include the cost to Contractor(less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes;and Lyman Spring M&C Improvements 00 72 13 -49 April 2018 Bozeman, Montana General Conditions 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit,and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances,and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance:Contractor agrees that a contingency allowance,if any,is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price,and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Lyman Spring M&C Improvements 00 72 13-50 April 2018 Bozeman, Montana General Conditions Contractor's safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector,testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner,except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections,tests,or approvals, pay all costs in connection therewith,and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work(or the work of others)that is to be inspected,tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. Lyman Spring M&C Improvements 00 72 13 -51 April 2018 Bozeman, Montana General Conditions C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties:When correcting defective Work,Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal,and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses,and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims,costs, losses,and damages attributable to Owner's evaluation of and determination to accept such defective Work(such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment,Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require,that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or Lyman Spring M&C Improvements 00 72 13-52 April 2018 Bozeman, Montana General Conditions reconstruction (including but not limited to all costs of repair or replacement of work of others);and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents,then Owner may order Contractorto stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents,then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site,take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims,costs, losses,and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments:The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period,as determined under the Lyman Spring M&C Improvements 00 72 13-53 April 2018 Bozeman, Montana General Conditions provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing,the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner,based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules,that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents,a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in Lyman Spring M&C Improvements 00 72 13-54 April 2018 Bozeman, Montana General Conditions progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment,including final payment,will - impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods,techniques,sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; C. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from Lyman Spring M&C Improvements 00 72 13-55 April 2018 Bozeman, Montana General Conditions workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; C. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes,tests and inspections,or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment,whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and 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, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of(1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request Lyman Spring M&C Improvements 00 72 13-56 April 2018 Bozeman, Montana General Conditions that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. 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 preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment.Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will,within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion,review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items,following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work,subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Lyman Spring M&C Improvements 00 72 13 -57 April 2018 Bozeman, Montana General Conditions Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete,the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete,Engineer will 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, or agreed portion thereof,is incomplete or defective.Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer,satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any,to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects,or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers(satisfactory to Owner)of all Lien rights arising out of the Work,and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a)the releases and receipts include all labor,services, material, and equipment for which a Lien could be filed; and (b)all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any Lyman Spring M&C Improvements 00 72 13-58 April 2018 Bozeman, Montana General Conditions way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien,or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments.At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment,in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work:The Work is complete (subject to surviving obligations)when it is ready forfinal payment as established bythe Engineer's written recommendation of final payment. D. Payment Becomes Due:Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation,the amount recommended by Engineer(less any further sum Owner is entitled to set off against Engineer's recommendation, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within two years after the date of Substantial Completion(or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas Lyman Spring M&C Improvements 00 72 13-59 April 2018 Bozeman, Montana General Conditions used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly(within seven (7) days of written notice), without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not 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. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work(and damage to other Work resulting therefrom) has been corrected or removed and replaced underthis paragraph,the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed.Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no laterthan 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); Lyman Spring M&C Improvements 00 72 13-60 April 2018 Bozeman, Montana General Conditions 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor(and any surety)ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor(and any surety) notice that the Contract is terminated;and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.E if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses,and damages(including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims,costs,losses,and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and,when so approved by Engineer, incorporated in a Change Order.When exercising any rights or remedies under this paragraph,Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue,or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A,the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.E and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may,without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; Lyman Spring M&C Improvements 00 72 13-61 April 2018 Bozeman, Montana General Conditions 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may,upon seven days written notice to Owner and Engineer,and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may,seven days after written notice to Owner and Engineer,stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim,or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions;or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. Lyman Spring M&C Improvements 00 72 13 -62 April 2018 Bozeman, Montana General Conditions ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid,to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract.The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract,will survive final payment, completion,and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. Lyman Spring M&C Improvements 00 72 13-63 April 2018 Bozeman, Montana General Conditions SECTION 00 73 00 SUPPLEMENTARY CONDITIONS Prepared by EJCDC'----.wn ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC A�u:eicAN COUNCIL 01:ENGINI I RING COMPANIES ASCE ALI[HICAN SKI[TY OF CIVII ENGINEERS National Society of Professional Engineers® EJCDC®C-800,Guide to the Preparation of Supplementary Conditions. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page TABLE OF CONTENTS Page I. Introduction..........................................................................................................................................1 A. General.............................................................................................................................................1 B. Mandatory Supplementary Conditions ...........................................................................................1 C. Relationship of Supplementary Conditions to Other Contract Documents ....................................1 D. Arrangement of Subject Matter......................................................................................................1 E. Use of this Guide..............................................................................................................................1 II. Standard Prefatory Language and Traditional Format for Supplementary Conditions........................1 A. Table of Contents.............................................................................................................................1 B. Pagination........................................................................................................................................1 C. Format for Complete Paragraph Change.........................................................................................1 D. Format for Change within a Paragraph............................................................................................1 E. Format for Additional Language......................................................................................................1 F. Format for Additional Paragraph.....................................................................................................1 III. Alternative Format for Supplementary Conditions..............................................................................1 IV. Suggested Supplementary Conditions..................................................................................................1 A. Caption and Introductory Statements.............................................................................................1 EJCDC®C-800,Guide to the Preparation of Supplementary Conditions. Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii Section 00 73 00-Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below,which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions,with the prefix"SC" added thereto. ARTICLE 1—DEFINITIONS AND TERMINOLOGY SC-1.01 Defined Terms ARTICLE 2—PRELIMINARY MATTERS SC-2.01 Delivery of Bonds and Evidence of Insurance SC-2.01 Delete Paragraphs 2.01 B.and C.in their entirety and insert the following in their place: B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies of insurance (including all endorsements,and identification of applicable self-insured retentions and deductibles) required to be provided by Contractor in Article 6. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. C. Evidence of Owner's Insurance: After receipt from Contractor of the executed counterparts of the Agreement and all required bonds and insurance documentation,Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner under Article 6 (if any). Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. SC-2.02 Copies of Documents SC-2.02 Delete Paragraph 2.02.A in its entirety and insert the following new paragraph in its place: A. Owner shall furnish to Contractor four copies of conformed Contract Documents incorporating and integrating all Addenda and any amendments negotiated prior to the Effective Date of the Contract(including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies of the conformed Contract Documents will be furnished upon request at the cost of reproduction. Lyman Spring M&C Improvements 00 73 00- 1 April 2018 Bozeman, Montana Supplementary Conditions ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 Subsurface and Physical Conditions SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.6: C. The following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to Owner: 1. No reports of explorations or tests of subsurface conditions at or adjacent to the Site are known to Owner. D. The following drawings of physical conditions relating to existing surface or subsurface structures at or adjacent to the Site(except Underground Facilities)are known to Owner: 1. Drawings dated May 2009 - Lyman Creek Water Systems Infrastructure Improvements by Morrison-Maierle, 2. Drawings dated 2004-Lyman Creek Improvement Project by HKM; 3. Drawings Dated 1990-Lyman Creek Water System Improvements—Phase III by Gaston Engineering; 4. Drawings dated 1989-Lyman Creek Water System Improvements by S/S/G Engineering& Surveying; a. All of the information in such drawings constitutes Technical Data on whose accuracy the Contractor may generally rely E. Contractor may examine copies of reports and drawings identified in SC 5.03.0 and SC 5.03.13 that were not included with the Bidding Documents at the Issuing Office identified in the Invitation to Bid during regular business hours, or may request copies from Engineer. SC-5.06 Hazardous Environmental Conditions SC 5.06 Delete Paragraphs 5.06.A and 5.06.E in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 6—BONDS AND INSURANCE SC-6.03 Contractor's Liability Insurance SC 6.03 Add the following new paragraph immediately after Paragraph 6.03.J: K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Lyman Spring M&C Improvements 00 73 00-2 April 2018 Bozeman, Montana Supplementary Conditions 1. Workers'Compensation,and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: State: Statutory Federal, if applicable(e.g., Longshoreman's): Statutory Employer's Liability: $ 500,000.00 2. Contractor's Commercial General Liability under Paragraphs 6.03.E and 6.03.0 of the General Conditions: General Aggregate $ 3,000,000.00 Products-Completed Operations Aggregate $ 3,000,000.00 Personal and Advertising Injury $ 1,000,000.00 Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 Coverage to include: 1) Premises—Operations 2) Operations of Independent Contractor. 3) Contractual Liability. 4) Personal Injury 5) Products and Completed Operations 6) Broad Form Property Damage will include explosion,collapse, blasting, and underground where applicable. 7) Per Project Aggregate Endorsement. 3. Automobile Liability under Paragraph 6.03.D.of the General Conditions: Bodily Injury: Each person $ 500,000.00 Each accident $ 1,000,000.00 Property Damage: Each accident $ 1,000,000.00 [or] Combined Single Limit of $ 1,000,000.00 Coverage to include: 1) All Owned. 2) Hired 3) Non-Owned Lyman Spring M&C Improvements 00 73 00- 3 April 2018 Bozeman, Montana Supplementary Conditions 4. Excess or Umbrella Liability: Contractor's Liability Insurance under 6.03.131 through 6.03.8.4 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. Contractor's Pollution Liability: Each Occurrence $ N.A. General Aggregate $ N.A. ® If box is checked,Contractor is not required to provide Contractor's Pollution Liability insurance under this Contract 6. Additional Insureds: Owner and Engineer 7. Contractor's Professional Liability: Each Claim $ 1,000,000.00 Annual Aggregate $ 3,000,000.00 8. The Contractual Liability coverage required by paragraph 6.03.13.1 through 6.03.6.4 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 6.05 Property Insurance SC-6.05.A.1 Add the following new subparagraph after subparagraph 6.05.A.1: a. In addition to Owner, Contractor, and all Subcontractors, include as insureds the following: Advanced Engineering& Environmental Services, Inc. 1288 North 14th Avenue Unit 103 Bozeman, MT 59715 ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES SC-7.02 Labor, Working Hours Paragraph 7.02.E of the General Conditions restricts Contractor to working during "regular hours" Monday through Friday, and no work is permitted on "legal holidays." A. To provide details regarding the meaning of the terms"regular hours" and "legal holidays,"consider specifically defining them by adding the following: Lyman Spring M&C Improvements 00 73 00 -4 April 2018 Bozeman, Montana Supplementary Conditions SC-7.02.13. Add the following new subparagraphs immediately after Paragraph 7.02.13: 1. Regular working hours will be 8:00 AM to 5:00 PM (Contractor to request permission for work completed outside of these hours). 2. Owner's legal holidays are ® New Year's Day • Indigenous Peoples' Day • Martin Luther King,Jr. Day • Veterans Day ® President's Day ® Election Day • Good Friday • Thanksgiving ® Memorial Day ® Christmas ® Independence Day ® Labor Day SC-7.02.13. Amend the first and second sentences of Paragraph 7.02.E to state "...all Work at the s Site shall be performed during regular working hours, Monday through Friday. Work outside of these times or during any legal holiday shall be coordinated with Engineer and Owner." SC-7.02.C. Add the following new paragraph immediately after Paragraph 7.02.13: Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer's services (including those of the Resident Project Representative,if any),Owner's representative,and construction observation services, occasioned by the performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. SC-7.09 Taxes SC 7.09 Add a new paragraph immediately after Paragraph 7.09.A: B. Owner is exempt from payment of sales and compensating use taxes of the State of Montana and of cities and counties thereof on all materials to be incorporated into the Work. 1. Owner will furnish the required certificates of tax exemption to Contractor for use in the purchase of supplies and materials to be incorporated into the Work. 2. Owner's exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to supplies or materials not incorporated into the Work. 3. Owner's tax exemption is legislated by Title 15 of the Montana Code Annotated(15-6-201, MCA) &(15-31.102, MCA). 7.12 Safety and Protection SC-7.12 Insert the following after the second sentence of Paragraph 7.12.C: The following Owner safety programs are applicable to the Work: City of Bozeman safety program (current edition). Lyman Spring M&C Improvements 00 73 00- 5 April 2018 Bozeman, Montana Supplementary Conditions ARTICLE 8—OTHER WORK AT THE SITE SC-8.02 Coordination SC-8.02 Delete Paragraph 8.02.A in its entirety and replace with the following: A. Owner intends to contract with others for the performance of other work at or adjacent to the Site. 1. Owner shall have authority and responsibility for coordination of the various contractors and work forces at the Site; 2. The following specific matters are to be covered by such authority and responsibility: [here itemize such matters]; 3. The extent of such authority and responsibilities is: [here provide the extent] ARTICLE 9—OWNER'S RESPONSIBILITIES ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION SC-10.03 Project Representative SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.A: B. The Resident Project Representative(RPR)will be Engineer's representative at the Site,will act as directed by and under the supervision of Engineer,and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings,job conferences, and other Project-related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor.Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. Lyman Spring M&C Improvements 00 73 00- 6 April 2018 Bozeman, Montana Supplementary Conditions 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor-approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. C. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress is defective,will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents,or has been damaged,or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections,Tests,and System Start-ups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or log book,recording Contractor's hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in Lyman Spring M&C Improvements 00 73 00- 7 April 2018 Bozeman, Montana Supplementary Conditions general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. c. Maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the Progress Schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. C. Immediately notify Engineer of the occurrence of any Site accidents, emergencies,acts of God endangering the Work,force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the Schedule of Values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates,Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer's visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. b. Participate in Engineer's final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work. Lyman Spring M&C Improvements 00 73 00 - 8 April 2018 Bozeman, Montana Supplementary Conditions C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment(including"or-equal"items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work. S. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. [or] B.On this Project, by agreement with the Owner, Engineer will not furnish a Resident Project Representative to represent Engineer at the Site or assist Engineer in observing the progress and quality of the Work.[See explanatory text at beginning of SC-9.13, and at beginning of SC-10.03,for discussion of this second alternative SC-10.03.B] ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK SC-13.01 Cost of the Work SC 13.01.B.5.c Delete Paragraph 13.01.13.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the Equipment Watch Cost Recovery(Rental Rate Blue Book). An hourly rate will be computed by dividing the monthly rates by 176.These computed rates will include all operating costs.Costs will include the time the equipment or machinery is in use on the changed Work Lyman Spring M&C Improvements 00 73 00-9 April 2018 Bozeman, Montana Supplementary Conditions and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work.The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than$1,000 will be considered small tools. SC-13.03 Unit Price Work SC 13.03.E Delete Paragraph 13.03.E in its entirety and insert the following in its place: E. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. if the extended price of a particular item of Unit Price Work amounts to 5 percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than 15 percent from the estimated quantity of such item indicated in the Agreement;and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if Contractor believes that Contractor has incurred additional expense as a result thereof, Contractor may submit a Change Proposal, or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, Owner may make a Claim, seeking an adjustment in the Contract Price. ARTICLE 15—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD SC-15.03 Substantial Completion SC 15.03.13 Add the following new subparagraph to Paragraph 15.03.13: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re-inspection or re-testing, including the cost of time, travel and living expenses,shall be paid by Contractor to Owner. If Contractor does not pay,or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. ARTICLE 17—FINAL RESOLUTION OF DISPUTES SC-17.02 Add the following new paragraph immediately after Paragraph 17.01. SC-17.02 Arbitration A. All matters subject to final resolution under this Article will be decided by arbitration in accordance with the rules of [insert name of selected arbitration agency], subject to the conditions and limitations of this paragraph. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. Lyman Spring M&C Improvements 00 73 00- 10 April 2018 Bozeman, Montana Supplementary Conditions B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider, and a copy will be sent to Engineer for information. The demand for arbitration will be made within the specific time required in this Article,or if no specified time is applicable within a reasonable time after the matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such matter in question would be barred by the applicable statute of limitations. The demand for arbitration should include specific reference to Paragraph SC-17.02.13 below. C. No arbitration arising out of or relating to the Contract shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, and Engineer's consultants and the officers, directors, partners, agents, employees or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration;and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s)shall be consistent with the agreement of the parties, in writing, and include a concise breakdown of the award, and a written explanation of the award specifically citing the Contract provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof,and it will not be subject to modification or appeal,subject to provisions of the Laws and Regulations relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SUPPLEMENTARY CONDITIONS Lyman Spring M&C Improvements 00 73 00 - 11 April 2018 Bozeman, Montana Supplementary Conditions DIVISION 01 GENERAL REQUIREMENTS ,Y�, Res SECTION 01 11 13 WORK COVERED BY CONTRACT DOCUMENTS PART GENERAL 1.01 SUMMARY A. This Section includes: 1. Project Description. 2. Contracts. 3. Completion Dates. 4. Reference Standards. 5. Coordination of Contract Documents. 6. Coordination of Existing Conditions. 7. Fines. 8. Restocking. 1.02 PROJECT DESCRIPTION A. The Work Generally consists of furnishing all labor, skill, equipment, and construction materials to complete Lyman Spring Junction Box Monitoring and Controls Improvements in accordance with the plans and specifications. Specific tasks include: 1. Install a level transducer in the Lyman Spring Junction Box. 2. Install a solar array, battery pack, and PLC control panel with a 900 MHz radio transmitter near the existing Pressure Reducing Vault No. 1 (Lyman transmission line). This work includes a concrete foundation for the array, and a concrete pad for the battery pack enclosures and PLC control panel. 3. Install a level transducer in the Lyman Creek Parshall flume. 4. Install one, approximately 2,000 foot run of 4-20 mA cable loop from the level transmitter in the Lyman Spring Junction Box to the PLC control panel. Cable shall be direct-buried generally over the Lyman transmission pipeline alignment and final length of cable to be field verified by the Bidder. 5. Install one, approximately 2,900 foot run of 4-20 mA cable loop from the level transmitter in the Parshall flume on lower Lyman Creek to the PLC control panel. Cable loop installation shall be by direct burial method and final length of cable to be field verified by the Bidder. 6. The level transducers and radio will use 24V direct current (DC) power. Install a 48V DC battery pack in an enclosure next to the PLC and solar array. 7. Install 900 MHz radio and antennae at the Lyman Treatment Plant. The level signals will be transmitted to an SLC 500 existing at the Lyman Water Treatment Plant. 8. All PLC programming to be provided by Others. Lyman Spring M&C Improvements 01 11 13 - 1 March 2018 Bozeman, Montana Work Covered by Contract Documents 1.03 CONTRACTS A. Contract No. 1 —General Construction 1. Contract between Owner and Contractor for Construction Contract (Stipulated Price) to complete all Work as specified and indicated in the Contract Documents, Perform Work of Contract under the Stipulated Price Contract with Owner. B. The Contractor shall not commence work until proper execution of the contract and written authorization to proceed has been issued by the Owner. Proper execution of the contract shall include all surety bonds and insurance requirements. C. The division of work as made by the specifications and contract drawings is for the purpose of specifying work which is required. There is no attempt to make classification according to trades or any agreements, which may exist between contractors or subcontractors and trade unions. Classification of the work shall be the Contractor's responsibility. D. The location of work under these contract documents is located on property of the Owner or easements obtained by the Owner, as shown on the contract drawings. 1.04 COMPLETION DATES: A. Contract No. 1 — General Construction 1. Substantial Completion: As stated in the Agreement 2. Ready for Final Payment: As stated in the Agreement 3. Liquidation Damages for this project are as indicated in the Agreement between Owner and Contractor on the Basis of Lump Sum or Stipulated Price. 4. Completion dates consider work sequencing required to keep facility operational and that winter construction shall be required. Contractor shall include in their Guaranteed Maximum Price all necessary requirements for sequencing and winter construction to meet the completion dates. 5. Liquidation Damages for this project are as indicated in the Standard Contract between Owner and Contractor. 1.05 REFERENCE STANDARDS A. For products specified by association or trade standards, comply with requirements of the standard, except when requirements that are more rigid are specified or are required by applicable codes. B. The date of the standard is that in effect as of the bid date, or date of Owner- Contractor Agreement when there are no bids, except when a specific date is specified. C. Obtain copies of standards when required by contract documents. Maintain copy at job site during progress of the specific Work. Lyman Spring M&C Improvements 01 11 13 - 2 March 2018 Bozeman, Montana Work Covered by Contract Documents 1.06 COORDINATION OF CONTRACT DOCUMENTS A. Coordinate work of the various Sections of Specifications to assure efficient and orderly sequence of installation of construction elements, with provisions for accommodating items installed later. B. Verify characteristics of elements of interrelated materials are compatible; coordinate work of various Sections having interdependent responsibilities for installing, connection to, and placing in service, such materials. C. The Drawings indicate required sizes and the general arrangement for major equipment. Layout and arrangement for certain other equipment shall be in conformance to the equipment items furnished. Locations shall be verified in the field by the Contractor. In the event it should become necessary to change the location of the work due to interference with other work, the Contractor shall request written permission from the Engineer before making changes, and such changes shall be made without added cost to Owner. D. The final location of required equipment shall be coordinated to meet the requirements and recommendations of the equipment manufacturer and shall be subject to the approval of the Engineer. E. Install no work that directly connects to equipment until such time as complete shop drawings of said equipment have been reviewed and approved by the Engineer. F. Discrepancies discovered before or after work has started shall be brought to the attention of the Engineer immediately, and the Engineer reserves the right to require minor changes in the work of Contractor to eliminate such discrepancies. 1.07 COORDINATION OF EXISTING CONDITIONS A. Data on subsurface conditions are made available for convenience of Contractor and are not intended as representations or warranties of accuracy or continuity between soil borings. B. It is expressly understood that the Owner will not be responsible for interpretations or conclusions drawn by Contractor from subsurface data. C. Locate existing underground utilities in areas of work. Provide adequate means of support and protection during operations for utilities that are to remain in place. D. The locations of the utilities shown on the Drawings cannot be guaranteed. Contractor shall determine exact location of utilities. Should uncharted or incorrectly charted piping or other utilities be encountered, consult utility owner immediately for directions. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. E. Do not interrupt existing utilities except when permitted in writing by Engineer and then only after acceptable temporary utility services have been provided. Lyman Spring M&C Improvements 01 11 13- 3 March 2018 Bozeman, Montana Work Covered by Contract Documents F. Take and verify dimensions of existing structures and equipment required for the proper fabrication and installation of new equipment. 1.08 WORK UNDER OTHER CONTRACTS A. The Owner reserves the right to award additional contracts which may affect operation of the Contractor. B. Work is scheduled in the property along Lyman Creek Road near the Lyman Spring Water Treatment Plant. For further information regarding this work, contact Engineer. 1.09 FINES A. In the event the Owner is fined by the Montana Department of Environmental Quality as a result of the Contractor's actions or lack of actions, the Owner will deduct from payment, due the Contractor, corresponding amounts to cover the cost of such fines, including the costs of related engineering and legal fees. 1.10 RESTOCKING A. There will be no additional compensation made to Contractor due to restocking charges for materials not used on the project. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 11 13 -4 March 2018 Bozeman, Montana Work Covered by Contract Documents SECTION 01 11 16 WORK BY OWNER PART GENERAL 1.01 SUMMARY A. This Section includes: 1. Work By Owner. 2. Instrumentation and Control Responsibilities of Contractor and Work by Programmer 1.02 WORK BY OWNER A. Engineer shall provide reference points and stake construction limits for the Project one time. 1. Establish construction limits and easement area boundaries, as applicable to the Project. 2. Establish Site benchmarks for use by Contractor as vertical elevation references. B. All other surveying and staking required for the Project shall be performed by the Contractor as needed for construction. Contractor shall preserve stakes established by the Owner. Re-staking, if necessary, shall be at Contractor's expense. C. Owner will provide control system programming for the Project. Contractor shall coordinate control system Work with the Programmer and allow ample time for completion of required control system, check-out, programming, and start-up and training services to meet Contractor's Substantial and Final Completion dates. 1.03 INSTRUMENTATION AND CONTROL RESPONSIBILITIES OF CONTRACTOR AND WORK BY PROGRAMMER A. The following work is considered the responsibility of the Contractor: 1. Contractor shall provide all equipment for control panels, provide layout, wiring, and interconnect Drawings for control panels, fabricate and ship the control panels, mount control panels, and terminate all devices, power, and network cable in control panels. All Drawings shall be in AutoCAD 2012 or newer format and delivered to Programmer and Engineer in hard and electronic formats. 2. Contractor shall provide and install all instrumentation devices. If any devices fail to operate correctly, it will be the Contractor's responsibility to repair or replace the device or otherwise correct the deficiencies, including any additional supplier setup, calibration, or on-site services related to each defective device. 3. Contractor shall provide Programmer with assistance during the instrumentation and control device check out. Check out is to occur upon completion of installation of the devices. Lyman Spring M&C Improvements 01 11 16 - 1 April 2018 Bozeman, Montana Work By Owner 4. Contractor shall furnish and install all cable and connectors for control system communications network and computer network. 5. Contractor shall furnish and deliver to Programmer, all required additional software not provided with the computer. Timing and delivery of the software shall be coordinated with Engineer. 6. Contractor shall furnish to the instrumentation manufacturer all information required for factory calibration and scaling. 7. Contractor shall be responsible for field calibration, scaling, and "zeroing" of instrumentation. 8. Contractor shall notify Programmer upon completion of fabrication of the control panels, so that Programmer can conduct a test of the panel wiring at the factory. Contractor will provide temporary power and interconnect wiring between panels, as they will be installed. Contractor will provide assistance to Programmer for the entire period of the test. 9. Contractor shall certify the integrity of all communication systems prior to termination in the control panel. 10. Contractor shall provide training to Owner regarding operation and maintenance of instrumentation devices. 11. Contractor shall be responsible for the warranty for all equipment provided and installed by the Contractor. 12. Contractor shall verify that all equipment operates properly in a manual mode, before Owner attempts to place into automatic operation. B. The following work is by Programmer: 1. Installation and setup of instrumentation programming and communications. 2. Installation and setup of any additional software that is not pre-installed with the computer. 3. Control panel wiring test at the factory before panels are shipped to the Owner. Verification that all system components are functioning properly and that all terminations are correct. 4. Assist with device checkout at the WTP to verify proper communications and terminations. Contractor will provide assistance to Programmer for the entire period of the test. 5. Verification of proper operations of all instrumentation and control devices and communication systems upon completion of Contractor's installation. If any devices fail to operate correctly, it will be the Contractor's responsibility to repair or replace the device or otherwise correct the deficiency, including any additional supplier setup, calibration, or on-site services related to each defective device. 6. Determination of hardware and software problems. 7. Provide all PLC, HMI, SCADA, and database programming and training. 8. Performing radio system tests, should any be deemed necessary. Lyman Spring M&C Improvements 01 11 16 - 2 April 2018 Bozeman, Montana Work By Owner PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 11 16- 3 April 2018 Bozeman, Montana Work By Owner SECTION 01 14 00 WORK RESTRICTIONS PART GENERAL 1.01 SUMMARY A. This Section includes: 1. Contractor Use of Site and Premises. 2. Owner Occupancy Requirements. 3. Access Maintenance. 1.02 CONTRACTOR USE OF SITE AND PREMISES A. Limit use of Site and premises to allow: 1. Owner occupancy. 2. Work by Others. B. Coordinate performance of all Work with Owner operations. C. Coordinate use of premises under direction of Engineer. Contractor shall confine . construction equipment, storage of materials and equipment and operations of workmen to areas permitted by law, ordinances, permits, or requirements of Contract Documents, and shall not unreasonably encumber premises with construction equipment or other materials or equipment. D. Assume full responsibility for the protection and safekeeping of products under this Contract, stored on the site. E. Move any stored products, under Contractor's control, which interfere with operations of the Owner. F. Construction personnel may park only in areas designated by the Owner. G. Obtain and pay for use of storage or work areas needed for operations. H. Contractor shall notify and coordinate with Police Department, Fire Department, and Hospital/Ambulance Services. Notice shall include work schedule as construction proceeds, when work affects or obstructs intersections and streets, and when work is completed or suitable access is available in streets and intersections. I. Contractor shall provide the name, address, and telephone number of person who has access to equipment and is authorized to make emergency repairs to Contractor's work, such as to correct trench cave-ins, move excavated material, and correct other problems during weekends and off-work hours, so access can be maintained for firefighting equipment, and to maintain barricades for public safety. Lyman Spring M&C Improvements 01 14 00 - 1 April 2018 Bozeman, Montana Work Restrictions J. The Contractor must be satisfied through personal examination of the Site(s) as to all local conditions affecting their performance of the Contract. The Contractor is deemed to accept such conditions as found to exist. K. The Contractor shall preserve all monuments, benchmarks, reference points, and stakes. In case of destruction thereof,the Contractor will be charged with expense of replacement and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or benchmarks which must be removed or disturbed shall be protected until properly referenced for relocation. The Contractor shall furnish materials and assistance for the proper replacement of such monuments or benchmarks. L. Damaged Property: 1. Patch and or clean existing improvements and restore damage of property on, or adjacent to the Site(s) occasioned by the Work, including but not limited to, lawns, walks, driveways, roadways, curbs, pavements, structures, and utilities which are cut or damaged by operations and are not designated for removal, relocation, or replacement in the course of construction. 2. If any direct or indirect damage is done to public or private property resulting from any act, omission, neglect, or misconduct, the Contractor shall restore the damaged property to a condition equal to that existing before the damage at no additional cost to the Owner. Repair, rebuild, or restore property as directed or make good such damage in an acceptable manner. 3. Provide written acceptance of restoration by authority or Owner. M. Existing Facilities: 1. The Contractor shall take all necessary field measurements affecting all existing construction, wiring, and equipment in this Contract and shall be solely responsible for proper fit between all Work under the Contract and existing structures and equipment. 2. Dimensions given on the drawings related to existing structures are based upon existing construction record drawings and it shall be the responsibility of the Contractor to verify the accuracy of all dimensions shown for existing structures, piping, and equipment. Any discrepancies shall be brought to the attention of the Engineer prior to the start of new construction or ordering of any materials. Contractor shall be responsible for any materials ordered that will not fit due to the failure to verify any discrepancies of existing structures, piping, and equipment prior to the start of new construction. N. Existing Utilities: 1. Existing underground utilities, as shown on the drawings, are located in accordance with available data but locations shall be determined by the Contractor prior to beginning construction. A utility locate is required prior to any excavation. 2. Contractor shall protect all existing utilities and provide temporary removal and replacement or relocation as required for completion of the Work in the contract documents. No additional payment shall be made for this work. Lyman Spring M&C Improvements 01 14 00 - 2 April 2018 Bozeman, Montana Work Restrictions 3. Existing utilities not shown on the drawings and requiring relocation shall be exposed by the Contractor without damage. If damaged, the Contractor shall bear the responsibility and cost of repair or replacement. O. Environmental Resources: 1. Protect environmental resources within the project boundaries and those affected outside the limits of permanent work during the entire period of this Contract. Confine activities to areas defined by the contract documents. 2. Prior to construction, identify all land resources to be preserved within the work area. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, top soil, and land forms without permission from the Owner. Do not fasten or attach ropes, cables, or guys to trees for anchorage unless specifically authorized, or where special emergency use is permitted. 3. Protect trees, shrubs, vines, grasses, land forms, and other landscape features shown on the drawings to be preserved by marking, fencing, or using other approved techniques. 4. The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of the Contractor's activities. Maintain temporary erosion and sediment control measures such as fencing, berms, dikes, drains, sedimentation basins, grassing, and mulching, until permanent drainage and erosion control facilities are completed and operative. 1.03 OWNER OCCUPANCY REQUIREMENTS A. Owner will occupy and utilize the existing WTP during entire period of construction and shall operate the WTP as required to meet the demands of its customers at all times. Ensure that portions of Work undertaken can be completed to meet this requirement. Cleanliness is crucial and the Contractor shall maintain a clean and orderly site at all times. B. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. Schedule all Work to accommodate this requirement. No interruption will be permitted which adversely affects the degree of service the Owner provides. Contractor shall provide temporary facilities and make temporary modifications as necessary to keep the facilities in operation during the construction period. C. Pre-plan, schedule, coordinate, and stage for required materials, manpower, contractors, subcontractors, etc. to complete critical elements of Work. D. Schedule and stage critical elements of Work so as to maintain maximum facility treatment capacity during construction. Coordinate, plan, and execute Work to minimize facility treatment capacity reduction and duration. E. Existing materials and equipment removed and not reused as part of the Work, and not identified elsewhere in the contract documents for salvage, shall be properly disposed of by the Contractor at no additional cost to Owner. Lyman Spring M&C Improvements 01 14 00 - 3 April 2018 Bozeman, Montana Work Restrictions 1.04 ACCESS MAINTENANCE A. Maintain suitable means of access for property owners abutting access roads involved in construction, except as specifically permitted otherwise by Owner. B. Whenever construction is stopped due to inclement weather, weekends, holidays, or other reasons, suitable access shall be provided for all property owners. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 14 00 -4 April 2018 Bozeman, Montana Work Restrictions SECTION 01 19 00 SPECIAL PROVISIONS PART GENERAL 1.01 GENERAL A. Contractor will also be responsible for payment of any legitimate claims made by other contractors working within the area who have incurred a loss as a result of Contractor's failure to complete the Work of this project by the specified completion date(s). 1.02 MISCELLANEOUS ITEMS A. Any miscellaneous items needed to complete the project per plans and specifications that are not listed as pay items shall be considered incidental to the contract and no direct compensation shall be made. 1.03 UTILITY LOCATION AND PROTECTION A. The General Contractor shall be responsible for coordinating with all utility companies for location of buried utilities prior to excavation. All measures necessary to locate and protect utilities during construction shall be taken. All damage to utilities resulting from construction activities shall be the sole responsibility of the Contractor performing the Work and be repaired at such Contractor's expense. B. All bracing for light/utility poles required during open excavations shall be coordinated by and the responsibility of the General Contractor. All costs of equipment, vehicles, personnel, or private service shall be incidental to the cost of the project. 1.04 EROSION CONTROL A. Measures (silt fence, drainage swales, bales, etc.) shall be established at the beginning of construction and maintained during the entire length of construction to control erosion. Before commencement of Work, an erosion control plan shall be prepared and submitted to and approved by the City of Bozeman Stormwater Program Manager (or his/her office) and prior to submittal to the Montana Department of Environmental Quality (MT-DEQ), if required. The erosion control plan shall be updated at the Construction Progress Meetings. Areas that are subject to severe erosion and/or sedimentation are to receive additional erosion control measures, as directed by Engineer. Failure to implement the controls and practices outlined, may result in violation of provisions of the Clean Water Act. Lyman Spring M&C Improvements 01 19 00 - 1 April 2018 Bozeman, Montana Special Provisions B. Contractor shall be responsible for maintenance of erosion and sediment resulting from construction within the project limits. All land-disturbing activities shall be coordinated and conducted so as to minimize the size of the area to be exposed at any one time and to minimize the time of exposure. All land- disturbing activities shall also be coordinated and conducted so as to minimize off-site sedimentation damage. C. Maintain temporary erosion control devices until final stabilization is in place and performing adequately. D. Contractor shall be responsible for obtaining the permit and meeting the requirements of the State MPDES General Storm Water Permit, if applicable. Current State General Storm Water Permit information including forms can be obtained from the MT-DEQ. E. Contractor shall be responsible for obtaining the permit and meet the requirements of the City of Bozeman's MPDES General Storm Water Permit. Current City General Storm Water Permit information including forms can be obtained from the City and MT-DEQ homepage. 1.05 CONSTRUCTION AND ENVIRONMENTAL DISTURBANCE REQUIREMENTS A. The minimum requirements are set forth by the MT-DEQ. They insure that minimal environmental degradation occurs as a result of construction or related work which has the potential to affect the waters of the State of Montana. All activities will be designed and implemented to restrict the losses or disturbances of soil, vegetative cover, and pollutants (chemical, physical, or biological) from site. 1.06 SITE CONDITIONS A. Contractor shall determine to Contractor's own satisfaction the nature and location of subsurface obstacles and the nature of soil and water conditions which will be encountered during the work. B. Contractor shall make arrangements for any additional soils investigation with Owner. C. No claim for additional payment will be accepted due to the nature of subsurface conditions in which the work is to be performed. 1.07 SURFACE WATERS A. All construction which directly or indirectly impacts aquatic systems will be managed to minimize impacts. All attempts will be made to prevent the contamination of water at construction sites from fuel spillage, lubricants, and chemicals, by following safe storage and handling procedures. Stream bank and stream bed erosion and disturbances will be controlled to minimize and/or prevent silt movement, nutrient upsurges, plant dislocation, and any physical, chemical, or biological disruption. The use of pesticides or herbicides in or near these systems is forbidden without approval from the appropriate governing agency. Lyman Spring M&C Improvements 01 19 00 - 2 April 2018 Bozeman, Montana Special Provisions 1.08 SOILS A. Prevent the erosion of exposed soil surfaces by inhibiting the movement of exposed particles and trapping sediment dams or berms, diversion dikes, hay bales as erosion checks, riprap, mesh or burlap blankets to hold soil during construction, and immediately establishing vegetative cover on disturbed areas after construction is completed. Fragile and sensitive areas such as wetlands, riparian zones, delicate flora, or land resources will be protected against compaction, vegetation loss, and unnecessary damage. 1.09 HAUL ROADS A. The Contractor shall take whatever steps are necessary to insure that no overloading is done by himself or his sub-Contractors. This will insure that no city, county, state or other restrictions are violated. It shall be the responsibility of the Contractor to familiarize himself with all local regulations before starting construction. Any road damaged by the Contractor shall be repaired to the original condition at the Contractor's expense, to the satisfaction of the Engineer. 1.10 PERMITS A. CONTRACTOR shall obtain such permits and licenses that are required for completion of the Work. 1.11 WARRANTY A. 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) 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. 1.12 SALVAGEABLE ITEMS A. Any items removed from the existing system under the terms of this contract shall remain the property of the City of Bozeman and shall be delivered to a site specified by the City of Bozeman. Should the City of Bozeman 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 work shall be at the Contractor's expense. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 19 00 - 3 April 2018 Bozeman, Montana Special Provisions SECTION 01 31 19 PROJECT MEETINGS PART GENERAL 1.01 SUMMARY A. Section Includes: 1. Preconstruction meeting. 2. Site mobilization meeting. 3. Progress meetings. B. Related Sections Include: 1. Section 01 10 00— Summary of Work. 2. Section 01 77 00—Closeout Procedures. 1.02 PRECONSTRUCTION MEETING A. Engineer will schedule a meeting at the Project Site after Notice of Award. B. Attendance required by 1. Contractor. 2. Contractor's superintendent. 3. Owner. 4. Engineer. 5. Major Sub-Contractor(s). C. Agenda: 1. Contract Forms and Conditions of the Contract. 2. Distribution of Contract Documents. 3. Submission of list of Sub-Contractors, list of Products, schedule of values, and progress schedule. 4. Designation of personnel representing the parties in Contract, and the Engineer. 5. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 6. Scheduling. 7. Use of premises by Owner and Contractor. 8. Procedures for testing. 9. Procedures for maintaining record documents. 10. Security and housekeeping procedures. 11. Owner's requirements and partial occupancy. D. Engineer will record minutes and distribute copies after meeting within fourteen (14) days to participants and those affected by decisions made. Lyman Spring M&C Improvements 01 31 19 - 1 April 2018 Bozeman, Montana Project Meetings 1.03 SITE MOBILIZATION MEETING A. Engineer and Owner will schedule a meeting at the Project Site prior to Contractor occupancy. B. Attendance required by: 1. Contractor(s). 2. Contractor's Superintendent(s). 3. Owner. 4. Engineer. 5. Major Sub-Contractor(s). C. Agenda: 1. Use of premises by Owner and Contractor. 2. Owner's requirements and partial occupancy. 3. Construction facilities and controls provided by Owner. 4. Temporary utilities provided by Owner. 5. Security and housekeeping procedures. 6. Procedures for testing. 7. Requirements for start-up of equipment. 8. Inspection and acceptance of equipment put into service during construction period. 9. Procedures for maintaining record documents. D. Engineer will record minutes and distribute copies after meeting within fourteen (14) days to participants and those affected by decisions made. 1.04 PROGRESS MEETINGS A. Engineer will: 1. Schedule and administer meetings at the Project site throughout progress of the Work at approximately 30%, 60%, and 90% completion or as deemed necessary by the Engineer. 2. Make arrangements for hosting meetings. B. Attendance required by: 1. Contractor(s) 2. Contractor(s) Job Superintendent. 3. Owner. 4. Engineer. 5. Major Sub-Contractors and suppliers. 6. Others as appropriate to agenda topics for each meeting. C. Agenda: 1. Review of Work progress. 2. Review minutes of previous meetings. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off-site fabrication and delivery schedules. Lyman Spring M&C Improvements 01 31 19 - 2 April 2018 Bozeman, Montana Project Meetings 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding Work period. 10. Coordination of projected progress. 11. Maintenance of quality and Work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. D. Engineer will record minutes and distribute copies within fourteen (14) days after meeting to participants and those affected by decisions made. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 31 19 - 3 April 2018 Bozeman, Montana Project Meetings SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Submittal Procedures. 2. Submittal Schedules 3. Construction Progress Schedules. 4. Proposed Products List. 5. Tabulation of Subcontractors. 6. Tabulation of Suppliers. 7. Product Data. 8. Shop Drawings. 9. Project Coordination Software. 10. Samples. 11. Test Reports. 12. Manufacturer's Certificates. 13. Manufacturer's Instructions. 14. Manufacturer's Field Reports. 15. Excessive Shop Drawing Reviews. 16. Prevailing Wage Compliance. 17. DBE Compliance. 18. Manufacturer's Certification of the Use of American Iron and Steel. 19. Contractor's Certification of the Use of American Iron and Steel. B. Related Sections include: 1. Section 01 23 00 —Alternates. 2. Section 01 45 00—Quality Control. 3. Section 01 77 00—Closeout Procedures. 4. Section 01 78 23—Operations and Maintenance Data. 1.02 SUBMITTAL PROCEDURES A. Transmit each submittal with Engineer accepted form. B. Sequentially number the transmittal form. Submit revised submittals with original number and a sequential alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate. D. Contractor shall completely review all submittal materials prior to submission to Engineer. Apply Contractor's stamp, signed or initials certifying that review, approval, verification of Products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. Lyman Spring M&C Improvements 01 33 00 - 1 April 2018 Bozeman, Montana Submittal Procedures E. Schedule submittals to expedite the Project, and deliver to Engineer at business address. Coordinate submission of related items. F. Engineer will attempt to complete a review of each submittal in a timely manner within 30 calendar days of receipt of each submittal. Failure of Engineer to review a submittal within the estimated review timeframe shall not be basis for the Contractor to request or receive additional Contract Price or Contract Time. G. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. Highlight and/or clearly designate specific product details and information so as to confirm product meets or exceeds Specifications. H. Provide space for Contractor and Engineer review stamps. I. When revised for resubmission, identify all changes made since previous submission. J. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. Clearly transmit Engineer review comments to suppliers and subcontractors as required to minimize product delivery errors and miscommunications. K. Submittals not requested will not be recognized or processed. L. Engineer will review submittals in order received unless Contractor requests, in writing, a revised order of review. A revision in order may add to the length of review time required for previously submitted submittals. M. Submittal of more than three major submittals per week may add to the required length of review time. Engineer shall notify Contractor of submittal review scheduling conflicts. 1.03 SUBMITTAL SCHEDULES A. Contractor shall submit a schedule of submittal dates for shop drawings, product data, and samples. B. The submittal schedule shall identify specification sections and anticipated submittal dates. Indicate any critical submittals and dates for Engineer's review. C. Provide decision dates for selection of finishes and samples. 1.04 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial schedule in duplicate within 15 days after date of Owner-Contractor Agreement. B. Revise and resubmit as required. Lyman Spring M&C Improvements 01 33 00 - 2 April 2018 Bozeman, Montana Submittal Procedures C. Submit revised schedules with each Application for Payment, identifying changes since previous version. Application for Payment will not be processed until updated construction schedule has been submitted. D. Prepare schedules as a horizontal bar chart with separate bar for each major portion of Work or operation, identifying first workday of each week as well as the proposed start and completion dates of each major portion of Work. E. Sheet Size: Minimum 11x17 inches. Larger sizes than 11x17 inches shall be in multiples of 8%x11 inches AND electronic file format capable of printing in 22x34 inches. F. Content 1. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. Indicate the early and late start, early and late finish, float dates, and duration. 2. Identify each item by Specification section number. 3. Identify Work of separate stages and other logically grouped activities. 4. Provide sub-schedules to define critical portions of the entire schedule. 5. Include conferences,and meetings in schedule. 6. Indicate estimated percentage of completion for each item of Work at each submission. 7. Provide separate schedule of submittal dates for shop drawings, product data, and samples, and dates reviewed submittals will be required from Engineer. Allow sufficient time for review by Engineer. Indicate decision dates for selection of finishes. 8. Coordinate content with schedule of values. G. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. H. Distribution 1. Distribute copies of reviewed schedules to Project Site file, Subcontractors, suppliers, and other concerned parties. 2. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in schedules. 1.05 PROPOSED PRODUCTS LIST A. Within fifteen (15) days after date of Owner-Contractor Agreement, submit list of major Products proposed for use, with name of manufacturer, trade name, and model number of each Product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.06 TABULATION OF SUBCONTRACTORS A. Contractor shall submit a complete list of subcontractors who will provide work on the project. Lyman Spring M&C Improvements 01 33 00 - 3 April 2018 Bozeman, Montana Submittal Procedures B. The submitted list shall include the following information for each subcontractor: 1. Name 2. Address 3. Type of work to be provided 4. Applicable specifications sections 5. Contact person C. Contractor's use of specific subcontractors shall be subject to the requirements included in the specifications. 1.07 TABULATION OF SUPPLIERS A. Contractor shall submit a list of suppliers who will provide materials, equipment, or components which are integral to the Work. B. The submitted list shall include the following information for each subcontractor: 1. Name 2. Address 3. Type of work to be provided 4. Applicable specifications sections 5. Contact person C. Contractor's use of specific suppliers for providing equipment, materials, or components shall be subject to the requirements of the specifications. 1.08 REQUESTS FOR INTERPRETATION A. Contractor shall submit in writing all requests for interpretation or for information regarding the Contract Documents on the form provided by the Engineer. B. Engineer does not guarantee that a response can be provided in the amount of time requested, but Engineer shall respond in writing to Contractor's request within a reasonable amount of time given the extent of the request for interpretation of information required. 1.09 PRODUCT DATA A. Submitted to Engineer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. B. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article above and for record document purposes described in Section 01 77 00. C. Primary method of submittals shall be by electronic format in PDF files through the project coordination software indicated below. D. Contractor shall also submit the number of copies that the Contractor requires, plus four(3) copies that will be retained by the Engineer. Lyman Spring M&C Improvements 01 33 00 -4 April 2018 Bozeman, Montana Submittal Procedures E. Mark each copy to identify applicable Products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. F. Indicate Product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service of functional equipment and appliances. 1.10 SHOP DRAWINGS A. Submitted to Engineer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. B. After review, produce copies and distribute in accordance with SUBMITTAL PROCEDURES article above and for record document purposes described in Section 01 77 00. C. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. D. Primary method of submittals shall be by electronic format in PDF files through the project coordination software indicated below. E. Contractor shall also submit the number of opaque reproductions that Contractor requires, plus four(3) copies that will be retained by Engineer. F. All shop drawings shall be submitted through the Contractor in accordance with the procedures outlined in this specification. Shop drawings received from anyone other than through the Contractor will not be reviewed. G. Shop drawings shall include data and technical drawings prepared specifically for this Project, including where required, but not limited to the following: 1. Fabrication drawings 2. Installation drawings 3. Shopwork manufacturing instructions 4. Templates or patterns 5. Coordination drawings 6. Schedules 7. Design calculations H. Shop drawings shall contain complete detail showing conformance with the Contract Documents and such other specified information as required, including but not limited to the following 1. Related work with applicable cross references 2. Physical configuration 3. Dimensional information, including any variations from actual conditions 4. List of materials 5. Structural construction and assemblies 6. Anchor bolt details showing type, size, embedment, and locations Lyman Spring M&C Improvements 01 33 00 - 5 April 2018 Bozeman, Montana Submittal Procedures 7. Machinery and equipment details 8. Auxiliary items to machinery and equipment 9. Protective coatings and factory finishes 10. Electrical information including motor sizes, wiring and circuit diagrams, and instrumentation 11. Testing results I. Detail all connections required to complete the work. J. Approval of shop drawings by Engineer shall not relieve the Contractor form responsibility of deviations from drawings or specification, unless deviations or changes have been brought to Engineer's attention at time of submission, nor shall it relieve the Contractor from responsibility for errors or omissions in shop drawings. 1.11 PROJECT COORDINATION SOFTWARE A. Engineer will be utilizing electronic project management software (NewForma) to receive, file, review, coordinate, and respond to submittals. Engineer will provide Contractor and up to five (5) employees of Contractor access to NewForma InfoExchange for online access to transmit submittals and perform other Construction Administration and Coordination tasks. Submittals (other than samples where physical submittals are necessary for Engineer to judge the conformance of product to relevant specifications sections) must be capable of electronic transfer and storage in a PDF file. B. Contractor shall perform submittals and project coordination through a construction management software system with Engineer. Software shall be either Newforma Project Center or other as approved by Engineer. Contractor shall use and keep the following information updated on the project coordination software: 1. Submittals 2. Requests for Information 3. Change Order 4. Schedule 5. Meetings 6. Photographs 7. Punch List 8. Project Personnel Directory 1.12 SAMPLES A. Submitted to Engineer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. B. After review, produce duplicates and distribute in accordance with SUBMITTAL PROCEDURES article above and for record document purposes described in Section 01 77 00. Lyman Spring M&C Improvements 01 33 00 - 6 April 2018 Bozeman, Montana Submittal Procedures C. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. D. Include identification on each sample, with full Project information. E. Submit the number of samples specified in individual Specification sections; one (1) of which will be retained by Engineer. F. Reviewed samples that may be used in the Work are indicated in individual Specification sections. G. Samples will not be used for testing purposes unless specifically stated in the Specification section. 1.13 TEST REPORTS A. Submit for the Engineer's knowledge as Contract Administrator or for the Owner. B. Submit test reports for information for the limited purpose of assessing conformance with information given and the design concept expressed in the Contract Documents. C. Retain one (1) copy of all test reports and results on-site in a location accessible to Engineer. 1.14 MANUFACTURER'S CERTIFICATES A. When specified in individual Specification sections, submit certification by the manufacturer, installation/application Subcontractor, or the Contractor to Engineer, in quantities specified for Product Data. B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. D. Manufacturer Certification with the Use of American Iron and Steel (if required). E. Contractor Certification with the Use of American Iron and Steel (if required). 1.15 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to Engineer for delivery to Owner in quantities specified for Product Data. B. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. Lyman Spring M&C Improvements 01 33 00 - 7 April 2018 Bozeman, Montana Submittal Procedures C. Refer to Section 01 45 00 - Quality Control, Manufacturers' Field Services article. 1.16 MANUFACTURER'S FIELD REPORTS A. Submit reports for the Engineer's benefit as Contract Administrator or for the Owner. B. Submit report in duplicate within 15 days of observation to Engineer for information. C. Submit the manufacturer's field reports for the limited purpose of assessing conformance with information given and the design concept expressed in the Contract Documents. 1.17 EXCESSIVE SHOP DRAWING REVIEWS A. The maximum number of submittal reviews for any one product or specification section shall be two (2). B. Compensation for third or subsequent reviews will be required as outlined below: 1. Owner will compensate Engineer for"additional services." 2. Owner will deduct amount of such compensation from payment to Contractor. 3. Engineer's compensation shall be at Engineer's standard hourly rates, plus reimbursable expenses at cost. 1.18 PREVAILING WAGE COMPLIANCE A. Projects requiring prevailing wage rates for Davis Bacon require submission of payroll records or Form WH-347, and Form WH-348, Statement of Compliance. 1.19 DBE COMPLIANCE A. Contractor shall meet all federal and state requirements. B. Within fifteen (15) days of award of the prime contract, copies of all small, minority, and women's business related sub-agreements between the prime contractor and first-tier subcontractors shall be submitted to the Owner. Subsequently, the prime contractor shall obtain and submit to the Owner a copy of all small, minority, and women's business related sub-tier contracts within fifteen (15) days after execution of same. C. During construction, the prime contractor shall identify the completion date and actual final dollar value of work completed pursuant to each small, minority, and women's business sub-agreement and sub-tier contract. Any and all changes in previously reported anticipated small, minority, and women's business utilization shall be reported to the Owner promptly, in writing, with appropriate documentation and reasons. D. In the event the prime Contractor fails to conform to its small, minority, and women's business obligations, it shall explain to the Owner, in writing, the reason Lyman Spring M&C Improvements 01 33 00 - 8 April 2018 Bozeman, Montana Submittal Procedures for non-utilization of the small, minority, and women's business. If there is non- utilization without good cause, the Owner will advise the Contractor, in writing, of corrective actions to be initiated. PART PRODUCTS NOT USED. PART 3 EXECUTION NOT USED. END OF SECTION Lyman Spring M&C Improvements 01 33 00- 9 April 2018 Bozeman, Montana Submittal Procedures SECTION 0145 00 QUALITY CONTROL PART GENERAL 1.05 SUMMARY A. Section includes: 1. Quality Assurance- Control of Installation. 2. Tolerances. 3. References and Standards. 4. Inspection and Testing Services. 5. Manufacturers' Field Services. B. Related Sections include: 1. Section 01 33 00— Submittal Procedures. 2. Section 01 75 00 —Starting and Adjusting. 1.06 QUALITY ASSURANCE - CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturer's instructions, including each step in sequence. C. Should manufacturer's instructions conflict with Contract Documents, request clarification from Engineer before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform Work by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on Contract Drawings, shop drawings, or as instructed by the manufacturer. G. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement. 1.07 TOLERANCES A. Monitor fabrication and installation tolerance control of Products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers'tolerances. Should manufacturers'tolerances conflict with Contract Documents, request clarification from Engineer before proceeding. C. Adjust Products to appropriate dimensions; position before securing Products in place. Lyman Spring M&C Improvements 01 45 00 - 1 April 2018 Bozeman, Montana Quality Control 1.08 REFERENCES AND STANDARDS A. For Products or workmanship specified by association, trade, or other consensus standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on date of Contract Documents, except where a specific date is established by code. C. Obtain copies of standards where required by product specification sections. D. Neither the contractual relationships, duties, nor responsibilities of the parties in Contract nor those of the Engineer shall be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.09 TESTING RESPONSIBILITIES A. Contractor's Responsibility: 1. Tests as required by the Contract Documents. All tests requiring the services of a laboratory to determine compliance with the Contract Documents shall be performed by an independent commercial testing laboratory acceptable to the Engineer. The laboratory shall be staffed with experienced technicians properly equipped, and fully qualified to perform the tests in accordance with the specified standards. 2. The Contractor shall provide the Engineer with a written schedule indicating dates for specific testing and inspection services to be performed. The schedule shall be updated as required to give the Engineer at least one week's advance notice. 3. The Contractor shall maintain a set of project record drawings that are updated daily that will be turned over to the Engineer at the completion of the project. 4. Bedding material and gravel road aggregates, gradations, Proctor density test, and quality control tests are to be provided by the Contractor at the Contractor's expense. 5. Concrete mix designs and aggregate quality tests are to be provided by the Contractor at the Contractor's expense. 6. The Contractor shall arrange for and pay for all tests required not specifically identified in 1.09.13 as being performed by the Engineer or provided by the Owner. B. Owner's Responsibility: The Owner shall provide the following services at no cost to the Contractor except as required for retests as defined in the Contract Documents: 1. The Engineer will periodically check compaction of backfill and base course using Proctor information supplied by the Contractor. These tests are only to determine if the material is generally complying with the Contract Documents. It is the responsibility of the Contractor to provide his own quality control and to ensure that this level of compaction is constant in all locations. Lyman Spring M&C Improvements 01 45 00 - 2 April 2018 Bozeman, Montana Quality Control C. Retesting Responsibility: 1. Where results of quality control prove unsatisfactory and do not indicate compliance with Contract Documents all costs associated with retesting is the Contractor's responsibility. 2. The costs for retesting of Owner responsible quality control shall be deducted from the Contract amount by supplemental agreement. 1.10 INSPECTION AND TESTING SERVICES A. Owner has appointed, employed, and will pay for specified services of an independent firm to perform testing, including those listed below and in the Statement of Special Inspections: 1. Concrete materials and mix designs. 2. Embedment and backfill materials. 3. All other tests and engineering data required for Engineer's review of materials and equipment proposed to be used in the Work. Contractor shall obtain Engineer's acceptance of the testing firms before having services performed, and shall pay all costs for these testing services. All costs for testing shall be incidental. B. The independent firm will perform tests and other services specified in individual specification sections and as required by the Engineer. C. Testing and source quality control may occur on or off the project site. Perform off-site testing as required by the Engineer or the Owner. D. Reports will be submitted by the independent firm to the Engineer and Contractor, in duplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. E. Contractor shall select independent testing agency qualified in accordance with referenced ASTM standards and that is acceptable to the Engineer, if required for certain types of testing. F. Comply with pertinent codes, regulations, and industry standards except when more stringent standards or tolerances are specified. G. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor as requested. 1. Notify Engineer and independent firm 48 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use. H. Testing does not relieve Contractor from performing Work according to contract requirements. I. Re-testing required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Engineer. Payment for re-testing will be paid by the Contractor. Lyman Spring M&C Improvements 01 45 00- 3 April 2018 Bozeman, Montana Quality Control 1.11 MILL TESTS A. Mill or shop tests shall be conducted and test reports submitted where this type of test is specified. B. Mill or shop tests shall be accomplished by the manufacturer or fabricator of the materials. Mill tests may be conducted by an independent testing laboratory. These tests shall be performed in accordance with applicable ASTM standards. 1.12 FACTORY TEST A. Factory tests of mechanical, and electrical equipment relative to performance, capacity, rating, efficiency, or other such requirements shall be conducted in the factory or shop for each item supplied when this type of test is specified. B. Factory testing shall be performed in accordance with applicable standards and test codes. C. Where factory tests are required or specified, reports of the test results shall be submitted to Engineer for approval prior to shipment. Contractor shall submit the number of test reports for approval required by the Contractor plus four(4) copies to be retained by the Engineer. D. Factory observation of fabrication procedures, materials used, and testing methods may be performed by a representative of the Owner or Engineer. Owner shall pay for factory observation. 1.13 MANUFACTURERS' INSTRUCTIONS A. Comply with manufacturer's instructions in full detail for storage, installation, assembly, installation, start-up, and adjustment. Contractor shall follow appropriate sequencing as recommended by manufacturer. B. Should manufacturer's instructions conflict with Contract Documents, Contractor shall request clarification from Engineer prior to proceeding. C. If required by individual product or equipment specification sections, Contractor shall submit manufacturer's printed instructions prior to assembly and installation. 1.14 MANUFACTURERS' CERTIFICATES A. Submit manufacturer's certificate indicating that equipment or products meet or exceed specified requirements where required in the individual specification sections. B. Certificates shall be submitted prior to shipment of equipment or products. 1.15 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site Lyman Spring M&C Improvements 01 45 00 -4 April 2018 Bozeman, Montana Quality Control conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment and other services as applicable, and to initiate instructions when necessary. B. Submit qualifications of observer to Engineer 30 days in advance of required observations. Observer subject to approval of Engineer. C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. D. Refer to Section 01 33 00. 1.16 QUALIFICATION TESTS A. Should a product, material, or method for assembly of unknown or questionable quality to the Engineer be proposed by the Contractor, additional tests may be required by the Engineer. B. Additional testing as required by the Engineer shall be used as a basis to establish acceptance or rejection. 1.17 LABORATORY TESTS A. Laboratory tests shall be conducted and test reports shall be submitted where this type of test is specified. All laboratory tests shall be made by an independent laboratory approved by the Engineer. These tests shall be performed in accordance with applicable ASTM standards. B. Laboratory tests may be witnessed by representatives of the Owner or Engineer. C. Submit two (2) copies of all laboratory tests to the Engineer for record. 1.18 PRODUCT FIELD TESTS A. Product field tests shall be set up and completed by the Contractor. Contractor shall provide all tools, equipment, instruments, personnel, and other facilities required for the completion of each test. B. Product field tests of mechanical systems, electrical systems, and similar facilities shall be conducted where this type of test is specified. C. Product field tests include the determination of performance, capacity, efficiency, function, tightness, leakage, and other special requirements. Product field tests shall be performed in accordance with applicable standards and test codes. D. Product field tests may be witnessed by representatives of Owner and Engineer. E. Submit two (2) copies of all product field tests to the Engineer for record. Lyman Spring M&C Improvements 01 45 00 - 5 April 2018 Bozeman, Montana Quality Control 1.19 MATERIALS FIELD TESTS A. Routine tests of materials incorporated into the Project will be performed by an independent testing laboratory arranged and paid for by the Owner and acceptable to the Engineer. B. Results of materials field testing shall be reported to the Engineer and Contractor. C. Material field tests may be witnessed by representatives of the Contractor, Owner, and Engineer, and such witnessing shall be paid for by the Owner. D. Contractor shall provide for at least two different certified gradation tests from each source of granular materials provided for the project site or one (1) sample from each 1,500 tons of finished product used. Certified gradation tests shall be done in accordance with ASTM C136 and be performed by the independent testing laboratory hired by the Contractor. E. Contractor shall provide at least two (2) different certified moisture-density relationship (compaction curve) tests from each source of materials provided to the project site. Certified moisture-density relationship tests shall be done in accordance with ASTM D698 and be performed by the independent testing laboratory hired by the Contractor. F. The following inspections and testing shall be conducted by the independent testing laboratory hired and paid for by the Owner and accepted by the Engineer with results being reported to the Contractor and Engineer. See Statement of Special Inspection for additional requirements of building codes. 1. Excavating, Filling, and Grading Soil Com action Testing: Item Requirement Test Method Frequency Footings/ 100 percent of ASTM D698 ASTM D6938 One (1) approved test per 50 Foundation maximum dry density +/- 3% If with a minimum of two (2) Subgrade for sands. approved density tests indicating soil bearing capacity as required per 8- inch lift. 2. Excavatin , Filling, and Gra ing Soil Material Testing: Item Parameter Test Method Frequency Building /Structure/ Standard Proctor ASTM D698 Two (2) per Source Roadway/ Landscape Fill / Subgrade Building /Structure/ Soil Classification ASTM D2487 One (1) per 10,000 CY Roadway/ of Material Landscape Fill/ Subgrade Lyman Spring M&C Improvements 01 45 00 - 6 April 2018 Bozeman, Montana Quality Control Item Parameter Test Method Frequency Building /Structure/ Sieve Analysis ASTM C136 One (1) per 10,000 CY Roadway/ of Material Landscape Fill / Sub grade Building /Structure/ Liquid & Plastic Limits ASTM D4318 One (1) per 10,000 CY Roadway/ of Material Landscape Fill/ Sub grade 1.20 COATINGS FIELD TESTS A. An independent testing company hired by the Contractor may provide testing of coatings and coating systems. Contractor shall pay for testing of coatings and coating systems PART2 PRODUCTS NOT USED PART 3 EXECUTION 3.05 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new Work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Verify that utility services are available, of the correct characteristics, and in the correct locations. 3.06 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. END OF SECTION Lyman Spring M&C Improvements 01 45 00 - 7 April 2018 Bozeman, Montana Quality Control SECTION 01 51 00 TEMPORARY UTILITIES PART GENERAL 1.01 SUMMARY A. Section Includes: 1. Temporary Electricity. 2. Temporary Lighting. 3. Fire Protection. B. Related Sections include: 1. Section 01 10 00— Summary of Work. 2. Section 01 52 00— Construction Facilities. 3. Section 01 53 00—Temporary Construction 4. Section 01 77 00— Closeout Procedures. 1.02 TEMPORARY ELECTRICITY A. By Electrical Contractor 1. Provide adequate temporary power supply equipment, wiring, and outlets to provide single-phase branch circuits for power and lighting. 1.03 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES A. By Contractor 1. Provide temporary lighting if necessary during construction. 2. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. 1.04 FIRE PROTECTION A. Contractor shall take all necessary care and precaution to ensure that no fire is started in Lyman Canyon. B. Contractor shall provide and maintain in working order throughout the entire construction period fire extinguishing equipment in each separate construction area. Fire extinguishing equipment shall be of adequate size, number, and capacity for the required areas in accordance with all applicable codes and satisfactory to the local Fire Marshall. C. Fire extinguishers shall be non-freeze type such as A-B-C rated dry chemical and be of the size and capacity required for each individual area. D. Contractor shall provide and maintain in working order fire extinguishing equipment within enclosed construction sheds and field offices. Lyman Spring M&C Improvements 01 51 00 - 1 April 2018 Bozeman, Montana Temporary Utilities 1.05 REMOVAL OF TEMPORARY UTILITIES A. Remove temporary utilities, equipment, and materials, prior to Final Application for Payment inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 51 00 - 2 April 2018 Bozeman, Montana Temporary Utilities SECTION 01 52 00 CONSTRUCTION FACILITIES PART GENERAL 1.01 SUMMARY A. Section Includes: 1. First Aid Facilities. 2. Sanitary Facilities. 3. Progress Cleaning and Waste Removal. 4. Removal of Construction Facilities. B. Related Sections include: 1. Section 01 10 00— Summary of Work. 2. Section 01 51 00—Temporary Utilities. 3. Section 01 53 00—Temporary Construction. 4. Section 01 55 29—Staging Areas. 5. Section 01 77 00—Closeout Procedures. 1.02 FIRST AID FACILITIES A. First aid facilities shall be provided and maintained by the Contractor in accordance with all federal, state, and local laws and regulations. 1.03 TEMPORARY SANITARY FACILITIES A. Contractor shall provide and maintain required facilities and enclosures. Existing facility use is not permitted. Provide from time of project mobilization to final completion. 1.04 PROGRESS CLEANING AND WASTE REMOVAL A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Collect and remove waste materials, debris, and rubbish from site weekly and dispose off-site. C. Contractor shall maintain site clean and free of obstructions that may cause injuries or otherwise prevent staff (Owner, Engineer, Contractors, etc.) from performing their job effectively. 1.05 REMOVAL OF CONSTRUCTION FACILITIES A. Remove temporary utilities, equipment, facilities, and materials, prior to Final Application for Payment inspection. B. Clean and repair damage caused by installation or use of temporary work. Lyman Spring M&C Improvements 01 52 00 - 1 April 2018 Bozeman, Montana Construction Facilities C. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 52 00- 2 April 2018 Bozeman, Montana Construction Facilities SECTION 0155 00 VEHICULAR ACCESS AND PARKING PART GENERAL 1.01 SUMMARY A. Section Includes: 1. Parking. 2. Access Roads. 3. Entrance Road. 4. Haul Routes. B. Related Sections include: 1. Section 01 10 00—Summary of Work. 2. Section 01 77 00—Closeout Procedures. 1.02 PARKING A. Contractor and personnel shall park all personal vehicles in the gravel area next to the Lyman Water Treatment Plant. B. Contractor shall maintain the surface of the gravel lot as necessary. 1.03 ACCESS ROADS A. Maintain access roads leading into Site and parking areas. B. Provide means of removing mud from vehicle wheels before entering streets and roads. 1.04 ENTRANCE ROAD A. Contractor shall maintain main site access road (upper Story Mill Road and Lyma Canyon Road) during duration of construction activities. B. Contractor shall minimize vehicles, traffic and trips into Lyman Canyon to the extent feasible. C. Contractor shall provide additional aggregate material as necessary to provide suitable driving surface during construction. D. Any aggregate surfacing restoration shall have a minimum compacted thickness of 6—inches. 1.05 HAUL ROUTES A. The Contractor shall take whatever steps are necessary to insure that no overloading is done and road restrictions are followed by all suppliers and Sub- Lyman Spring M&C Improvements 01 55 00 - 1 April 2018 Bozeman, Montana Vehicular Access and Parking contractors. This will insure that no city, county, state or other restrictions are violated. It shall be the responsibility of the Contractor to familiarize himself with all local regulations before starting construction. Any road damaged by the Contractor shall be repaired to the original condition at the Contractor's expense, to the satisfaction of the Engineer. 1.06 REMOVAL OF ACCESS FACILITIES A. Remove temporary facilities and materials, prior to Final Application for Payment inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing and permanent facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 55 00 - 2 April 2018 Bozeman, Montana Vehicular Access and Parking SECTION 01 55 29 STAGING AREAS PART GENERAL 1.01 SUMMARY A. Section Includes: 1. Staging Areas. 2. Stockpile Areas B. Related Sections include: 1. Section 01 10 00—Summary of Work. 2. Section 01 77 00—Closeout Procedures. 1.02 STAGING AREAS A. Contractor shall coordinate and utilize only areas within the construction limits for construction facilities, storage of materials and equipment, parking, and staging operations. B. The areas and grounds utilized shall be left clean and restored to original condition. C. Potential staging areas include the area near the Lyman Spring Water Treatment Plant, and on slope next to the future location of the solar array, battery banks and PLC. Contractor shall be responsible for coordination of construction, staging, and temporary stockpile activities. 1.03 STOCKPILE AREAS A. Contractor shall stockpile excess material from structure excavations in locations acceptable to Owner. B. No material or equipment shall be stockpiled that is capable of causing or contributing to a wildfire. C. Contractor shall make arrangements to stockpile materials within areas of the Construction limits. D. Contractor shall coordinate construction, staging, and stockpile activities with Owner. Owner shall not be responsible for any additional charges due to moving of staging and/or stockpile materials multiple times. E. Temporary and final stockpiles shall be maintained during construction and protected from erosion. F. The areas and grounds utilized shall be left clean and restored to original condition. Lyman Spring M&C Improvements 01 55 29 - 1 April 2018 Bozeman, Montana Staging Areas 1.04 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to prevent damage. C. Prohibit traffic from landscaped areas. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 55 29 - 2 April 2018 Bozeman, Montana Staging Areas SECTION 01 61 00 PRODUCT REQUIREMENTS PART GENERAL 1.01 SUMMARY A. Section includes: 1. Products. 2. Transportation and Handling. 3. Storage and Protection. 4. Product Options. 5. Substitutions. 6. Consumables for Startup and Initial Operation B. Related Sections include, but are not limited to: 1. Section 00 21 13— Instruction to Bidders. 2. Section 00 70 00— EJCDC-2002-General Conditions. 3. Section 00 73 00—Supplementary Conditions. 4. Section 01 45 00—Quality Control. 5. Section 01 78 23— Operation and Maintenance Data. 1.02 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re-use. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. C. Provide interchangeable components of the same manufacturer for components being replaced. 1.03 TRANSPORTATION AND HANDLING A. Transport and handle Products in accordance with manufacturer's instructions. B. Promptly inspect shipments to ensure that Products comply with requirements, quantities are correct, and Products are undamaged. C. Provide equipment and personnel to handle Products by methods to prevent soiling, disfigurement, or damage. 1.04 STORAGE AND PROTECTION A. Store and protect Products in accordance with manufacturers' instructions. B. Store with seals and labels intact and legible. Lyman Spring M&C Improvements 01 61 00 - 1 April 2018 Bozeman, Montana Common Product Requirements C. Store sensitive Products in weather tight, climate controlled, enclosures in an environment favorable to Product. D. For exterior storage of fabricated Products, place on sloped supports above ground. E. Provide bonded off-site storage and protection when site does not permit on-site storage or protection. F. Cover Products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of Products. G. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter. H. Provide equipment and personnel to store Products by methods to prevent soiling, disfigurement, or damage. I. Arrange storage of Products to permit access for inspection. Periodically inspect to verify Products are undamaged and are maintained in acceptable condition. 1.05 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any Product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications. C. Products Specified by Naming One or More Manufacturers with an option for an "Or Equal" or "Approved Equivalent' Manufacturer: Submit a request for the "or equal/approved equivalent'in accordance with the appropriate substitutions article of the General Conditions. D. Whether explicitly written or not explicitly written, "OR EQUAL" is implicitly listed as an "Approved Manufacturer"for any and all manufacturers listed in any and all specification sections or included herein or added by addendum or construction drawings, either included or added by addendum. PART2 PRODUCTS 2.01 UNIFORMITY A. For any type of similar equipment, i.e., motors, drive units, etc., provide equipment of the same manufacturer. B. Inform all subcontractors and suppliers of the selected manufacturers to ensure equipment uniformity. Lyman Spring M&C Improvements 01 61 00 - 2 April 2018 Bozeman, Montana Common Product Requirements 2.02 TOOLS A. For any equipment or equipment components requiring special tools, the Contractor shall supply the Owner with such tools to allow for the maintenance and removal/replacement of equipment components. 2.03 CONSUMABLES FOR STARTUP AND INITIAL OPERATION A. Provide Owner with all consumable items that are required during start-up and initial operation (30 days minimum). PART 3 EXECUTION 3.01 INSTALLATION A. Install all equipment in full compliance with the manufacturer's recommendations. B. Obtain services of qualified and approved factory representatives to install, check, and approve the installation of all equipment. C. Service representative: 1. Present for the start-up and initial operation of all equipment. 2. Certify in writing that: a. Equipment is properly installed and ready for operation. b. Equipment properly aligned. C. Unit is free from undue stress from connecting anchorage. d. Unit has operated at full load conditions. e. Unit has operated in full compliance with the project specifications and the manufacturer's recommendations. 3.02 OPERATIONS AND MAINTENANCE MANUALS. A. Operations and Maintenance Manuals for all equipment should be compiled and submitted in accordance with Section 01 78 23. END OF SECTION Lyman Spring M&C Improvements 01 61 00- 3 April 2018 Bozeman, Montana Common Product Requirements SECTION 01 73 29 CUTTING AND PATCHING PART GENERAL 1.01 SUMMARY A. This Section includes: 1. Requirements and limitations for cutting and patching of Work. B. Related Sections include: 1. Section 01 11 00—Summary of Work. 2. Section 01 33 00—Submittal Procedures. 3. Section 01 61 00—Common Product Requirements. 4. Individual Product Specification Sections: a. Cutting and patching incidental to Work of this Section. b. Advance notification to other Sections of openings required in Work of those Sections. 1.02 SUBMITTALS A. Submit written request in advance of cutting or alteration that affects: 1. Structural integrity of any element of Project. 2. Integrity of weather exposed or moisture resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight exposed elements. 5. Work of Owner or separate contractor(s). B. Include in request: 1. Identification of Project. 2. Location and description of affected Work. 3. Necessity for cutting or alteration. 4. Description of proposed Work and Products to be used. 5. Alternatives to cutting and patching. 6. Effect on work of Owner or separate contractor(s). 7. Written permission of affected separate contractor(s). 8. Date and time Work will be executed. PART2 PRODUCTS 2.01 MATERIALS A. Those required for original installation. B. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 01 61 00—Common Product Requirements. Lyman Spring M&C Improvements 01 73 29 - 1 April 2018 Bozeman, Montana Cutting and Patching PART 3 EXECUTION 3.01 EXAMINATION A. Examine existing conditions prior to commencing Work, including elements subject to damage or movement during cutting and patching. B. After uncovering existing Work, assess conditions affecting performance of Work. C. Understand and become familiar with required coating systems, application requirements, and spatial concerns, issues, and dimensions required to perform the Work. D. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A. Provide temporary supports to ensure structural integrity of the Work. Provide devices and methods to protect other portions of Project from damage. B. Provide protection from elements for areas that may be exposed by uncovering Work. C. Maintain excavations free of water. D. Verify that all materials are clean and free from defects. 3.03 CUTTING A. Execute cutting and fitting to complete the Work. B. Uncover work to install improperly sequenced Work. C. Remove and replace defective or non-conforming Work. D. Remove samples of installed Work for testing, when requested. E. Coordinate openings in the Work for penetration of mechanical and electrical Work. F. Employ original installer of new Work to perform cutting for weather exposed and moisture resistant elements, and sight-exposed surfaces. Employ experienced personnel or original supplier for applying specialized coating systems. G. Cut rigid materials, masonry, prestressed concrete, and concrete using masonry saw or core drill. Pneumatic tools not allowed without prior approval. Lyman Spring M&C Improvements 01 73 29 - 2 April 2018 Bozeman, Montana Cutting and Patching 3.04 PATCHING A. Execute patching to complement adjacent Work. B. Fit Products together to integrate with other Work. C. Execute Work by methods to avoid damage to other Work, and which will provide appropriate surfaces to receive patching and finishing. D. Employ original installer of new Work to perform patching for weather and moisture resistant elements, and sight-exposed surfaces. E. Restore Work with new Products in accordance with requirements of Contract Documents. F. Fit Work airtight and water tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. G. Maintain integrity of wall, ceiling, or floor construction; completely seal voids. H. Refinish surfaces to match adjacent finishes. For continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. I. Identify any hazardous substance or condition exposed during the Work to the Architect/Engineer for decision or remedy. 3.05 ALTERATION PROJECT PROCEDURES A. Materials: As specified in Product sections; match existing Products and Work for patching and extending Work. B. Employ skilled and experienced installer to perform alteration Work. C. Close openings in exterior surfaces to protect existing Work from weather and extremes of temperature and humidity. D. Remove, cut, and patch Work in a manner to minimize damage and to provide means of restoring Products and finishes to original or specified condition. E. Refinish existing visible surfaces to remain in renovated rooms and spaces, to renewed condition for each material, with a neat transition to adjacent finishes. F. Where new Work abuts or aligns with existing, provide a smooth and even transition. Patch Work to match existing adjacent Work in texture and appearance. G. When finished surfaces are cut so that a smooth transition with new Work is not possible, terminate existing surface along a straight line at a natural line of division and submit recommendation to Engineer for review. Lyman Spring M&C Improvements 01 73 29 - 3 April 2018 Bozeman, Montana Cutting and Patching H. Where a change of plane of 1/4 inch or more occurs, submit recommendation for providing a smooth transition; to Engineer for review request instructions from Engineer. I. Patch or replace portions of existing surfaces that are damaged, lifted, discolored, or showing other imperfections. J. Finish surfaces as specified in individual Product Sections. END OF SECTION Lyman Spring M&C Improvements 01 73 29 -4 April 2018 Bozeman, Montana Cutting and Patching SECTION 01 75 00 STARTING AND ADJUSTING PART GENERAL 1.01 SUMMARY A. Section includes: 1. Starting Systems. 2. Adjusting 3. Pre-functional Testing B. Related Sections include: 1. Section 01 45 00—Quality Control 2. Section 01 77 00— Closeout Procedures 3. Section 01 91 00 —Commissioning 1.02 QUALITY ASSURANCE A. Provide authorized and qualified manufacturer's representative to inspect, check, and approve equipment installation prior to start-up, at start-up and to assist with pre-functional testing. B. Authorized representative shall supervise placing equipment into operation. C. Prior to Functional Testing, provide written confirmation that systems have been tested, adjustments have been made, and equipment pre-functional testing is complete. Functional testing shall not commence until written approval of pre- functional testing is provided by Engineer. D. Provide access to equipment and systems. Operate systems at designated times and under conditions required. E. Contractor shall submit four(4) copies of written start-up report for each system or equipment item following each start-up and each pre-functional test. 1.03 SCHEDULING A. Contractor shall submit four (4) copies of start-up and pre-functional testing checklists at least 15 calendar days prior to proposed dates. List times and dates for each system or equipment item. Include names of Contractors and subcontractors personnel, manufacturer, and/or authorized representative proposed to perform services. Provide documentation to verify their qualifications. B. Contractor shall coordinate scheduling of start-up and pre-functional testing. Scheduling shall be subject to approval of Owner and Engineer. Lyman Spring M&C Improvements 01 75 00- 1 April 2018 Bozeman, Montana Starting and Adjusting C. Contractor shall notify Owner and Engineer of changes in scheduling at least five (5)days in advance prior to scheduled start-up of individual systems or equipment. Scheduling changes shall be subject to approval by Owner and Engineer. PART2 PRODUCTS NOT USED PART 3 EXECUTION 3.01 PREPARATION A. Inspect equipment for cleanliness and remove or clean foreign matter. B. Lubricate each piece of equipment according to manufacturer's instructions. Check alignment, drive rotation, equipment speed, control sequence, and other conditions which may cause damage. Provide adjustment as required. C. Confirm that equipment is properly anchored and supported. D. Confirm wiring to motors and controls are operational. E. Confirm that auxiliary systems are operational. F. Confirm that tests, meter readings, and specific electrical characteristics, including motor amperage agree with those specified. G. Confirm that control system is operational in automatic mode. H. Provide instruments required for testing, adjusting, and balancing operations. I. All costs associated with starting, testing, adjusting, and balancing equipment including power and fuel costs shall be responsibility of the Contractor. 3.02 START UP A. Provide services of an Experienced, Competent and Authorized Representative of Manufacturer for minimum of (8) hours. Additional starting services shall be provided if called for in individual specification sections. Representative shall, at a minimum, perform the following: 1. Inspect equipment covered by these Specifications. 2. Supervise any adjustments and installation checks. 3. Assist in start-up of equipment and operation checks and tests, including pre-functional testing. 4. Conduct manufacturer's recommended startup and checkout procedures. 5. Furnish Owner and Engineer with a written report prepared by equipment supplier certifying that equipment: a. Has been properly installed. b. Is in accurate alignment. C. Is free from an undue stress Lyman Spring M&C Improvements 01 75 00 - 2 April 2018 Bozeman, Montana Starting and Adjusting d. Has been operated under full load conditions and that it operated satisfactorily. 3.03 ADJUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation. 3.04 PRE-FUNCTIONAL TESTING A. Contractor shall develop pre-functional checklists with the start-up plans. B. A Pre-functional Checklist is required to be filled out for each item of equipment or other assembly specified to be commissioned. 1. No sampling of identical or near-identical items is allowed. 2. These checklists do not replace manufacturers' recommended startup checklists, regardless of apparent redundancy. 3. The following types of information will be gathered via the completed Checklist forms: a. Certification by installing contractor that the unit is properly installed, started up, and operating and ready for Functional Testing. b. Confirmation of receipt of each shop drawing and commissioning submittal specified, itemized by unit. C. Manufacturer, model number, and relevant capacity information; list information "as specified," "as submitted," and "as installed." d. Serial number of installed unit. e. List of inspections to be conducted to document proper installation prior to Functional Testing; these will be primarily static inspections and procedures; for equipment and systems may include normal manufacturer's start-up checklist items and minor testing. C. Contractor is responsible for filling out Pre-functional Checklists. Witnessing by the Engineer and/or Owner is not required unless otherwise specified. 1. Each line item without deficiency is to be witnessed, initialed, and dated by the actual witness; checklists are not complete until all line items are initialed and dated complete without deficiencies. 2. Checklists with incomplete items may be submitted for approval provided the Contractor attests that incomplete items do not preclude the performance of safe and reliable Functional Testing; re-submission of the Checklist is required upon completion of remaining items. 3. Individual Checklists may contain line items that are the responsibility of more than one installer; Contractor shall assign responsibility to appropriate installers or subcontractors, with identification recorded on the form. 4. If any Checklist line item is not relevant, record reasons on the form. 5. Contractor may independently perform startup inspections and/or tests, at Contractor's option. 6. Regardless of these reporting requirements, Contractor is responsible for correct startup and operation. 7. Submit completed Checklists to Engineer within two days of completion. Lyman Spring M&C Improvements 01 75 00- 3 April 2018 Bozeman, Montana Starting and Adjusting D. Pre-functional testing to be completed by Contractor to ensure equipment and systems integral to them are complete and ready for functional testing. Completed checklist shall contain language END OF SECTION Lyman Spring M&C Improvements 01 75 00-4 April 2018 Bozeman, Montana Starting and Adjusting SECTION 01 77 00 CLOSEOUT PROCEDURES PART GENERAL 1.01 SUMMARY A. Section Includes: 1. Closeout Procedures. 2. Substantial Completion 3. Final Completion 4. Certificate of Occupancy 5. Final Cleaning. 6. Project Record Documents. 7. Spare parts and Maintenance Products. 8. Warranties and Bonds. 9. Maintenance Service. B. Related Sections include: 1. Section 01 31 13— Project Coordination. 2. Section 01 75 00—Starting and Adjusting. 3. Section 01 78 23—Operation and Maintenance Data. 1.02 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Engineer's review. B. Provide submittals to Engineer that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. D. Owner will occupy all portions of the Project. 1.03 SUBSTANTIAL COMPLETION A. Prior to substantial completion, Contractor shall review Contract Documents for items which are not complete or need to be completed including submittal of all manuals, and testing reports. Contractor shall make a list of incomplete work, a value of the incomplete work, and reasons why work is incomplete. Contractor shall complete all items required to be completed as part of substantial completion. B. Contractor shall provide a written notice to Engineer that the work, or specific portions of the work, is substantially complete and ready for review. If there are any items remaining to be corrected or completed, Contractor shall submit a list of these items along with the notice of substantial completion. Along with the list of items the Contractor should provide a written explanation of why these items are not considered necessary for substantial completion. Lyman Spring M&C Improvements 01 77 00 - 1 April 2018 Bozeman, Montana Closeout Procedures C. Upon receipt of Contractor's notice of substantial completion, Engineer will proceed with inspection for substantial completion. D. Following the substantial completion inspection by the Engineer, Engineer will either prepare certificate of substantial completion, or notify the Contractor in writing that substantial completion has not been meant listing the various reasons. E. Contractor shall promptly complete the items required to meet substantial completion and submit a second notice of substantial completion to the Engineer. F. Engineer will review the work a second time to determine the status of substantial completion. G. When Engineer considers the project to be substantially complete, Engineer will prepare the preliminary certificate of substantial completion along with a substantial completion punch list of items to be completed prior to final payment. Engineer will deliver preliminary certificate and punch list to Owner and consider any objections by the Owner as provided in the Conditions of the Contract. H. Upon agreement by Owner and Engineer of substantial completion and punch list items, Engineer will execute and deliver to the Contractor and Owner a final certificate of substantial completion along with substantial completion punch list of items to be completed prior to final payment. I. A maximum of two (2) reviews of substantially complete work will be completed by Engineer and Engineer's subconsultants for any one portion of work under the Contract. Should a third or subsequent review be necessary, the following requirements will be met: 1. Owner will compensate Engineer for additional reviews. 2. Owner will deduct the amount of compensation paid to the Engineer for additional reviews from the payment to the Contractor. 3. Compensation shall be at Engineer's standard hourly rates plus actual cost of reimbursables. 1.04 FINAL COMPLETION A. Following substantial completion, Contractor shall complete remaining work and items to be corrected as part of substantial completion punch list as well as final cleaning and transferring site to Owner. B. When Contractor considers that all work is complete, Contractor shall provide written notice of final completion to Engineer. C. Following receipt of final completion certification, Engineer and Engineer's subconsultants shall review the work to verity that the requirements for final completion have been met. D. Upon review of work for final completion Engineer will either request the Contractor to make closeout submittals or will notify Contractor that the work is not complete with a list of incomplete or defective work. Lyman Spring M&C Improvements 01 77 00- 2 April 2018 Bozeman, Montana Closeout Procedures E. Contractor shall promptly take steps to correct all listed deficiencies and incomplete work before sending a second written notice of final completion certification to Engineer. F. If final completion was not met following first review, Engineer will review work a second time to determine if the requirements for final completion have been met. G. A maximum of two(2) reviews of final complete work will be completed by Engineer and Engineer's subconsultants for any one portion of work under the Contract. Should a third or subsequent review be necessary, the following requirements will be met: 1. Owner will compensate Engineer for additional reviews. 2. Owner will deduct the amount of compensation paid to the Engineer for additional reviews from the payment to the Contractor. 3. Compensation shall be at Engineer's standard hourly rates plus actual cost of reimbursables. H. When Engineer considers all work to be complete in accordance with the Contract Documents, Engineer shall request the Contractor to make closeout submittals. 1.05 FINAL CLEANING A. Execute final cleaning prior to final project assessment. B. Clean interior and exteriors surfaces; remove temporary labels, stains, and foreign substances, and polish transparent and glossy surfaces. C. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. D. Replace filters of operating equipment. E. Clean site; sweep paved areas, rake clean landscaped surfaces. F. Remove waste and surplus materials, rubbish, and construction facilities from the site. 1.06 PROJECT RECORD DOCUMENTS A. Maintain one set of the following record documents on-site; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed Shop Drawings, Product Data, and Samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling current and future reference by Owner and Engineer. Lyman Spring M&C Improvements 01 77 00 - 3 April 2018 Bozeman, Montana Closeout Procedures C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. F. Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Provide GPS survey during construction for horizontal and vertical locations of all underground utilities at connections, pull boxes, junction boxes, manholes, and other appurtenances. 4. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 5. Field changes of dimension and detail. 6. Details not on original Contract drawings. G. Submit documents to Engineer with claim for final Application for Payment. 1.07 SPARE PARTS AND MAINTENANCE PRODUCTS A. Provide spare parts, maintenance, and extra Products in quantities specified in individual specification sections. B. Deliver to Project site and place in location as directed by Owner; obtain receipt prior to final payment. 1.08 WARRANTIES AND BONDS A. Provide duplicate notarized copies. B. Execute and assemble transferable warranty documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble in D size three ring binders with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within 10 days after acceptance. Lyman Spring M&C Improvements 01 77 00 -4 April 2018 Bozeman, Montana Closeout Procedures 1.09 MAINTENANCE SERVICE A. Furnish service and maintenance of components during the warranty period. B. Examine system components at a frequency consistent with reliable operation. Clean, adjust, and lubricate as required. C. Include systematic examination, adjustment, and lubrication of components. Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component. D. Maintenance service shall not be assigned or transferred to any agent or Subcontractor without prior written consent of the Owner. 1.10 FINAL ADJUSTMENT OF ACCOUNTS A. Contractor shall submit a final statement of accounting to Engineer. Statement shall reflect all adjustments to the contract sum and include the following: 1. Original contract sum. 2. Additions and deductions resulting from: a. All previous change orders b. Allowances C. Unit prices d. Deductions for uncorrected work e. Penalties and bonuses f. Deductions for liquidated damages g. Deductions for multiple reviews h. Other adjustments 3. Total contract sum as adjusted. 4. Previous payments. 5. Sum remaining due. B. Engineer will prepare a final change order, reflecting approved adjustments to the contract sum which were not previously made by change orders. PART2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 77 00 - 5 April 2018 Bozeman, Montana Closeout Procedures SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART GENERAL 1.01 SUMMARY A. Section includes: 1. Quality Assurance. 2. Format. 3. Contents of Each Volume. 4. Manual for Equipment and Systems. 5. Instruction of Owner's personnel. 6. Submittals. 7. Asset Management Submittals. 8. Schedule of Submittals. B. Related Sections include: 1. Section 01 33 00—Submittal Procedures. 2. Section 01 45 00—Quality Control. 3. Section 01 77 00—Closeout Procedures. 1.02 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.03 FORMAT A. Prepare data in the form of an instructional manual. Arrange data in numerical format. 1. Binders: a. Commercial quality, 8-1/2 x 11 inch three D side ring binders with durable plastic covers. b. 2 inch maximum ring size. C. When multiple binders are used, correlate data into related consistent groupings. 2. Cover; Identify: a. Each binder with typed title OPERATION AND MAINTENANCE INSTRUCTIONS. b. Title of Project. / C. Subject matter of contents. d. Volume number. e. Year of construction. 3. Provide tabbed dividers for each separate product and system, with typed description of product and major component parts of equipment. B. Text: Manufacturer's printed data, or typewritten data on 24 pound paper. Lyman Spring M&C Improvements 01 78 23 - 1 April 2018 Bozeman, Montana Operation and Maintenance Data C. Drawings: Provide with reinforced punched binder tab. Bind in with text;fold larger drawings to size of text pages. Folded paper should be unfoldable without removal from binder. D. Contents: Prepare a Table of Contents for each volume, with each Product or system description identified, in three parts as follows: 1. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. 2. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. C. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. 3. Part 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Air and water balance reports. C. Certificates. d. Photocopies of warranties. e. Bonds. 1.04 CONTENTS OF EACH VOLUME A. Table of Contents: Provide title of Project; names, addresses, and telephone numbers of Engineer, Subconsultants, and Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For Each Product or System: List names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts. C. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. D. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. E. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. F. Warranties: Prepare and submit per Section 01 77 00. G. Bonds: Prepare and submit per Section 01 77 00. Lyman Spring M&C Improvements 01 78 23 - 2 April 2018 Bozeman, Montana Operation and Maintenance Data 1.05 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each Item of Equipment and Each System: Include description of unit or system, and component parts. Identify function, normal operating characteristics, and limiting conditions. Include performance criteria, with engineering data and tests, and complete nomenclature and model number of replaceable parts. B. Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications; typed C. Include color coded wiring diagrams as installed. D. Operating Procedures: Include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions. E. Maintenance Requirements: Include routine procedures and guide for preventative maintenance and troubleshooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide control diagrams by controls manufacturer as installed. K. Provide Contractor's coordination drawings, with color coded piping diagrams as installed. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage, and local sources of supply. N. Additional Requirements: As specified in individual Product specification sections. O. Provide a listing in Table of Contents for design data, with tabbed dividers and space for insertion of data. P. Electronic Copies: Compact discs (CD) OR USB drives shall be provided with all manuals in electronic format in a portable document format(*.pdf). The documents shall be placed as required under the appropriate tabs and labels as previously required for the compact disk. Each file shall be adequately labeled to identify the Lyman Spring M&C Improvements 01 78 23- 3 April 2018 Bozeman, Montana Operation and Maintenance Data contents without requiring the document to be opened. Additionally all files shall be named consistently and in a uniform system for cataloguing files. 1.06 INSTRUCTION OF OWNER PERSONNEL A. Before final inspection, instruct Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. B. For equipment requiring seasonal operation, perform instructions for other seasons within six months. C. Use operation and maintenance manuals as basis for instruction. Review contents of manual with personnel in detail to explain all aspects of operation and maintenance. D. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. 1.07 SUBMITTALS A. Submit electronic copy of preliminary draft or proposed formats and outlines of contents before Substantial Completion. Engineer will review draft and return one copy with comments. B. For equipment, or component parts of equipment put into service during construction and operated by Owner, submit documents within ten days after acceptance. C. Submit electronic copies of completed volumes fifteen (15) working days prior to final inspection. One (1) copy will be returned after final inspection, with Engineer comments. Revise content of all document sets as required prior to final submission. D. Submit four(4) sets of revised final volumes in final form within ten (10) days after final inspection. 1.08 ASSET MANAGEMENT SUBMITTALS A. Contractor shall submit additional information on equipment and asset l information in an excel spreadsheet. Engineer shall supply Contractor with the excel spreadsheet with equipment and tags and Contractor shall be responsible for coordinating with manufactures and vendors to fill out the spreadsheet for the equipment types and information indicated below. Information shall be provided for all process equipment, valves, gates, instruments, mechanical equipment, electrical equipment, hoists, and any other equipment deemed necessary to document by the Owner. Information shall include but not limited to: 1. Product Name & Model 2. Manufacturer Contact Information (Phone/Email/Address) 3. Supplier Contact Information (Phone/Email/Address) 4. Asset Cost Lyman Spring M&C Improvements 01 78 23-4 April 2018 Bozeman, Montana Operation and Maintenance Data 5. Asset Installation Cost 6. Warranty Expiration Date 7. Warranty Length 8. Instruments (Size/Accuracy/RangeNoltage/Current Output) 9. Electrical Equipment (KVA/Voltage/Phase/Horizontal Amps/Vertical Amps) 10. Heating Equipment (BTU Input/KW Input/AirflowNoltage/Phase/Wattage) 11. Ventilation Equipment (Vent Size/Design Air Flow/Drive Type/Fan Diameter) B. Contractor shall also provide preventative maintenance forms for specific maintenance requirements for pieces of equipment. The preventative maintenance forms shall include steps to take to perform maintenance and shall be provided in an electronic format in a form which can be input into an asset management system. Engineer shall supply contractor with a typical form and Contractor shall be responsible for filling out preventative maintenance forms for the equipment types specified above and coordinating with manufactures and vendors to fill out forms. C. Contractor shall supply an installed photo of all equipment in spreadsheet to be included in the asset management software system. D. Contractor shall coordinate RFID tags from equipment to integrate into the asset management system selected by the Owner. PART PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION Lyman Spring M&C Improvements 01 78 23 - 5 April 2018 Bozeman, Montana Operation and Maintenance Data SECTION 01 91 00 COMMISSIONING PART GENERAL 1.01 SUMMARY A. Requirements for functional testing, performance and operational testing, and commissioning of equipment and systems. B. Description of the commissioning process and responsibilities common to all parties. C. Commissioning, including Functional Tests, performance and operational testing, O&M documentation review, and training, is to occur after startup and initial checkout and be completed before Substantial Completion 1.02 SCOPE OF COMMISSIONING A. The following are to be commissioned: 1. Electrical Systems 2. Process Integration Equipment 3. Communications Equipment 4. Other equipment and systems identified elsewhere in Contract Documents as requiring commissioning. B. The commissioning process will be directed by the Contractor and monitored by the Engineer. C. Commissioning during the construction phase is intended to achieve the following specific objectives according to the Contract Documents: 1. Verify applicable equipment and systems are installed according to the manufacturer's recommendations and to industry accepted minimum standards and that they receive adequate operational checkout by installing contractors. 2. Verify and document proper performance of equipment and systems 3. Verify that O&M documentation is complete. 4. Verify that Owner's operating personnel are adequately trained. 1.03 RELATED REQUIREMENTS A. Section 01 75 00 - Starting and Adjusting B. Section 01 78 23 - Operation and Maintenance Manuals 1.04 SUBMITTALS A. Manufacturers' Instructions: Submit copies of all manufacturer-provided instructions that are shipped with the equipment as soon as the equipment is delivered. Lyman Spring M&C Improvements 01 91 00 - 1 April 2018 Bozeman, Montana Commissioning B. Product Data: If submittals to Engineer do not include the following, submit copies as soon as possible: 1. Manufacturer's product data, cut sheets, and shop drawings. 2. Manufacturer's installation instructions. 3. Startup, operating, and troubleshooting procedures. 4. Fan and pump curves. 5. Factory test reports. 6. Warranty information C. Startup Plans and Reports. D. Completed Checklists. E. Commissioning Plan. F. Commissioning Reports. 1.05 DEFINITIONS A. Commissioning Plan: An overall plan, developed in conjunction with Owner, Engineer, and Contractor, that provides the structure, schedule, and coordination planning for the commissioning process. B. Functional Tests (FT): Test of the dynamic function and operation of equipment and systems using manual(direct observation) and/or remote monitoring methods. Functional testing is the dynamic testing of systems (rather than just components) under full operations. Systems are tested under various modes, such as during low cooling or heating loads, high loads, component failures, unoccupied, varying temperatures, alarm, power failure, local/remote, etc. FTs are performed after pre- functional tests and startups are completed. C. Performance and Operational Testing (POT): Test of systems after written acceptance of the FT. The POT test period will be used to develop adequate process conditions to fully establish compliance with the performance requirements of the Contract Documents. Contractor shall supervise, control and be responsible for the operation and maintenance of equipment and systems during POT providing qualified and appropriately licensed personnel. PART2 PRODUCTS 2.01 TEST EQUIPMENT A. Provide all standard testing equipment required to perform startup and initial checkout and required Functional Testing; unless otherwise noted such testing equipment will not become the property of the Owner. B. Calibration Tolerances: Provide testing equipment of sufficient quality and accuracy to test and/or measure system performance with the tolerances specified. If not otherwise noted, the following minimum requirements apply: Lyman Spring M&C Improvements 01 91 00 - 2 April 2018 Bozeman, Montana Commissioning 1. Temperature Sensors and Digital Thermometers: Certified calibration within past year to accuracy of 0.5 degree F and resolution of plus/minus 0.1 degree F. 2. Pressure Sensors: Accuracy of plus/minus 2.0 percent of the value range being measured (not full range of meter), calibrated within the last year. 3. Calibration: According to the manufacturer's recommended intervals and when dropped or damaged; affix calibration tags or keep certificates readily available for inspection. C. Equipment-Specific Tools:Where special testing equipment,tools and instruments are specific to a piece of equipment, are only available from the vendor, and are required in order to accomplish startup or Functional Testing, provide such equipment, tools, and instruments as part of the work at no extra cost to Owner; such equipment, tools, and instruments are to become the property of the Owner. D. Dataloggers: Independent equipment and software for monitoring flows, currents, status, pressures, etc. of equipment. 1. Dataloggers required for Functional Tests will be provided by the Contractor and will not become the property of the Owner. PART 3 EXECUTION 3.01 COMMISSIONING PLAN A. Engineer, Owner, and Contractor will develop the Commissioning Plan. 1. Engineer to attend meetings called by the Contractor for purposes of completing the commissioning plan. 2. Require attendance and participation of relevant subcontractors, installers, suppliers, and manufacturer representatives. B. Contractor is responsible for compliance with the Commissioning Plan. C. Commissioning Schedule: 1. Submit anticipated dates of startup of each item of equipment and system to Engineer within 60 days after award of Contract. 2. Re-submit anticipated startup dates monthly, but not less than 4 weeks prior to startup. 3. Pre-functional Checklists and Functional Tests are to be performed in sequence from components, to subsystems, to systems. 4. Provide sufficient notice to Engineer for delivery of relevant Checklists and Functional Test procedures, to avoid delay. 3.02 STARTUP PLANS AND REPORTS A. Startup Plans: For each item of equipment and system for which the manufacturer provides a startup plan, submit the plan not less than 8 weeks prior to startup. B. Startup Reports: For each item of equipment and system for which the manufacturer provides a startup checklist (or startup plan or field checkout sheet), document compliance by submitting the completed startup checklist prior to startup, signed and dated by responsible entity. Lyman Spring M&C Improvements 01 91 00 - 3 April 2018 Bozeman, Montana Commissioning C. Submit directly to the Engineer. 3.03 FUNCTIONAL TESTS A. Functional Test is required for each item of equipment, system, or other assembly specified to be commissioned, unless sampling of multiple identical or near- identical units is allowed by the final test procedures. B. Contractor is responsible for execution of required Functional Tests, after completion of Pre-functional Checklist and before Substantial Completion. C. Engineer will witness Functional Tests, Contractor shall provide adequate notice to Engineer in advance of functional testing. D. Contractor is responsible for correction of deficiencies and re-testing at no extra cost to the Owner; if a deficiency is not corrected and re-tested immediately, the Engineer will document the deficiency and the Contractor's stated intentions regarding correction. 1. Deficiencies are any condition in the installation or function of a component, piece of equipment or system that is not in compliance with the Contract Documents or does not perform properly. 2. When the deficiency has been corrected, the Contractor completes the form certifying that the item is ready to be re-tested and returns the form to the Engineer; the Contractor will reschedule the test and the Contractor shall re-test. 3. Identical or Near-Identical Items: If 10 percent, or three, whichever is greater, of identical or near-identical items fail to perform due to material or manufacturing defect, all items will be considered defective; provide a proposal for correction within 2 weeks after notification of defect, including provision for testing sample installations prior to replacement of all items. 4. Contractor shall bear the cost of Owner and Engineer's personnel time witnessing re-testing. E. Functional Test Procedures: 1. Some test procedures are included in the Contract Documents; where Functional Test procedures are not included in the Contract Documents, test procedures will be determined by the Engineer and Contractor. 2. Traditional air or water test and balancing (TAB) is not Functional Testing; spot checking of TAB by demonstration to the Engineer is Functional Testing. F. Deferred Functional Tests: Some tests may need to be performed later, after substantial completion, due to partial occupancy, equipment, seasonal requirements, design or other site conditions; performance of these tests remains the Contractor's responsibility regardless of timing. 3.04 FUNCTIONAL TEST PROCEDURES—GENERAL A. Provide skilled technicians to execute starting of equipment and to execute the Functional Tests. Ensure that they are available and present during the agreed Lyman Spring M&C Improvements 01 91 00-4 April 2018 Bozeman, Montana Commissioning upon schedules and for sufficient duration to complete the necessary tests, adjustments and problem-solving. B. Provide all necessary materials and system modifications required to produce the flows, pressures, temperatures, and conditions necessary to execute the test according to the specified conditions. At completion of the test, return all affected equipment and systems to their pre-test condition. C. Manual Testing: Use hand-held instruments, immediate control system readouts, or direct observation to verify performance(contrasted to analyzing monitored data taken over time to make the "observation"). D. Simulating Conditions: Artificially create the necessary condition for the purpose of testing the response of a system; for example apply hot air to a space sensor using a hair dryer to see the response in a VAV box. E. Simulating Signals: Disconnect the sensor and use a signal generator to send an amperage, resistance or pressure to the transducer and control system to simulate the sensor value. F. Over-Writing Values: Change the sensor value known to the control system in the control system to see the response of the system;for example, change the outside air temperature value from 50 degrees F to 75 degrees F to verify economizer operation. G. Indirect Indicators: Remote indicators of a response or condition, such as a reading from a control system screen reporting a damper to be 100 percent closed, are considered indirect indicators. H. Monitoring: Record parameters (flow, current, status, pressure, etc.) of equipment operation using dataloggers or the trending capabilities of the relevant control systems; where monitoring of specific points is called for in Functional Test Procedures: 1. All points that are monitored by the relevant control system shall be trended by Contractor; at the Engineer's request, Contractor shall trend up to 20 percent more points than specified at no extra charge. 2. Other points will be monitored by the Contractor using dataloggers. 3. At the option of the Engineer, some control system monitoring may be replaced with datalogger monitoring. 4. Provide hard copies of monitored data in columnar format with time down left column and at least 5 columns of point values on same page. 5. Graphical output is desirable and is required for all output if the system can produce it. 6. Monitoring may be used to augment manual testing. 3.05 PERFORMANCE AND OPERATIONAL TESTING A. Contractor shall supervise, control, and be responsible for the operation and maintenance of the new equipment and/or system during a period of at least fifteen (15) days or until performance requirements are met, whichever is greater, after the written acceptance of the FT for each individual item that is placed into Lyman Spring M&C Improvements 01 91 00- 5 April 2018 Bozeman, Montana Commissioning operation. The Contractor shall remain responsible for making required changes, repairs and replacements to the installation during this period. Final written acceptance of the equipment shall not be given until after fifteen (15) days of continuous successful operation. B. The POT test period will be used to develop adequate process conditions to fully establish compliance with the performance requirements of the Contract Documents. Included in this requirement, but not limited to, are the following: C. During the POT, the Contractor shall provide supervisory and appropriately licensed personnel satisfactory to the Engineer. It is the intent that during the POT period, the Owner's personnel will become completely familiar with the operation and maintenance of the systems undergoing POT. D. During the POT, the Owner will arrange to have a complement of operating personnel available, and these operators will be paid by the Owner. 3.06 OPERATION AND MAINTENANCE MANUALS A. See Section 01 78 23 for additional requirements. B. Add design intent documentation furnished by Engineer to manuals prior to submission to Owner. C. 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LO o # cco o z cCO�I ` O o� �._ w w c6 om o W CDz UO50 v ❑a ❑ ❑ y J y z Q °U O U N F. CO N Sow -I zz co o> CV Z❑Q ZZ K aQ y... "I 0. Q CO a o 0 � z � w z w • p W v Ln V zw C7 z zoLO p Z M Ln J G X< c W Ln m E N N W m { CO If� L : Q L C}' Z OJ co N C N N U O L7 m C O E > C W C c CL m z c W W � o 0 Q U_ W m Q O W F � U z Z a r ❑ 5 Z w `c ZZ G f O Y Z V 2 6 W U ':U Q Q OW Qw zZ ZC ❑ O tiPy F z 'J } a W N� Vv to W z r T O W cP� W O Z. yz �a O O U B.'UulPllnB dLN•3�vlvoyS uvld�DvavinVyvoN4�olSyquEl.op IvuU OVQ�9(10-v LOL-L605muowozog�:m:ollj 9NVld:LnoArl Wd LS:fL:L BLOZ'v AaW'Avppd:o7v0 ypwSuvl:AS:DonvSln'i S LOZ'b AeW'A.ppj:.;v yGIPSu.l:AS:Dvyvld ADDENDUM NO . 1 I ADDENDUM NO. 1 May 23, 2018 TO PROJECT MANUAL & PROJECT DRAWINGS FOR LYMAN SPRING JUNCTION BOX MONITORING AND CONTROLS IMPROVEMENTS CITY OF BOZEMAN, MONTANA May 2018 This Addendum No. 1 forms part of the Contract Documents and modifies the original Bidding Documents as noted below. All provisions of the Contract Documents not in conflict with this Addendum shall remain in full force. Acknowledge receipt of this Addendum in the space provided on the Bid Form and on the outside of the Bid Envelope. Failure to do so may subject the Bidder to disqualification. This addendum consists of Two (2) pages and One (1) attachment. ATTACHMENTS The record drawings that are available for the alignment of the Lyman transmission main are attached to this Addendum No. 1. No guarantees are provided as to the accuracy of these drawings, they are for informational purposes only. The following documents are included as attachments to this Addendum No. 1: 9. Record drawings for the alignment of the Lyman transmission main CLARIFICATIONS 1. Do not use fax for bid modifications. Use the following email address, with a subject line clearly indicating that the contents are a bid modification to the Lyman Spring Junction Box M&C Improvements: agendaflbozeman.net. Modifications must conform to Article 16 of the Instructions to Bidders. 2. Shielded armored signal cable routing shall be flexible and coordinated with Owner's representative. a. Minimum depth shall be 12" minimum per Construction Note 1 on Sheet E2, unless presence of solid rock prohibits, whereupon minimum burial depth shall be coordinated with Owner's representative. b. Contractor may cross the road and/or transmission pipeline. c. Cable shall be protected by 1" SCH 80 PVC conduit through all road crossings or where burial depth is less than 12" due to presence of shallow bedrock. 3. Construction Note 3 on Sheet E9: a. Routing of UPS power and ethernet (both in 3/" RMC) shall be indoors, along same route as existing ethernet cable. Lyman Spring M&C Improvements ADD1 - 1 May 2018 Bozeman, Montana Addendum No. 1 4. Staging can be near the Lyman Treatment Plant, or inside the fences at the general location of the hexagon symbol #1 callout for Construction Note 1 on Sheet E2. 5. Solar equipment and mounting mast/column shall be supplied by a single-source/supplier per Construction Note 4 on Sheet E6. The Contractor may install the system in coordination with the system supplier. Testing of the assembly shall be by the System Supplier. 6. No SWPPP is required for the project as the total area of disturbance is less than one acre. 1. 7. Acceptable Control System Manufacturers: a. Wunderlich-Malec, Minnetonka, MN (952) 933-3222. b. Instrument Control Systems, Plymouth, MN (763) 559-0568. c. Integrated Process Solutions, Fosston, MN (218) 435-1703. d. Sweeney Controls, Fargo, ND (701) 232-3644 e. Woodhawk Controls, Coeur d'Alene, ID (208) 665-0015 f. Or"Approved Equal" CHANGES TO DRAWINGS E8 Replace Detail 3 Label on Sheet E8 with "LYMAN DIVERSION CONTROL PANEL JBOX ANTENNA MAST DETAIL". I hereby certify that this Addendum was prepared by me or under my direct supervision, and that I am duly registered as a Professional Engineer under the laws of the State of Montana. r-- Scott L. Buecker, PE Registration Number 40518 PE END OF ADDENDUM NO. 1 Lyman Spring M&C Improvements ADD1 - 2 May 2018 Bozeman, Montana Addendum No. 1