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HomeMy WebLinkAbout21- Omdahl Excavation - 2021 South 6th Ave. Reconstruction Project CONSTRUCTION SPECIFICATIONS
CONTRACT DOCUMENTS
FOR
THE CITY OF BOZEMAN
2021 SOUTH 6TH AVENUE RECONSTRUCTION PROJECT
MARCH
2021
lip
f � �
r
+.. Prepared By:
- City of Bozeman Engineering Division
amp
20 East Olive Street
yi P.O. Box 1230
Bozeman, MT 59771
Ph. (406) 582-2280
Fax(406) 582-2263
CITY OF BOZEMAN, MONTANA
2021 SOUTH 6TH AVENUE RECONSTRUCTION PROJECT
March 2021
TABLE OF CONTENTS
I
CONTRACT DOCUMENTS
Invitation to Bid
Instructions to Bidders
Bid Form
Bid Bond
Non-Discrimination Affirmation Form
Agreement Form
1 Payment and Performance Bonds
IStandard General Conditions of the Construction Contact
I Supplementary Conditions
1 Montana Prevailing Wage Rates
IStandard Forms
CONSTRUCTION SPECIFICATIONS
Special Provisions
IMeasurement and Payment
APPENDICES
Standard Drawings
Existing Manhole Log
CITY OF BOZEMAN,MONTANA
CALL FOR BIDS
NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for:
2021 South 6th Avenue Reconstruction Project
The City of Bozeman will receive online electronic sealed Bids for Construction of the 2021
South 6th Avenue Reconstruction Project until 2:00 p.m. (local time) on March 3111,
i 2021 and then publicly opened and read aloud.
Project Description: Reconstruction of South 6th Avenue from Babcock Street to Cleveland
i Street including: replacement of existing water mains, valves, fittings and appurtenances, sewer
mains and manholes, and storm drainage pipe, inlets and manholes; removing the existing road
section from curb to curb and constructing a new road section,new signage, spot replacement of
existing sidewalks, adjusting existing utilities to accommodate the new roadway,restoring
boulevards to pre-existing conditions and all related work incidental to construction.
For this project, bids will only be received and accepted via the online electronic bid service
l through QuestCDN. A contractor may view the contract documents at no cost prior to becoming a
Planholder. Project bid documents and addenda must be downloaded from QuestCDN, which will
add your company to the Planholder List and allow access to vBid online bidding, for the
submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu
on the City of Bozeman's Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The
I specific project can be found by referencing the eBidDoc number(eBidDoc#7619698). Complete
digital project bidding documents are available to download at www.questcdn.com, for a non-
refundable charge of$15.00. Bidders will be charged an additional fee of$50.00 to submit a bid
electronically. Contact QuestCDN Customer Support at 952-233-1632 or info@questcdn.com for
assistance in membership registration, downloading digital project information and vBid online
bid submittal.
There will be a Pre-Bid Conference via WebEx application at 10:00 a.m. on Wednesday,
March 17, 2021. Instruction on joining the meeting are listed below:
I
INVITATION TO BID
l Page 1 of 4
Join from the meeting link
https://cityofbozeman.webex.com/citvofbozeman/m.php?MTI D=m87e2Of28a58e3a2l ec0e60d81372494f
Join by meeting number
Meeting number (access code): 182 437 9127
Meeting password: NHmcbacS336
Tap to join from a mobile device(attendees only)
+1-650-479-3208„1824379127## Call-in toll number (US/Canada)
Join by phone
1-650-479-3208 Call-in toll number (US/Canada)
Join from a video system or application
Dial 1824379127(a�cityofbozeman.webex.corn
You can also dial 173.243.2.68 and enter your meeting number.
CONTRACTOR and any of the CONTRACTOR'S subcontractors bidding or doing work on this
project will be required to be registered with the Montana Department of Labor and Industry
(DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena,
Montana 59604-8011. Information on registration can be obtained by calling (406) 444-7734.
CONTRACTOR is not required to have registered with the DLI prior to bidding on this project,
but must have registered prior to execution of the Construction Agreement. All laborers and
mechanics employed by CONTRACTOR or subcontractors in performance of the construction
work shall be paid wages at rates as may be required by the laws of Gallatin County and the state
of Montana. The City of Bozeman is an Equal Opportunity Employer. Discrimination in the
performance of any agreement awarded under this project on the basis of race, color,religion,
creed, sex, age,marital status,national origin, or actual or perceived sexual orientation, gender
identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the
awarded entity's employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing 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 and which also recognizes the eventual contract will contain a
provision prohibiting discrimination as described above and that this prohibition on discrimination
shall apply to the hiring and treatment of the submitting entity's employees and to all subcontracts.
In addition,pursuant to City Commission Resolution 5169,the entity awarded a contract under this
project and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA(the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the
State of Montana Equal Pay for Equal Work"best practices"
website,https://equglpgy.mt.gov/BestPractices/Employers, or equivalent"best practices publication
and has read the material.
INVITATION TO BID
Page 2 of 4
Each Bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond
payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the
total amount of the Bid. Successful BIDDERS shall furnish an approved Performance Bond
and a Labor and Materials Payment Bond, each in the amount of one hundred percent(100%) of
the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a
certificate(s) of that insurance shall be provided.
No Bid may be withdrawn after the scheduled time for the public opening of bids.
Instructions to join the bid opening are included below:
Join from the meeting link
hftps://citvofbozeman.webex.com/citvofbozeman/'.php?MTI D=mf6ed 132712be6dfbddbff2599426a 131
I
IJoin by meeting number
Meeting number (access code): 142 831 9966
Meeting password: P3bj2tagFs2
Tap to join from a mobile device(attendees only)
+1-650-479-3208„1428319966##Call-in toll number(US/Canada)
Join by phone
1-650-479-3208 Call-in toll number(US/Canada)
Join from a video system or application
Dial 1428319966(a)-cityofbozeman.webex.com
You can also dial 173.243.2.68 and enter your meeting number.
i
Join using Microsoft Lync or Microsoft Skype for Business
Dial 1428319966.cityofbozeman(a�Iync.webex.com
I
The City of Bozeman reserves the right to reject any or all proposals received, to waive
informalities to postpone the award of the contract for a period not to exceed sixty (60) days,
and to accept the lowest responsive and responsible bid which is in the best interest of the City
of Bozeman.
The Contractor is required to be an Equal Opportunity Employer.
DATED at Bozeman,Montana,this 5 day of March,2021.
Mike Maas,
f INVITATION TO BID
i Page 3 of 4
I
Bozeman City Clerk
Published Legal Ad,Bozeman, Montana
Sunday, March 7, 2021
Sunday, March 14, 2021
Sunday, March 21, 2021
INVITATION TO BID
Page 4 of 4
i
i
INSTRUCTIONS TO BIDDERS
1. BIDS
a. The Bid Form included within the Bidding Documents is for reference only.The City of
Bozeman will only accept online electronic bids through QuestCDN.Project bid
documents and addenda must be downloaded from QuestCDN,which will add your
company to the Planholder List and allow access to vBid online bidding,for the
submittal of your bid. QuestCDN may be located using the link in the left-hand
navigation menu on the City of Bozeman's Bids\RFPs\RFOs page or at
www.bozeman.net/ouestCDN. The specific project can be found by referencing the
eBidDoc number(eBidDoc#7619698). Complete digital project bidding documents are
available to download for a non-refundable charge of($15). Bidders will be charged an
additional fee of($30)to submit a bid electronically. For electronic bids, scans of
required electronic bid documents will be accepted.Bids shall be strictly in accordance
with the prescribed form.Any modifications thereof or deviations therefrom may be
I considered as sufficient cause for rejection.Bids carrying riders or qualifications to the
bid being submitted may be rejected as irregular.
b. A bid shall be submitted no later than the date and time prescribed and as indicated in the
Invitation to Bid and shall be submitted online through QuestCDN.The bid shall include
the name and address of the Bidder and shall be accompanied by the Bid Security,
Nondiscrimination Affirmation Form,and other required documents.
C. Contract Documents may be viewed at the following locations:
City of Bozeman
20 East Olive
Bozeman,MT 59771
Phone: (406) 582-2200
2. BID SECURITY
The Bid must be accompanied by a Bid Security which shall not be less than 10 percent of the amount of
the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check,
bank money order, or bank draft drawn and issued by a national banking association located in the State
of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid
Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of
Montana.No bid will be considered unless it is accompanied by the required guaranty. Cashier's checks,
certified checks, bank money orders, or bank drafts must be made payable to the City of Bozeman. The
Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds
I` by the successful Bidder, all as required by the Contract Documents.
Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment
Bond, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this
Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned
1 to unsuccessful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory
INSTRUCTIONS TO BIDDERS
Page I
Performance and Labor and Material Payment Bonds. At the option of the Owner, bid security with bids
that are not competitive may be returned prior to signature of the Agreement.
Revised Bids submitted before the opening of bids, if representing an increase in the original bid, must
have the Bid Security adjusted accordingly; otherwise,the bid will not be accepted.
If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form (EJCDC C-430) bound
herewith.
3. SUBSTITUTE AND "OR-EQUAL" ITEMS
The Contract, if awarded, will be on the basis of materials and equipment specified or described in the
Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is
indicated in the Bidding Documents that a substitute or"or-equal" item of material or equipment may be
furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be
considered by Engineer until after the Effective Date of the Agreement.
4. INTERPRETATIONS AND/OR ADDENDA
All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer.
Interpretations or clarifications considered necessary by the Engineer in response to such questions will
be issued by Addenda emailed to all parties recorded by QuestCDN as having downloaded the Bidding
Documents. Questions received less than ten days prior to the date for opening of Bids may not be
answered. Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect. It shall be the responsibility of the Bidder to
download such Addenda prior to submitting his online bid.
5. EXANIINATION OF CONTRACT DOCUMENTS AND CONDITIONS OF WORK SITE
a. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract
Documents thoroughly, (b) visit the site to become familiar with local conditions that may
affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and
local Laws and Regulations that may affect cost,progress, performance or furnishing of the
Work, (d) study and carefully correlate Bidder's observations with the Contract Documents,
and(e)notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.
I. Each Bidder should visit the site of the proposed work and fully acquaint himself
with the existing conditions there relating to construction and labor, and should fully
inform himself as to the facilities involved, and the difficulties and restrictions
attending the performance of the Contract. In submitting a bid for this project, the
Bidder is thereby acknowledging that he is capable of performing the specified work
on the site. The Bidder should thoroughly examine and familiarize himself with the
Drawings, Technical Specifications, and all other Contract Documents, and shall
verify the accuracy of the estimated quantities in the Bid Proposal. Failure to do so
will not relieve the successful Bidder of his obligations to carry out the provisions of
this Contract.
INSTRUCTIONS TO BIDDERS
Page 2
2. The submission of a Bid will constitute a representation of familiarization by the
Bidder. There will be no subsequent financial adjustment for lack of such
familiarization.
b. The Contractor may refer to the following for information regarding site conditions:
1. Those reports, if any, of explorations and tests of subsurface conditions at the site
which have been prepared by the Owner and are included as part of the Contract
Documents. Bidder may rely upon the accuracy of the technical data contained in
such reports but not upon the completeness thereof for the purposes of bidding or
construction.
2. Those drawings of physical conditions in or relating to the existing surface and
subsurface conditions which are at or contiguous to the site (except Underground
Facilities) which have been utilized by Engineer in preparation of the Contract
Documents. Bidder may rely upon the accuracy of the technical data contained in
I such drawings but not upon the completeness thereof for the purposes of bidding or
construction.
C. Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site is based upon information and data furnished to Owner
and Engineer by owners of such Underground Facilities or others, and Owner does not
assume responsibility for the accuracy or completeness thereof unless it is expressly
provided otherwise in the Special Provisions.
d. Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders on subsurface conditions, Underground Facilities and other physical conditions,
and possible changes in the Contract Documents due to differing conditions appear in
Paragraphs 4.02 and 4.03 of the General Conditions.
e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any
additional examinations, investigations, explorations, tests and studies and obtain any
additional information and data which pertain to the physical conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work which Bidder deems necessary
to determine its Bid for performing and furnishing the Work in accordance with the time,
price and other items and conditions of the Contract Documents.
I f. On request in advance, Owner will provide each Bidder access to the site to conduct such
explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder
shall fill all holes, clean up and restore the site to its former condition upon completion of
isuch explorations.
g. The lands upon which the Work is to be performed, rights-of-way and easements for access
I thereto are designated for use by Contractor in performing the Work. All additional lands
and access thereto required for temporary construction facilities or storage of materials and
equipment are to be provided by Contractor. Easements for permanent structures or
permanent changes in existing structures are to be obtained and paid for by Owner unless
otherwise provided in the Contract Documents.
I
INSTRUCTIONS TO BIDDERS
Page 3
h. The submission of a Bid will constitute representation by Bidder that Bidder has complied
with every requirement of this Article 4, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and such means,
methods, techniques, sequences or procedures of construction as may be indicated in or
required by the Contract Documents, and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
6. TIME FOR RECEIVING BIDS
Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty
it is to open them will decide when the specified time has arrived, and no bid received thereafter will be
considered.
7. OPENING OF BIDS
At the time for the opening of bids,the Owner will cause to be opened and publicly read aloud every bid
received within the time set for receiving Bids, irrespective of any irregularities therein, except bids that
do not contain either the bid bond or non-discrimination affirmation,which will not be read. Bidders and
other persons properly interested may be present, in person or by representative. Instructions to join the
bid opening are included below:
Join from the meeting link
hftps:Hcitvofbozeman.webex.com/citvofbozeman/a.php?MTID=mf6edl 32712be6dfbddbff2599426a 131
Join by meeting number
Meeting number (access code): 142 831 9966
Meeting password: P3bj2tagFs2
Tap to join from a mobile device(attendees only)
+1-650-479-3208„1428319966## Call-in toll number(US/Canada)
Join by phone
1-650-479-3208 Call-in toll number (US/Canada)
Join from a video system or application
Dial 1428319966(cD-cityofbozeman.webex.com
You can also dial 173.243.2.68 and enter your meeting number.
Join using Microsoft Lync or Microsoft Skype for Business
Dial 1428319966.cityofbozemanCc)-lync.webex.com
INSTRUCTIONS TO BIDDERS
Page 4
i
v
8. WITHDRAWAL OF BIDS
V Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through
written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance
with the foregoing conditions shall be returned promptly. No bids shall be withdrawn for a period of 60
+ days after the scheduled closing time for receipt of bids.
9. METHOD OF AWARD
I
a. Award of the contract shall be to the lowest"responsible"Bidder whose total base bid
(schedules 1-4) (if within the funds available) is the lowest "responsible" bid for the
work.
b. If such lowest bid exceeds the budget,the Owner may reject all bids.
C. The Owner reserves the right to reject any or all bids or to waive any irregularity or
informality in any bid received. The Owner reserves the right to determine what constitutes
material and/or immaterial informalities and/or irregularities.
d. The Owner shall award such contract to the lowest "responsible" bidder(18-1-102 MCA).
1 The term "responsible" does not refer to pecuniary ability only, or the ability to tender
sufficient performance and payment bonds. The term "responsible" includes, but is not
limited to:
I. Having adequate financial resources to perform the contract or the ability to obtain
them;
2. Being able to comply with the required delivery, duration, and performance
schedule;
3. Having a satisfactory record of integrity and business ethics;
4. Having the necessary production, construction, technical equipment, and facilities,
and;
5. Having the technical skill, ability, capacity, integrity, performance, experience, lack
of claims and disputes, lack of actions on bonds, lack of mediations, arbitrations
and/or lawsuits related to construction work or performance, and such like.
e. Unless otherwise stated in the Special Provisions, all contracts will be awarded in
conformance with the laws of the State of Montana. Pursuant to Section 18-1-102,
Montana Code Annotated, the Owner, in awarding public contracts for construction, repair,
and public works of all kinds, shall award such contract to the lowest responsible Bidder
without regard to residency. However, a resident bidder must be allowed a preference on a
contract against the bid of any non-resident bidder from any state or country that enforces a
preference for resident bidders. The preference given to resident bidders of this state must
be equal to the preference given in the other state or country.
I
INSTRUCTIONS TO BIDDERS
Page 5
f. The Owner may make such investigations as it deems necessary to determine the ability of
the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves the
right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to
satisfy the Owner that such Bidder is properly qualified and responsible to carry out the
obligations of the Agreement and to complete the Work contemplated therein.
10. PRE-AWARD CONFERENCE
The Bidder submitting what appears to be the lowest"responsible" bid may be required to meet with the
Engineer prior to the award of the contract for the purpose of discussing pertinent details pertaining to
the proposed Work. The following points will be considered in particular:
a. The Contractor's organization and equipment available for work and the Contractor's
proposed sources of materials or installed equipment.
b. Contractor's financial status and capability to execute the contract.
C. The Contractor's proposed schedule of operations.
d. The interpretation of the Specifications.
e. The Contractor's proposed wage rates for use on the project.
f. Bidder status concerning"responsibility".
g. Approval of subcontractors.
h. Unbalanced bids, either in excess or below the reasonable cost analysis value.
Should the conference indicate that the Contractor does not appear to be in a position to properly
undertake the Work or that he has not properly familiarized himself with the Plans and Specifications,the
Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder.
11. EXECUTION OF AGREEMENT
a. Subsequent to the award and within 10 days after the date of the Notice of Award, the
successful Bidder shall execute and deliver to the Owner an Agreement, the Performance
Bond, Labor and Material Payment Bond, Insurance Certificates, and an Approval of
Subcontractors form in such number of copies as the Owner may require. The standard
Agreement form as issued by the Owner shall be used as the contracting instrument.
b. The Agreement form shall be signed in longhand by the proper representatives of the
contracting firm as follows:
1. The principal of the single-owner firm.
2. A principal of the partnership firm.
INSTRUCTIONS TO BIDDERS
Page 6
I 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a
certified copy of the resolution of the Board of Directors authorizing the agent to
sign.
` 4. Other persons signing for a single-owner firm or a partnership shall attach a Power
of Attorney evidencing his authority to sign for that firm.
C. The Owner within 30 days of receipt of acceptable Performance Bond, Labor and Material
Payment Bond, required Insurance Certificates, and Agreement signed by the party to
I whom the Agreement was awarded shall sign the Agreement and return to such party an
executed duplicate of the Agreement. Should the Owner not execute the Agreement within
such period, the Bidder may by written notice withdraw his signed Agreement. Such notice
of withdrawal shall be effective upon receipt of the notice by the Owner.
12. PERFORMANCE,LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE
Ia. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC
C-610) in the amount of 100 percent of the contract price as security for the faithful
performance of his Contract.
b. The Owner will require the successful Contractor to furnish a Labor and Material Payment
Bond(EJCDC C-615) in the amount of 100 percent of the contract price as security for the
payment of all persons performing labor and furnishing materials in connection therewith.
C. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident
Agent.
d. Prior to beginning work,Insurance Certificates as proof of insurance coverage shall be filed
1 with the Owner. The specifications for the Workers' Compensation, Commercial General
Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance
are listed in these Contract Documents.
13. POWER OF ATTORNEY
a. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified
and effectively dated copy of their Power of Attorney.
b. One original shall be furnished with each set of bonds.
C. Additional copies furnished with a set of bonds may be copies of that original.
14. LABOR AND WAGES
a. For public projects in excess of $25,000 let, the Contractor(s) shall pay the standard
prevailing rate of wages, including fringe benefits for health and welfare and pension
l
INSTRUCTIONS TO BIDDERS
Page 7
contributions and travel allowance provisions in effect and applicable in the county or
locality in which the work is being performed(18-2-403,Montana Code Annotated).
b. On any state construction project funded by state or federal funds, except a project partially
funded with federal aid money from the United States Department of Transportation or
when residency preference laws are specifically prohibited by federal law and to which the
state is a signatory to the construction contract, each Contractor shall ensure that at least 50
percent of the Contractor's workers performing labor on the project are bona fide Montana
residents, as defined in 18-2-401,(18-2-409,MCA).
C. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has
established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-
402, Montana Code Annotated. A copy of the wage rates are bound herein. It is the
Contractor's responsibility to classify their workers in accordance with the craft of trade to
be performed and pa t�ppropriate established prevailing wage rate.
d. The Contractor shall classify all workers on the project in accordance with the Department
of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a
worker in accordance with these rates,the Contractor shall contact the Department of Labor
and Industry, Labor Standards Bureau, Wage and Hour Unit,Helena,Montana 59604, for a
determination of the prevailing wage rate to be paid that particular worker.
e. Should the prevailing rate of wages change during the life of the contract, the wage rates
included in the Contract Documents at the time of the bid opening shall be the prevailing
wage rate for the life of the contract.
f. Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and
employers who are performing services under public works contracts as provided in this
part shall post in a prominent and accessible site on the project or work area, not later than
the first day of work, a legible statement of all wages and fringe benefits to be paid to
employees on such site or work area.
g. 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.
h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or
Engineer will be forwarded to the State of Montana, Department of Labor and Industry,
Wage and Hour Unit,Helena,Montana.
i. Safety Training. Contractor shall comply with the Occupational Safety and Health Act
(OSHA).
15. EQUAL EMPLOYMENT OPPORTUNITY
Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants
for employment are not discriminated against because of their race, color, religion, national origin, sex,
marital status,age, or political ideas. The Owner is an equal opportunity employer.
INSTRUCTIONS TO BIDDERS
Page 8
16. MONTANA CONTRACTOR'S TAX(GROSS RECEIPTS TAX)
All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be
withheld from all payments, for projects over $5,000.00, due to Contractor pursuant to Section 15-50-
NN 205,MCA.
I�
17. PAYROLLS AND BASIC RECORDS
Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of three years thereafter for all laborers and mechanics working at the
site of the work, or in the development of the project. Such records will contain the name and address of
each employee, his correct classification, rates of pay, daily and weekly number of hours worked,
deductions made, and actual wages paid.
In addition, the Contractor will submit weekly a copy of all payrolls to the Owner and Engineer. The
1 copy shall be accompanied by a certification signed by the employer or his agent indicating that the
1 payrolls are correct and complete, that the wage rates contained therein are not less than those
determined by the Montana Department of Labor and Industry, and that the classifications set forth for
I' each laborer or mechanic conform with the work he performed. The prime Contractor will make the
9 record required under the labor standards clause of the Contract available for inspection by authorized
representatives of the Owner and the Montana Department of Labor and Industry and will permit such
representatives to interview employees during working hours on the job.
Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or
I with each Payment Request. The copies sent to the Owner and Engineer are for archive purposes only,
because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will
rely on the Contractor's certification that all employees are being classified and paid appropriately.
I
18. MAINTENANCE OF RECORDS
Contractor shall maintain all required records for three years after the Owner makes final payment and all
other pending matters are closed.
l
19. NOTICE TO PROCEED
IThe Notice to Proceed will normally be issued within 30 days of the execution of the Agreement by the
Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period,the time
may be extended by mutual written agreement between the Owner and Contractor.
i
20. CONTRACT TIME
The Contract Time will be as set forth in the Special Provisions.
j
21. LIQUIDATED DAMAGES
I
INSTRUCTIONS TO BIDDERS
Page 9
Liquidated damages will be as set forth in the Special Provisions.
22. MONTANA CONTRACTOR'S REGISTRATION
Each bidder will be required to be registered with the State of Montana, Department of Labor and
Industry prior to execution of the contract.
INSTRUCTIONS TO BIDDERS
Page 10
2021 S.6th Avenue Reconstruction Project(tl7619698)
Owner:City of Bozeman
Solicitor:Bozeman MT,City of
03/31/202102:00 PM MDT
Omdahl Excavation&Utilities,Inc.
Sec Line Item Item Description UofM Quantity Unit Price Extension
Schedule 1 $1,404,612.75
j 101 Taxes,bonding,insurance LS 1 $48,000.00 $48,000.00
102 Mobilization LS 1 $95,000.00 $95,000.00
103 SWPPP Submittal LS 1 $9,000.00 $9,000.00
104 SWPPP Implementation LS 1 $25,000.00 $25,000.00
105 Unclassified excavation above subgrade Cu Yd 8936 $18.00 $160,848.00
106 Remove existing concrete curb Ln Ft 6642 $5.50 $36,531.00
107 Remove existing concrete sidewalk,ped ramps,and drive and alley approaches Sq Ft 11333 $3.50 $39,665.50
108 Geotextile separation fabric Sq Yd 17156 $1.25 $21,445.00
109 3"minus uncrushed subbase Cu Yd 5100 $30.00 $153,000.00
110 1"minus crushed base course Cu Yd 2550 $36.00 $91,800.00
111 Asphalt concrete pavement 3"thickness Sq Yd 12225 $18.25 $223,106.25
112 Concrete curb and gutter Ln Ft 6642 $22.00 $146,124.00
113 Ped ramps,drive and alley approaches and sidewalk 6"thickness Sq Ft 8950 $14.50 $129,775.00
114 Concrete fillet&double gutter Sq Ft 808 $15.50 $12,524.00
115 Concrete sidewalk 4"depth Sq Ft 2383 $7.00 $16,681.00
116 ADA detectable warning panel Sq Ft 504 $68.00 $34,272.00
117 Traffic circle median curb Ln Ft 138 $38.00 $5,244.00
118 Traffic circle concrete cap Sq Ft 450 $8.50 $3,825.00
119 4"sch.80 PVC utility conduit Ln Ft 252 $17.00 $4,284.00
120 Adjust existing manhole to finish grade Ea 6 $350.00 $2,100.00
121 Topsoil,sod and site restoration LS 1 $18,000.00 $18,000.00
122 Boulevard topsoil excavation Cu Yd 30 $20.00 $600.00
123 Traffic control LS 1 $34,000.00 $34,000.00
124 2"square metal posts Ln Ft 924 $42.00 $38,808.00
125 Aluminum signs Sq Ft 167 $40.00 $6,680.00
126 Epoxy curb markings Gal 38 $250.00 $9,500.00
127 Epoxy sharrow marking Ea 2 $1,000.00 $2,000.00
128 Construction staking and quality assurance LS 1 $32,000.00 $32,000.00
129 Exploratory excavation Hour 16 $300.00 $4,800.00
W Schedule 2-Water Improvements $565,735.00
201 Connection to existing main Ea 8 $1,500.00 $12,000.00
202 8"MJ gate valve w/valve box Ea 20 $1,950.00 $39,000.00
203 10"MJ gate valve w/valve box Ea 2 $2,800.00 $5,600.00
204 14"MJ gate valve w/valve box Ea 2 $9,600.00 $19,200.00
205 8"x6"MJ reducer Ea 3 $500.00 $1,500.00
206 8"x4"MJ reducer Ea 1 $500.00 $500.00
207 8"x6"MJ Tee Ea 7 $680.00 $4,760.00
208 8"MJ Tee Ea 2 $700.00 $1,400.00
209 14"x6"MJ Tee Ea 1 $1,400.00 $1,400.00
210 14"x8"MJ Cross Ea 1 $1,720.00 $1,720.00
211 10"x8"MJ Cross Ea 1 $1,075.00 $1,075.00
212 8"11.25-D bend Ea 2 $500.00 $1,000.00
213 8"Pressure class 350 ductile iron pipe Ln Ft 3349 $70.00 $234,430.00
214 10"Pressure class 350 ductile iron pipe Ln Ft 60 $95.00 $5,700.00
215 14"Pressure class 350 ductile iron pipe Ln Ft 67 $150.00 $10,050.00
216 Service reconnection w/in the trench limits 2"diameter and smaller Ea 82 $700.00 $57,400.00
217 Service reconnection outside the trench limits 2"diameter and smaller Ln Ft 260 $60.00 $15,600.00
218 Install expansion tank and backflow preventer Ea 3 $900.00 $2,700.00
219 Fire Hydrant assembly 5.5'bury Ea 3 $5,700.00 $17,100.00
220 Fire Hydrant assembly 6.0'bury Ea 3 $5,800.00 $17,400.00
221 Fire Hydrant assembly 6.5'bury Ea 2 $5,800.00 $11,600.00
222 Remove existing hydrant Ea 7 $800.00 $5,600.00
223 Insulation Ln Ft 3000 $14.50 $43,500.00
224 Temporary water system LS 1 $45,000.00 $45,000.00
225 Type 2 pipe bedding Cu Yd 50 $40.00 $2,000.00
226 Imported backfill material Cu Yd 50 $40.00 $2,000.00
227 Locate and repair sewer service Ea 10 $650.00 $6,500.00
Schedule 3-Sewer Improvements $317,425.00
301 Remove existing manhole Ea 7 $1,200.00 $8,400.00
302 Connection to existing manhole Ea 2 $1,500.00 $3,000.00
303 Connection to existing sewer main Ea 2 $1,000.00 $2,000.00
304 8"SDR 26 PVC sewer main Ln Ft 2150 $55.00 $118,250.00
305 4'Diameter basic manhole 5'-0"depth Ea 8 $4,200.00 $33,600.00
306 4'diameter additional manhole depth Vertical Ft 33.9 $250.00 $8,475.00
307 4"Sewer service connection Ea 61 $700.00 $42,700.00
308 4"SDR 26 Sewer service Ln Ft 1000 $65.00 $65,000.00
309 Bypass Pumping LS 1 $36,000.00 $36,000.00
Schedule 4-Storm Improvements $233,715.00
401 Remove existing storm sewer inlet Ea 26 $400.00 $10,400.00
402 Remove existing storm sewer manhole Ea 5 $1,000.00 $5,000.00
403 10"SDR 35 PVC storm sewer pipe Ln Ft 112 $50.00 $5,600.00
404 12"SDR 35 PVC storm sewer pipe Ln Ft 531 $50.00 $26,550.00
405 15"SDR 35 PVC storm sewer pipe Ln Ft 1523 $55.00 $83,765.00
406 4'diameter storm manhole Ea 8 $4,000.00 $32,000.00
407 S'diameter storm manhole Ea 1 $5,000.00 $5,000.00
408 Standard storm drain inlet Ea 16 $3,300.00 $52,800.00
409 Combination 4'diameter storm manhole/inlet Ea 2 $4,000.00 $8,000.00
410 Connection to existing storm manhole Ea 2 $1,000.00 $2,000.00
411 Connection to existing storm main Ea 1 $800.00 $800.00
412 Connection to existing storm inlet Ea 4 $450.00 $1,800.00
Additive Alternate 1-Traffic circle at 6th and Olive $13,215.00
501 Traffic circle median curb Ln Ft 50 $76.00 $3,800.00
502 Traffic circle concrete cap Sci Ft 177 $30.00 $5,310.00
503 Traffic circle signs Sci Ft 25 $65.00 $1,625.00
504 Traffic circle sign posts Ln Ft 32 $65.00 $2,080.00
505 Traffic circle curb paint Gal 1 $400.00 $400.00
Additive Alternate 2-Concrete landscape islands in the Harrison and Alderson Traffic Circles $7,555.00
601 Concrete Planter Curb Ln Ft 32 $200.00 $6,400.00
602 Planter curb topsoil Cu Ft 33 $35.00 $1,155.00
Miscellaneous Work Items $130,000.00
130 Schedule 1 Miscellaneous Work Ea 50000 $1.00 $50,000.00
228 Schedule 2 Miscellaneous Work Ea 30000 $1.00 $30,000.00
310 Schedule 3 Miscellaneous Work Ea 20000 $1.00 $20,000.00
413 Schedule 4 Miscellaneous Work Ea 30000 $1.00 $30,000.00
Base Bid Total: $2,651,487.75
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
Omdahl Excavation & Utilities, Inc. (name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer's employees and to all subcontracts.
In addition, Omdahl Excavation & Utilities, Inc. (name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA(the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices"
website, https://equaIpay.mt.gov/BestPractices/Employers, or equivalent "best practices
publication and has read the material.
ate''` 0,,,,,,J� Byron Omdahl, President
IName and title of person authorized to sign on behalf of submitter
I
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1
l
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I
PENAL SUM FORM
BID BOND
Any singular reference to Bidder. Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
l Omdahl Excavation&Utilities, Inc.
I 659 Morning Mist Road
Manhattan, MT 59741-8556
SURETY (Name and Address of principal Place of Business):
The Ohio Casualty Insurance Company
175 Berkeley Street
Boston, MA 02116 Montana Resident Awit
OWNER:
FIRST WEST, INC.
�T�
City of Bozeman
PO Box 1230 Bozeman, Montana 597is
Bozeman, MT 59771
BID
Bid Due Date: March 31,2021
lDescription:2021 South 6th Avenue Reconstruction Project,City of Bozeman
I Bozeman, Montana
BOND
I Bond Number: 149975
Date (Not earlier than Bid clue date).. March 31,2021
$ 10%of Amount Bid
Penal sum Ten Percent of the Total Amount of the Bid (Figures)
I (Words)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid
IBond to be duly executed by an authorized officer, agent, or representative.
BIDDER SURETY
Omdahl Excavation&Utilities, Inc. (Seal) The Ohio Casualty Insurance Company _ (Seal)
Bidder's Name and Corporate Seal Surety's Name and /Corprporate Seal
i By: Signature Signature (Attach Power of Attorney)
l Signature
Bryan D.Hall
IPrint Name Print Name
Attorney-in-Fact
P--j5'`ie, Title
Title
Attest: ': I �.
Attest:
Sig==nature Signature Marci Stoppel
y Surety Account Manager
a , , Z*Li z
' Title Title
ired notice. Provide execution by any additional
Note:Above addresses are to be used for giving any requ
I parties,such as joint ventures,if necessary.
EJCDC C430 Bid Bond(Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
I Page 1 of 2
3/31/2021 works heetConnector(2550x3300)
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5279379
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated.
Certificate No.
` American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company Peerless Insurance Company
West American Insurance Company
1 POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of
the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation
duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein
collectively called the'Companies�,pursuant to and by authority herein set forth,does hereby name,constitute and appoint, RICHARD B.DEMING,JULIE A.BENNETT,TYLER P.DELANEY,
WILLIAM R.PRICE,DEBBIE DUNEMAN,DONNA K.TUCEK,MARK COLLINS,BRYAN D.HALL..............................................................................................................................................................
.............................................................................................................................................................................................................................................................................................................................
all of the City of BOZEMAN state of MONTANA each individually if there be more than one named,its We and lawful attomey-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,reoDgnizances and other surety obligations,In pursuance of these presents and shall
I be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this PowerofAtomeyhas been subscribed byan authorized offloerorofficial of the Companies and the corporate sealsof the Companies have been affixed thereto this
29th day of March 2012all
,
American Fire and Casualty Company V
— _ The Ohio Casualty Insurance Company w
0
CL Liberty Mutual Insurance Company c
d { Peerless Insurance Company
cWest American Insurance Company
a c By: co
STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary C
COUNTY OF KING o
u y On this 29th day of March 20122 before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of Amedcan Fire and AN
46.2 Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,andthat he,as such,being c W
authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. E O
y3 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. Q 10'
0
1/� O4
I 0 � BY n, dC
ill KD Riley,Nota Public 3 M
60
Cate.. _ ILM
LO This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmedcan Fire and Casualty Company,The Ohio Casualty Insurance An 0
gf H Company,Liberty Mutual Insurance Company,WestAmerican Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: w rn
Cd ARTICLE IV—OFFICERS—Section 12.Power ofAttomey.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman orthe President,and subject ,.
O E. to such limitation as the Chairman or the President may prescribe,shall appoint such atomeys4n-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, :6�?
E acknowledge and deliveras surety any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective16. y
G powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so >a
4- T executed,such Instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative oratomeyin-tact under t
v the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. +�.cm
00
> t ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose inventing by the chairman or the president, �C—M
Z v and subject to such limitations as the chairman or the president may prescribe,shall appoint such atomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, 00
seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their u—
1 respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so FO
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such
attorney-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other
I surety obligations.
Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and(hiding upon the Company with the
same force and effect as though manually affixed.
I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West
American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 31 day of March 20 21
��(n '\,�l �Fr u t'P1 / 3 \:•., y�i. CF�o ,kS� \\q� �^Rs�/
By:
�Sl rlL�ti ?J•'tha��. [[ �` / 1`"` j lra� Sf=1 ,s David M.Carey,Assistant Secretary
PDA-AFCC,LMIC,OCIC,PIC&WAIC
LMS 12873 012012
:/ u n m/ u s bid/ ction/worksheetConnector?command=viewBB&mbNo=47183&jobNo=7619698 1/1
hops /bld.q estcd .co q e t a j
G AGREEMENT FORM
THIS AGREEMENT is dated as of the day of in the year 2021, by and between
g CITY OF BOZEMAN, hereinafter called OWNER, and Omdahl Excavation & Utilities, Inc.
hereinafter called CONTRACTOR.
OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK.
I CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The project work is generally described as follows: Reconstruction of South 6th Avenue from
Babcock Street to Cleveland Street including: replacement of existing water mains,valves,
Ifittings and appurtenances, sewer mains and manholes, and storm drainage pipe, inlets and
manholes; removing the existing road section from curb to curb and constructing a new road
I section,new signage, spot replacement of existing sidewalks, adjusting existing utilities to
accommodate the new roadway,restoring boulevards to pre-existing conditions and all related
work incidental to construction.
l
The project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows: 2021 South 6th Avenue Reconstruction Project, City of
I Bozeman.
IArticle 2. CONTRACT TIME.
2.1 The Work will be completed within 170 days after the date when the contract time
l commences to run as provided in the General Conditions. Final payment will be withheld
I until final completion and acceptance of the Work, as stipulated in this Agreement.
I 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in
this Agreement and that OWNER will suffer financial loss if the Work is not substantially
complete within the time specified above,plus any extensions thereof allowed in accordance
with the General Conditions. They also recognize the delays, expense and difficulties
involved in proving,in a legal or arbitration proceeding,the actual loss suffered by OWNER
if the Work is not substantially complete on time. Accordingly,instead of requiring any such
proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a
penalty)CONTRACTOR shall pay OWNER seven hundred fifty dollars($750.00)for each
day that expires after the time specified herein until the Work is substantially complete.
I 2.3 Special Liquidated Damages. OWNER and CONTRACTOR further recognize that time is
of the essence in accommodating water service interruptions throughout the course of the
project, and that owner will suffer financial loss if the provisions specified below are not
I
met:
1. All water system interruptions shall comply with the time frames specified in Special
Provision 33, or shall be subject to the provisions of this section of this agreement.
OWNER and CONTRACTOR also recognize the delays,expense and difficulties involved in
proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the
provisions listed in section 2.3.1 of this agreement are not met. Accordingly, instead of
requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($
500.00) or for each hour that expires after the maximum time allowed for water service
interruptions specified in section 2.3.1 of this agreement, until the Work is substantially
complete.
Article 3. CONTRACT PRICE.
3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the
Contract Documents the sum(subject to adjustment as provided in the Contract Documents) of
Two Million Six Hundred Fifty Nine Thousand Forty Two Dollars & 75/100 ($2,659,042.75).
Article 4. PAYMENT PROCEDURES.
CONTRACTOR shall submit applications for payment in accordance with the General Conditions.
Applications for payment will be processed as provided in the General Conditions.
4.1 Progress Payments. OWNER will make progress payments monthly on account of the
contract price on the basis of CONTRACTOR'S application for payment as recommended by
ENGINEER. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values provided for in the General Conditions.
4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in
accordance with the General Conditions and as outlined herein.
4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the
General Conditions,OWNER shall pay the remainder of the contract price as recommended
by ENGINEER.
Article 5. INTEREST.
All monies not paid when due hereunder shall bear interest at the simple rate established by
the Federal Cost of Money Rate commencing at the time of a claim.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions and federal, state and local laws,
ordinances,rules and regulations that in any manner may affect cost,progress or performance
of the Work.
6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface
and latent physical conditions at the site or otherwise affecting cost,progress or performance
of the Work which were relied upon by ENGINEER in the preparation of the drawings and
specifications and which have been identified in the modifications to the General Conditions.
6.3 CONTRACTOR has made or caused to be made examinations,investigations and tests and
studies of such reports and related data in addition to those referred to above as he deems
Inecessary for the performance of the Work at the contract price,within the contract time and
in accordance with the other terms and conditions of the Contract Documents, and no
additional examinations, investigations,tests,reports or similar data are or will be required
by CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
6.5 CONTRACTOR has given ENGINEER written notice of all conflicts,errors or discrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
IENGINEER is acceptable to CONTRACTOR.
I 6.6 Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of
persons performing this Agreement shall be on the basis of merit and qualifications. The
I Contractor will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti-discrimination laws, regulations, and contracts. The
Contractor will not refuse employment to a person, bar a person from employment, or
Idiscriminate against a person in compensation or in a term, condition, or privilege of
employment because of race, color,religion, creed,political ideas, sex, age,marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or
mental disability, marital status or sex distinction. The Contractor shall be subject to and
comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States
J Code, and all regulations promulgated thereunder.
Contractor represents it is,and for the term of this Agreement will be,in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay
Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor
has been found guilty of within 60 days of such finding for violations occurring during the term of
this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
Article 7. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire Agreement between OWNER and
CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following:
7.1 This Agreement.
7.2 Exhibits to this Agreement (if any).
7.3 Performance Bond, Payment Bond, and Bid Bond.
7.4 Invitation to Bid.
7.5 Instructions to Bidders and Bid Form.
7.6 Certificate(s) of Insurance.
7.7 General Conditions.
7.8 Supplementary Conditions.
7.9 Wage Rates.
7.10 Special Provisions and Measurement and Payment.
7.11 Montana Public Works Specifications, Sixth Edition,and City of Bozeman Modifications to
Montana Public Works Standard Specifications Sixth Edition,March 31,2011 with addenda
(by reference).
7.12 Appendices
7.13 Addenda listed on the Bid forms.
7.14 CONTRACTOR'S executed Bid forms.
7.15 Documentation submitted by CONTRACTOR prior to Notice of Award.
7.16 Notice of Award.
7.17 Notice to Proceed.
7.18 Any modification,including Change Orders, duly delivered after execution of Agreement.
7.19 Any Notice of Partial Utilization.
7.20 Notice of Substantial Completion.
7.21 Notices of Final Completion and Acceptance.
7.22 Non-discrimination affirmation form.
I j
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7.23 Drawings
There are no Contract Documents other than those listed above in this Article 7. The Contract
Documents may only be altered, amended or repealed by a modification(as defined in the General
Conditions).
Article 8. MISCELLANEOUS.
8.1 Terms used in this Agreement which are defined in the General Conditions shall have the
meanings indicated in the General Conditions.
8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding
upon the OWNER and the CONTRACTOR respectively and his partners, successors,
i assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have
the right to assign, transfer or sublet his interest or obligations hereunder without written
consent of the other parry. The OWNER reserves the right to withdraw at any time from any
9 subcontractor where Work has proven unsatisfactory the right to be engaged in or employed
9 upon any part of the Work.
8.3 In the event it becomes necessary for either parry to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement or to give any notice required
herein, then the prevailing parry or the parry giving notice shall be entitled to reasonable
attorney's fees and costs.
8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made
in writing and executed in the same manner as this original document and shall after
execution become a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
(CONTRACTOR)
By (SEAL&)
(ATTEST)
Title Fe'cs 4
(JOINT VENTURE)
By (SEAL &)
(ATTEST)
Title
City of Bozeman
(OWNER)
1
By
Y MANAGER)
(SEAL &)
(ATTEST) ...............
APPROVED AS TO FORM:
/ o e, cQ"m®c'�
(CITY ATTO EY)
c AAvpdoc s\forms\agreefiin.mrg
1 I I
Montana Department of
`rrT` - , •• • •• LABOR & INDUSTRY
Fd:TV Al
I i I I
CERTIFICATE OF CONTRACTOR REGISTRATION
STATUS
Employer
OMDAHL EXCAVATION & UTILITIES INC
659 MORNING MIST RD REGISTRATION NO.
MANHATTAN, MT 59741 37068
EFFECTIVE DATE
08/30/2019
Visit our website at mtcontractor.mt.gov or call the EXPIRATION DATE
Registration Section at 406-444-7734 for more information 08/29/2021
i or to verify the validity of this certificate.
I
INSTRUCTIONS:Fold at perforations then tear card out.Fold card in half at score.
'' ' OMDAHL EXCAVATION & UTILITIES INC
Ilia 659 MORNING MIST RD
MANHATTAN, MT 59741
— REGISTRATION NO. 37068
406-444-7734 EXPIRATION DATE 08/29/2021
mtcontractor.mt.gov Employer
PERFORMANCE BOND
Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Natne, and Address of Principal Place of Business):
Omdahl Excavation&Utilities, Inc. The Ohio Casualty Insurance Company
659 Morning Mist Road 175 Berkeley Street
Manhattan, MT 59741-8556 Boston, MA 02116
OWNER(Name and Address):
City of Bozeman, Montana
PO Box 1230
Bozeman, MT 59771
CONTRACT
Effective Date of Agreement:
Amount: $2,659,042.75(Two Million Six Hundred Fifty Nine Thousand Forty Two Dollars and 75/100)
Description(Name and Location): 2021 South 6th Avenue Reconstruction Project
City of Bozeman, Montana
BONI)
Bond Number:67S200890
Date(Not earlier than Effective Date of
Agreement):
Amount: $2,659,042.75(Two Million Six Hundred Fifty Nine Thousand Forty Two Dollars and 75/100)
Modifications to this Bond Form: NA
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below,do each cause
this Performance Bond to be duly executed by an authorized officer,agent,or representative.
CONTRACTOR AS PR1iNCIPAL SURETY
Omdahl Excavgtio.&Utilities, Inc. (Seal) The Ohio Casualty Insurance Company (Seal)
Contractor's Nan wand Corporate Seal Surety's Name and Corporate Seal
By: tom. ��--mow By: 1 --
Sig iature Signature(Attach Power of Attorney)
L ,Uv 0144( Bryan D.Hall
Pritit Name / Print Name
Attorney-In-Fact
_ Title
Att Attest: P
i
ature Signature Marci Stoppel
Surety Account Manager
Title Title
Note: Provide execution By additional parties, such as joint venturers, if necessary.
EJCDC C-610 Performance Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 3
MoAtifilig Ri WWAtAgent
FIASTW S't`,111ip%
Bon man,Monwa sells
Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by
reference.
1. If Contractor performs the Contract,Surety and Contractor have no obligation under this Bond,except to
participate in conferences as provided in Paragraph 2.1.
2. If there is no Owner Default,Surety's obligation under this Bond shall arise after:
2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that
Owner is considering declaring a Contractor Default and has requested and attempted to arrange a
conference with Contractor and Surety to be held not later than 15 days after receipt of such notice
to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree,Contractor
shall be allowed a reasonable time to perform the Contract,but such an agreement shall not waive
dd Owner's right,if any,subsequently to declare a Contractor Default;and
2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete
the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor
and Surety have received notice as provided in Paragraph 2.1; and
2.3 Owner has agreed to pay the Balance of the Contract Price to:
1. Surety in accordance with the terms of the Contract;or
2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.
3. When Owner has satisfied the conditions of Paragraph 2,Surety shall promptly,and at Surety's expense,
take one of the following actions:
3.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or
3.2 Undertake to perform and complete the Contract itself, through its agents or through independent
contractors;or
3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract
for performance and completion of the Contract,arrange for a contract to be prepared for execution
by Owner and contractor selected with Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and
pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the
Contract Price incurred by Owner resulting from Contractor Default;or
3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor,and
with reasonable promptness under the circumstances:
1. After investigation, determine the amount for which it may be liable to Owner and, as soon as
practicable after the amount is determined,tender payment therefor to Owner;or
2. Deny liability in whole or in part and notify Owner citing reasons therefor.
4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be
deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to
Surety demanding that Surety perform its obligations under this Bond,and Owner shall be entitled to enforce
any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the
payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be
entitled to enforce any remedy available to Owner.
S. After Owner has terminated Contractor's right to complete the Contract,and if Surety elects to act under
Paragraph 3.1, 3.2,or 3.3 above,then the responsibilities of Surety to Owner shall not be greater than those
of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those
of Owner under the Contract. To the limit of the amount of this Bond,but subject to commitment by Owner
of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated
without duplication for:
EJCDC C•610 Performance Bond
1 Prepared by the Engineers Joint Contract Documents Conn dttee.
1 Page 2 of 3
f
I
5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;
5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and
h resulting from the actions of or failure to act of Surety under Paragraph 3;and
5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages
caused by delayed performance or non-performance of Contractor.
6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner
or its heirs,executors,administrators,or successors.
7. Surety hereby waives notice of any change, including changes of time, to Contract or to related
subcontracts,purchase orders,and other obligations.
8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within
two years after Contractor Default or within two years after Contractor ceased working or within two years
after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the
d provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to
u sureties as a defense in the jurisdiction of the suit shall be applicable.
9. Notice to Surety,Owner,or Contractor shall be mailed or delivered to the address shown on the signature
page.
10. When this Bond has been furnished to comply with a statutory requirement in the location where the
Contract was to be performed,any provision in this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed
incorporated herein.The intent is that this Bond shall be construed as a statutory bond and not as a common
law bond.
i
11. Definitions.
11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the
Contract after all proper adjustments have been made, including allowance to Contractor of any
amounts received or to be received by Owner in settlement of insurance or other Claims for
damages to which Contractor is entitled, reduced by all valid and proper payments made to or on
behalf of Contractor under the Contract.
11.2 Contract: The agreement between Owner and Contractor identified on the signature page,
including all Contract Documents and changes thereto.
11.3 Contractor Default: Failure of Contractor,which has neither been remedied nor waived,to perform
or otherwise to comply with the terms of the Contract.
11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived,to pay Contractor
+ as required by the Contract or to perform and complete or otherwise comply with the other terms
I thereof.
FOR INFORMATION ONLY—(Name,Address and Telephone)
1 Surety Agency or Broker:First West, Inc., 1905 Stadium Dr.,Bozeman,MT 59715,406-587-5111
Owner's Representative(Engineer or other arty):
tsJCDC C-610 Performance Bond
I Prepared by the Engineers Joint Contract Documents Committee.
Page 3 of 3
DocuSign Envelope ID:7932693C-1544-41A6-968B-F8E1D0498A3B
NOTICE OF AWARD
Dated:April 13,2021
TO: Omdahl Excavation&Utilities,Inc.
ADDRESS: 659 Morning Mist Road,Manhattan,MT 59741
PROJECT: 2021 South 6th Avenue Reconstruction Project
CONTRACT FOR:2021 SOUTH 6TH AVENUE RECONSTRUCTION PROJECT
You are notified that your Bid opened on March 31,2021, for the above Contract has been considered.You are the
apparent Successful Bidder and have been awarded a Contract for the:2021 South 6"Avenue Reconstruction Project.
The Contract Price of your Contract is: Two Million Six Hundred Fifty Nine Thousand Forty Two
Dollars & 75/100
3
copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. Two
(2)sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen(15)days of the date you receive this Notice of
j Award:
I 1. You must deliver to the OWNER Four(4) fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
l 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to
I Bidders(Article 20),and the General Conditions(paragraph 5.01).
3. List other conditions precedent:
IYou must deliver with the executed Agreement the Certificates of Insurance as specified in the General
Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to
annul this Notice of Award,and to declare your Bid Security forfeited.
I
Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of
the Agreement with the Contract Documents attached.
CITY OF BOZEMAN,MONTANA ATTEST: DocuSigned by:
DocuSigned by: DocuSigned by:
EALi�t, Nl aaS
BY: BY:
(CITY MANAGER) (CITY CLERK)
I
4/14/2021
DATE:
1
PAYMENT BOND
Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name,and Address of Principal Place of
y Omdahl Excavation&Utilities, Inc. Business):
659 Morning Mist Road The Ohio Casualty Insurance Company
Manhattan,MT 59741-8556 175 Berkeley Street
OWNER(Name and Address): Boston, MA 02116
City of Bozeman, Montana
PO Box 1230, Bozeman,MT 59771
CONTRACT
Effective Date of Agreement:
Amount: $2,659,042.75(Two Million Six Hundred Fifty Nine Thousand Forty Two Dollars and 75/100)
Description(Name and Location):2021 South 6th Avenue Reconstruction Project
City of Bozeman,Montana
BOND
Bond Number:67S200890
Date(Not earlier than Effective Date of
Agreement):
Amount:$2,659,042.75(Two Million Six Hundred Fifty Nine Thousand Forty Two Dollars and 75/100)
�i
Modifications to this Bond Form.- NA
N Surety and Contractor,intending to be legally bound hereby,subject to the terms set forth below,do each
cause this Payment Bond to be duly executed by an authorized officer,agent,or representative.
CONTRACTOR AS PRINCIPAL. SURETY
Omdahl Excavation&Utilities, Inc. (Seal) The Ohio Casualty Insurance Company (Seal)
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
Si iaattire Signature(Attach Power of Attorney)
Bryan D.Hall
P ' t Name Print Name
` LS Attorney-In-Fact
Title
Atte / Attest:
nature Signature Marci Stoppel
Surety Account Manager
Title J Title
Note: Provide execution by additional parties,such as joint venturers, if necessary.
1
;EJCDC C-615 Payment Bond
1 Prepared by the Engineers Joint Contract Documents Committee.
Page t of 3
Montana Resident Agent
FIRST WEST, INO.
Bozeman, Montane 59716,
I
i
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use
i
in the performance of the Contract,which is incorporated herein by reference.
2. With respect to Owner,this obligation shall be null and void if Contractor:
2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and
2.2 Defends, indemnifies, and holds harmless Owner from all claims,demands,liens,or suits alleging
non-payment by Contractor by any person or entity who furnished labor, materials, or equipment
for use in the performance of the Contract, provided Owner has promptly notified Contractor and
Surety (at the addresses described in Paragraph 12) of any claims, demands, Iiens, or suits and
tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment,
I directly or indirectly,for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to
Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner,
stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the
claim.
4.2 Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy,or notice thereof, to Owner, within
90 days after having last performed labor or last furnished materials or equipment included in the
t in with substantial accuracy, the amount of the claim and the name of the arty to
clam stating, y, P
whom the materials or equipment were furnished or supplied,or for whom the labor was done or
performed;and
2. Have either received a rejection in whole or in part from Contractor, or not received within 30
days of furnishing the above notice any communication from Contractor by which Contractor had
indicated the claim will be paid directly or indirectly;and
3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the
address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a
claim is being made under this Bond and enclosing a copy of the previous written notice
furnished to Contractor.
5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is
sufficient compliance.
6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's
expense take the following actions:
6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by Surety.
f 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the
II Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner
accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are
dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use
the funds for the completion of the Work.
EJCDC C-615 Payment Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 3
1
t
9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated
to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this
Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related
subcontracts,purchase orders,and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one
year from the date(1)on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3,
or (2) on which the last Iabor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the
signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory requirement in the location where the
Contract was to be performed,any provision in this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed
incorporated herein.The intent is that this Bond shall be construed as a statutory Bond and not as a common
law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor
shall promptly furnish a copy of this Bond or shall permit a copy to be made.
15. Definitions
15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier
subcontractor of Contractor, to furnish labor, materials,or equipment for use in the performance of
the Contract. The intent of this Bond shall be to include without limitation in the terms "labor,
materials or equipment"that part of water, gas, power, light, heat,oil, gasoline, telephone service,
or rental equipment used in the Contract, architectural and engineering services required for
performance of the Work of Contractor and Contractor's subcontractors, and all other items for
which a mechanic's lieu may be asserted in the jurisdiction where the labor, materials, or
equipment were furnished.
15.2 Contract: The agreement between Owner and Contractor identified on the signature page,
including all Contract Documents and changes thereto.
15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor
as required by the Contract, or to perform and complete or otherwise comply with the other terns
thereof.
FOR INFORMATION ONLY—(Name,Address,and Telephone)
Surety Agency or Broker: First West, Inc., 1905 Stadium Dr., Bozeman,MT 59715,406-587-5111
Owner's Representative(Engineer or ether):
I
EJCDC C-61$Payment Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 3 or 3
1
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5279382
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No.
American Fire and Casualty Company Liberty Mutual Insurance Company
.I The Ohio Casualty Insurance Company Peerless Insurance Company
IWestAmerican Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation
duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein
collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, RICHARD B.DEMING,JULIE A.BENNETT,TYLER P.DELANEY,
WILLIAM R.PRICE,DEBBIE DUNEMAN,DONNA K.TUCEK,MARK COLLINS,BRYAN D.HALL..............................................................................................................................................................
..............................................................................................................................................................................................................................................................................................................................
all of the city of BOZEMAN state of MONTANA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge
and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF,this Power ofAttomey has been subscribed by an authorized officeror official of the Companies and the corporate seals of the Companies have been affixed thereto this
29th day of March 2012,
American Fire and Casualty Company
U90
The Ohio Casualty Insurance CompanyDA4t „ Liberty Mutual Insurance Company a)
I'dw1iED fl +�� Peerless Insurance Company E
) ri SEAL i SEASEAI,ui °qc ca e ,�� �� � Cs cQI West American Insurance Company M
CN tY +au
td+O+ By: cOC
a O Gregory W.Davenport,Assistant Secretary
STATE OF WASHINGTON ss _ C
COUNTY OF KING
v d On this 29th day of March 2012 ,before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and >,W
110-4- M Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being
L. > authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C E
CL
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. Q M
N °`,J x O
'8
O L = NOTARY _ By: ��•� d C
PU:MC KID Riley,Nota Public 3 td
ao
O E
O
e This Power of Attorney is made and executed pursuant to and by authority of the following By-laws andAi ih'orizatI ns of American Fire and Casualty Company,The Ohio Casualty Insurance c
y Company,Liberty Mutual Insurance Company,WestAmerican Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows:
l0 ` O C
,C a> ARTICLE IV-OFFICERS-Section 12.Power of Attomey.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject ,d
O,e to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, :a ?
ai acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective d
C` powers of attorney, -
ey,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so >
executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under s C
a v the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. 00
f> ` ARTICLE All-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, �CO
v and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, O I
seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their v r
respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O T
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such
attomey-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other
surety obligations.
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and biding upon the Company with the
same force and effect as though manually affixed.
I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West
American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20
RN F/��4 ;-Y IN8( � cU y�c� g+l'2AAILF� �y(Aka
-A "b .a
Q - Q In t efreo 1961 p By:
r SEAL 5` 6f AT. " ` z x SEAL = David M.Carey,Assistant Secretary
Ns EftE,tat� 4Nr'S:no"
44,SShU.
POA-AFCC,LMIC,OCIC,PIC&WAIC
LMS 12873 012012
OMDAEXC-01 MSTOPPEL
ACORO DATE(MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE F4/29/2021
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
j this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Marci Stoppel, CISR
First West,Inc. PHONE— 406 922-6030 FAX 406 587-9162
P.O.Box 1800 (A/C,No,Ext):( ) (A/C,Nok( )
Bozeman,MT 59771 ADDRIESS:mstoppel@1stwestinsurance.com
_INSURERS AFFORDING COVERAGE NAIC#
INSURERA:Cincinnati Insurance Company-10677
INSURED INSURER B:Montana State Fund 15819
Omdahl Excavation&Utilities,Inc. INSURERC:
659 Morning Mist Rd. INSURER D: _
Manhattan,MT 59741-8556
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
L R TYPE OF INSURANCE p VWVD POLICY NUMBER M/D ID LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE__ $ 1,000,000
CLAIMS-MADE X OCCUR EPP 0024533 5/15/2019 5/15/2022 DAMAGE TO RENTED 500,000
X PREMIS $ _
MED EXP(Any oneperson) $ 10,000
PERSONAL 8,ADV INJURY $ 11000/000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY " JECT � LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY EO ac aeDtSINGLE LIMIT $ 1,000,000
X ANY AUTO X EBA 0024533 5/15/2020 5/15/2021 BODILY INJURY Perperson) $
OWNED SCHEDULED
AUTOS ONLY _ AUTOS BODILY INJURY Per accident $
HIRED NON SV 4ED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident i$
Is
A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 1,000,000
EXCESS LIAB CLAIMS-MADE X EPP 0024533 5/15/2019 5/15/2022 AGGREGATE $ 1,000,000
DED X RETENTION$ 0 I Is
B WORKERS COMPENSATION X
AND EMPLOYERS'LIABILITY STATUTE ER
032643520 7/1/2020 7/1/2021 500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A F E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000
If yes,describe under 500 000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ '
A Leased/Rented EPP 0024533 5/15/2019 5/15/2022 Limit 300,000
I
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Rerrarks Schedule,may be attached if more space is required)
Byron&Bev Omdahl are excluded from Workers Compensation coverage.
Re:2021 South 6th Avenue Reconstruction Project
Certificate holder,Owner,and Engineer and Engineer's Conlsultants are additional insured for General Liability,provided requirement is part of a written
agreement currently in effect,per conditions and limitations of policy form GA472 09-17,available upon request.
Certificate holder is additional insured for Auto Liability,provided requirement is part of a written agreement currently in effect,per terms and conditions of
SEE ATTACHED ACORD 101
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Bozeman&State of Montana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
tY ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 1230
Bozeman,MT 59771-1230
AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:OMDAEXC-01 MSTOPPEL
LOC#: 1
ACORO' ADDITIONAL REMARKS SCHEDULE
��. Page 1 of 1
AGENCY NAMED INSURED
First West, Inc. Omdahl Excavation&Utilities,Inc.
659 Morning Mist Rd.
POLICYNUMBER Manhattan,-MT 59741-8556
Gallatin
EE PAGE 1
CARRIER NAIC CODE
EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
Description of Operations/Locations/Vehicles:
policy form AA288 01-16, available upon request.
Certificate holder is additional insured for Umbrella Liability, provided requirement is part of a written agreement currently in effect,
per terms and conditions of policy form US101 UM 12-04,available upon request.
45 Days cancellation notification provided per terms and conditions of policy form IA4087 08-11,available upon request.
Contractural Liability is provided per terms and conditions of policy form GA101 12-04,available upon request.
ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
This document has important legal consequences; consultation with an attorney is encouraged with respect to its
use or modification. This document should be adapted to the particular circumstances of the contemplated
Project and the controlling Laws and Regulations.
i
STANDARD GENERAL CONDITIONS
1 OF THE CONSTRUCTION CONTRACT
l Prepared by
I ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
1 and
Issued and Published Jointly by
\ - o
.'�A��
AMlNiLd ACECR COONQf OF F_V ri Vf£AISG C:O?1 PAViF.\ arfa\ a lwncmt
American Society National Society of
1 ASCEof Civil Engineers Professional Engineers
Professional Engineers in Privale Practice
AMERICAN COUNCIL OF ENGINEERING COMPANIES
IASSOCIATED GENERAL CONTRACTORS OF AMERICA
AMERICAN SOCIETY OF CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
I A Practice Division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
IEndorsed by
I �
CONSTRUCTION SPECIFICATIONS INSTITUTE
i
I
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between
Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a
change in one may necessitate a change in the other. Comments concerning their usage are contained in the
Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in
the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions
(EJCDC C-800,2007 Edition).
Copyright© 2007 National Society of Professional Engineers
1420 King Street, Alexandria,VA 22314-2794
(703)684-2882
www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W.,Washington,DC 20005
(202)347-7474
www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive,Reston, VA 20191-4400
(800) 548-2723
www.asce.org
Associated General Contractors of America
2300 Wilson Boulevard, Suite 400,Arlington,VA 22201-3308
(703)548-3118
www.agc.org
The copyright for this EJCDC document is owned jointly by the four
EJCDC sponsoring organizations and held in trust for their benefit by NSPE.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
i STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
I Page
1 Article 1 —Definitions and Terminology..........................................................................................................1
lil 1.01 Defined Terms............................................................................................................................... l
1.02 Terminology..................................................................................................................................5
1 I Article 2—Preliminary Matters............................................................................. .............6
2.01 Delivery of Bonds and Evidence of Insurance.............................................................................6
2.02 Copies of Documents....................................................................................................................6
2.03 Commencement of Contract Times;Notice to Proceed...............................................................6
2.04 Starting the Work..........................................................................................................................7
2.05 Before Starting Construction........................................................................................................7
2.06 Preconstruction Conference; Designation of Authorized Representatives..................................7
2.07 Initial Acceptance of Schedules....................................................................................................7
I Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8
3.01 Intent..............................................................................................................................................8
3.02 Reference Standards......................................................................................................................8
1 I 3.03 Reporting and Resolving Discrepancies.......................................................................................9
I 3.04 Amending and Supplementing Contract Documents...................................................................9
3.05 Reuse of Documents...................................................................................................................10
3.06 Electronic Data............................................................................................................................10
Article 4—Availability of Lands;Subsurface and Physical Conditions;Hazardous Environmental
1 Conditions;Reference Points.............................................................................
{ 4.01 Availability of Lands...................................................................................................................11
4.02 Subsurface and Physical Conditions...........................................................................................11
I 4.03 Differing Subsurface or Physical Conditions.............................................................................12
4.04 Underground Facilities................................................................................................................13
4.05 Reference Points.......................................................................................................................... 14
4.06 Hazardous Environmental Condition at Site..............................................................................14
I
Article 5—Bonds and Insurance...................................................................................................................... 16
5.01 Performance, Payment,and Other Bonds................................................................................... 16
5.02 Licensed Sureties and Insurers....................................................................................................16
5.03 Certificates of Insurance ............................................................................................................. 17
i5.04 Contractor's Insurance ............................................17
5.05 Owner's Liability Insurance........................................................................................................ 19
5.06 Property Insurance....................................................................................................................... 19
5.07 Waiver of Rights.........................................................................................................................20
5.08 Receipt and Application of Insurance Proceeds.........................................................................21
EJCDC C•700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page
5.09 Acceptance of Bonds and Insurance;Option to Replace...........................................................21
5.10 Partial Utilization,Acknowledgment of Property Insurer..........................................................22
Article 6-Contractor's Responsibilities ........................................................................................................22
6.01 Supervision and Superintendence...............................................................................................22
6.02 Labor;Working Hours................................................................................................................22
6.03 Services,Materials, and Equipment...........................................................................................22
6.04 Progress Schedule.......................................................................................................................23
6.05 Substitutes and"Or-Equals".......................................................................................................23
6.06 Concerning Subcontractors, Suppliers,and Others...........................
6.07 Patent Fees and Royalties ...........................................................................................................27
6.08 Permits.........................................................................................................................................27
6.09 Laws and Regulations.................................................................................................................28
6.10 Taxes ...........................................................................................................................................28
6.11 Use of Site and Other Areas........................................................................................................28
6.12 Record Documents......................................................................................................................29
6.13 Safety and Protection..................................................................................................................29
6.14 Safety Representative..................................................................................................................30
6.15 Hazard Communication Programs..............................................................................................30
6.16 Emergencies................................................................................................................................30
6.17 Shop Drawings and Samples......................................................................................................31
6.18 Continuing the Work...................................................................................................................32
6.19 Contractor's General Warranty and Guarantee..........................................................................33
6.20 Indemnification ...........................................................................................................................33
6.21 Delegation of Professional Design Services...............................................................................34
Article 7-Other Work at the Site...................................................................................................................35
7.01 Related Work at Site..........................................................................................•........................35
7.02 Coordination................................................................................................................................35
7.03 Legal Relationships.....................................................................................................................36
Article 8-Owner's Responsibilities...............................................................................................................36
8.01 Communications to Contractor...................................................................................................36
8.02 Replacement of Engineer............................................................................................................36
8.03 Furnish Data................................................................................................................................36
8.04 Pay When Due.............................................................................................................................36
8.05 Lands and Easements;Reports and Tests...................................................................................36
8.06 Insurance......................................................................................................................................36
8.07 Change Orders.............................................................................................................................37
8.08 Inspections,Tests, and Approvals..............................................................................................37
8.09 Limitations on Owner's Responsibilities...................................................................................37
8.10 Undisclosed Hazardous Environmental Condition....................................................................37
8.11 Evidence of Financial Arrangements..........................................................................................37
8.12 Compliance with Safety Program...............................................................................................37
Article 9-Engineer's Status During Construction.........................................................................................37
9.01 Owner's Representative..............................................................................................................37
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page ii
9.02 Visits to Site................................................................................................................................37
9.03 Project Representative.................................................................................................................38
9.04 Authorized Variations in Work ..................................................................................................38
9.05 Rejecting Defective Work...........................................................................................................38
9.06 Shop Drawings, Change Orders and Payments..........................................................................39
9.07 Determinations for Unit Price Work ..........................................................................................39
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39
9.09 Limitations on Engineer's Authority and Responsibilities........................................................39
9.10 Compliance with Safety Program...............................................................................................40
Article 10-Changes in the Work;Claims .....................................................................................................40
10.01 Authorized Changes in the Work...............................................................................................40
10.02 Unauthorized Changes in the Work............................................................................................41
10.03 Execution of Change Orders.......................................................................................................41
10.04 Notification to Surety..................................................................................................................41
I10.05 Claims..........................................................................................................................................41
Article 11 -Cost of the Work; Allowances;Unit Price Work.......................................................................42
8 11.01 Cost of the Work.........................................................................................................................42
11.02 Allowances .......................45
11.03 Unit Price Work..........................................................................................................................45
Article 12-Change of Contract Price; Change of Contract Times ...............................................................46
12.01 Change of Contract Price............................................................................................................46
12.02 Change of Contract Times..........................................................................................................47
12.03 Delays..........................................................................................................................................47
Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work.......................48
I13.01 Notice of Defects.........................................................................................................................48
I13.02 Access to Work...........................................................................................................................48
13.03 Tests and Inspections ..................................................................................................................49
13.04 Uncovering Work........................................................................................................................49
13.05 Owner May Stop the Work.........................................................................................................50
13.06 Correction or Removal of Defective Work................................................................................50
13.07 Correction Period........................................................................................................................50
13.08 Acceptance of Defective Work...................................................................................................51
13.09 Owner May Correct Defective Work .........................................................................................52
iArticle 14-Payments to Contractor and Completion....................................................................................52
14.01 Schedule of Values......................................................................................................................52
14.02 Progress Payments .............................................................................................................I........52
14.03 Contractor's Warranty of Title....................................................................................................55
14.04 Substantial Completion...............................................................................................................55
14.05 Partial Utilization........................................................................................................................56
14.06 Final Inspection...........................................................................................................................57
14.07 Final Payment..............................................................................................................................57
14.08 Final Completion Delayed..........................................................................................................58
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page iii
14.09 Waiver of Claims........................................................................................................................50
Article l5—Suspension of Work and Termination........................................................................................5A
15.01Ovvocr May Suspend Work.........................................................................................................59
l5]>2 Owner May Terminate for Cause...............................................................................................59
15.03 Owner May Terminate For Convenience...................................................................................6O
}51}4 Contractor May Stop Work oz Terminate...................................................................................M0
Articlel6—Dispute Resolution......................................................................................................................6l
l0Dl Methods and Procedures.............................................................................................................6l
Article l7—Miscellaneous--'—.------.--------------.------...—.--.------..6J
17.0I Giving Notice..............................................................................................................................6l
17.02 Computation nf Times................................................................................................................62 �
l71)3 Cumulative Remedies.................................................................................................................02
l7/)4 Survival nf Obligations-------------------------'—'---'—.----..62
17.05 Controlling Law..........................................................................................................................M2
17/00 Headings.----------------------------.---------------..62
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright 0 20m National Society of Professional Engineers for EJCmcwm rights reserved.
ARTICLE 1—DEFINITIONS AND TERAHNOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial
capital letters, the terms listed below will have the meanings indicated which are applicable to
both the singular and plural thereof. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify,
correct,or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between Owner and
Contractor covering the Work.
3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
1 prices for the Work to be performed.
6. Bidder—The individual or entity who submits a Bid directly to Owner.
I7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
J8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid
security of acceptable form,if any, and the Bid Form with any supplements.
I 9. Change Order—A document recommended by Engineer which is signed by Contractor and
Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the
Contract Price or the Contract Times,issued on or after the Effective Date of the Agreement.
I10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A
demand for money or services by a third party is not a Claim.
11. Contract—The entire and integrated written agreement between the Owner and Contractor
concerning the Work. The Contract supersedes prior negotiations, representations, or
agreements,whether written or oral.
l
EJCDC C-700 Standard General Conditions of the Construction Contract
I Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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—1
12. Contract Documents—Those items so designated in the Agreement. Only printed or hard
copies of the items listed in the Agreement are Contract Documents. Approved Shop
Drawings, other Contractor submittals, and the reports and drawings of subsurface and
physical conditions are not Contract Documents.
13. Contract Price The moneys payable by Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any; (ii) achieve Substantial Completion; and(iii) complete the Work so that it
is ready for final payment as evidenced by Engineer's written recommendation of final
payment.
15. Contractor—The individual or entity with whom Owner has entered into the Agreement.
16. Cost of the Work—See Paragraph 11.01 for definition.
17. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes
effective,but if no such date is indicated,it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
19. Engineer The individual or entity named as such in the Agreement.
20. Field Order—A written order issued by Engineer which requires minor changes in the Work
but which does not involve a change in the Contract Price or the Contract Times.
21. General Requirements—Sections of Division 1 of the Specifications.
22. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances
that may present a substantial danger to persons or property exposed thereto.
23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time.
24. Laws and Regulations;Laws or Regulations—Any and all applicable laws,rules,regulations,
ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and
courts having jurisdiction.
25. Liens-charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
26. Milestone—A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 2 of 62
27.Notice of Award—The written notice by Owner to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein,
Owner will sign and deliver the Agreement.
28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which
the Contract Times will commence to run and on which Contractor shall start to perform the
i Work under the Contract Documents.
I29. Owner—The individual or entity with whom Contractor has entered into the Agreement and
for whom the Work is to be performed.
30. PCBs—Polychlorinated biphenyls.
31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the
I sequence and duration of the activities comprising the Contractor's plan to accomplish the
Work within the Contract Times.
l 33. Project—The total construction of which the Work to be performed under the Contract
Documents may be the whole,or a part.
l 34.Project Manual—The bound documentary information prepared for bidding and constructing
the Work. A listing of the contents of the Project Manual, which may be bound in one or
more volumes,is contained in the table(s)of contents.
35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time.
36. Resident Project Representative—The authorized representative of Engineer who may be
assigned to the Site or any part thereof.
37. Samples—Physical examples of materials,equipment,or workmanship that are representative
of some portion of the Work and which establish the standards by which such portion of the
Work will be judged.
38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
1 Contractor's Applications for Payment.
I
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 3 of 62
40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information which are specifically prepared or assembled by or for Contractor and submitted
by Contractor to illustrate some portion of the Work.
41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon
which the Work is to be performed,including rights-of-way and easements for access thereto,
and such other lands furnished by Owner which are designated for the use of Contractor.
42. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
43. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
44. Substantial Completion The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the purposes for which it is intended.
The terms "substantially complete" and "substantially completed" as applied to all or part of
the Work refer to Substantial Completion thereof.
45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an
award.
46. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by Contractor or Subcontractor.
48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications, cable television, water, wastewater,
storm water,other liquids or chemicals,or traffic or other control systems.
49. Unit Price Work—Work to be paid for on the basis of unit prices.
50. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction, and
furnishing, installing, and incorporating all materials and equipment into such construction,
all as required by the Contract Documents.
51. Work Change Directive—A written statement to Contractor issued on or after the Effective
Date of the Agreement and signed by Owner and recommended by Engineer ordering an
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 4 of 62
addition, deletion, or revision in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work is to be performed or to
emergencies. A Work Change Directive will not change the Contract Price or the Contract
Times but is evidence that the parties expect that the change ordered or documented by a
Work Change Directive will be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if any, on the Contract Price or Contract
Times.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in
the Bidding Requirements or Contract Documents,have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of professional judgment
by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or adjectives of like effect or import are used to describe an action or
determination of Engineer as to the Work. It is intended that such exercise of professional
judgment, action, or determination will be solely to evaluate, in general, the Work for
compliance with the information in the Contract Documents and with the design concept of
the Project as a functioning whole as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The use of any such term or adjective is
not intended to and shall not be effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work, or any duty or authority to undertake
responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the
Contract Documents.
C. Day:
1. The word "day" means a calendar day of 24 hours measured from midnight to the next
midnight.
D. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory,faulty,or deficient in that it:
a. does not conform to the Contract Documents;or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents;or
c. has been damaged prior to Engineer's recommendation of frlal payment (unless
responsibility for the protection thereof has been assumed by Owner at Substantial
Completion in accordance with Paragraph 14.04 or 14.05).
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 5 of 62
E. Furnish, Install, Perform, Provide:
1. The word "furnish," when used in connection with services, materials, or equipment, shall
mean to supply and deliver said services, materials, or equipment to the Site (or some other
specified location)ready for use or installation and in usable or operable condition.
2. The word "install," when used in connection with services, materials, or equipment, shall
mean to put into use or place in final position said services,materials,or equipment complete
and ready for intended use.
3. The words "perform" or "provide," when used in connection with services, materials, or
equipment, shall mean to furnish and install said services, materials, or equipment complete
and ready for intended use.
4. When "furnish," "install," "perform," or "provide" is not used in connection with services,
materials, or equipment in a context clearly requiring an obligation of Contractor, "provide"
is implied.
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—PRELE UNARY MATTERS
2.01 Delivery of Bonds and Evidence of Insurance
A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be required to furnish.
B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured identified in the Supplementary
Conditions,certificates of insurance (and other evidence of insurance which either of them or any
additional insured may reasonably request) which Contractor and Owner respectively are
required to purchase and maintain in accordance with Article 5.
2.02 Copies of Documents
A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times;Notice to Proceed
A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the
Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever
date is earlier.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 6 of 62
2.04 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence to
run. No Work shall be done at the Site prior to the date on which the Contract Times commence
to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely
review:
1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting
and completing the various stages of the Work, including any Milestones specified in the
Contract Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of
items which when added together equal the Contract Price and subdivides the Work into
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include an appropriate amount of overhead and
profit applicable to each item of Work.
2.06 Preconstruction Conference;Designation of Authorized Representatives
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,
and others as appropriate will be held to establish a working understanding among the parties as
to the Work and to discuss the schedules referred to in Paragraph 2.05.A,procedures for handling
Shop Drawings and other submittals, processing Applications for Payment, and maintaining
required records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to
act as its authorized representative with respect to the services and responsibilities under the
Contract. Such individuals shall have the authority to transmit instructions, receive information,
render decisions relative to the Contract,and otherwise act on behalf of each respective party.
2.07 Initial Acceptance of Schedules
A. At least 10 days before submission of the first Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be held to review for acceptability to
Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.
Contractor shall have an additional 10 days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be made to Contractor until acceptable
schedules are submitted to Engineer.
1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of
the Work to completion within the Contract Times. Such acceptance will not impose on
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Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of
the Work, nor interfere with or relieve Contractor from Contractor's full responsibility
therefor.
2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required submittals.
3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to component parts of the Work.
ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
Owner.
C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications,Codes,Laws,and Regulations
I. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations,whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids),except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or
Engineer, or any of their subcontractors, consultants, agents, or employees, from those set
forth in the Contract Documents. No such provision or instruction shall be effective to assign
to Owner,Engineer,or any of their officers,directors,members,partners, employees, agents,
consultants, or subcontractors, any duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake responsibility inconsistent with the provisions
of the Contract Documents.
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3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein and all applicable field measurements. Contractor
shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy
which Contractor discovers, or has actual knowledge of, and shall obtain a written
interpretation or clarification from Engineer before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work. If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of
any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall
not proceed with the Work affected thereby(except in an emergency as required by Paragraph
6.16.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual
knowledge thereof.
IB. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
1 the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and:
a. the provisions of any standard, specification, manual, or code, or the instruction of any
Supplier (whether or not specifically incorporated by reference in the Contract
Documents);or
Ib. the provisions of any Laws or Regulations applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would result in
violation of such Law or Regulation).
3.04 Amending and Supplementing Contract Documents
IA. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by either a Change Order or a Work
Change Directive.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized,by one or more of the following ways:
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1. A Field Order;
2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its
consultants,including electronic media editions;or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of Owner and Engineer and specific
written verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or
Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are
limited to the printed copies (also known as hard copies). Files in electronic media format of text,
data, graphics, or other types are furnished only for the convenience of the receiving party. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole
risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
B. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving party
shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day
acceptance period will be corrected by the transferring party.
C. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages,operating systems, or computer hardware differing
from those used by the data's creator.
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ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions
not of general application but specifically related to use of the Site with which Contractor must
comply in performing the Work. Owner will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the
Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site
or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.
B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of
record legal title and legal description of the lands upon which the Work is to be performed and
Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction
lien against such lands in accordance with applicable Laws and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to Owner of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents,consultants,or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings;or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data,interpretations, opinions,or information.
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4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate;or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such
condition. Contractor shall not further disturb such condition or perform any Work in connection
therewith (except as aforesaid)until receipt of written order to do so.
B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A,Engineer will
promptly review the pertinent condition, determine the necessity of Owner's obtaining additional
exploration or tests with respect thereto, and advise Owner in writing(with a copy to Contractor)
of Engineer's findings and conclusions.
C. Possible Price and Times Adjustments:
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent
that the existence of such differing subsurface or physical condition causes an increase or
decrease in Contractor's cost of, or time required for, performance of the Work; subject,
however,to the following:
a. such condition must meet any one or more of the categories described in Paragraph
4.03.A;and
b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract
Price will be subject to the provisions of Paragraphs 9.07 and 11.03.
2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract; or
b. the existence of such condition could reasonably have been discovered or revealed as a
result of any examination, investigation, exploration, test, or study of the Site and
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contiguous areas required by the Bidding Requirements or Contract Documents to be
conducted by or for Contractor prior to Contractor's making such final commitment; or
c. Contractor failed to give the written notice as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be
made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any
of their officers, directors, members, partners, employees, agents, consultants, or
subcontractors shall be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to Owner or Engineer by the owners of such Underground
Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others;and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination of the Work with the owners of such Underground Facilities, including
Owner,during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was
not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract
Documents, Contractor shall, promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any Work in connection therewith
(except in an emergency as required by Paragraph 6.16.A), identify the ownef of such
Underground Facility and give written notice to that owner and to Owner and Engineer.
Engineer will promptly review the Underground Facility and determine the extent, if any, to
which a change is required in the Contract Documents to reflect and document the
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consequences of the existence or location of the Underground Facility. During such time,
Contractor shall be responsible for the safety and protection of such Underground Facility.
2. If Engineer concludes that a change in the Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and document such consequences. An
equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the
extent that they are attributable to the existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated with reasonable accuracy in the
Contract Documents and that Contractor did not know of and could not reasonably have been
expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price
or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph
10.05.
4.05 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and property monuments, and shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to Engineer whenever any reference point or
property monument is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such
reference points or property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to Owner relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer,or any of their officers,directors, members,partners,
employees, agents,consultants,or subcontractors with respect to:
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.
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C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors,Suppliers,or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby(except in an emergency as required by Paragraph
6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in
writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to
retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly
after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to
timely obtain required permits and provide Contractor the written notice required by Paragraph
4.06.E.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after Owner has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered safe for the resumption of Work; or (ii) specifying any special conditions under
which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement
to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or
both, as a result of such Work stoppage or such special conditions under which Work is agreed to
I be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph
10.05.
t F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
Ireasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then Owner may order the portion of the Work that is in the area affected by such.
I condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to
or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a
result of deleting such portion of the Work, then either party may make a Claim therefor as
I provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by
Owner's own forces or others in accordance with Article 7.
G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them from and
against all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition,
provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the
Drawings or Specifications or identified in the Contract Documents to be included within the
scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual
or entity from and against the consequences of that individual's or entity's own negligence.
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H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members,partners,employees, agents,
consultants,and subcontractors of each and any of them from and against all claims,costs,losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition created by Contractor or by anyone for
whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to
indemnify any individual or entity from and against the consequences of that individual's or
entity's own negligence.
I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5—BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and payment of all of Contractor's
obligations under the Contract Documents. These bonds shall remain in effect until one year after
the date when final payment becomes due or until completion of the correction period specified
in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or
by the Contract Documents. Contractor shall also furnish such other bonds as are required by the
Contract Documents.
B. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's
authority to bind the surety. The evidence of authority shall show that it is effective on the date
the agent or attorney-in-fact signed each bond.
C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part of the Project is located or it ceases
to meet the requirements of Paragraph 5.0l.B, Contractor shall promptly notify Owner and
Engineer and shall, within 20 days after the event giving rise to such notification,provide another
bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed
or authorized in the jurisdiction in which the Project is located to issue bonds or insurance
policies for the limits and coverages so required. Such surety and insurance companies shall also
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meet such additional requirements and qualifications as may be provided in the Supplementary
Conditions.
5.03 Certificates of Insurance
A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee
identified in the Supplementary Conditions, certificates of insurance (and other evidence of
insurance requested by Owner or any other additional insured) which Contractor is required to
purchase and maintain.
B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee
identified in the Supplementary Conditions, certificates of insurance (and other evidence of
insurance requested by Contractor or any other additional insured) which Owner is required to
purchase and maintain.
C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance
with these insurance requirements or failure of Owner to identify a deficiency in compliance from
the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain
such insurance.
D. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor.
1 E. The insurance and insurance limits required herein shall not be deemed as a limitation on
Contractor's liability under the indemnities granted to Owner in the Contract Documents.
1 5.04 Contractor's Insurance
I A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being
performed and as will provide protection from claims set forth below which may arise out of or
result from Contractor's performance of the Work and Contractor's other obligations under the
Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier,
or by anyone directly or indirectly employed by any of them to perform any of the Work, or by
anyone for whose acts any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees;
I3. claims for damages because of bodily injury, sickness or disease,or death of any person other
than Contractor's employees;
t 4. claims for damages insured by reasonably available personal injury liability coverage which
l are sustained:
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1
a. by any person as a result of an offense directly or indirectly related to the employment of
such person by Contractor,or
b. by any other person for any other reason;
5. claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located,including loss of use resulting therefrom; and
6. claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership,maintenance or use of any motor vehicle.
B. The policies of insurance required by this Paragraph 5.04 shall:
1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be
written on an occurrence basis, include as additional insureds (subject to any customary
exclusion regarding professional liability) Owner and Engineer, and any other individuals or
entities identified in the Supplementary Conditions, all of whom shall be listed as additional
insureds, and include coverage for the respective officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional insureds shall provide primary
coverage for all claims covered thereby;
2. include at least the specific coverages and be written for not less than the limits of liability
provided in the Supplementary Conditions or required by Laws or Regulations, whichever is
greater;
3. include contractual liability insurance covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20;
4. contain a provision or endorsement that the coverage afforded will not be canceled,materially
changed or renewal refused until at least 30 days prior written notice has been given to Owner
and Contractor and to each other additional insured identified in the Supplementary
Conditions to whom a certificate of insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide);
5. remain in effect at least until final payment and at all times thereafter when Contractor may
be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07;
and
6. include completed operations coverage:
a. Such insurance shall remain in effect for two years after final payment.
b. Contractor shall furnish Owner and each other additional insured identified in the
Supplementary Conditions, to whom a certificate of insurance has been issued, evidence
satisfactory to Owner and any such additional insured of continuation of such insurance at
final payment and one year thereafter.
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5.05 Owner's Liability Insurance
A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner,
at Owner's option, may purchase and maintain at Owner's expense Owner's own liability
insurance as will protect Owner against claims which may arise from operations under the
Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the amount of the full replacement cost thereof
(subject to such deductible amounts as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them, each of whom is deemed to have an insurable interest and shall be listed as a loss
payee;
2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake,
collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations,
1 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.
i 3. include expenses incurred in the repair or replacement of any insured property (including but
( not limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the Site or at another location that was agreed to in
writing by Owner prior to being incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by Owner;
6. include testing and startup; and
7. be maintained in effect until final payment is made unless otherwise agreed to in writing by
Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to
whom a certificate of insurance has been issued.
B. Owner shall purchase and maintain such equipment breakdown insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which
will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
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members, partners, employees, agents, consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and shall be listed as a loss payee.
C. All the policies of insurance (and the certificates or other evidence thereof) required to be
purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal
refused until at least 30 days prior written notice has been given to Owner and Contractor and to
each other loss payee to whom a certificate of insurance has been issued and will contain waiver
provisions in accordance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified
in this Paragraph 5.06 to protect the interests of Contractor,Subcontractors,or others in the Work
to the extent of any deductible amounts that are identified in the Supplementary Conditions. The
risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors,
or others suffering any such loss, and if any of them wishes property insurance coverage within
the limits of such amounts,each may purchase and maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other special insurance be included in the property insurance
policies provided under this Paragraph 5.06,Owner shall, if possible,include such insurance, and
the cost thereof will be charged to Contractor by appropriate Change Order. Prior to
commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not
such other insurance has been procured by Owner.
5.07 Waiver of Rights
A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will
protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities
identified in the Supplementary Conditions as loss payees (and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them) in such
policies and will provide primary coverage for all losses and damages caused by the perils or
causes of loss covered thereby. All such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will have no rights of recovery against any of
the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other
and their respective officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and damages caused by, arising out of or
resulting from any of the perils or causes of loss covered by such policies and any other property
insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors
and Engineer, and all other individuals or entities identified in the Supplementary Conditions as
loss payees (and the officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them) under such policies for losses and damages so caused.
None of the above waivers shall extend to the rights that any party making such waiver may have
to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so
issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of each and any
of them for:
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1. loss due to business interruption, loss of use, or other consequential loss extending beyond
direct physical loss or damage to Owner's property or the Work caused by, arising out of, or
resulting from fire or other perils whether or not insured by Owner; and
2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting
from fire or other insured peril or cause of loss covered by any property insurance maintained
on the completed Project or part thereof by Owner during partial utilization pursuant to
Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final
payment pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss
referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment
of any such loss, damage, or consequential loss, the insurers will have no rights of recovery
against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners,
employees, agents,consultants and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with
Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner
shall deposit in a separate account any money so received and shall distribute it in accordance
with such agreement as the parties in interest may reach. ff no other special agreement is reached,
the damaged Work shall be repaired or replaced, the moneys so received applied on account
thereof, and the Work and the cost thereof covered by an appropriate Change Order.
B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of
the parties in interest shall object in writing within 15 days after the occurrence of loss to
Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make
settlement with the insurers in accordance with such agreement as the parties in interest may
reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall
adjust and settle the loss with the insurers and, if required in writing by any party in interest,
Owner as fiduciary shall give bond for the proper performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to Replace
A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of
the bonds or insurance required to be purchased and maintained by the other party in accordance
with Article 5 on the basis of non-conformance with the Contract Documents,the objecting party
shall so notify the other party in writing within 10 days after receipt of the certificates (or other
evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to
the other such additional information in respect of insurance provided as the other may
reasonably request. If either party does not purchase or maintain all of the bonds and insurance
required of such party by the Contract Documents, such party shall notify the other party in
l writing of such failure to purchase prior to the start of the Work, or of such failure to maintain
prior to any change in the required coverage. Without prejudice to any other right or remedy, the
I other party may elect to obtain equivalent bonds or insurance to protect such other parry's
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interests at the expense of the party who was required to provide such coverage, and a Change
Order shall be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property Insurer
A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall
commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have
acknowledged notice thereof and in writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance shall consent by endorsement on the
policy or policies, but the property insurance shall not be canceled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction. Contractor shall not be
responsible for the negligence of Owner or Engineer in the design or specification of a specific
means,method, technique, sequence,or procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
B. At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without written notice to Owner and Engineer except
under extraordinary circumstances.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work
and perform construction as required by the Contract Documents. Contractor shall at all times
maintain good discipline and order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at the
Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at
the Site shall be performed during regular working hours. Contractor will not permit the
performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written
consent(which will not be unreasonably withheld) given after prior written notice to Engineer.
6.03 Services,Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials,equipment,labor, transportation,construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
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B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source,kind, and quality of materials and equipment.
C. All materials and equipment shall be stored, applied, installed, connected, erected, protected,
used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except
as otherwise may be provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided below.
1. Contractor shall submit to Engineer for acceptance(to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will not result in changing the Contract
Times. Such adjustments will comply with any provisions of the General Requirements
applicable thereto.
2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Times
may only be made by a Change Order.
6.05 Substitutes and "Or-Equals"
IA. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
1 description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or-equal" item or no substitution is permitted, other items of material or equipment or
material or equipment of other Suppliers may be submitted to Engineer for review under the
circumstances described below.
I 1. "Or-Equal"Items: If in Engineer's sole discretion an item of material or equipment proposed
by Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by Engineer as an "or-equal" item, in
I which case review and approval of the proposed item may, in Engineer's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that:
I1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service.
b. Contractor certifies that,if approved and incorporated into the Work:
1) there will be no increase in cost to the Owner or increase in Contract Times; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. if in Engineer's sole discretion an item of material or equipment proposed by Contractor
does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by Engineer from anyone other than
Contractor.
c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as
supplemented by the General Requirements, and as Engineer may decide is appropriate
under the circumstances.
d. 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:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design,
b) be similar in substance to that specified, and
c) be suited to the same use as that specified;
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of Substantial Completion on time,
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with Owner for other work on the Project) to adapt the design to the proposed
substitute item, and
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed substitute item from that specified,and
b) available engineering, sales,maintenance,repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and claims of
other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by Engineer. Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents. The requirements for review by Engineer
will be similar to those provided in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B.Engineer may require
Contractor to furnish additional data about the proposed substitute item.Engineer will be the sole
judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until
I Engineer's review is complete, which will be evidenced by a Change Order in the case of a
substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in
Iwriting of any negative determination.
1 D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute.
E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13.Whether or not
Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall
reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for
1 making changes in the Contract Documents (or in the provisions of any other direct contract with
Owner)resulting from the acceptance of each proposed substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal"at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a
replacement, against whom Owner may have reasonable objection. Contractor shall not be
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required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection.
B. If the Supplementary Conditions require the identity of certain Subcontractors,Suppliers,or other
individuals or entities to be submitted to Owner in advance for acceptance by Owner by a
specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list
thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing
or by failing to make written objection thereto by the date indicated for acceptance or objection in
the Bidding Documents or the Contract Documents)of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis of reasonable objection after due
investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor,
Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in
the cost occasioned by such replacement, and an appropriate Change Order will be issued. No
acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the
Contract Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between Owner or Engineer and any such Subcontractor,
Supplier or other individual or entity;nor
2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of
any moneys due any such Subcontractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to communicate with Engineer through Contractor.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the
Work to be performed by any specific trade.
G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will
contain provisions whereby the Subcontractor or Supplier waives all rights against Owner,
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Contractor, Engineer, and all other individuals or entities identified in the Supplementary
Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of them) for all losses and
damages caused by, arising out of,relating to, or resulting from any of the perils or causes of loss
covered by such policies and any other property insurance applicable to the Work. If the insurers
on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,
Contractor will obtain the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product, or device is specified in the Contract Documents for use in
the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is
subject to patent rights or copyrights calling for the payment of any license fee or royalty to
others,the existence of such rights shall be disclosed by Owner in the Contract Documents.
i B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
Jharmless 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,
Iand 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
I resulting from the incorporation in the Work of any invention, design, process,product, or device
specified in the Contract Documents,but not identified as being subject to payment of any license
fee or royalty to others required by patent rights or copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners,employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation in the Work of any invention,
design, process,product,or device not specified in the Contract Documents.
6.08 Permits
I A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
I necessary for the prosecution of the Work which are applicable at the time of opening of Bids,or,
q if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service to the Work.
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6.09 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective
Date of the Agreement if there were no Bids)having an effect on the cost or time of performance
of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner
and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
6.10 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner or occupant because of the performance of the
Work, Contractor shall promptly settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution proceeding or at law.
3. To the fullest extent permitted by Laws and Regulations,Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants and subcontractors of each and any of them from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any claim or action, legal or equitable, brought
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by any such owner or occupant against Owner, Engineer, or any other party indemnified
hereunder to the extent caused by or based upon Contractor's performance of the Work.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery, and surplus
materials and shall restore to original condition all property not designated for alteration by the
Contract Documents.
D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written
interpretations and clarifications in good order and annotated to show changes made during
construction. These record documents together with all approved Samples and a counterpart of
all approved Shop Drawings will be available to Engineer for reference. Upon completion of the
Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for
Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage,injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein,whether in storage on or
off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal,relocation,or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
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shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal,relocation,and replacement of their property.
C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any.
The Supplementary Conditions identify any Owner's safety programs that are applicable to the
Work.
D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety
program with which Owner's and Engineer's employees and representatives must comply while
at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part,by Contractor, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of them to perform any of the Work,or
anyone for whose acts any of them may be liable, shall be remedied by Contractor (except
damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions
of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them
may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or
indirectly employed by any of them).
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and Engineer has issued a notice to Owner and
Contractor in accordance with Paragraph 14.073 that the Work is acceptable (except as
otherwise expressly provided in connection with Substantial Completion).
6.14 Safety Representative
A. Contractor shall designate a qualified and experienced safety representative at the Site whose
duties and responsibilities shall be the prevention of accidents and the maintaining and
supervising of safety precautions and programs.
6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or
other hazard communication information required to be made available to or exchanged between
or among employers at the Site in accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give Engineer prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If Engineer determines that a change in the Contract Documents is
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required because of the action taken by Contractor in response to such an emergency, a Work
Change Directive or Change Order will be issued.
6.17 Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in
accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each
submittal will be identified as Engineer may require.
1. Shop Drawings:
a. Submit number of copies specified in the General Requirements.
b. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria,materials,and similar data to show
Engineer the services, materials, and equipment Contractor proposes to provide and to
enable Engineer to review the information for the limited purposes required by Paragraph
6.17.D.
2. Samples:
a. Submit number of Samples specified in the Specifications.
b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog
numbers, the use for which intended and other data as Engineer may require to enable
Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of
Submittals, any related Work performed prior to Engineer's review and approval of the pertinent
submittal will be at the sole expense and responsibility of Contractor.
C. Submittal Procedures:
1. Before submitting each Shop Drawing or Sample,Contractor shall have:
a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and
Samples and with the requirements of the Work and the Contract Documents;
b. determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog numbers,
and similar information with respect thereto;
c. determined and verified the suitability of all materials offered with respect to the
indicated application, fabrication, shipping, handling, storage, assembly, and installation
pertaining to the performance of the Work; and
d. determined and verified all information relative to Contractor's responsibilities for
means, methods, techniques, sequences, and procedures of construction, and safety
precautions and programs incident thereto.
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2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents with respect to Contractor's review
and approval of that submittal.
3. With each submittal, Contractor shall give Engineer specific written notice of any variations
that the Shop Drawing or Sample may have from the requirements of the Contract
Documents. This notice shall be both a written communication separate from the Shop
Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop
Drawing or Sample submitted to Engineer for review and approval of each such variation.
D. Engineer's Review:
1. Engineer will provide timely review of Shop Drawings and Samples in accordance 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 (except where a particular means,method, technique,sequence,or
procedure of construction is specifically and expressly called for by the Contract Documents)
or to safety precautions or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions.
3. Engineer's review and approval shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each
such variation by specific written notation thereof incorporated in or accompanying the Shop
Drawing or Sample. Engineer's review and approval shall not relieve Contractor from
responsibility for complying with the requirements of Paragraph 6.17.C.1.
E. Resubmittal Procedures:
1. Contractor shall make corrections required by Engineer and shall return the required number
of corrected copies of Shop Drawings and submit, as required, new Samples for review and
approval. Contractor shall direct specific attention in writing to revisions other than the
corrections called for by Engineer on previous submittals.
6.18 Continuing the Work
A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or
disagreements with Owner. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor
may otherwise agree in writing.
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6.19 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the
Contract Documents and will not be defective. Engineer and its officers, directors, members,
partners, employees, agents, consultants, and subcontractors shall be entitled to rely on
representation of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by Engineer or any payment related
thereto by Owner;
4. use or occupancy of the Work or any part thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice
of acceptability by Engineer;
6. any inspection,test,or approval by others; or
7. any correction of defective Work by Owner.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs,losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work,provided that any such claim, cost, loss, or damage is
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible
property (other than the Work itself), including the loss of use resulting therefrom but only to the
extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier,or
any individual or entity directly or indirectly employed by any of them to perform any of the
Work or anyone for whose acts any of them may be liable.
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B. In any and all claims against Owner or Engineer or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or
personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of them to perform any of the Work,or
anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph
6.20.A shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the
liability of Engineer and Engineer's officers, directors, members, partners, employees, agents,
consultants and subcontractors arising out of.
1. the preparation or approval of, or the failure to prepare or approve maps, Drawings,opinions,
reports,surveys,Change Orders,designs,or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage.
6.21 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such services
are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures. Contractor shall not be required to provide professional
services in violation of applicable law.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents,Owner
and Engineer will specify all performance and design criteria that such services must satisfy.
Contractor shall cause such services or certifications to be provided by a properly licensed
professional, whose signature and seal shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals prepared by such professional. Shop
Drawings and other submittals related to the Work designed or certified by such professional, if
prepared by others,shall bear such professional's written approval when submitted to Engineer.
C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of
the services, certifications or approvals performed by such design professionals, provided Owner
and Engineer have specified to Contractor all performance and design criteria that such services
must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and
design drawings will be only for the limited purpose of checking for conformance with
performance and design criteria given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop Drawings and other submittals (except
design calculations and design drawings) will be only for the purpose stated in Paragraph
6.17.D.1.
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E. Contractor shall not be responsible for the adequacy of the performance or design criteria
required by the Contract Documents.
ARTICLE 7—OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the Project at the Site with Owner's employees, or
through other direct contracts therefor, or have other work performed by utility owners. If such
other work is not noted in the Contract Documents,then:
1. written notice thereof will be given to Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times that should be allowed as a
result of such other work,a Claim may be made therefor as provided in Paragraph 10.05.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and Owner, if Owner is performing other work with Owner's employees,proper and safe
access to the Site, provide a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such other work, and properly coordinate the Work with
theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to
properly connect or otherwise make its several parts come together and properly integrate with
such other work. Contractor shall not endanger any work of others by cutting, excavating, or
otherwise altering such work; provided, however, that Contractor may cut or alter others' work
with the written consent of Engineer and the others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable provisions for the benefit of Contractor
in said direct contracts between Owner and such utility owners and other contractors.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's Work except for latent defects and deficiencies in such other work.
7.02 Coordination
1 A. If Owner intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
l activities among the various contractors will be identified;
1 2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
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I
B. Unless otherwise provided in the Supplementary Conditions,Owner shall have sole authority and
responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other
contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs
incurred by Contractor as a result of the other contractor's wrongful actions or inactions.
C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for
the reasonable direct delay and disruption costs incurred by such other contractor as a result of
Contractor's wrongful action or inactions.
ARTICLE 8—OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions,Owner shall issue all communications
to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status under the Contract Documents shall be
that of the former Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0
and 14.07.C.
8.05 Lands and Easements;Reports and Tests
A. Owner's duties with respect to providing lands and easements and providing engineering surveys
to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to
Owner's identifying and making available to Contractor copies of reports of explorations and
tests of subsurface conditions and drawings of physical conditions relating to existing surface or
subsurface structures at the Site.
8.06 Insurance
A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property
insurance are set forth in Article 5.
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8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in
Paragraph 13.03.B.
8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods,techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Owner will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's obligations under the Contract Documents.
8.12 Compliance with Safety Program
lA. While at the Site, Owner's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Owner has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION
! 9.01 Owner's Representative
I A. Engineer will be Owner's representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner's representative during
construction are set forth in the Contract Documents.
9.02 Visits to Site
I �
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
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continuous inspections on the Site to check the quality or quantity of the Work.Engineer's efforts
will be directed toward providing for Owner a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On the basis of such visits and
observations, Engineer will keep Owner informed of the progress of the Work and will endeavor
to guard Owner against defective Work.
B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly,but without limitation,during or as a result
of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct,
control, or have authority over or be responsible for Contractor's means, methods, techniques,
sequences,or procedures of construction,or the safety precautions and programs incident thereto,
or for any failure of Contractor to comply with Laws and Regulations applicable to the
performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the Work. The authority and responsibilities
of any such Resident Project Representative and assistants will be as provided in the
Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in
Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the
Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and
limitations thereon of such other individual or entity will be as provided in the Supplementary
Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Times and
are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on Owner and also on Contractor, who shall perform the Work involved promptly. If
Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or
Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or
extent, if any, of any such adjustment, a Claim may be made therefor as provided in
Paragraph 10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject Work which Engineer believes to be defective, or that
Engineer believes will not produce a completed Project that conforms to the Contract Documents
or that will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated by the Contract Documents. Engineer will also have authority to require
special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the
Work is fabricated,installed, or completed.
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9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and
Samples,see Paragraph 6.17.
B. In connection with Engineer's authority, and limitations thereof, as to design calculations and
design drawings submitted in response to a delegation of professional design services, if any, see
Paragraph 6.21.
C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on
such matters before rendering a written decision thereon (by recommendation of an Application
for Payment or otherwise). Engineer's written decision thereon will be final and binding (except
as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner
and Contractor, subject to the provisions of Paragraph 10.05.
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work
A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. All matters in question and other matters between
Owner and Contractor arising prior to the date final payment is due relating to the acceptability of
the Work, and the interpretation of the requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to Engineer in writing within 30 days of the
event giving rise to the question.
B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If
1 Owner or Contractor believes that any such decision entitles them to an adjustment in the
Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date
i of Engineer's decision shall be the date of the event giving rise to the issues referenced for the
I purposes of Paragraph 10.05.B.
C. Engineer's written decision on the issue referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
I D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show
partiality to Owner or Contractor and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity.
9.09 Limitations on Engineer's Authority and Responsibilities
A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of
the Contract Documents nor any decision made by Engineer in good faith either to exercise or not
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exercise such authority or responsibility or the undertaking, exercise, or performance of any
authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract,
tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or agent of any of them.
B. Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Engineer will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier,or of any other individual or entity performing any of the Work.
D. Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection,
tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will
only be to determine generally that their content complies with the requirements of, and in the
case of certificates of inspections, tests, and approvals that the results certified indicate
compliance with,the Contract Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply
to the Resident Project Representative,if any, and assistants,if any.
9.10 Compliance with Safety Program
A. While at the Site, Engineer's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Engineer has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 10—CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a
Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed
with the Work involved which will be performed under the applicable conditions of the Contract
Documents(except as otherwise specifically provided).
B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any,
of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a
result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph
10.05.
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10.02 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Times with respect to any work performed that is not required by the Contract
Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the
case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.D.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer
covering:
1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08.A or Owner's
correction of defective Work under Paragraph 13.09,or(iii) agreed to by the parties;
2. changes in the Contract Price or Contract Times which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed in accordance with a
IWork Change Directive; and
3. changes in the Contract Price or Contract Times which embody the substance of any written
1 decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of
executing any such Change Order, an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents and applicable Laws and
I Regulations,but during any such appeal,Contractor shall carry on the Work and adhere to the
{ Progress Schedule as provided in Paragraph 6.18.A.
10.04 Notification to Surety
A. If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not
limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any
Isuch change.
10.05 Claims
i
A. Engineer's Decision Required. All Claims, except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A decision by Engineer shall be required as a
condition precedent to any exercise by Owner or Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by Laws and Regulations in respect of such
Claims.
B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant
i to Engineer and the other party to the Contract promptly(but in no event later than 30 days) after
the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with
the party making the Claim. Notice of the amount or extent of the Claim, with supporting data
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shall be delivered to the Engineer and the other party to the Contract within 60 days after the start
of such event (unless Engineer allows additional time for claimant to submit additional or more
accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be
prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in
Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each
Claim shall be accompanied by claimant's written statement that the adjustment claimed is the
entire adjustment to which the claimant believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and the claimant within 30 days after
receipt of the claimant's last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the opposing party, if any, take one of the
following actions in writing:
1. deny the Claim in whole or in part;
2. approve the Claim;or
3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole
discretion, it would be inappropriate for the Engineer to do so. For purposes of further
resolution of the Claim,such notice shall be deemed a denial.
D. In the event that Engineer does not take action on a Claim within said 30 days,the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or
10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor
invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or
denial.
F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE 11—COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs,except those excluded in
Paragraph 11.0l.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order or when a Claim for an
adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be
reimbursed to Contractor will be only those additional or incremental costs required because of
the change in the Work or because of the event giving rise to the Claim. Except as otherwise may
be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing
in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.013,and
shall include only the following items:
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1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by Owner and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. The expenses of performing Work outside of regular working hours, on
Saturday, Sunday,or legal holidays, shall be included in the above to the extent authorized by
Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with
Contractor with which to make payments, in which case the cash discounts shall accrue to
Owner. All trade discounts,rebates and refunds and returns from sale of surplus materials and
equipment shall accrue to Owner, and Contractor shall make provisions so that they may be
obtained.
3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable
to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with
the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the
Subcontractor's Cost of the Work and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this Paragraph 11.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by Owner with
the advice of Engineer, and the costs of transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs shall be in accordance with the terms of
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said rental agreements. The rental of any such equipment, machinery, or parts shall cease
when the use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable, as imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable,and royalty payments and fees for permits and licenses.
f. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work (except losses and damages within the deductible amounts of
property insurance established in accordance with Paragraph 5.06.1)), 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 of Owner. No such losses, damages, and expenses shall be
included in the Cost of the Work for the purpose of determining Contractor's fee.
g. The cost of utilities,fuel, and sanitary facilities at the Site.
h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
Site, express and courier services, and similar petty cash items in connection with the
Work.
i. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded:The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.AA, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
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limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.01.A.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of
Cost of the Work,Contractor's fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.13, 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.
11.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be performed for such sums and by
such persons or entities as may be acceptable to Owner and Engineer.
B. Cash Allowances:
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor(less any applicable trade discounts)of
materials and equipment required by the allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in the
Contract Price and not in the allowances, and no demand for additional payment on
account of any of the foregoing will be valid.
C. Contingency Allowance:
1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances, and the
Contract Price shall be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
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the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
Engineer subject to the provisions of Paragraph 9.07.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item.
D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance
with Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work; and
3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of
having incurred additional expense or Owner believes that Owner is entitled to a decrease in
Contract Price and the parties are unable to agree as to the amount of any such increase or
decrease.
ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIlVIES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted by the party making the Claim to the
Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the
Contract Price will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include an allowance for overhead and profit not
necessarily in accordance with Paragraph 12.0l.C.2); or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum is not reached under Paragraph 12.0l.B.2, on the basis of the
Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for
overhead and profit(determined as provided in Paragraph 12.0I.C).
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C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall
be 15 percent;
b. for costs incurred under Paragraph 11.0l.A.3,the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee
and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is
that the Subcontractor who actually performs the Work, at whatever tier, will be paid a
fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A.1
and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next lower tier Subcontractor;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4,
11.0I.A.5,and 11.01.B;
e. the amount of credit to be allowed by Contractor to Owner for any change which results
in a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to five percent of such net decrease;
and
f. when both additions and credits are involved in any one change, the adjustment in
Contractor's fee shall be computed on the basis of the net change in accordance with
Paragraphs 12.0l.C.2.a through 12.0l.C.2.e,inclusive.
12.02 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in
the Contract Times shall be based on written notice submitted by the party making the Claim to
the Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in accordance with the provisions of this
Article 12.
12.03 Delays
A. Where Contractor is prevented from completing any part of the Work within the Contract Times
due to delay beyond the control of Contractor, the Contract Times will be extended in an amount
equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph
12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or
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neglect by Owner, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7,fires,floods,epidemics, abnormal weather conditions,or acts of God.
B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or
interferes with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's
entitlement to an adjustment of the Contract Times is conditioned on such adjustment being
essential to Contractor's ability to complete the Work within the Contract Times.
C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,
abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the
control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,
then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment
is essential to Contractor's ability to complete the Work within the Contract Times. Such an
adjustment shall be Contractor's sole and exclusive remedy for the delays described in this
Paragraph 12.03.C.
D. Owner,Engineer, and their officers,directors,members,partners, employees,agents,consultants,
or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor
on or in connection with any other project or anticipated project.
E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be
given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this
Article 13.
13.02 Access to Work
A. Owner, Engineer, their consultants and other representatives and personnel of Owner,
independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them
of Contractor's safety procedures and programs so that they may comply therewith as applicable.
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13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. Owner shall employ and pay for the services of an independent testing laboratory to perform all
inspections,tests, or approvals required by the Contract Documents except:
1. for inspections,tests,or approvals covered by Paragraphs 13.03.0 and 13.03.1)below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph
13.04.13 shall be paid as provided in Paragraph 13.04.C; and
3. as otherwise specifically provided in the Contract Documents.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
I 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
I inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the
I required certificates of inspection or approval.
D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of
materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
I or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in
the Work. Such inspections,tests, or approvals shall be performed by organizations acceptable to
Owner and Engineer.
IE. 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,
Iuncover such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of Contractor's intention to cover the same and
Engineer has not acted with reasonable promptness in response to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer,be uncovered for Engineer's observation and replaced at Contractor's expense.
B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or
otherwise make available for observation, inspection, or testing as Engineer may require, that
portion of the Work in question,furnishing all necessary labor,material, and equipment.
i
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C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs)arising out of
or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of
work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05.
D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the
parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed Work will
conform to the Contract Documents, Owner may order Contractor to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the
benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any
surety for,or employee or agent of any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or
not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it
from the Project and replace it with Work that is not defective. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs)arising out of or relating to such correction or removal(including but not limited
to all costs of repair or replacement of work of others).
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair Owner's special warranty and
guarantee,if any,on said Work.
13.07 Correction Period
A. If within one year after the date of Substantial Completion (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents) or by any specific provision of the Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for Contractor's use
by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to
be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's
written instructions:
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1. repair such defective land or areas;or
2. correct such defective Work;or
3. if the defective Work has been rejected by Owner, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, Owner may have the
I defective Work corrected or repaired or may have the rejected Work removed and replaced. All
claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such correction or repair or such removal and
replacement(including but not limited to all costs of repair or replacement of work of others) will
be paid by Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work,the correction period for that item may start to run
from an earlier date if so provided in the Specifications.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07,the correction period hereunder with respect to
such Work will be extended for an additional period of one year after such correction or removal
I and replacement has been satisfactorily completed.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and,
prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may
do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to Owner's evaluation of and
determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness) and for the diminished value of the Work to the extent not otherwise paid by
Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's
recommendation of final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an
appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.
If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate
i amount will be paid by Contractor to Owner.
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13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective
Work, or to remove and replace rejected Work as required by Engineer in accordance with
Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract Documents,
Owner may,after seven days written notice to Contractor,correct,or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Site, and incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees,
Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable
Owner to exercise the rights and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies
under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable
to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in
Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all
costs of repair, or replacement of work of others destroyed or damaged by correction,removal, or
replacement of Contractor's defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
under this Paragraph 13.09.
ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for
progress payments and will be incorporated into a form of Application for Payment acceptable to
Engineer. Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.02 Progress Payments
A. Applications for Payments:
1. At least 20 days before the date established in the Agreement for each progress payment (but
not more often than once a month), Contractor shall submit to Engineer for review an
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Application for Payment filled out and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested on the basis of materials and
equipment not incorporated in the Work but delivered and suitably stored at the Site or at
another location agreed to in writing, the Application for Payment shall also be accompanied
by a bill of sale, invoice, or other documentation warranting that Owner has received the
materials and equipment free and clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance or other arrangements to protect
Owner's interest therein, all of which must be satisfactory to Owner.
2. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review of Applications:
1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment and present the Application to Owner or return the
Application to Contractor indicating in writing Engineer's reasons for refusing to recommend
payment. In the latter case, Contractor may make the necessary corrections and resubmit the
Application.
2. Engineer's recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner, based on Engineer's observations of the
executed Work as an experienced and qualified design professional, and on Engineer's
review of the Application for Payment and the accompanying data and schedules, that to the
best of Engineer's knowledge, information and belief:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, the results of any subsequent tests called for in the Contract Documents, a
final determination of quantities and classifications for Unit Price Work under Paragraph
9.07, and any other qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being entitled to such payment appear to have
been fulfilled in so far as it is Engineer's responsibility to observe the Work.
3. By recommending any such payment Engineer will not thereby be deemed to have
represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
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involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.
4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments
nor Engineer's recommendation of any payment, including final payment, will impose
responsibility on Engineer:
a. to supervise,direct,or control the Work,or
b. for the means, methods, techniques, sequences, or procedures of construction, or the
safety precautions and programs incident thereto, or
c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's
performance of the Work,or
d. to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price,or
e. to determine that title to any of the Work, materials, or equipment has passed to Owner
free and clear of any Liens.
5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's
opinion, it would be incorrect to make the representations to Owner stated in
Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because
of subsequently discovered evidence or the results of subsequent inspections or tests, revise
or revoke any such payment recommendation previously made, to such extent as may be
necessary in Engineer's opinion to protect Owner from loss because:
a. the Work is defective, or completed Work has been damaged, requiring correction or
replacement;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09;or
d. Engineer has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due:
I. Ten days after presentation of the Application for Payment to Owner with Engineer's
recommendation, the amount recommended will (subject to the provisions of Paragraph
14.02.D)become due, and when due will be paid by Owner to Contractor.
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D. Reduction in Payment:
1. Owner may refuse to make payment of the full amount recommended by Engineer because:
a. claims have been made against Owner on account of Contractor's performance or
furnishing of the Work;
b. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of
such Liens;
c. there are other items entitling Owner to a set-off against the amount recommended;or
d. Owner has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.
2. If Owner refuses to make payment of the full amount recommended by Engineer,Owner will
give Contractor immediate written notice (with a copy to Engineer) stating the reasons for
such action and promptly pay Contractor any amount remaining after deduction of the
amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any
adjustment thereto agreed to by Owner and Contractor,when Contractor remedies the reasons
l for such action.
3. Upon a subsequent determination that Owner's refusal of payment was not justified, the
amount wrongfully withheld shall be treated as an amount due as determined by Paragraph
I 14.02.C.1 and subject to interest as provided in the Agreement.
i 14.03 Contractor's Warranty of Title
JA. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
Ilater than the time of payment free and clear of all Liens.
14.04 Substantial Completion
IA. When Contractor considers the entire Work ready for its intended use Contractor shall notify
Owner and Engineer in writing that the entire Work is substantially complete (except for items
specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of
Substantial Completion.
B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an
I 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.
i
C. If Engineer considers the Work substantially complete,Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the date of Substantial Completion. There
Ishall be attached to the certificate a tentative list of items to be completed or corrected before
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l
final payment. Owner shall have seven days after receipt of the tentative certificate during which
to make written objection to Engineer as to any provisions of the certificate or attached list. If,
after considering such objections, Engineer concludes that the Work is not substantially
complete, Engineer will, within 14 days after submission of the tentative certificate to Owner,
notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's
objections, Engineer considers the Work substantially complete, Engineer will, within said 14
days, execute and deliver to Owner and Contractor a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or corrected) reflecting such
changes from the tentative certificate as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommendation as to division of responsibilities
pending final payment between Owner and Contractor with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in
writing prior to Engineer's issuing the definitive certificate of Substantial Completion,Engineer's
aforesaid recommendation will be binding on Owner and Contractor until final payment.
E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access -to remove its property and
complete or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been identified in the Contract Documents, or
which Owner,Engineer, and Contractor agree constitutes a separately functioning and usable part
of the Work that can be used by Owner for its intended purpose without significant interference
with Contractor's performance of the remainder of the Work, subject to the following conditions:
1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any
such part of the Work which Owner believes to be ready for its intended use and substantially
complete. If and when Contractor agrees that such part of the Work is substantially complete,
Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D
for that part of the Work.
2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers
any such part of the Work ready for its intended use and substantially complete and request
Engineer to issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to determine its status of completion. If Engineer
does not consider that part of the Work to be substantially complete, Engineer will notify
Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part
of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with
respect to certification of Substantial Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
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4. No use or occupancy or separate operation of part of the Work may occur prior to compliance
with the requirements of Paragraph 5.10 regarding property insurance.
14.06 Final Inspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will promptly make a final inspection with Owner and Contractor and will
notify Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment:
1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract
Documents, all maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance, certificates of inspection, marked-up record
documents (as provided in Paragraph 6.12), and other documents, Contractor may make
application for final payment following the procedure for progress payments.
2. The final Application for Payment shall be accompanied(except as previously delivered)by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.04.13.6;
b. consent of the surety,if any,to final payment;
c. a list of all Claims against Owner that Contractor believes are unsettled;and
d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien
rights arising out of or Liens filed in connection with the Work.
3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved
by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor
that: (i) the releases and receipts include all labor, services, material, and equipment for
which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner might in any way be responsible, or
which might in any way result in liens or other burdens on Owner's property, have been paid
or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or
receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to
indemnify Owner against any Lien.
B. Engineer's Review of Application and Acceptance:
1. If, on the basis of Engineer's observation of the Work during construction and final
inspection, and Engineer's review of the final Application for Payment and accompanying
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documentation as required by the Contract Documents, Engineer is satisfied that the Work
has been completed and Contractor's other obligations under the Contract Documents have
been fulfilled, Engineer will, within ten days after receipt of the final Application for
Payment, indicate in writing Engineer's recommendation of payment and present the
Application for Payment to Owner for payment. At the same time Engineer will also give
written notice to Owner and Contractor that the Work is acceptable subject to the provisions
of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to
Contractor, indicating in writing the reasons for refusing to recommend final payment, in
which case Contractor shall make the necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due:
1. Thirty days after the presentation to Owner of the Application for Payment and
accompanying documentation,the amount recommended by Engineer, less any sum Owner is
entitled to set off against Engineer's recommendation, including but not limited to liquidated
damages,will become due and will be paid by Owner to Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment
(for Work fully completed and accepted) and recommendation of Engineer, and without
terminating the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by Owner for Work not fully
completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have
been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of
the balance due for that portion of the Work fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such payment. Such payment shall be made
under the terms and conditions governing final payment, except that it shall not constitute a
waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled
Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06,
from failure to comply with the Contract Documents or the terms of any special guarantees
specified therein, or from Contractor's continuing obligations under the Contract Documents;
and
2. a waiver of all Claims by Contractor against Owner other than those previously made in
accordance with the requirements herein and expressly acknowledged by Owner in writing as
still unsettled.
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ARTICLE 15—SUSPENSION OF WORK AND TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period
of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will
fix the date on which Work will be resumed. Contractor shall resume the Work on the date so
fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the
Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim
therefor as provided in Paragraph 10.05.
15.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the following events will justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of Engineer; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its intent to terminate the services of
Contractor:
1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's
tools, appliances, construction equipment, and machinery at the Site, and use the same to the
full extent they could be used by Contractor (without liability to Contractor for trespass or
conversion);
2. incorporate in the Work all materials and equipment stored at the Site or for which Owner
has paid Contractor but which are stored elsewhere; and
3. complete the Work as Owner may deem expedient.
C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive
any further payment until the Work is completed. If the unpaid balance of the Contract Price
exceeds all claims,costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) sustained by Owner arising out of or relating to completing the Work,
such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such
unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and
damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when
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so approved by Engineer, incorporated in a Change Order. When exercising any rights or
remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the
Work performed.
D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure
to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
E. Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
F. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of
Paragraphs 15.02.B and 15.02.C.
15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such case,
Contractor shall be paid for(without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and
profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on
such expenses;
3. all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors,
Suppliers,and others; and
4. reasonable expenses directly attributable to termination.
B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive
days by Owner or under an order of court or other public authority, or(ii)Engineer fails to act on
any Application for Payment within 30 days after it is submitted, or(iii) Owner fails for 30 days
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Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 60 of 62
to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Contract and recover from Owner payment
on the same terms as provided in Paragraph 15.03.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer
has failed to act on an Application for Payment within 30 days after it is submitted,or Owner has
failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven
days after written notice to Owner and Engineer, stop the Work until payment is made of all such
amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are
not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an
adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly
attributable to Contractor's stopping the Work as permitted by this Paragraph.
ARTICLE 16—DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision becomes final and binding. The mediation
will be governed by the Construction Industry Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the Agreement. The request for mediation shall
be submitted in writing to the American Arbitration Association and the other party to the
Contract.Timely submission of the request shall stay the effect of Paragraph 10.05.E.
B. Owner and Contractor shall participate in the mediation process in good faith. The process shall
be concluded within 60 days of filing of the request. The date of termination of the mediation
shall be determined by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial
pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after
termination of the mediation unless, within that time period,Owner or Contractor:
1. elects in writing to invoke any dispute resolution process provided for in the Supplementary
1 Conditions; or
2. agrees with the other party to submit the Claim to another dispute resolution process; or
3. gives written notice to the other party of the intent to submit the Claim to a court of
competent jurisdiction.
lARTICLE 17—MISCELLANEOUS
I 17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
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1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended;or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the Contract Documents by days,it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on
a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way
as a limitation of, any rights and remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty,
obligation,right, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given
in accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of
these General Conditions.
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Page 62 of 62
SECTION 00810
g
SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS
N
These Supplementary Conditions to the General Conditions amend or supplement the Standard
General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions
of the Contract Documents as indicated below. All provisions that are not so amended or
supplemented remain in full force and effect.
SC -2.01 DELIVERY OF BONDS
I
Add the following to Paragraph: 2.01.A
Engineer shall furnish to Contractor six copies of the Agreement and other Contract
Documents bound therewith. Contractor shall execute the Agreement, attach executed
copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit
all copies to Engineer who will forward them to the Owner. Owner shall execute all
copies and return two copies to the Contractor. Owner shall also furnish a counterpart or
conformed copy to the Engineer and shall retain three copies.
SC —2.03 NOTICE TO PROCEED
Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following
in its place:
Following the execution of the Agreement by the Owner and the Contractor, written
Notice to Proceed with the Work shall be given by the Owner to the Contractor. The
Contract Time will commence to run on the day indicated in the Notice to Proceed.
SC - 2.05 BEFORE STARTING CONSTRUCTION
y
Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to
{ read as follows:
2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly
rates, owned or rented by the Contractor and all Subcontractors that will be used in the
performance of the Work. The equipment list will include information necessary to
confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these
Supplementary Conditions including: make, model, and year of manufacture as well as
the horse power, capacity or weight, and accessories.
I
Section 00810-6th Edition
9 Supplementary Conditions to the General Conditions
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SC- 2.07 INITIAL ACCEPTANCE OF SCHEDULES
Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the
following in its place:
Prior to the first application for payment all schedules and documents identified in
paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No
progress payment shall be made to Contractor until acceptable schedules are submitted to
Engineer and Owner as provided below. Acceptance of these schedules and documents
by either Engineer or Owner will neither impose on Engineer or Owner responsibility for
the sequencing, scheduling or progress of the Work and will not interfere with or relieve
Contractor from Contractor's full responsibility therefore.
Add the following after Paragraph 2.07.A.3:
Contractor's Schedule of Construction Equipment will be acceptable to Engineer as to
form and substance if it provides the necessary information to reference the equipment
and establish the hourly rates in accordance with paragraph 11.01.A.S.c.
SC - 4.01 AVAILABILITY OF LANDS
Add to Paragraph 4.0l.0 of the General Conditions the following:
If it is necessary or desirable that the Contractor use land outside of the Owner's
easement or right-of-way, the Contractor shall obtain consent from the property owner
and tenant of the land. The Contractor shall not enter for materials delivery or occupy for
any other purpose with men, tools, equipment, construction materials, or with materials
excavated from the site, any private property outside the designated
construction easement boundaries or right-of-way without written permission from the
property owner and tenant.
SC- 4.02- SUBSURFACE AND PHYSICAL CONDITIONS
Delete the first sentence of 4.02.A and replace with the following:
A. Reports and Drawings: The Special Provisions identify:
Delete the reference to Supplementary Conditions in paragraph 4.02.13 and replace with Special
Provisions.
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SC-4.03- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS
II Add the following to the end of Paragraphs 4.03.A.
Contractor to notify Owner and Engineer in writing about differing subsurface or
physical conditions within 15 days of discovery and before disturbing the subsurface as
stated above.
No claim for an adjustment in the contract price or contract times (or Milestones) will be
valid for differing subsurface or physical conditions if procedures of this paragraph 4.03
are not followed.
SC- 4.04- UNDERGROUND FACILITIES
q Add the following new paragraph immediately after Paragraph 4.04.A.2.
3. At least 2 but not more than 10 business days before beginning any excavation,
the Contractor shall according to MCA 69-4-501, notify all owners of
underground facilities and coordinate the Work with the owners of such
underground facilities. The information shown or indicated in the Contract
4 Documents with respect to existing underground facilities is based on information
and data obtained from the owners of the facilities without field exploration, and
as such, Owner and Engineer are not responsible for the accuracy or completeness
of such information or data.
i
SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE
Change the first sentence of paragraph A to read as follows:
A. Reports and Drawings: The Special Provisions identify those reports..........
SC- 5.02 LICENSED SURETIES AND INSURERS
Add the following to the end of Paragraph 5.02.A
Without limiting any of the other obligations or liabilities of the Contractor, Contractor
shall secure and maintain such insurance from an insurance company (or companies)
authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating"
of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner
and the Engineer and their agents and employees from claims for bodily injury, or
property damage which may arise from operations and completed operations under this
IAgreement. Contractor shall not commence work under this Agreement until such
9 insurance has been obtained and certificates of insurance, with binders, or certified
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Supplementary Conditions to the General Conditions
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copies of the insurance policy shall have been filed with the Owner and the Engineer.
All insurance coverage shall remain in effect throughout the life of the Agreement,
except that the Contractor shall maintain the Commercial General Liability Policy
including product and completed operations coverage for a period of at least one year
following the substantial completion date for property damage resulting from
occurrences during the agreement period.
SC-5.04 CONTRACTOR'S LIABILITY INSURANCE
Add the following new paragraphs immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the General
Conditions shall provide coverage for not less than the following amounts or greater
where required by Law or Regulations:
1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General
Conditions.
a. State Statutory
b. Applicable Federal (e.g. Longshoremans) Statutory
C. Employer's Liability $ 500,000.00
2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of
the General Conditions which shall also include completed operations and product
liability coverage.
a. GENERAL AGGREGATE $ 3,000,000.00
b. Products-Completed
Operations Aggregate $ 3,000,000.00
C. Personal and Advertising
d. Each Occurrence
(Bodily Injury and
Property Damage) $ 1,000,000.00
e. Coverage will include:
I. Premises - Operations
2. Operations of Independent Contractor
3. Contractual Liability
4. Personal Injury
S Products and Completed Operations
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'I
6. Broad Form Property Damage will include explosion,
j collapse, blasting and underground where applicable.
7. Per Project Aggregate Endorsement
3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a a. Bodily Injury_
Each Person $ 500,000.00
Each Accident $ 1,000,000.00
7
Property Damage:
Each Accident $1,000,000.00
(or)
b b. Combined Single Limit $ 1,000,000.00
1 Coverage to Include
i
1. All Owned
J 2. Hired
I, 3. Non-Owned
4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied
by primary insurance or a combination of primary and excess or umbrella
insurance. Primary occurrence limit cannot be less than $1,000,000.00.
Deductible not to exceed $5,000.00 per occurrence on property damage.
5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions
as follows:
The Contractor's insurance coverage shall name the Owner, and Engineer and
Engineer's Consultants as an additional insured under Commercial General
Liability, Automobile Liability, Excess or Umbrella polices.
6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the
General Conditions shall provide coverage for not less than the following
amounts:
J
i Each Occurrence $ 1,000,000.00
Aggregate $ 3,000,000.00
j
i
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SC- 5.04.B.5 CANCELATION NOTICE
Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30
days" and replacing them with the words "45 days" and as so amended paragraph
5.04.B.5 remains in effect.
SC - 5.06 PROPERTY INSURANCE
Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its
place:
A. Contractor shall purchase and maintain property insurance upon the work at the
site in the amount of the full replacement cost thereof (subject to such deductible
amounts as may be provided in these Supplementary Conditions or required by
Laws and Regulations). This insurance shall:
1. Include the interests of Owner, Contractor, Subcontractors, Sub-
Subcontractors Engineer, Engineer's Consultants, and any other
persons or entities identified in the Supplementary Conditions, each
of whom is deemed to have an insurable interest and shall be listed
as an insured or additional insured;
2. be written on a Builder's Risk "all risk" or open peril or special
causes of loss policy form that shall at least include insurance for
physical loss and damage to the Work, temporary buildings, false
work and materials and equipment in transit and shall insure against
at least the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned by
enforcement of Laws and Regulations, water damage (other than
caused by floods), and other perils or causes of loss as may be
specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured
property (including but not limited to the fees and charges of
engineers and architects);
4. cover materials and equipment in transit for incorporation in the
Work or stored at the site or at another location prior to being
incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment
recommended by Engineer; and
5. Be endorsed to allow occupancy and partial utilization of the Work
by Owner.
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h
6. Include testing and start-up; and
7. be maintained in effect until final payment is made unless otherwise
agreed to in writing by Owner, Contractor, and Engineer with thirty
days written notice to each other additional insured to whom a
certificate of insurance has been issued.
l
B. Contractor shall be responsible for any deductible or self-insured retention.
1 C. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this Paragraph SC5.06 shall comply with the requirements of
Paragraph 5.06.0 of the General Conditions.
D. The policies of insurance required to be purchased and maintained by Contractor
in accordance with this Article 5.06.A shall comply with the requirements of GC -
5.06. C. The qualifications of the insurance company shall comply with
the requirements of SC- 5.02.A.
SC-6.02 Working Hours
Add the following to Paragraph 6.02.13:
Regular working hours are defined as 8:OOAM. To 5:OOP.M. Emergency work may be
done without prior permission.
SC-6.04 PROGRESS SCHEDULE
Delete Paragraph 6.04.A.1 of the General Conditions m its entirety and replace with the
following:
1. Contractor shall submit to Engineer with each application for payment an updated
progress schedule reflecting the amount of work completed and adjustments to future
work. Such adjustments willbe acceptable to Engineer asproviding an
o r d e r 1 y progression of the Work to completion within any specified milestones and the
Contract Time. No progress payment will be made to Contractor until the updated
schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance
of progress schedules by the Engineer will neither impose on Engineer
responsibility for the sequencing, scheduling or progress of the Work, nor interfere with
or relieve Contractor from Contractor's full responsibility therefore.
I
Section 00810-6th Edition
Supplementary Conditions to the General Conditions
Page 7 of 13
SC- 6.13 SAFETY AND PROTECTION
Change Supplementary Conditions in paragraph 6.13.0 to Special Provisions.
Add new paragraphs to the end of paragraph 6.13 Y of the General Conditions as follows:
G. It is expressly understood by the parties to this Agreement that the Contractor is
solely responsible for initiating, maintaining, and supervising safety precautions
and programs in connection with the Work. The right of the Owner and Engineer
to observe or otherwise review the Work and operations shall not relieve the
Contractor from any of his covenants and obligations hereunder. Contractor shall
incorporate all safety requirements into his construction progress and work
schedules including preconstruction and scheduled monthly safety meetings,
posted safety rules, tailgate meetings, and site inspections by safety and other
inspectors employed by the Contractor.
H. The Contractor shall be responsible for and shall take necessary precautions and
provide all material and equipment to protect, shore, brace, support and maintain
all underground pipes, conduits, drains, sewers, water mains, gas mains, cables,
etc., and other underground construction uncovered in the proximity, or otherwise
affected by the construction work performed by him. All pavement, surfacing,
driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires
damaged by the Contractor's operations in the performance of this work shall be
repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected
property owner at the Contractor's expense. The Contractor shall also
b e responsible for all damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public or private property or facility,
regardless of location or character, which may be caused by moving, hauling, or
otherwise transporting equipment, materials, or men to and from the work or any
part of site thereof, whether by him or his subcontractors. The Contractor shall
make satisfactory and acceptable arrangements with owner of, or the agency or
authority having jurisdiction over, the damaged property or facility concerning its
repair or replacement or payment of costs incurred in connection with said
damage.
I. The Contractor shall conduct his work so as to interfere as little as possible with
public travel, whether vehicular or pedestrian. Whenever it is necessary to cross,
obstruct, or close roads, driveways, and walks, whether public or private, the
Contractor shall obtain approval from the governing parry and shall, at his own
expense, provide and maintain suitable and safe bridges, detours, and other
temporary expedients for the accommodation of public and private drives before
interfering with them. The provisions for temporary expedients will not be
required when the Contractor has obtained permission from the owner and tenant
of the private property, or from the authority having jurisdiction over public
property involved, to obstruct traffic at the designated point.
Section 00810-6th Edition
Supplementary Conditions to the General Conditions
Page 8 of 13
J. Safety provisions must be entirely adequate and meet with City or State and
Federal.regulations to protect the public on these streets and roads.
SC- 6.20 INDEMNIFICATION
Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to
read as follows:
While Owner and Engineer may have the right under this Contract to observe or
otherwise review the work, progress and operations of the Contractor, it is
expressly understood and agreed that such observation shall not relieve the
Contractor from any of its covenants and obligations hereunder.
SC-9.03 PROJECT REPRESENTATIVE
Refer to the Special Provisions for identification of the responsibilities and authority and
limitations of the Engineer's Resident Project Representative (if any).
i
SC- 11.01 COST OF THE WORK
Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in
its place:
11.01. A.5.c The rental of all construction equipment and machinery and parts thereof
whether rented from Contractor or rented from others. The cost shall be calculated as
follows and will include the costs of transportation, loading, unloading, assembly,
dismantling and removal thereof for equipment involved only in the changed portion of
the work covered under the cost of the Work method. Transportation, 1 o a d i n g
and assembly costs will not be included for equipment already on the site which is being
used for other portions of the Work. The cost of any such equipment, machinery, or parts
shall cease when the use thereof is no longer necessary for the Work. Hourly equipment
and machinery rates shall be calculated from the Rental Rate Blue Book for Construction
Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as
follows:
1. For working equipment, the hourly rate shall be the monthly rental rate
divided by 176 hours per month plus the hourly operating cost.
2. For equipment on standby, the hourly rate shall be 50% of the monthly
j rental rate divided by 176 hours per month, and the hourly operating cost
shall not be applied.
3. For specialized equipment rented for a short duration used for change
order work or additional work not part of the scope of work bid, the
Section 00810-6th Edition
Supplementary Conditions to the General Conditions
Page 9 of 13
i
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equipment rental rates will be negotiated prior to t h e work being
performed.
SC-11.03 UNIT PRICE WORK
Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the
following in its place:
1. the quantity of a particular item of Unit Price Work performed by Contractor differs by
more than 25% from the estimated quantity of such item indicated in the Agreement, and
2. the total cost of the particular individual item of Unit Price Work amounts to 10% or
more of the Contract Price which is the total sum of all schedules (if any), and
SC- 14.02.A APPLICATIONS FOR PAYMENTS
Add the following language at the end of paragraph 14.02.A.1 of the General Conditions:
Payments for materials in storage shall be based only upon the actual cost of the materials
and equipment to Contractor and shall not include any overhead or profit. Bill of Sale,
invoice or other document warranting clear title for materials in storage will be waived
for the material in storage included in the first progress payment application. However,
proof of payment and clear title must be submitted with Application No. 2 for all material
included in Application No. 1. Without such documentation amounts paid for materials in
storage will be deducted from subsequent payments. Beginning with the
s e c o n d application, all requests for payment for materials in storage shall be
accompanied by Bill of Sale, invoice or other document warranting clear title as required
above.
Add the following to Paragraph 14.02.A.3:
In accordance with state law the Owner may accept deposited securities in lieu of cash
retainage. Retainage may be used by the Owner to offset costs for any of the losses
enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.I.a. through
14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to
protect against loss from failure by the Contractor to complete necessary work and to
offset any liquidated damages due Owner.
Add a new paragraph after paragraph to 14.02.A.3 to read:
4. Each application for progress payment shall be accompanied by Contractor's
updated progress schedule, shop drawing schedule, procurement schedule, and
other data specified herein or reasonably required by Owner or Engineer. The
Owner reserves the right to require submission of monthly certified payrolls by the
Contractor.
Section 00810-6th Edition
Supplementary Conditions to the General Conditions
Page 10 of 13
SC -14.02.0 PAYMENT BECOMES DUE
Delete Paragraph 14.02.C.1 o f the General Conditions in its entirety and insert the following in
II ! its place:
I'
1. The Owner will, upon presentation to him of the Contractor's Application for
'I Payment with Engineer's recommendation, review and act upon said payment
'I
request once each month on or about the day of each month stipulated by the
Owner at the preconstruction conference. Payment will become due when Owner
approves the application for payment and when due, will be paid by Owner to
Contractor.
SC- 14.02.D.1.c
Amend the sentence of Paragraph 14.02.D.1.c to read:
...entitling Owner to a set-off against the amount recommended, including liquidated
a damages; or...
SC-14.03 CONTRACTORS WARRANTY OF TITLE
Add the following at the end of Paragraph 14.03.A of the General Conditions:
Neither recommendation of any progress payment by Engineer nor payment by the
Owner to Contractor, nor any use or occupancy of the Work or any part thereof will
I release the Contractor from complying with the Contract Documents. Specifically the
Contractor shall maintain in accordance with Article 5, property insurance on all Work,
materials, and equipment whether incorporated in the project or not and whether included
in an application for payment or not, for the hull insurable value thereof. Passing title to
Owner for materials and equipment included in an application for payment does not
relieve the Contractor of the Contractor's obligation to provide insurance (including
property insurance) as required in Article 5 of the General Conditions and these
Supplementary Conditions. All insurance shall remain in effect as provided in Article 5.
! SC- 14.05 PARTIAL UTILIZATION
1 Add the following to Paragraph 14.05.A:
Owner has the right to take possession of or use any completed or substantially
1 completed portions of the work at any time, but such taking possession or use will not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. Owner's use of any facilities so identified in the Contract Documents will
Inot be grounds for extension of the contract time or change in the contract price. Owner's
use of any facilities not specifically identified in the Contract Documents wi 11 be in
Section 00810-6th Edition
Supplementary Conditions to the General Conditions
Page 11 of 13
Accordance with conditions agreed to prior to such use, and any extra costs or delays in
completion incurred and properly claimed by Contractor will be equitably adjusted with a
Change Order. Facilities substantially completed in accordance with the Contract
Documents which are occupied or used by Owner prior to substantial completion of the
entire work will be done in accordance with General Conditions 14.04. Guarantee
periods for accepted or substantially completed work including mechanical and electrical
equipment will commence upon the start of continuous use by Owner. All tests and
instruction of Owner's personnel must be satisfactorily completed, and Owner shall
assume responsibility for and operation of all facilities occupied or used except as may
arise through portions of work not yet completed by Contractor If the work has been
substantially completed and the Engineer certifies that full completion thereof is
materially delayed through no fault of the Contractor, the Owner shall, without
terminating the Agreement, make payment of the balance due for the portion of the work
fully completed and accepted.
SC- 14.06 FINAL INSPECTION
Add the following to Paragraph 14.06.A:
After Contractor has remedied all deficiencies to the satisfaction of the Engineer and
delivered all construction records, maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, and other documents (all as required by the
Contract Documents), Owner and Contractor shall be promptly notified in writing by
Engineer that the work is acceptable.
SC-16.01 DISPUTE RESOLUTION
Replace Section 16.01 of the General Conditions with the following:
16.01 Methods and Procedures
A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for
a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of
the demand for mediation will be filed in writing with the other party to the Agreement and
a copy will be sent to Engineer for information. Once the other party receives the request
for mediation they must notify the requestor if they desire to participate in mediation.
If both parties agree to participate in mediation the parties shall establish mutually
agreeable rules to abide by during the mediation process. Owner or Contractor may exercise
such rights or remedies as either may otherwise have under the Contract Documents or Laws
or Regulations in respect to any dispute that is not agreed upon during mediation.
B. Except as provided in paragraph SC-16.02.0 below, no mediation arising of or relating
to the Contract Documents shall include by consolidation, joiner, or in any other manner
Section 00810-6th Edition
Supplementary Conditions to the General Conditions
Page 12 of 13
any other person or entity (including Engineer, Engineer's
N
p Consultant and the Officers, directors, agents, employees or consultants of any of them) who
is not a party to this contract unless:
d
1. the inclusion of such other individual or entity is necessary if complete relief is
to be afforded among those who are already parties to the mediation; and
2. such other individual or entity is substantially involved in a question of law or
fact which is common to those who are already parties to the mediation, and
{{ which will arise in such proceedings; and
3. the written consent of the other individual or entity sought to be included
and of Owner and Contractor has been obtained for such inclusion, which
tl consent shall make specific reference to this paragraph; but no such consent shall
gI constitute consent to mediation of any dispute not specifically described in such
consent or to mediation with any party not specifically identified in such consent.
C. Notwithstanding paragraph SC-16.0 LB, if a Claim or counterclaim, dispute or other
matter in question between Owner and Contractor involves the Work of a Subcontractor,
either Owner or Contractor may join such Subcontractor as a party to the mediation
d�d between Owner and Contractor hereunder. Contractor shall include in all subcontracts
required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents
to being joined in mediation between Owner and Contractor involving work of such
Subcontractor. Nothing in this paragraph SC-16.0 1.0 nor in the provision of such
subcontract consenting to joiner shall create any claim, right or cause of action in favor
of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not
otherwise exist.
SC-17.01 GIVING NOTICE
i
Add the following to Paragraph 17.01.A:
The mailing address for giving notices to Contractor given in the Agreement is hereby
designated as the place to which all notices, letters, and other communication to
Contractor will be mailed or delivered. The mailing address for giving notices to Owner
given in the Agreement is hereby designated as the place to which all notices, letters, and
other communication to Owner shall be mailed or delivered. Either party may change his
address at any time by an instrument in writing delivered to Engineer and to other party.
END OF SECTION 00810
I
Section 00810-6th Edition
Supplementary Conditions to the General Conditions
Page 13 of 13
MONTANA
PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2021
Effective: January 1., 2021
Steve Bullock,Governor
State of Montana
Brenda Nordlund,Acting Commissioner
Department of Labor&Industry
To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing
wage rates, visit ERD at www.mtwaEehourbor)a.com or contact:
Employment Relations Division
Montana Department of Labor and Industry
P. 0. Box 201503
Helena, MT 59620-1503
Phone 406-444-6543
The department welcomes questions,comments,and suggestions from the public.In addition,we'll do our bestto provide
information in an accessible format, upon request,in compliance with the Americans with Disabilities Act.
MONTANA PREVAILING WAGE REQUIREMENTS
The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the
Montana Code Annotated (MCA),has determined the standard prevailing rate of wages for the occupations listed in this
publication.
The wages specified herein control the prevailing rate of wages forthe purposes of Section 18-2-401,et seq., MCA.It is required
each employer pay(as a minimum)the rate of wages, including fringe benefits,travel allowance, zone pay and per diem
applicable to the district in which the work is being performed as provided in the attached wage determinations.
All Montana Prevailing Wage Rates are available on the internet at www.mtwaPehourbor)a.com or by contacting the department
at(406)444-6543.
In addition,this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the
payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing
wage rates, please consult the regulations on the internet at www.mtwaPehourbor)a.com or contact the department at(406)
444-6543.
BRENDA NORDLUND
Acting Commissioner
Department of Labor and Industry
State of Montana
TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
A. Date of Publication .......................................................................................................................................................................... 3
B. Definition of Heavy Construction ................................................................................................................................................... 3
C. Definition of Public Works Contract .............................................................................................................................................. 3
D. Prevailing Wage Schedule ............................................................................................................................................................. 3
E. Rates to Use for Projects ................................................................................................................................................................. 3
F. Wage Rate Adjustments for M ultiyear Contracts ......................................................................................................................... 3
G. Fringe Benefits .................................................................................................................................................................................. 4
H. Dispatch City ...................................................................................................................................................................................... 4
I. Zone Pay .........................................................................................................................................................................................._ 4
J. ComputingTravel Benefits ............................................................................................................................................................. 4
K. Per Diem ........................................................................................................................................................................................... 4
L. Apprentices ......................................................................................................................................................................................_ 4
M. Posting Notice of Prevailing Wages .............................................................................................................................................. 5
N. Employment Preference ................................................................................................................................................................. 5
0. Projects of a Mixed Nature ............................................................................................................................................................ 5
P. Occupations Definitions Website ................................................................................................................................................... 5
Q. Welder Rates .................................................................................................................................................................................. 5
R. Foreman Rates .............................................................................................................................................................................. 5
S Proper Classification for Pipefitterand Laborer/PipelayerWork on Water and Waste Water Treatment Plants ............I...... 5
WAGE RATES:
BOILERMAKERS ....................................................................................................................................................................................... 6
BRICK,BLOCK,ANDSTONE MASONS ............................................................................................................................................. 6
CARPENTERS ............................................................................................................................................................................................ 6
CEMENT MASONSAN D CONCRETE FINISHERS ........................................................................................................................... 7
CONSTRUCTION EQU IPM ENT OPERATORS
OPERATORSGROUP 1 ...................................................................................................................................................................... 7
OPERATORSGROUP 2 ....................................................................................................................................................................... 7
OPERATORSGROUP 3 ....................................................................................................................................................................... 8
OPERATORSGROUP 4 ....................................................................................................................................................................... 8
OPERATORSGROUP 5 ....................................................................................................................................................................... 8
OPERATORSGROUP 6 ....................................................................................................................................................................... 8
OPERATORSGROUP 7 ....................................................................................................................................................................... 9
CONSTRUCTION LABORERS
LABORERSGROUP 1 ....................................................................................................................................................................... 9
LABORERSGROUP 2 ....................................................................................................................................................................... 9
LABORERSGROUP ....................................................................................................................................................................... 10
LABORERSGROUP ....................................................................................................................................................................... 10
DIVERS ......................................................................................................................... ......................................................................... 10
DIVERTENDERS ...................................................................................................................................................................................... 11
ELECTRICIANS ......................................................................................................................................................................................... 11
INSULATION WORKERS-M ECHAN[CAL(HEATAN D FROST) .................................................................................................... 11
IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS .............................................................................................. 12
LINE CONSTRUCTION
EQU IPM ENT OPERATORS ................................................................................................................................................................. 12
GROUNDMAN ........................................................................................................................................................................................ 12
LINEMAN ................................................................................................................................................................................................. 12
MILLWRIGHTS ......................................................................................................................................................................I.....I............... 13
PAINTERS .................................................................................................................................................................................................. 13
PILEBUCKS ............................................................................................................................................................................................... 13
PLU M BERS,PIPEFITTERS,AN D STEAM FITTERS ........................................................................................................................... 14
SPRINKLERFITTERS ................................................................................................................................................................................ 14
TRUCKDRIVERS ..................................................................................................................................................................................... 15
2
A. Date of Publication January 4,2021
B. Definition of Heavy Construction
The Administrative Rules of Montana (ARM),24.17.501(4) - (4)(a),states "Heavy construction projects include, but are not
limited to,those projects that are not properly classified as either `building construction', or`highway construction.'
Heavy construction projects include, but are not limited to,antenna towers, bridges (major bridges designed for commercial
navigation), breakwaters, caissons (other than building or highway),canals, channels, channel cut-offs, chemical complexes or
facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks,
drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial
incinerators (other than building), irrigation projects,jetties, kilns, land drainage (not incidental to other construction), land
leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than
buildings), pipe lines, ponds, pumping stations (prefabricated drop-in units - not buildings), railroad construction, reservoirs,
revetments, sewage collection and disposal lines, sewers(sanitary, storm, etc.), shoreline maintenance, ski tows, storage
tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts
(other than highway), water mains, waterway construction, water supply lines(not incidental to building), water and sewage
treatment plants (other than buildings) and wells."
C. Definition of Public Works Contract
Section 18-2-401(11)(a),MCA defines "public works contract" as"...a contract for construction services let by the state, county,
municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or
political subdivision in which the total cost of the contract is in excess of$25,000...".
D. Prevailing Wage Schedule
This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.These rates
will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building
Construction, Highway Construction and Nonconstruction Services occupations can be found on the internet at
www.mtwaPehourbopa.com or by contacting the department at(406)444-6543.
E. Rates to Use for Projects
ARM, 24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the
bid specifications are advertised."
F. Wage Rate Adjustments for Multiyear Contracts
Section 18-2-417, MCA states:
"(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must
include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers
performing the contract.
(2)The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months
after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment
must be made and applied every 12 months for the term of the contract.
(3)Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the
contractor and any subcontractors and not the contracting agency."
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G. Fringe Benefits
Section 18-2-412, MCA states:
"(1)To fulfill the obligation...a contractor or subcontractor may:
(a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages
directly to the worker or employee in cash;
(b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that
meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by
the U.S. department of labor;or
(c)make payments using any combination of methods set forth in subsections (1)(a)and(1)(b)so that the aggregate of
payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel
allowances, applicable to the district for the particular type of work being performed.
(2)The fringe benefit fund, plan, or program described in subsection (1)(b)must provide benefits to workers or employees for
health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet
the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of
labor."
Fringe benefits are paid for all hours worked (straight time and overtime hours). However,fringe benefits are not to be
considered a part of the hourly rate of pay for calculating overtime,unless there is a collectively bargained agreement in effect
that specifies otherwise.
H. Dispatch City
ARM, 24.17.103(11),defines dispatch city as "...the courthouse in the city from the following list which is closest to the center
of the job:Billings, Bozeman, Butte, Great Falls,Helena, Kalispell, and Missoula."
I. Zone Pay
Zone pay is not travel pay. ARM, 24.17.103(24),defines zone pay as"...an amount added to the base pay;the combined sum
then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by
measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job."
See section H above for a list of dispatch cities.
J. Computing Travel Benefits
ARM, 24.17.103(22),states " 'Travel pay,'also referred to as 'travel allowance,' is and must be paid fortravel both to and from
the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road
miles one direction overthe shortest practical maintained route from the dispatch city orthe employee's home, whichever is
closer, to the center of the job." See section H above for a list of dispatch cities.
K. Per Diem
ARM, 24.17.103(18),states " 'Per diem'typically covers costs associated with board and lodging expenses. Per diem is paid
when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location
overnight or longer."
L. Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs.
Additionally, Section 18-2-416(2),MCA states, "...The full amount of any applicable fringe benefits must be paid to the
apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or
state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works
contract.
4
M. PostingNoticeof Prevailing Wages
Section 18-2-406, MCA,provides that contractors, subcontractors, and employers who are "...performing work or providing
construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the
project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible
statement of all wages and fringe benefits to be paid to the employees."
N. Employment Preference
Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana
residents in the performance of work on public works contracts.
0. Projectsof a Mixed Nature
Section 18-2-408, MCA states:
"(1)The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public
works construction services project is classified as a highway construction project, a heavy construction project, or a building
construction project.
(2)Once the project has been classified, employees in each trade classification who are working on that project must be paid at
the rate for that project classification"
P. Occupations Definitions
You can find definitions for these occupations on the following Bureau of Labor Statistics website:
htto://www.bis.gov/oes/current/oes stru.htm
Q. Welder Rates
Welders receive the rate prescribed for the craft performing an operation to which welding is incidental.
R. Foreman Rates
Rates are no longer set for foremen. However, if a foreman performs journey level work,the foreman must be paid at least the
journey level rate.
S. Proper Classification for Pi pef itter and LaboreVPipelayer Work on Water and Waste Water Treatment Plants
The proper classification for the following work is Pipefitter, when it is performed inside a building structure or performed at a
location which will later be inside of a building: Joining steel pipe larger than 12 inches in diameter with bolted flange
connections that has been pre-fabricated off site and does not require any modification such as cutting, grinding, welding, or
other fabrication in order to be installed. All other work previously classified as pipefitter remains in that classification. The
proper classification for that work when it is at a location that will always be outside a building is Pipelayer, which is under the
Laborer Group 3 classification.
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WAG E RATES
BOILERMAKERS
Wage Benefit Travel:
$33.17 $30.88 All Districts
0-120 mi.free zone
Duties Include: >120 mi.federal mileage rate/mi.
Construct, assemble, maintain, and repair stationary steam
boilers, boiler house auxiliaries, process vessels, pressure Special Provision:
vessels and penstocks. Bulk storage tanks and bolted Travel is paid only at the beginning and end of the job.
steel tanks.
Per Diem:
All Districts
0-70 mi.free zone
>70-120 mi.$65.00/day
>120 mi.$80.00/day
T Back to Table of Contents
BRICK,BLOCK,AND STONE MASONS
Wage Benefit Travel:
$35.28 $15.69 0-20 mi.free zone
>20-35 mi.$30.00/day
Duties Include: >35-55 mi.$35.00/day
Lays out, lays, cuts, installs, and finishes all brick,structural >55 mi.$77.00/day
tile, refractory materials, precast units, concrete, cinder,
glass, gypsum, terra cotta block, and all other natural and
artificial masonry products to construct or repair walls,
partitions, stacks,furnaces, or other structures.
Sets stone to build stone structures such as piers, walls,
and abutments, and lays walks, curbstones, or special
types of masonry for vats, tanks, and floors. May set, cut,
and dress ornamental and structural stone in buildings.
This classification is tended by Tender to Masons Trades:
Brick and Stonemason, Mortar Mixer, Hod Carrier
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CARPENTERS
Wage Benefit Zone Pay:
$32.00 $13.57 0-30 mi.free zone
>30-60 mi.base pay+$4.00/hr.
>60 mi.base pay+$6.00/hr.
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CEMENT MASONS AND CONCRETE FINISHERS
No Rate Established Zone Pay:
0-30 mi.free zone
Duties Include: >30-60 mi.base pay+$2.95/hr.
Smooth and finish surfaces of poured concrete,such as >60 mi.base pay+ $4.75/hr.
floors,walks,sidewalks,or curbs. Align forms for
sidewalks, curbs, or gutters.
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CONSTRUCTION EQUIPMENT OPERATORS G ROUP 1
Wage Benefit Zone Pay:
$28.21 $13.65 0-30 mi.free zone
>30-60 mi.base pay+$3.50/hr.
This group includes but is not limited to: >60 mi.base pay+$5.50/hr.
Air Compressor;Auto Fine Grader; Belt Finishing; Boring
Machine (Small); Cement Silo;Crane,A-Frame Truck Crane;
Crusher Conveyor; DW-10, 15,and 20 Tractor Roller; Farm
Tractor; Forklift; Form Grader; Front-End Loader, under 1
cu.yd;Oiler, Heavy Duty Drills; Herman Nelson Heater;
Mucking Machine; Oiler, All Except Cranes/Shovels;
Pumpman.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 2
Wage Benefit Zone Pay:
$29.33 $13.65 0-30 mi.free zone
>30-60 mi.base pay+$3.50/hr.
This group includes but is not limited to: >60 mi.base pay+$5.50/hr.
Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu.
yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring
Machine, Large; Broom,Self-Propelled; Concrete Travel
Batcher; Concrete Float&Spreader; Concrete Bucket
Dispatcher; Concrete Finish Machine;Concrete Conveyor;
Distributor; Dozer, Rubber-Tired, Push, &Side Boom;
Elevating Grader\Gradall; Field Equipment Serviceman;
Front-End Loader, 1 cu.yd up to and incl. 5 cu.yds; Grade
Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All;
Hydralift Forklifts&Similar; Industrial Locomotive; Motor
Patrol (except finish); Mountain Skidder; Oiler,
Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw,
Self-Propelled; Pugmill; Pumperete\Grout Machine; Punch
Truck; Roller, other than Asphalt; Roller, Sheepsfoot(Self-
Propelled); Roller, 25 tons and over;Ross Carrier; Rotomill,
under 6 ft;Trenching Machine;Washing/Screening Plant
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CONSTRUCTION EQUIPMENT OPERATORS G ROUP 3
Wage Benefit Zone Pay:
$29.75 $13.65 0-30 mi.free zone
>30-60 mi.base pay+$3.50/hr.
This group includes but is not limited to: >60 mi.base pay+ $5.50/hr.
Asphalt Paving Machine;Asphalt Screed;
Back hoe\Excavato r\Shovel, over 3 cu.yds; Cableway
Highline; Concrete Batch Plant; Concrete Curing Machine;
Concrete Pump;Cranes,Creter; Cranes, Electric Overhead;
Cranes, 24 tons and under; Curb Machine\Slip Form Paver;
Finish Dozer; Front-End Loader, over 5 cu.yds;
Mechanic\Welder; Pioneer Dozer; Roller Asphalt
(Breakdown & Finish); Rotomill,over 6 ft;Scraper, Single,
Twin, or Pulling Belly-Dump; YO-YO Cat.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 4
Wage Benefit Zone Pay:
$30.75 $13.65 0-30 mi.free zone
>30-60 mi.base pay+$3.50/hr.
This group includes but is not limited to: >60 mi.base pay+ $5.50/hr.
Asphalt\Hot Plant Operator; Cranes,25 tons up to and incl.
44 tons; Crusher Operator; Finish Motor Patrol; Finish
Scraper.
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CONSTRUCTION EQUIPMENT OPERATORS G ROUP 5
Wage Benefit Zone Pay:
$31.75 $13.65 0-30 mi.free zone
>30-60 mi.base pay+ $3.50/hr.
This group includes but is not limited to: >60 mi.base pay+ $5.50/hr.
Cranes,45 tons up to and incl. 74 tons.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 6
Wage Benefit Zone Pay:
$32.75 $13.65 0-30 mi.free zone
>30-60 mi.base pay+$3.50/hr.
This group includes but is not limited to: >60 mi.base pay+ $5.50/hr.
Cranes, 75 tons up to and incl. 149 tons; Cranes,Whirley
(All).
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CONSTRUCTION EQUIPMENT OPERATORS G ROUP 7
Wage Benefit Zone Pay.
$33.75 $13.65 0-30 mi.free zone
>30-60 mi.base pay+$3.50/hr.
This group includes but is not limited to: >60 mi.base pay+ $5.50/hr.
Cranes, 150 tons up to and incl. 250 tons; Cranes, over
250 tons—add $1.00 for every 100tons over 250 tons;
Crane,Tower(All); Crane Stiff-Leg or Derrick; Helicopter
Hoist.
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CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL
Wage Benefit Zone Pay:
$23.08 $11.27 0-30 mi.free zone
>30-60 mi.base pay+ $3.05/hr.
>60 mi.base pay+$4.85/hr.
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ICONSTRUCTION LABORERS GROUP 2
t Wage Benefit Zone Pay.
f{ $25.90 $11.27 0-30 mi.free zone
>30-60 mi.base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi.base pay+$4.85/hr.
General Labor;Asbestos Removal;Burning Bar; Bucket
Man; Carpenter Tender; Caisson Worker;Cement Mason
Tender; Cement Handler (dry);Chuck Tender; Choker
Setter; Concrete Worker; Curb Machine-lay Down; Crusher
and Batch Worker; Heater Tender; Fence Erector;
Landscape Laborer; Landscaper; Lawn Sprinkler Installer;
Pipe Wrapper; Pot Tender; Powderman Tender; Rail and
{ Truck Loaders and Unloaders; Riprapper; Sign Erection;
9i Guardrail and Jersey Rail;Spike Driver; Stake Jumper;
Signalman; Tail Hoseman; Tool Checker and Houseman
and Traffic Control Worker.
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CONSTRUCTION LABORERS GROUP 3
Wage Benefit Zone Pay.
$26.04 $11.40 0-30 mi.free zone
>30-60 mi.base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi.base pay+$4.85/hr.
Concrete Vibrator; Dumpman (Grademan); Equipment
Handler; Geotextile and Liners; High-Pressure Nozzleman;
Jackhammer(Pavement Breaker) Non-Riding Rollers;
Pipelayer; Posthole Digger (Power); Power Driven
Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and
Tamper.
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CONSTRUCTION LABORERS GROUP 4
Wage Benefit Zone Pay:
$26.76 $11.27 0-30 mi.free zone
>30-60 mi.base pay+ $3.05/hr.
This group includes but is not limited to: >60 mi.base pay+$4.85/hr.
Hod Carrier***;Water Well Laborer; Blaster; Wagon Driller;
Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; ***Hod Carriers will receive the same amount of travel
Power Saws(Faller&Concrete); and/or subsistence pay as bricklayers when requested to
Powderman; Rock&Core Drill; Track or Truck Mounted travel.
Wagon Drill and Welder incl.Air Arc
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DIVERS
Wage Benefit Zone Pay:
Stand-By $43.06 $17.36 0-30 mi.free zone
Diving $86.12 $17.36 >30-60 mi.base pay+$4.00/hr.
>60 mi.base pay+$6.00/hr.
Depth Pay (Surface Diving)
0-20 ft. free zone
>20-100 ft. $2.00 per ft.
>100-150ft. $3.00 per ft.
>150-220ft. $4.00 per ft.
>220 ft. $5.00 per ft.
Diving In Enclosures
0-25 ft. free zone
>25-300 ft. $1.00 per ft.
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DIVER TENDERS
Wage Benefit Zone Pay:
$42.06 $17.36 0-30 mi.free zone
>30-60 mi.base pay+$4.00/hr.
The tender shall receive 2 hours at the straight time pay >60 mi.base pay+$6.00/hr.
rate per shift for dressing and/or undressing a Diver when
work is done under hyperbaric conditions.
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i ELECTRICIANS
1 Wage Benefit Travel:
$34.59 $16.33 District
No mileage due when traveling in employer's vehicle.
The following travel allowance is applicable when traveling
in employee's vehicle:
I0-18 mi.free zone
>18-60 mi.federal mileage rate/mi.
>60 mi.$75.00/day
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INSULATION WORKERS-MECHANICAL(HEATAND FROST)
Wage Benefit Travel:
$38.87 $19.87 0-30 mi.free zone
>30-40 mi.$25.00/day
Duties Include: >40-50 mi.$35.00/day
Insulate pipes, ductwork or other mechanical systems. >50-60 mi.$50.00/day
>60 mi.$60.00/day plus
■ $0.56/mi.if transportation is not provided.
■ $0.20/mi.if in company vehicle.
j >60 mi.$95.00/day on jobs requiring an overnight stay
I plus
■ $0.56/mi.if transportation is not provided.
I0 $0.20/mi.if in company vehicle.
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IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS
Wage Benefit Travel:
$29.15 $27.05 0-45 mi.free zone
>45-60 mi.$45.00/day
Duties Include: >60-100 mi.$70.00/day
Structural steel erection; assemble prefabricated metal >100 mi.$90.00/day
buildings; cut, bend,tie,and place rebar; energy producing
windmill type towers; metal bleacher seating; handrail Special Provision:
fabrication and ornamental steel. When the employer provides transportation, travel will not
be paid. However,when an employee is required to travel
over 70 miles one way, the employee may elect to receive
the travel pay in lieu of the transportation.
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LINE CONSTRUCTION - EQUIPMENT OPERATORS
Wage Benefit Travel:
$34.94 $16.41 No Free Zone
$60.00/day
Duties Include:
All work on substations
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LINE CONSTRUCTION - GROUNDMAN
Wage Benefit Travel:
$27.36 $15.79 No Free Zone
$60.00/day
Duties Include:
All work on substations
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LINE CONSTRUCTION - LINEMAN
Wage Benefit Travel:
$45.74 $17.32 No Free Zone
$60.00/day
Duties Include:
All work on substations
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M I LLWRIGHTS
Wage Benefit Zone Pay:
$36.97 $14.02 0-30 mi.free zone
>30-60 mi.base pay+ $4.00/hr.
>60 mi.base pay+ $6.00/hr.
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PAINTERS
Wage Benefit Travel:
$25.00 $0.00 I No travel or per diem established.
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PILE BUCKS
Wage Benefit Zone Pay:
$32.00 $13.57 0-30 mi.free zone
>30-60 mi.base pay+ $4.00/hr.
Duties Include: >60 mi.base pay+ $6.00/hr.
All pile driving, bridge, wharf, building, and caisson work,on
both land and water. General pile driving work includes all
labor employed in the barking, shoeing, splicing, form
building, heading, centering, placing, driving, staying,
framing, fastening, demo,tooling of the cutter head,
Lagging, automatic pile threading, pulling, and/or cutting
I off of all piling, to include all pile of any make and material
as well as similar pre-cast structural shapes or units the
setting of which is performed with a pile driver, derrick,
crane, orsimilar power equipment. Fabrication, forming,
handling, and setting of all such pre-cast, pre-stressed and
post-stressed shapes that are an integral part of any heavy
structure, rafting, boring, reeving,dogging, or booming of
i piles or other material. This includes the unloading of piling
Iof all types together with the wailing and bracing included.
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PLUMBERS, PIPEFITTERS,AND STEAMFffTERS
Wage Benefit Travel:
$37.78 $19.86 0-70 free zone
>70 mi.
Duties Include: 0 On jobs when employees do not work consecutive
Assemble, install, alter,and repair pipe-lines or pipe days: $0.55/mi.if employer doesn't provide
systems that carry water,steam,air, other liquids or gases. transportation. Not to exceed two trips.
Testing of piping systems,commissioning and retro-
commissioning. Workers in this occupation may also R On jobs when employees work any number of
install heating and cooling equipment and mechanical consecutive days: $105.00/day.
control systems.
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SPRINKLER FITTERS
Wage Benefit Travel
$34.45 $23.00 All Districts
Duties Include: The following travel allowance is applicable when traveling
Duties Include but not limited to any and all fire protection in employee's vehicle.
systems: Installation, dismantling, inspection, testing,
maintenance, repairs, adjustments, and corrections of all 0-60 mi.free zone
fire protection and fire control systems, including both >60-80 mi.$19.00/day
overhead and underground water mains, all piping, fire >80-100 mi.$29.00/day
hydrants, standpipes, air lines,tanks, and pumps used in >100 mi.$105.00/day.
connection with sprinkler and alarm systems.
Special Provision
When traveling>100 miles, mileage at$0.54/mi.+ $8.59
for every 15 miles traveled at beginning and end of job.
The following travel allowance is applicable when traveling
in employer's vehicle.
0-100 mi.free zone
>100 mi.$105.00/day
Special Provision
When traveling>100 miles, $8.59 for every 15 miles
traveled, at beginning and end of job.
Per Diem:
All Districts
No per diem is applicable when traveling in employee's
vehicle
The following per diem is applicable when traveling in
employer's vehicle.
0-100 mi.free zone
>100 mi.$105.00/day
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TRUCK DRIVERS
Pilot Car Driver No Rate Established
Wage Benefit Zone Pay:
Truck Driver $31.28 $9.37 All Districts
0-30 mi.free zone
>30-60 mi.base pay+ $3.05/hr.
Truck drivers include but are not limited to: >60 mi.base pay+ .$4.85/hr.
Combination Truck and Concrete Mixer and Transit Mixer;
Dry Batch Trucks; Distributor Driver; Dumpman; Dump Special Provision:
Trucks and similar equipment; Dumpster; Flat Trucks; Zone pay only applies to the Truck Driver classification. No
Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; zone pay was established for Pilot Car Driver.
Power Boom;Serviceman; Service Truck/Fuel
Truck/Tireperson; Truck Mechanic;Trucks with Power
Equipment; Warehouseman, Partsman, Cardex and
Warehouse Expeditor; Water Trucks.
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M 0 NTANA
PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2021
Effective: January 1., 2021
Steve Bullock, Govemor
State of Montana
Brenda Nordlund,Acting Commissioner
Department of Labor&Industry
To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing
wage rates,visit ERD at www.mtwaaehourbopa.com or contact:
Employment Relations Division
Montana Department of Labor and Industry
1 P. 0. Box 201503
JI Helena, MT 59620-1503
Phone 406-444-6543
i The department welcomes questions,comments,and suggestions from the public.In addition,we'll do our bestto provide
I information in an accessible format, upon request,in compliance with the Americans with Disabilities Act.
MONTANA PREVAILING WAGE REQUIREMENTS
The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the
Montana Code Annotated (MCA),has determined the standard prevailing rate of wages for the occupations listed in this
publication.
The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401,et seq., MCA.It is required
each employer pay(as a minimum)the rate of wages, including fringe benefits,travel allowance, zone pay and per diem
applicable to the district in which the work is being performed as provided in the attached wage determinations.
All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbor)a.com or by contacting the department
at(406)444-6543.
In addition,this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the
payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing
wage rates, please consult the regulations on the internet at www.mtwap-ehourbopa.com or contact the department at(406)
444-6543.
BRENDA NORDLUND
Acting Commissioner
Department of Labor and Industry
State of Montana
TABLE OF CONTENTS
MONTANA PREVAILING WAGE REQUIREMENTS:
A. Date of Publication .......................................................................................................................................................................... 3
B. Definition of Highway Construction ................................................................................................................................................ 3
C. Definition of Public Works Contract .............................................................................................................................................. 3
D. Prevailing Wage Schedule ............................................................................................................................................................. 3
E. Rates to Use for Projects ................................................................................................................................................................. 3
F. Wage Rate Adjustments for Multiyear Contracts ......................................................................................................................... 3
G. Fringe Benefits .................................................................................................................................................................................. 4
H. Dispatch City ...................................................................................................................................................................................... 4
I. Zone Pay ............................................................................................................................................................................................ 4
J. ComputingTravel Benefits ............................................................................................................................................................. 4
K. Per Diem e 4
L. Apprentices ....................................................................................................................................................................................... 4
M. Posting Notice of Prevailing Wages .............................................................................................................................................. 5
N. Employment Preference ................................................................................................................................................................. 5
0. Projects of a Mixed Nature ............................................................................................................................................................ 5
P. Occupations Definitions Website ................................................................................................................................................... 5
Q. Welder Rates .................................................................................................................................................................................. 5
R. Foreman Rates .............................................................................................................................................................................. 5
WAGE RATES:
BRICK,BLOCK,ANDSTONE MASONS .............................................................................................................................................. 6
CARPENTERS ............................................................................................................................................................................................ 6
CEMENT MASONS AND CONCRETE FINISHERS .........................................................................................................................e 6
CONSTRUCTION EQU IPM ENT OPERATORS
OPERATORSGROUP 1 ....................................................................................................................................................................... 7
OPERATORSGROUP 2 ....................................................................................................................................................................... 7
OPERATORSGROUP 3 ....................................................................................................................................................................... 8
OPERATORSGROUP 4 ....................................................................................................................................................................... 8
OPERATORS GROUP 5 8
OPERATORSGROUP 6 ....................................................................................................................................................................... 8
OPERATORSGROUP 7 ....................................................................................................................................................................... 9
CONSTRUCTION LABORERS
LABORERSGROUP 1 ....................................................................................................................................................................... 9
LABORERSGROUP ....................................................................................................................................................................... 9
LABORERSGROUP ....................................................................................................................................................................... 10
LABORERSGROUP ....................................................................................................................................................................... 10
DIVERS ....................................................................................................................................................................................................... 10
DIVERTENDERS ...................................................................................................................................................................................... 11
ELECTRICIANS .......................................................................................................................................................................................... 11
IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS .............................................................................................. 11
LINE CONSTRUCTION
EQUIPMENTOPERATOR ................................................................................................................................................................. 11
GROUNDMAN ........................................................................................................................................................................................ 12
LINEMAN ................................................................................................................................................................................................. 12
MILLWRIGHTS ........................................................................................................................................................................................... 12
PAINTERS ................................................................................................................................................................................................. 12
PILEBUCKS ............................................................................................................................................................................................... 13
TRUCKDRIVERS ..................................................................................................................................................................................... 13
2
A. Date of Publication January 4,2021
B. Definition of Highway Construction
The Administrative Rules of Montana (ARM),24.17.501(3) - (3)(a),states "Highway construction projects include, but are not
limited to,the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking
areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building
construction or heavy construction.
Highway construction projects include, but are not limited to, alleys,base courses, bituminous treatments, bridle paths,
concrete pavement, curbs, excavation and embankment(for road construction), fencing(highway),grade crossing elimination
(overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade
separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders,
stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways,and trails."
C. Definition of Public Works Contract
Section 18-2-401(11)(a),MCA defines "public works contract' as "...a contract for construction services let by the state, county,
municipality, school district, or political subdivision orfor nonconstruction services let by the state, county, municipality, or
political subdivision in which the total cost of the contract is in excess of$25,000...".
D. Prevailing Wage Schedule
This publication covers only Highway Construction occupations and rates in the specific localities mentioned herein. These rates
will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building
Construction, Heavy Construction and Nonconstruction Services occupations can be found on the internet at
www.mtwagehourboi)a.com or by contacting the department at(406)444-6543.
E. Rates to Use for Projects
ARM, 24.17.127 1 c ,states `The wage rates applicable to a articular public works project are those in effect at the time the
( )( ) g PP P P P I
bid specifications are advertised."
F. Wage Rate Adjustments for Multiyear Contracts
Section 18-2-417, MCA states:
"(1)Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must
include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers
performing the contract.
(2)The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months
after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment
must be made and applied every 12 months for the term of the contract.
(3)Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the
contractor and any subcontractors and not the contracting agency."
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G. Fringe Benefits
Section 18-2-412, MCA states:
"(1)To fulfill the obligation...a contractor or subcontractor may.
(a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages
directly to the worker or employee in cash;
(b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that
meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by
the U.S. department of labor;or
(c)make payments using any combination of methods set forth in subsections (1)(a)and(1)(b)so that the aggregate of
payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel
allowances, applicable to the district for the particular type of work being performed.
(2)The fringe benefit fund, plan, or program described in subsection (1)(b)must provide benefits to workers or employees for
health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet
the requirements of the Employee Retirement Income Security Act of 1974 orthat are approved by the U. S. department of
labor."
Fringe benefits are paid for all hours worked (straight time and overtime hours). However,fringe benefits are not to be
considered a part of the hourly rate of pay for calculating overtime,unless there is a collectively bargained agreement in effect
that specifies otherwise.
H. Dispatch City
ARM, 24.17.103(11),defines dispatch city as "...the courthouse in the city from the following list which is closest to the center
of the job:Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, and Missoula."
I. Zone Pay
Zone pay is not travel pay. ARM, 24.17.103(24),defines zone pay as"...an amount added to the base pay; the combined sum
then becomes the new base wage rate to be paid for all hours worked on the project.Zone pay must be determined by
measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job."
See section H above for a list of dispatch cities.
J. Computing Travel Benefits
ARM, 24.17.103(22),states " 'Travel pay,'also referred to as 'travel allowance,' is and must be paid fortravel both to and from
the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road
miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is
closer, to the center of the job." See section H above for a list of dispatch cities.
K. Per Diem
ARM, 24.17.103(18),states " 'Per diem'typically covers costs associated with board and lodging expenses. Per diem is paid
when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location
overnight or longer."
L.Apprentices
Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs.
Additionally, Section 18-2-416(2),MCA states "...The full amount of any applicable fringe benefits must be paid to the
apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or
state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works
contract.
4
M. PostingNoticeof Prevailing Wages
Section 18-2-406, MCA,provides that contractors, subcontractors, and employers who are "...performing work or providing
construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the
project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible
statement of all wages and fringe benefits to be paid to the employees."
N. Employment Preference
Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana
residents in the performance of work on public works contracts.
0. Projectsof a Mixed Nature
Section 18-2-408, MCA states:
"(1)The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public
works construction services project is classified as a highway construction project, a heavy construction project, or a building
construction project.
N (2)Once the project has been classified, employees in each trade classification who are working on that project must be paid at
the rate for that project classification"
P. Occupations Definitions
You can find definitions for these occupations on the following Bureau of Labor Statistics website:
http://www,bls.,-,ov/oes/currenIJoes stru.htm
Q. Welder Rates
Welders receive the rate prescribed for the craft performing an operation to which welding is incidental.
rR. Foreman Rates
Rates are no longer set for foremen. However, if a foreman performs journey level work,the foreman must be paid at least the
journey level rate.
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WAG E RATES
BRICK, BLOCK AND STONEMASONS
Wage Benefit Travel:
$34.56 $15.75 All Districts
0-70 mi.free zone
Duties Include: >70-90 mi.$60.00/day
Lays out, lays, cuts, installs, and finishes all brick,structural >90 mi.$80.00/day
tile, refractory materials, precast units,concrete, cinder,
glass, gypsum, terra cotta block, and all other natural and
artificial masonry products to construct or repair walls,
partitions, stacks,furnaces, or other structures.
Sets stone to build stone structures such as piers,walls,
and abutments, and lays walks,curbstones, or special
types of masonry for vats,tanks,and floors. May set, cut,
and dress ornamental and structural stone in buildings.
This classification is tended by Tender to Masons Trades:
Brick and Stonemason, Mortar Mixer, Hod Carrier.
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CARPENTERS
Wage Benefit Zone Pay:
$32.00 $13.57 0-30 mi.free zone
>30-60 mi.base pay+$4.00/hr.
>60 mi.base pay+$6.00/hr.
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CEMENT MASONS AND CONCRETE FINISHERS
Wage Benefit Zone Pay.
$24.87 $10.80 0-25 mi.free zone
>25-50 mi.base pay+$2.50/hr.
Duties Include: >50 mi.base pay+$3.00/hr.
Smooth and finish surfaces of poured concrete,such as
floors,walks,sidewalks, or curbs. Align forms for
sidewalks, curbs, or gutters.
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6
CONSTRUCTION EQUIPMENT OPERATORS GROUP 1
Wage Benefit Zone Pay.
$26.52 $11.57 0-25 mi.free zone
>25-50 mi.base pay+$2.50/hr.
This group includes but is not limited to: >50 mi.base pay+$3.00/hr.
Air Compressor;Auto Fine Grader; Belt Finishing; Boring
Machine (Small);Cement Silo;Crane,A-Frame Truck Crane;
Crusher Conveyor; DW-10, 15,and 20 Tractor Roller; Farm
Tractor; Forklift; Form Grader; Front-End Loader, under 1
cu.yd;Oiler, Heavy Duty Drills; Herman Nelson Heater;
Mucking Machine; Oiler, All Except Cranes/Shovels;
Pumpman.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 2
Wage Benefit Zone Pay.
$29.04 $11.57 0-25 mi.free zone
>25-50 mi.base pay+ $2.50/hr.
This group includes but is not limited to: >50 mi.base pay+$3.00/hr.
Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu.
yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring
Machine, Large; Broom,Self-Propelled; Concrete Travel
Batcher; Concrete Float&Spreader; Concrete Bucket
Dispatcher; Concrete Finish Machine;Concrete Conveyor;
Distributor; Dozer, Rubber-Tired, Push, &Side Boom;
Elevating Grader\Gradall; Field Equipment Serviceman;
Front-End Loader, 1 cu.yd up to and incl. 5 cu.yds; Grade
Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All;
Hydralift Forklifts&Similar; Industrial Locomotive; Motor
Patrol (except finish); Mountain Skidder; Oiler,
Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw,
Self-Propelled; Pugmill; Pumperete\Grout Machine; Punch
Truck; Roller,other than Asphalt; Roller, Sheepsfoot(Self-
Propelled); Roller, 25 tons and over;Ross Carrier; Rotomill,
under 6 ft;Trenching Machine;Washing/Screening Plant
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. I
1
CONSTRUCTION EQUIPMENT OPERATORS GROUP 3
Wage Benefit Zone Pay.
$29.51 $12.66 0-25 mi.free zone
>25-50 mi.base pay+ $2.50/hr.
This group includes but is not limited to: >50 mi.base pay+ $3.00/hr.
Asphalt Paving Machine;Asphalt Screed;
Backhoe\Excavator\Shovel, over 3 cu.yds; Cableway
Highline; Concrete Batch Plant; Concrete Curing Machine;
Concrete Pump; Cranes,Creter; Cranes, Electric Overhead;
Cranes, 24 tons and under;Curb Machine\Slip Form Paver;
Finish Dozer; Front-End Loader, over 5 cu.yds;
Mechanic\Welder; Pioneer Dozer; Roller Asphalt
(Breakdown &Finish); Rotomill,over 6 ft;Scraper, Single,
Twin, or Pulling Belly-Dump; YO-YO Cat.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 4
Wage Benefit Zone Pay:
$30.10 $11.57 0-25 mi.free zone
>25-50 mi.base pay+$2.50/hr.
This group includes but is not limited to: >50 mi.base pay+$3.00/hr.
Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl.
44 tons; Crusher Operator; Finish Motor Patrol; Finish
Scraper.
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CONSTRUCTION EQUIPMENT OPERATORS GROUP 5
Wage Benefit Zone Pay:
$31.44 $11.57 0-25 mi.free zone
>25-50 mi.base pay+$2.50/hr.
This group includes but is not limited to: >50 mi.base pay+$3.00/hr.
Cranes, 45 tons up to and incl. 74 tons.
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CONSTRUCTION EQUIPMENT OPERATORS G ROUP 6
Wage Benefit Zone Pay:
$32.13 $11.57 0-25 mi.free zone
>25-50 mi.base pay+ $2.50/hr.
This group includes but is not limited to: >50 mi.base pay+$3.00/hr.
Cranes, 75 tons up to and incl. 149 tons; Cranes,Whirley
(All).
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g
CONSTRUCTION EQUIPMENT OPERATORS G ROUP 7
Wage Benefit Zone Pay:
$34.23 $11.57 0-25 mi.free zone
>25-50 mi.base pay+$2.50/hr.
This group includes but is not limited to: >50 mi.base pay+ $3.00/hr.
Cranes, 150 tons up to and incl. 250 tons; Cranes, over
250 tons—add $1.00 for every 100 tons over 250 tons;
Crane,Tower(All); Crane Stiff-Leg or Derrick; Helicopter
Hoist.
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CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL
Wage Benefit Zone Pay:
$20.90 $11.27 0-25 mi.free zone
>25-50 mi.base pay+ $2.50/hr.
>50 mi.base pay+ $3.00/hr.
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CONSTRUCTION LABORERS GROUP 2
Wage Benefit Zone Pay:
$24.47 $11.27 0-25 mi.free zone
i >25-50 mi.base pay+$2.50/hr.
This group includes but is not limited to: >50 mi.base pay+$3.00/hr.
General Labor;Asbestos Removal;Burning Bar; Bucket
Man; Carpenter Tender; Caisson Worker;Cement Mason
Tender; Cement Handler (dry); Chuck Tender; Choker
Setter; Concrete Worker; Curb Machine-lay Down; Crusher
and Batch Worker; Heater Tender; Fence Erector;
Landscape Laborer; Landscaper; Lawn Sprinkler Installer;
Pipe Wrapper; Pot Tender; Powderman Tender; Rail and
Truck Loaders and Unloaders; Riprapper; Sign Erection;
Guardrail and Jersey Rail;Spike Driver; Stake Jumper;
j Signalman; Tail Hoseman; Tool Checker and Houseman
i and Traffic Control Worker.
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9
CONSTRUCTION LABORERS GROUP 3
Wage Benefit Zone Pay.
$24.19 $11.27 0-25 mi.free zone
>25-50 mi.base pay+$2.50/hr.
This group includes but is not limited to: >50 mi.base pay+ $3.00/hr.
Concrete Vibrator; Dumpman (Grademan); Equipment
Handler; Geotextile and Liners; High-Pressure Nozzleman;
Jackhammer(Pavement Breaker) Non-Riding Rollers;
Pipelayer; Posthole Digger (Power); Power Driven
Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and
Tamper.
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CONSTRUCTION LABORERS GROUP 4
Wage Benefit Zone Pay:
$25.18 $11.27 0-25 mi.free zone
>25-50 mi.base pay+$2.50/hr.
This group includes but is not limited to: >50 mi.base pay+ $3.00/hr.
Hod Carrier***;Water Well Laborer; Blaster; Wagon Driller;
Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; ***Hod Carriers will receive the same amount of travel
Power Saws (Faller&Concrete); Powderman; Rock &Core and/or subsistence pay as bricklayers when requested to
Drill; Track or Truck Mounted Wagon Drill and Welder incl. travel.
Air Arc.
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DIVERS
Wage Benefit Zone Pay:
Stand-By $43.06 $17.36 0-30 mi.free zone
Diving $86.12 $17.36 >30-60 mi.base pay+$4.00/hr.
>60 mi.base pay+$6.00/hr.
Depth Pay (Surface Diving)
0-20 ft. free zone
>20-100 ft. $2.00 per ft.
>100-150ft. $3.00 per ft.
>150-220ft. $4.00 per ft.
>220 ft. $5.00 per ft.
Diving In Enclosures
0-25 ft. free zone
>25-300 ft. $1.00 per ft.
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10
DIVER TENDERS
Wage Benefit Zone Pay.
$42.06 $17.36 0-30 mi.free zone
>30-60 mi.base pay+$4.00/hr.
The tender shall receive 2 hours at the straight time pay >60 mi.base pay+$6.00/hr.
rate per shift for dressing and/or undressing a Diver when
work is done under hyperbaric conditions.
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ELECTRICIANS
Wage Benefit Travel:
$34.59 $16.33 No mileage due when traveling in employer's vehicle.
The following travel allowance is applicable when traveling
in employee's vehicle:
0-18 mi.free zone
>18-60 mi.federal mileage rate/mi.
>60 mi.$75.00/day
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IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS
Wage Benefit Travel:
$29.15 $27.05 0-45 mi.free zone
>45-60 mi.$40.00/day
I Duties Include: >60-100 mi.$65.00/day
l Structural steel erection; assemble prefabricated metal >100 mi.$85.00/day
buildings; cut, bend,tie, and place rebar; energy producing
windmill type towers; metal bleacher seating; handrail Special Provision:
fabrication and ornamental steel. When the employer provides transportation, travel will not
be paid. However,when an employee is required to travel
over 70 miles one way, the employee may elect to receive
Ithe travel pay in lieu of the transportation.
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I
LI N E CONSTRUCTION - EQUIPMENT OPERATORS
Wage Benefit Travel:
$34.94 $16.41 No Free Zone
$60.00/day
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11
LINE CONSTRUCTION - GROUNDMAN
Wage Benefit Travel:
$27.26 $15.79 No Free Zone
$60.00/day
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LINE CONSTRUCTION - LINEMAN
Wage Benefit Travel:
$45.64 $17.32 No Free Zone
$60.00/day
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M I LLWRIGHTS
Wage Benefit Zone Pay:
$36.97 $14.02 0-30 mi.free zone
>30-60 mi.base pay+$4.00/hr.
>60 mi.base pay+ $6.00/hr.
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PAINTERS
Wage Benefit Zone Pay:
$28.00 $10.30 0-25 mi.free zone
>25-50 mi.base pay+$2.50/hr.
>50 mi.base pay+ $3.00/hr.
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12
PILE BUCKS
Wage Benefit Zone Pay.
$32.00 $13.57 0-30 mi.free zone
>30-60 mi.base pay+$4.00/hr.
Duties Include: >60 mi.base pay+$6.00/hr.
All pile driving, bridge, wharf, building, and caisson work,on
both land and water. General pile driving work includes all
labor employed in the barking, shoeing, splicing, form
building, heading, centering, placing, driving, staying,
framing, fastening, demo,tooling of the cutter head,
Lagging, automatic pile threading, pulling, and/or cutting
off of all piling, to include all pile of any make and material
as well as similar pre-cast structural shapes or units the
setting of which is performed with a pile driver, derrick,
crane, or similar power equipment. Fabrication, forming,
handling, and setting of all such pre-cast, pre-stressed and
post-stressed shapes that are an integral part of any heavy
structure, rafting, boring, reeving, dogging, or booming of
piles or other material. This includes the unloading of piling
of all types together with the wailing and bracing included.
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i
TRUCK DRIVERS
Wage Benefit Zone Pay:
Pilot Car Driver $22.39 $10.16 All Districts
Truck Driver $28.21 $10.16 0-25 mi.free zone
>25-50 mi.base pay+$2.50/hr.
Truck drivers include but are not limited to: >50 mi.base pay+ .$3.00/hr.
Combination Truck and Concrete Mixer and Transit Mixer;
Dry Batch Trucks; Distributor Driver; Dumpman; Dump
Trucks and similar equipment; Dumpster; Flat Trucks;
Lumber Carriers; Lowboys; Pickup; Powder Truck Driver;
Power Boom;Serviceman; Service Truck/Fuel
( Truck/Tireperson; Truck Mechanic;Trucks with Power
Equipment; Warehouseman, Partsman, Cardex and
Warehouse Expeditor; Water Trucks.
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I
13
5
1
NOTICE OF AWARD
Dated:
TO:
ADDRESS:
i
PROJECT:
CONTRACT FOR:2021 South 6th Avenue Reconstruction Project
You are notified that your Bid opened on ,for the above Contract has been considered. You are the
apparent Successful Bidder and have been awarded a Contract for the:2021 South 6th Avenue Reconstruction Project.
The Contract Price of your Contract is: Dollars
Four(4)copies of each of the proposed Contract Documents(except Drawings)accompany this Notice ofAward. Two
(2)sets of the Drawings will be delivered separately or otherwise made available to you immediately.
1 You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award,
that is,by
I. You must deliver to the OWNER Four (4) fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Instruction to
Bidders(Article 20),and the General Conditions(paragraph 5.01).
3. List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in the General
Conditions(Article 5)and Supplementary Conditions(paragraphs SC-5.04 and SC-5.06).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to
annul this Notice of Award,and to declare your Bid Security forfeited.
Within ten(10)days after you comply with these conditions,OWNER will return to you two fully signed counterpart of
the Agreement with the Contract Documents attached.
CITY OF BOZEMAN,MONTANA ATTEST:
BY: BY:
(CITY MANAGER) (CITY CLERK)
J DATE:
l
l
Notice to Proceed
Date:
Project:
Owner: Owner's Contract No.:
Contract: Engineer's Project No.:
Contractor:
Contractor's Address:[send Certified Mail,Return Receipt Requested]
You are notified that the Contract Times under the above Contract will commence to run
on . On or before that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion
is , and the date of readiness for final payment is [(or) the number of days to achieve
Substantial Completion is , and the number of days to achieve readiness for final payment is
I
Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions
provides that you and Owner must each deliver to the other (with copies to Engineer and other
identified additional insureds and loss payees) certificates of insurance which each is required to
purchase and maintain in accordance with the Contract Documents.
Also,before you may start any Work at the Site,you must:
[add other requirements].
Owner
Given by:
Authorized Signature
Title
Date
Copy to Engineer
EJCDC C•550 Notice to Proceed
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 1
MONTHLY PAY ESTIMATE SUMMARY
Date
2021 South 6th Avenue Reconstruction Project
City of Bozeman, Montana
Estimate No. - to 12021
DESCRIPTION AMOUNTS
THIS MONTH PREVIOUS TO DATE
Earnings for Work& Materials
Installed: $0.00 $0.00 $0.00
Plus 100% of Invoice for
Materials Stored: $0.00 $0.00 $0.00
Less Materials Used: $0.00 $0.00 $0.00
Subtotal: $0.00 $0.00 $0.00
l 5% Retainage: $0.00 $0.00 $0.00
Net Earnings: $0.00 $0.00 $0.00
Less 1% Gross Receipts Tax: $0.00 $0.00 $0.00
Gross Payment: $0.00 $0.00 $0.00
Less Previous Payments: $0.00
Net Payment this Estimate: $0.00 $0.00
IPercent Time Elapsed: #VALUE!
Work Done Based on Installed Cost: #DIV/0!
Contract Completion Data:
Notice to Proceed Date:
Original Contract Completion Time (dy): 90
Stop/Resume Work Orders (dy): 0
Approved Time Extensions (dy): 0
New Contract Completion Time (dy): 90
Contract Completion Date: 3/30/1900
IContract Cost Data:
Amount of Original Contract: $0.00
I Approved Changes: $0.00
Revised Amount: $0.00
IApproved by (Contractor):
Approved by City of Bozeman (Owner):
1
I
l
PAY ESTIMATE
2021 South 6th Avenue Reconstructon Project
CONTRACTOR: ENGINEER: City of Bozeman
P.O.Box 1230
Bozeman,MT 59771
PAY ESTIMATE NO._
to 2021
QUANTITY COMPLETED AMOUNT EARNED
PLAN THIS PREVIOUS TO BID THIS PREVIOUS TO
ITEM DESCRIPTION UNIT QUANTITY ESTIMATE ESTIMATE DATE PRICE ESTIMATE ESTIMATE DATE
SCHEDULE1
101 Taxes,Bonds,Insurance LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00
102 Mobilization LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00
103 Unclassified Excavation Above Subgrade CY 2,169 0 0 0 $0.00 $0.00 $0.00 $0.00
104 Remove Existing Concrete Curb LF 1,878 0 0 0 $0.00 $0.00 $0.00 $0.00
105 Remove Existing Concrete Sidewalk,Ped SF 2,281 0 0 0 $0.00 $0.00 $0.00 $0.00
Ramps,Drive Alley Approaches
106 Geotextile Separation Fabric SY 4,320 0 0 0 $0.00 $0.00 $0.00 $0.00
107 3"Minus Uncrushed Subbase CY 1,200 0 0 0 $0.00 $0.00 $0.00 $0.00
108 1"Minus Crushed Base Course CY 600 0 0 0 $0.00 $0.00 $0.00 $0.00
109 Asphalt Concrete Pavement 3"Thickness SY 2,810 0 0 0 $0.00 $0.00 $0.00 $0.00
110 Concrete Curb&Gutter LF 1,878 0 0 0 $0.00 $0.00 $0.00 $0.00
111 Ped Ramps,Drive&Alley Approaches, SF 1,900 0 0 0 $0.00 $0.00 $0.00 $0.00
&Sidewalk(6"depth)
112 Concrete Fillet&Double Ginter SF 560 0 0 0 $3.00 $0.00 $0.00 $0.00
113 Concrete Sidewalk 4"Depth SF 645 0 0 0 $0.00 $0.00 $0.00 $0.00
i 114 ADA Detectable Warning Panel SF 144 0 0 0 $0.00 $0.00 $0.00 $0.00
115 Trench Restoration SY 384 0 0 0 $0.00 $0.00 $0.00 $0.00
116 Asphalt Surface Restoration SY 270 0 0 0 $0.00 $0.00 $0.00 $0.00
117 4"Sch 80 PVC Conduit LF 162 0 0 0 $0.00 $0.00 $0.00 $0.00
118 Site Restoration&Sod LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00
119 Boulevard Topsoil Excavation CY 10 0 0 0 $0.00 $0.00 $0.00 $0.00
120 Traffic Control LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00
121 2"Square Tube Metal Posts LF 143 0 0 0 $0.00 $0.00 $0.00 $0.00
122 Aluminum Signs SF 3 0 0 0 $0.00 $0.00 $0.00 $0.00
123 Epoxy Pavement Marking-Curb Top&Face GAL 8 0 0 0 $0.00 $0.00 $0.00 $0.00
124 Construction Staking LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00
125 Exploratory Excavation Hour 5 0 0 0 $0.00 $0.00 $0.00 $0.00
126 Miscellaneous Work EA 50,000 0 0 0 $0.00 $0.00 $0.00 $0.00
SCHEDULE2
201 Connection to Existing Main EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00
202 8"MJ Gate Valve w/V.B. EA 5 0 0 0 $0.00 $0.00 $0.00 $0.00
203 8"x 6"MJ Reducer EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00
204 8"x 6"MJ Tee EA 3 0 0 0 $0.00 $0.00 $0.00 $0.00
205 Existing Hydrant Connection EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00
206 8"CL 51 D.I.P. LF 931 0 0 0 $0.00 $0.00 $0.00 $0.00
207 Service Reconnection w/in trench limits EA 32 0 0 0 $0.00 $0.00 $0.00 $0.00
2"diameter and smaller
208 Service Reconnection outside trench limits LF 140 0 0 0 $0.00 $0.00 $0.00 $0.00
2"diameter and smaller
209 Install Expansion Tank&Backflow Preventer EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00
210 Fire Hydrant 6'bury EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00
211 Fire Hydrant 6.5'bury EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00
212 Remove Existing Hydrant EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00
213 Insulation LF 931 0 0 0 $0.00 $0.00 $0.00 $0.00
214 Temporary Water System LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00
215 Type 2 Pipe Bedding CY 50 0 0 0 $0.00 $0.00 $0.00 $0.00
216 Imported Backfill Material CY 50 0 0 0 $0.00 $0.00 $0.00 $0.00
217 Locate&Repair Sewer Service EA 6 0 0 0 $0.00 $0.00 $0.00 $0.00
218 Miscellaneous Work EA 10,000 0 0 0 $0.00 $0.00 $0.00 $0.00
SCHEDULE 3
301 Remove Existing Manhole EA 3 0 0 0 $0.00 $0.00 $0.00 $0.00
302 8"SDR 26 PVC Sewer Main LF 1,249 0 0 0 $0.00 $0.00 $0.00 $0.00
303 4'Dia.Basic Manhole 5'-0"Depth EA 4 0 0 0 $0.00 $0.00 $0.00 $0.00
304 4'Dia.Additional Manhole Depth VF 15.1 0 0 0 $0.00 $0.00 $0.00 $0.00
305 4"Sewer Service Connection EA 39 0 0 0 $0.00 $0.00 $0.00 $0.00
306 4"SDR 26 Sewer Service LF 500 0 0 0 $0.00 $0.00 $0.00 $0.00
307 Bypass Pumping LS 1 0 0 0 $0.00 $0.00 $0.00 $0.00
308 Miscellaneous Work EA 10,000 0 0 0 $0.00 $0.00 $0.00 $0.00
SCHEDULE 4
401 Remove Existing Storm Sewer Inlet EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00
402 12"SDR 35 PVC Storm Sewer Pipe LF 56 0 0 0 $0.00 $0.00 $0.00 $0.00
403 Reset 12"RCP Storm Sewer Pipe LF 56 0 0 0 $0.00 $0.00 $0.00 $0.00
404 Standard Storm drain Inlet EA 1 0 0 0 $0.00 $0.00 $0.00 $0.00
405 4'Diameter Combination Storm EA 2 0 0 0 $0.00 $0.00 $0.00 $0.00
Manhole/Inlet
406 Connection to Existing Storm Manhole EA 3 0 0 0 $0.00 $0.00 $0.00 $0.00
407 Miscellaneous Costs EA 5000 0 0 0 $1.00 $0.00 $0.00 $0.00
SUBTOTAL BID ITEM WORK INSTALLED $0.00 $0.00 $0.00
Materials in Storage $0.00 $0.00 $0.00
Materials out of Storage $0.00 $0.00 $0.00
SUBTOTAL $0.00 $0.00 $0.00
Total Amount Due $0.00 $0.00 $0.00
Less Retainage 5% $0.00 $0.00 $0.00
Subtotal $0.00 $0.00 $0.00
Less 1%Gross Reciepts Tax $0.00 $0.00 $0.00
Subtotal $0.00 $0.00 $0.00
Less Previous Payments $0.00 $0.00
Total Due This Payment $0.00 $0.00
CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK#
PO Box 1230 • Bozeman, MT 59771-1230
(406) 582-2334
PAY TO: Date Paid:
TOTAL $
VENDOR#
DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT
TOTAL
CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED:
1. 2.
DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW:
I,the undersigned,do solemnly swear,that I am of
OFFICIAL TITLE COMPANY OR CORPORATION
I am authorized to sign for said claimant,and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid.
Sign here: Phone: SS#or Tax ID# Business License#
THE CITY OF BOZEMAN MUST HAVE YOUR SS#OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS
lCLAIM WILL BE PROCESSED.
l
I
-1
Field Order
No.
Date of Issuance: Effective Date:
Project: Owner: Owner's Contract No.:
Contract: Date of Contract:
Contractor: Engineer's Project No.:
Attention:
You are hereby directed to promptly execute this Field Order issued in accordance with General
Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price
or Contract Times. If you consider that a change in Contract Price or Contract Times is
required,please notify the Engineer immediately and before proceeding with this Work.
Reference:
(Specification Section(s)) (Drawing(s)/Detail(s))
Description:
Attachments:
Engineer:
Receipt Acknowledged by Contractor: Date:
Copy to Owner
EJCDC C-942 Field Order
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 1
Certificate of Substantial Completion
Project:
Owner: Owner's Contract No.:
Contract: Engineer's Project No.:
This [tentative] [definitive] Certificate of Substantial Completion applies to:
❑All Work under the Contract Documents: ❑The following specified portions of the Work:
I
IDate of Substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of Owner,
Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion
of the Project or portion thereof designated above is hereby declared and is also the date of
commencement of applicable warranties required by the Contract Documents,except as stated below.
A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not
be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
The responsibilities between Owner and Contractor for security,operation,safety,maintenance,
heat,utilities,insurance and warranties shall be as provided in the Contract Documents except as
amended as follows:
❑Amended Responsibilities ❑Not Amended
Owner's Amended Responsibilities:
l
Contractor's Amended Responsibilities:
1
I
EJCDC C-625 Certificate of Substantial Completion
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 2
1
The following documents are attached to and made part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the
Contract Documents.
Executed by Engineer Date
Accepted by Contractor Date
Accepted by Owner Date
EJCDC C-625 Certificate of Substantial Completion
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 2 of 2
Work Change Directive
No.
Date of Issuance: Effective Date:
Project: Owner:City of Bozeman Owner's Contract M
Contract: Date of Contract:
Contractor: Engineer's Project M
You are directed to proceed promptly with the following change(s):
Item No. Description
Attachments(list documents supporting change):
Purpose for Work Change Directive:
❑ Authorization for Work described herein to proceed on the basis of Cost of the Work due to:
❑ Nonagreement on pricing of proposed change.
❑ Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time.
❑ Other:
Estimated change in Contract Price and Contract Times:
Contract Price$ (increase/decrease) Contract Time (increase/decrease)
If the change involves an increase,the estimated amounts are not to be exceeded without further authorization.
Recommended for Approval by Engineer: Date:
Authorized by Owner: Date:
Accepted for Contractor by: Date:
Approved by Funding Agency(if applicable): Date:
CHANGE ORDER
No.
DATE OF ISSUANCE EFFECTIVE DATE
OWNER CONTRACTOR
IContract:
1 Project: OWNER's Contract No.
ENGINEER ENGINEER's Contract No.
You are directed to make the following changes in the Contract Documents:
Description:
Reason for Change Order:
Attachments: (List documents supporting change)
l CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price Original Contract Times:
Substantial Completion:
I $ Ready for final payment:
(days or dates
Net Increase(Decrease)from previous Change Net change from previous Change Orders No._to
Orders No._to_: No.
Substantial Completion:
$ Ready for final payment:
(days)
1 Contract Price prior to this Change Order: Contract Times prior to this Change Order:
I Substantial Completion:
$ Ready for final payment:
(days or dates
Net increase(decrease)of this Change Order: Net increase(decrease)this Change Order:
Substantial Completion:
$ Ready for final payment:
(days)
Contract Price with all approved Change Orders: Contract Times with all approved Change Orders:
Substantial Completion:
$ Ready for final payment:
(days or dates)
Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time,delays or
omitted items,of any nature whatsoever, associated with the subject change order items,except as identified and set
forth herein and unless expressly stated otherwise in the Change Order. And further,that the price agreed-upon herein
represents the full cost and value for the subject work performed and the materials supplied under the terms of the
contract and that the work quantities and value were properly determined and are correct.
CONTRACTOR(Authorized Signature) Date
RECOMMENDED BY: APPROVED BY:
I (ENGINEER-Signature) Date OWNER(Authorized Signature) Date
EJCDC 1910-8-B(1996 Edition
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the
Construction Specifications Institute.
Page 1 of 2
\\NAS\Departments\Engineering\CIP Projects\STREETS\S 6th-Babcock to Cleveland 2021\Spec Book\16-COB Change Order Form.doc
I ,
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.
Page 2 of 2
\\NAS\Departments\Engineering\CIP Projects\STREETS\S 6th-Babcock to Cleveland 2021\Spec Book\16-COB Change Order Form.doc
ORDER TO CONTRACTOR TO SUSPEND WORK
Federal/State Project Number Suspend Work Order No.
DATE:
City of Bozeman Project Number
TO: PROJECT AND LOCATION
OWNER:
By reason of
which renders it impracticable for you to secure specified results on the work required by your
contract, you are hereby directed to suspend work(minor operations excepted), at the close of work
on
You will resume major operations only when authorized to do so in writing by a Resume Work Order.
Under the terms of your contract for the above subject project, Contract Time will (will not)continue
to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15
and applicable Supplementary Conditions). calendar days are allowed to complete this
project and calendar days have been allowed for approved extra and/or additional work.
At the close of work on the date specified above, of the calendar days have been
used and there remain calendar days in which to complete the contract.
Please sign all five copies in the space provided and return them to this office. One approved copy
will be returned for your files.
CONTRACTOR OWNER
Receipt Acknowledged, Date: BY:
BY: TITLE:
TITLE: Address for Correspondence:
Order to Contractor to Suspend Work—Page 1 of 1
\\NAS\Departments\Engineering\CIP Projects\STREETS\S 6th-Babcock to Cleveland 2021\Spec Book\17-suspend_wrk.doc
1/28/21
ORDER TO CONTRACTOR TO RESUME WORK
Federal/State Project Number Resume Work Order No.
DATE:
City of Bozeman Project Number
TO: PROJECT AND LOCATION
OWNER:
The Suspend Work Order, dated directed you to suspend work on your contract, for the
reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are
I hereby directed to resume major operations on this project effective
Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was
suspended.
At the close of work on the date specified in the last Suspend Work Order, of the calendar days
Contract Time had been used. calendar days were charged during the period work was suspended,
ltherefore, on the date this resume work order is effective, calendar days of Contract Time remain.
The (revised) contract completion date is 20
Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for
your file.
CONTRACTOR OWNER
Receipt Acknowledged, Date: BY:
BY: TITLE:
TITLE: Address for Correspondence:
9
I
1
1
Order to Contractor to Resume Work— Page 1 of 1
SPECIAL PROVISIONS
1. GENERAL
A
The work to be performed under this contract involves furnishing all labor, materials, equipment,
supplies and services necessary for the reconstruction of South 6th Avenue from Babcock Street to
Cleveland Street along with associated utility replacement,ADA ramps and drive approaches in the
City of Bozeman.
All work shall be performed in accordance with applicable sections of the Montana Public Works
Standard Specifications Sixth Edition(MPWSS),Oh Edition,and as further modified by the City of
Bozeman Modifications to MPWSS, 61h Edition, which is hereby included as part of these
specifications. All references to MPWSS sections,unless otherwise noted, are a reference to said
Montana Public Works Standard Specifications.
q'
All correspondence and official authorization concerning the work shall be with the City Engineer or
his designated representatives as identified at the preconstruction meeting. Any changes in the Work
r or schedule not authorized by the above shall be deemed as unauthorized and shall be done at
Contractors risk at no cost to the Owner. All damages,reparations, and costs thus incurred during
the progress of such unauthorized work shall be borne exclusively by the Contractor.
2. SCOPE OF WORK
The work involves Reconstruction of South 6th Avenue from Babcock Street to Cleveland Street
including: replacement of existing water mains, valves, fittings and appurtenances, sewer mains
and manholes, and storm drainage pipe, inlets and manholes; removing the existing road section
from curb to curb and constructing a new road section,new signage, spot replacement of existing
sidewalks, adjusting existing utilities to accommodate the new roadway,restoring boulevards to
pre-existing conditions and all related work incidental to construction.
3. AWARD OF CONTRACT
If the contract is awarded,the Owner will award a single Contract in accordance with the Instructions
to Bidders. Bidders shall submit a Bid for all Bid Schedules on a unit price basis for each item
of Work listed as provided and described above. The Owner reserves the right to accept or reject
the Bids,or portions of the Bids denoted as separate schedules or alternates. The award will be made
by the Owner on the basis of that Bid from the lowest responsive,responsible Bidder which, in the
Owner's sole and absolute judgment,will best serve the interest of the Owner. The low bidder will
be determined on the basis of the lowest Total Combined Schedule 1, 2, 3 and 4 Bid.
The award of the contract, if awarded,will be made within the period specified in the Invitation to
Bid to the lowest responsive, responsible Bidder who's Bid complies with all the requirements
prescribed herein. The successful Bidder will be notified by letter,mailed to the address shown on
1 SPECIAL PROVISIONS
the Bid,that his Bid has been accepted and that he has been awarded a contract.
4. TIME OF COMMENCEMENT AND COMPLETION DATE
The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by
the City Engineer to the Contractor. A separate notice to proceed may be issued for each separate or
combined bid schedule. Where multiple schedules are awarded under a single contract,the contract
times shall run concurrently,unless the City agrees to issue separate notices to proceed.The Contract
Time will expire automatically after the number of calendar days stated as Contract Time,except as
the Contract Time may be extended by change order.
5. LIQUIDATED DAMAGES
Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated
damages for failure of the Bidder to complete the work within the specified contract time.
The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred
by the Owner during the contract time overrun.
As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of
$900.00 per calendar day for each day that the work remains uncompleted beyond the contract
period.
Liquidated damages shall be paid by deduction from monthly progress payments and the final
payment.
6. COST LIMITATIONS
The Owner reserves the right to eliminate or reduce certain proposal items from the project following
the Bid Opening to make the project financially feasible with the limitations of the funds allocated
for this project. The determination of which items shall be eliminated shall be the responsibility of
the Owner.
7. NAMES, PRODUCTS AND SUBSTITUTIONS
Where products or materials are specified by manufacturer,trade name,or brand,such designations
are intended to indicate the required quality, type, utility, and finish. Requests for proposed
substitution shall include complete specifications and descriptive data to prove the equality of
proposed substitutions. Substitutions shall not be made without the written approval of the Owner.
No substitutions will be considered until after contract award.
8. APPROVAL OF EQUIPMENT AND MATERIALS
2 SPECIAL PROVISIONS
i
1.
The Contractor shall furnish to the Owner or its Engineer for approval the name of the manufacturer
of machinery, mechanical and other equipment and materials which he contemplates using in
execution of the work,together with the performance capacities and such other information which
may be pertinent or required by the Owner.
9. BIDDER'S QUALIFICATIONS
The Contractor shall show evidence that he has the finances,organization,and equipment to perform
the work with a limited number of subcontractors. The Contractor will be required to have a full-
time resident General Superintendent on the job at all times while the work is in progress. He shall
be in a position to direct the work and make decisions either directly or through immediate contact
with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to
stop all work on the project.
10. WARRANTY
If, within two years after acceptance of the work by the Owner, any of the work is found to be
defective or not in accordance with the Contract Documents, and upon written notice from the
Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said
written notice. Should the Contractor fail to respond to the written notice within the designated time,
the Owner may correct the work at the expense of the Contractor.
11. SCHEDULING
Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City
R Engineer the following schedules:
R A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order,timing,
i and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar
Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to
reflect project changes.
B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment
that will become due the Contractor in accordance with the Construction Progress Schedule.
C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for
the specific conditions involved with each construction schedule.
The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No
work shall be done outside of these hours unless specifically approved by the City Engineer.
12. PRECONSTRUCTION CONFERENCE
After the contract(s) have been awarded, but before the start of construction, a conference will be
3 SPECIAL PROVISIONS
held at the City Engineer's Office,20 E. Olive Street,for the purpose of discussing requirements on
such matters as project supervision, on-site inspections, progress schedules and reports, payrolls,
payment to contractors,contract change orders,insurance,safety,and any other items pertinent to the
project. The Contractor shall arrange to have all supervisory personnel and a representative from
each of the affected utility companies connected with the project on hand to meet with a
representative of the Owner to discuss the project and any problems anticipated.
13. SHOP AND FABRICATION DRAWINGS
The Contractor shall prepare and submit fabrication drawings, design mix information, material
testing compliance data, and other data, in accordance with the General Conditions. Following
review,the Contractor shall resubmit copies of any drawings which required revision or correction.
Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions,
inadequate design performance requirements, schedule requirements, and proper operation of any
item required under the Contract. Notwithstanding any such review,Contractor shall remain solely
responsible for full and complete performance in accordance with the terms,conditions,provisions,
drawings and specifications set forth in the Contract Documents.
14. UNDERGROUND UTILITIES
The Contractor shall be responsible for checking with the Owners of underground utilities such as
the City, County, power and telephone companies, etc. as to the location of their underground
installations in the project area. The Contractor shall be solely responsible for any damage done to
these installations due to failure to locate them or to properly protect them when their location is
known.
It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies
and to keep them informed of his construction activities so that these vital installations are fully
protected at all times.
A Montana One-call system,phone number 1-800-424-5555 has been set up to facilitate requests for
underground facility locate information. The Contractor is responsible for contacting the One-call
system prior to any excavation.
15. EASEMENTS, RIGHTS-OF-WAY,ADJOINING PROPERTY
The Contractor shall contain all of his construction operations within the easements and rights of
way unless written approval is secured from the owner of the adjoining property or written approval
is given by the Owner to utilize the adjacent land area.
16. TRAFFIC CONTROL
B. General. The Contractor shall at all times conduct his operations so that there is a
4 SPECIAL PROVISIONS
minimum interruption in the use of the City's streets affected by the work. Exact procedures in this
respect shall be established in advance of construction with the City Engineer.
Barricade function, design and construction shall conform to the latest edition of the Manual on
Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge
Construction of the State Highway Commission of Montana latest Edition.
Should construction of the project require the closure of any streets,roads or highways or require
night-time or long-term traffic control, the Contractor will be required to prepare a detailed
TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the
specific conditions. Traffic control plans shall be in conformance with the requirements of the
j Manual on Uniform Traffic Control Devices. In regards to closures,the plan shall include specific
details on traffic detours and estimated durations of the closures. Details of signing, barricades,
flagging and other traffic control devices shall be presented. The traffic control plan shall be
japproved by the Owner prior to construction. The Contractor may be required to modify or adjust a
traffic control set-up to fit specific field conditions encountered during construction.
dC. Traffic Access. Construction work shall be programmed by the Contractor so that local
traffic will have continuous access within one block of any given property. It shall be the
responsibility of the Contractor to notify all affected residents in the area of programmed work, of
street closures, parking requirements and restrictions, and any other conditions, a minimum of
twenty-four(24)hours prior to beginning work within the affected area. All signing,barricades,and
other traffic control measures shall be provided by the Contractor.
D. Warning Signals. All streets,roads,highways and other public thoroughfares which are
closed to traffic shall be protected by means of effective barricades on which shall be placed,
mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting
public highway or street on each side of the blocked section.
All open trenches and other excavations within the construction area shall be provided with suitable
barriers,signs and lights to the extent that adequate public protection is provided. All abrupt grade
changes greater than one inch which traffic is required to pass over;and obstructions,including but
not limited to, material stockpiles and equipment shall be similarly protected.
All barricades and obstructions shall be illuminated by means of warning lights at night. All lights
used for this purpose shall be kept burning from sundown to sunrise.
lE. Notifications. The Contractor shall coordinate all of the Contractor's construction
activities to minimize conflicts at the work site,off-site events,or other construction projects nearby.
I The Contractor shall notify all affected residents and businesses,the Bozeman Police,Fire, Street,
and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance
Service,and Allied Waste Services of all planned street closures a minimum of 24 hours before any
actual street closure. In addition,all businesses affected by a street closure shall be given seven(7)
days advance notice of the upcoming street closure. The Contractor shall maintain a log of all
5 SPECIAL PROVISIONS
advance notifications that have been made for each street segment construction site.Prior to closure
of any collector or arterial street, the Contractor shall prepare a news release announcing the
upcoming street closure which shall specify at a minimum the impact of the construction upon the
public and the duration of the work. At least three days prior to the street closure, the Contractor
shall submit the news release to all local news media, and shall cause the news release to be
published as a display ad in the Bozeman Daily Chronicle.
F. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street
Department and the Montana Department of Transportation when working in or near a signalized
intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street
Department and the Montana Department of Transportation.
G. Work Methods.
1. The Contractor shall position all traffic control devices according to plan prior
to positioning personnel or equipment on the traveled way.
2. The Contractor shall inspect and check the work zone traffic control frequently
including weekends, holidays, and other non-working days, and shall correct any
deficiencies discovered. The Contractor shall keep a log of all inspections.
3. Construction traffic control devices shall be removed or covered when they are
not being used for construction activities.
4. If the Contractor fails to correct a deficiency in the traffic control system that
the Engineer deems a necessary traffic control modification to expedite the
movement of traffic or an emergency hazard to life and/or property,the Owner
may correct the deficiency and be reimbursed for all costs from the next progress
payment to the Contractor.
5. Flagging shall be only performed by certified and properly equipped
flagpersons. Flagging shall be done as described in the booklet"Instructions to
Flagpersons"published by the Montana Department of Transportation.
6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians
to the greatest extent possible. When necessary, pedestrian detours shall be
established or the sidewalk shall be properly closed to travel in accordance with
the MUTCD and City of Bozeman requirements.
7. The Contractor shall schedule the work to minimize inconvenience to the
Owner and to adjacent property owners and to minimize interruptions to utility
service and through traffic. The Contractor shall maintain vehicular access to local
businesses at all times. Work shall be scheduled so as to minimize disruptions to
local mail and freight delivery. The Contractor shall maintain vehicular access to
6 SPECIAL PROVISIONS
i
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N
residences able to be used after each shift.
Street closures shall be closures to through traffic with local traffic allowed.
Provide channelization, flaggers, or other measures necessary to allow the safe
passage of local vehicles to access residences that are within the work zone but
I not blocked by construction. Notify all residents at least 24 hours in advance of
I any access restrictions for individual approach or street closures. Schedule work
such that individual approach closures last no more than a single shift.
The Contractor shall utilize whatever means he deems necessary to allow traffic
on driveway curbs and aprons a maximum of 10 days after they are poured unless
lapproval is specifically granted by the homeowner to leave them closed for a
longer period of time. The Contractor will be responsible for any cracking or
1 broken sidewalk that may result from use of the driveways.
8. The Contractor shall designate one (1) employee whose primary purpose shall
be to coordinate traffic control and shall provide a 24 hour per day telephone
number or numbers to contact this person.
f 17. ADDITIONAL TRAFFIC CONTROL REQUIREMENTS
For the duration of the project, the contractor must limit street closures along South 6th Avenue to
Nfour(4)blocks in length. Before extending any street closure beyond an initial four block closure,
the street within the existing closure must be restored to a drivable condition and reopened to local
traffic in order to maintain a maximum of four(4)blocks of closure along South 6"Avenue at any
given time.
A street section may be reopened to local traffic before finish grade asphalt is in place, under the
following conditions:
1. Curb and gutter is complete within the street section
2. All concrete flatwork is complete within the street section, including driveway approaches
and pedestrian ramps
3. Road base has been graded and compacted to bottom of asphalt elevation
4. The contractor shall be responsible for this section of street until such a time that the City
accepts ownership of the street through signing a substantial completion form.
18. DISPOSAL, EROSION, WATER POLLUTION,AND SILTATION CONTROL
The Contractor is responsible for proper disposal,of all waste soils, materials, and slurries unless
otherwise directed herein. Where waste materials are disposed on private property not owned by the
Contractor, evidence of property owner's written permission shall be obtained and provided to the
Owner. Contractor shall comply with all Local, State,and Federal laws and regulations pertaining to
fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in
7 SPECIAL PROVISIONS
an approved location.
This project is greater than 1.0 acres in area and therefore a storm water pollution prevention plan
(SWPPP)is required to be submitted to the Montana Department of Environmental Quality and the
City of Bozeman Stormwater Division. Compiling and submitting the SWPPP is the responsibility
of the contractor. This plan must be approved by both the city and the Montana DEQ prior to
scheduling a preconstruction meeting. No construction activities may take place under this contract
until the SWPPP has been approved. The city will review the permit for adequacy and the state will
review the permit for completeness. Please allow 1 week for the City to review the SWPPP.
The Contractor shall exercise all reasonable precautions throughout the life of the project to prevent
pollution or siltation of the city stormwater system, rivers, streams or impoundments. Pollutants
such as chemicals,slurries,fuels,lubricants,bitumens,raw sewage,and other harmful wastes shall
not be discharged into the city stormwater system or into or alongside of rivers, streams,
impoundments or into natural or manmade channels leading thereto. In addition,the Contractor shall
conduct and schedule his operations to avoid muddying or silting of rivers, streams or
impoundments. The Contractor shall meet the requirements of the applicable regulations of the
Montana DEQ,Department of Fish, Wildlife and Parks,Department of Health and Environmental
Sciences and other State or Federal regulations relating to the prevention or abatement of water
pollution and siltation. The Contractor's specific attention is directed to the Montana Water Quality
Act and the Montana Stream Preservation Act.
The Contractor shall be responsible for obtaining any required discharge permits associated with
groundwater de-watering operations and stormwater runoff. All debris or waste materials shall be
cleaned up by the end of the work day.
19. PROTECTION OF EXISTING PAVEMENT
All equipment shall be fitted with pads on the outriggers and other accessories as necessary to
prevent damage to existing pavement during the course of the project. Any damages to pavement
shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer.
20. MANHOLES, VALVE AND MONUMENT BOXES
All manholes,valve and monument boxes shall be protected with heavy builder's paper until final
coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and
manholes which are not protected. All manholes and boxes which are at the edges of the defined
limits of construction shall be treated as if they are completely within the construction area and the
area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in
so as to provide a gradual transition over such manhole and/or box.
It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance
of its utilities. The Contractor shall schedule his work to provide timely access to manholes and
valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately
8 SPECIAL PROVISIONS
i
1
r 7
re-exposed shall be subject to being uncovered by City crews without notice in response to
emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no
cost to the City.
21. OPERATION OF EXISTING VALVES
All existing City of Bozeman water main valves shall be operated by authorized personnel of the
City of Bozeman only. The Contractor shall not operate any existing valves without the written
Iconsent of the City of Bozeman.
I22. SALVAGEABLE ITEMS
Any items removed from the existing system under the terms of this contract shall remain the
property of the Owner. Should the owner choose not to accept any salvageable items, then the
Contractor shall dispose of those items at his expense at a site or landfill acceptable to the engineer.
Any costs for the above referenced work shall be at the contractor's expense.
I23. ACCESS TO RECORDS
I The Contractor shall allow access to any books, documents,papers and records which are directly
pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized
l representatives for the purpose of making an audit, examination, excerpts or transcriptions.
24. INSURANCE
Insurance coverage required under this contract shall extend,at a minimum,to the end of the contract
time.
25. WATER SERVICE RECONNECTIONS
It shall be the responsibility of the CONTRACTOR to hook up all active water services. Water
services as shown on the plans have been identified to be active or inactive (not hooked up)
based on the best available records, however it shall be the CONTRACTOR'S responsibility to
verify which services are active and need reconnection. He shall be responsible for contacting
and coordinating with the landowners to determine which services are active. All active water
services shall be reconnected. CONTRACTOR shall be responsible for locating all service
connections outside mainline trench limits.
Copper pipe shall be used to reconnect service lines 2"and smaller and ductile iron pipe shall be
used to reconnect services 4" and larger. Replaced services shall be the same diameter as the
original service, unless otherwise directed by the ENGINEER.
All active services encountered that are not copper, cast iron, or ductile iron pipe shall be
replaced up to the meter or until copper is encountered,whichever comes first. Installation of a
9 SPECIAL PROVISIONS
backflow preventer and expansion tank is required with any reconnection to the meter where they
do not already exist. All work shall be completed by a licensed plumber and be in accordance
with all city standards and the Uniform Plumbing Code. See the Water Inspection Requirements
document at http://www.bozeman.net/for additional information.
26. WATER SERVICE SHUTDOWNS
The CONTRACTOR shall notify water service customers of any water main or water service
shutdowns in writing between 24 and 48 hours prior to the disruption, and shall have all
necessary materials, tools, equipment and labor on the site prior to removing the existing lines
from service.
27. ABANDONING EXISTING STORM PIPE MANHOLES &INLETS
All existing storm inlets and manholes within the project limits shall be removed and disposed of
off-site by the CONTRACTOR. Measurement and payment for this shall be made under pay
item number 401. All existing storm drain pipe shall be removed and disposed of offsite by the
contractor. No measurement or payment shall be made for this item and the work shall be
considered incidental to the project.
28. LANDSCAPING RESTORATION
CONTRACTOR shall be responsible for the restoration of any and all landscape features
disturbed during construction. All landscaping disturbed by construction activities must be
restored to a condition equal to or better than the conditions existing prior to construction as
judged by the ENGINEER. The CONTRACTOR shall be required to stockpile and replace all
topsoil and irrigation systems disturbed by construction. Payment for landscaping and landscape
restoration shall be made under bid item 118.
Disturbed boulevard areas shall be restored with Kentucky Blue Grass Sod. Seeding disturbed
areas will not be allowed for landscape restoration.
29. WATER PIPE MATERIALS AND SPECIALS
A. Water main piping materials shall be pressure class 350 ductile iron pipe as
referenced in Section 02660, MPWSS, and City of Bozeman Modifications to
MPWSS.
B. All service line reconnections or extensions shall be installed under existing
mains.
C. Service reconnections shall be reconnected by the method shown on City of
Bozeman Standard Drawings 02660-6 and 02660-12. Note that all corporation
stops shall be ball corp valve type, and all curb stops shall be ball valve curb
COBMODS 61h Edition Page-10-of 4 SECTION 09810
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stops.
D. The reconnection of services shall be made with the minimum amount of fittings
necessary. At the determination of the ENGINEER, exposed existing fittings
shall be removed and the service reconnection point lengthened, as necessary.
This shall be incidental to the work.
E. The reconnection of services shall follow the guidelines of the industry and
material manufacturer. This will include:
1. Removal of burrs after cutting the pipe.
I 2. The use of a manufactured sizing tool to true the pipe.
3. Using special care to keep the fittings clean.
30. INSULATION BOARD
1
Water line insulation board shall have a closed cell structure with an R-Value of 5 per inch of
1 thickness. Maximum water absorption shall be 0.1%by volume and minimum compressive
1 strength shall be 60 psi. Insulation board shall be Styrofoam Brand High Load 60 or approved
equal. Insulation board shall be installed with 2-inches of sand bedding(or 3/4"washed rock) and
2-inches of sand(or%"washed rock)over the top of the insulation board. Insulation board shall
be installed as specified on the plans over all water mains, service lines, or hydrant leads when
depth of cover is less than 6.5 feet.
31. FI
RE HYDRANTS
IThere may be locations where fire hydrants are to be installed at depths which differ from the
typical bury depth. CONTRACTOR shall be responsible for obtaining the correct materials to
l ensure that all fire hydrants are installed with the proper bury depth. Installation of fire hydrants
I must be such that the breakaway bolts are accessible from underneath and that the bottom of the
breakaway flange is not installed more than 3-inches above the finished grade.
32. MAINLINE CONNECTIONS
All mainline connection taps will be performed by the City of Bozeman personnel. City
personnel will verify test results prior to tapping. CONTRACTOR shall be responsible for
supplying and installing tapping tee, connection sleeves, spool pieces, and all other
1 appurtenances required for connections. Once tap is completed, CONTRACTOR shall complete
all connections.
ICONTRACTOR shall provide means,methods, and labor to set and remove tapping in equipment.
City of Bozeman requires 24-hour notice and an appointment(scheduled time)for tapping
services.No taps will be made after 3:00 p.m. CONTRACTOR shall be ready at scheduled
tapping appointment time. If CONTRACTOR is not ready at scheduled time, City personnel will
leave and CONTRACTOR shall reschedule with the required 24-hour notice.No consideration
COBMODS 61h Edition Page-11-of 4 SECTION 09810
will be given to CONTRACTOR's inability to be ready at the scheduled tapping time. City of
Bozeman will provide tapping service at no cost to CONTRACTOR.
The CONTRACTOR is advised that the City cannot guarantee 100% shutdowns for water main
connections. Existing valves may leak. The CONTRACTOR shall have all equipment necessary
to handle any water present and make connection without the complete stoppage of water. No
payment will be made for dealing with water. All costs associated with less than complete
shutdown shall be included in other bid prices.
33. CHLORINATION AND TESTING
Water
Water required for water main flushing, filling, and hydrostatic pressure and leakage
testing shall be provided at no cost to the CONTRACTOR.
Flushing
CONTRACTOR shall provide a means for flushing and bleeding air from water lines. For
flushing, a minimum of one 2" tap(corp and saddle) for pipe less than 12 inches diameter
and two 2" taps (corp and saddles -with 1' separation)for pipe 12 inches diameter and
greater, shall be installed on the piping if other means (fire hydrants,tapped plugs, etc.)
are not available. CONTRACTOR shall be responsible for the proper disposal of all
chlorinated water. For bleeding air,it shall require a minimum of 3/4" tap (corp and
saddle) on the piping if other means (fire hydrants,tapped plugs, etc.) are not available.
Corps shall be removed after testing is completed and replaced with brass plugs.
Any corp, saddles, or other pipe or fittings required for flushing or bleeding air from
water lines shall be incidental to the water main construction.
Chlorine
If the "tablet"method of chlorination is used, only the granule hypochlorite shall be used.
34. TEMPORARY WATER SYSTEMS - GENERAL
The CONTRACTOR shall provide temporary water service to all interrupted service connections
associated with the water main replacement projects. The areas where consumers are affected by
the work and require a temporary water supply should be verified with both the ENGINEER and
OWNER at least 24 hours (excluding weekends and holidays)prior to the anticipated suspension
of water service. Temporary water service shall include temporary service for fire protection. In
lieu of providing temporary service for fire protection, the Contractor may provide a fire watch in
each building for all times that the fire service is inactive and the building is unoccupied. This
method shall only be allowed with the approval of the property owner. The person doing the fire
watch shall have no other duties during the time they are on fire watch duty. Temporary water
service to fire systems shall be sized as necessary to meet the demands of the building sprinkler
COBMODS 61h Edition Page-12-of 4 SECTION 09810
system.
Following the ENGINEER's and OWNER'S review and approval of any proposed shutdown
brequest,the CONTRACTOR shall be required to give a minimum 24-hour advance notice
(excluding weekends and holidays)to all residential consumers whose service will be
temporarily affected,by means of individual notices delivered to each consumer. The
CONTRACTOR must have available all the necessary materials to complete the restoration of
water to each of these residential services within eight(8)hours after the suspension begins or
+ before 5:00 p.m.,whichever comes first. Failure to complete the work within the 8 hour period
I will result in the assessment of Liquidated Damages. See Article 2.3, Special Liquidated
Damages.
For commercial services, special arrangements shall be made by the CONTRACTOR to provide
temporary water service. The CONTRACTOR will not be allowed to take a commercial service
out of service except in emergency conditions unless otherwise approved by the business and the
City. The CONTRACTOR shall supply all hoses, fittings, etc.,for providing temporary water
service. Copper piping or other "non-taste"inducing pipe shall be necessary if the commercial
consumer serves food or water products as part of his business.
g The CONTRACTOR will be required to supply temporary water to the residential consumer if
the above 8-hour limitations are expected to be exceeded.
The CONTRACTOR shall submit a shop drawing including all materials proposed to be used for
temporary water. Additionally, a temporary water plan.shall be submitted for each zone prior to
starting to layout the temporary water system. This submittal shall include connection points,
hydrants and/or valves to be operated by City of Bozeman personnel, layout for connection to
each service, and the location of all asphalt trench cuts as a minimum. Depending on the
circumstances of the zone, additional information may be required by the ENGINEER. These
submittals shall be submitted in accordance with the submittal section of these specifications.
35. TEMPORARY WATER SYSTEMS - EXECUTION
1.01 The CONTRACTOR shall be solely responsible for all activities of locating and exposing
curb stop valves to the individual properties. The OWNER will operate all curb stop
valves. All notes of existing condition shall be identified on forms as supplied by the
ENGINEER. Any existing condition that is suspected to indicate a defect of the curb stop
valve,box, or service shall be reported immediately to the ENGINEER. Other than the
operating curb stop valves, the OWNER will not participate in any activity up to this
point.
If the notices are not issued or the service is not ready to be connected to restore service,
the City shall be free to exercise its authority in not closing down the existing valves and
water main system.
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1.02 The water piping of temporary hoses,piping, etc. shall be a 160-psi rating,NSF approved
hose, flexible polyethylene pipe, or PVC pipe. All pipe used for the temporary water
system must have a visible NSF approval stamp by the manufacturer. A short section of
high pressure flexible rubber hose may be used for the connection to each residence. The
temporary system must be leak proof and designed to maintain a minimum working
pressure of 35 psi at all points in the distribution system including service lines..
1.03 The distribution pipe shall have a manual shut-off valve at each service tee. Additionally,
each service must have backflow prevention fitting. There shall be a double
check/backflow prevention fitting at the primary connection to the water supply source,
which shall be supplied by the contractor along with a testing certificate showing that it
has been recently tested. Double check backflow preventer shall be Watts Series 009,
Series 909 or approved equal.
Each backflow preventer shall be properly supported to protect the assembly and the
attached piping from breakage.
Each double check backflow preventer assembly shall be tested to verify its integrity by a
certified backflow prevention technician prior to use for the first time. Each backflow
preventer shall be tagged with an identification number and subject to additional testing
at the discretion of the ENGINEER. All costs for testing shall be the responsibility of the
CONTRACTOR.
1.04 Each house connection shall be equipped with a wye or splitter with a valve to allow for
lawn watering. Plastic fittings are not permitted. The connection to each customer shall
require a short section of high-pressure flexible rubber hose at the connection point.
House- to-house connections are not permitted. All connections shall be from the
approved temporary water system.
1.05 All pipe sizes shall be adequate to meet ordinary water supply demands of the consumers.
1.06 Contractor shall ensure that the water pressure at each temporary water service does not
exceed 60 psi. This shall be accomplished by any combination of the following methods:
a. Adjusting the pressure regulating valve at the hydrant connection.
b. Limiting the size of the temporary water system.
C. Installing additional connection points to the city's water distribution system
d. Installing pressure regulating valves on individual services
1.07 Contractor shall take extra care when opening and closing valves on the temporary water
system to avoid water hammer in the system.
COBMODS 61h Edition Page-14-of 4 SECTION 09810
1.08 All temporary water systems shall be disinfected and approved by the City of Bozeman
before being placed into service. The disinfection procedures shall be equal to the
procedures required for the new water main. This will require minimum 48-hours
laboratory time Bac-T sample to determine acceptability.
Temporary hoses,piping, fittings, etc.,to be flushed and disinfected in accordance with
the State of Montana Department of Health and Environmental Services,Water Quality
Bureau standards, and the standards of this specification prior to being put into service.
1.09 Once the temporary water system has been assembled,pressure tested and disinfected,the
City of Bozeman Water Department staff will review the test results and inspect the final
connection to the building. The City of Bozeman Water Department staff will not
participate in the assembly of the temporary water system. The CONTRACTOR shall
conduct all other work on the services as stated in Item 1.01.
1.10 Pipe p pp protection measures must be supplied at road crossings, alleyways, or residential
driveways.
9
For crossings of arterial or collector streets, the CONTRACTOR will be required to
install the temporary water in a shallow trench. Aerial crossings of the temporary water
lines at street crossings will not be allowed. Temporary water supply pipes shall not be
installed in storm drain pipes. For crossings of local streets, alleyways, or driveways,
j traffic-rated hose ramps shall be used to protect the line from damage. Mounding millings
or cold mix over a temporary water pipe will be allowed under the following conditions:
1. The maximum height shall be 2-1/2 inches.
2. A bond breaker shall be laid on top of the existing asphalt before the millings or
cold mix are laid down. The millings or cold mix shall be tapered a minimum of 3
feet on either side of the temporary water pipe.
3. Provisions are made to avoid impact loads on the temporary water pipe.
4. Signs are erected indicating a bump ahead at 500 feet and 100 feet from the bump
and at the bump in both directions.
The asphalt crossings shall be cut straight and vertical shall have uniform width and shall
be cut perpendicular to the centerline of the street. Restoration shall match the appropriate
surface restoration detail and shall have an adequate width to allow compaction with a
small mechanical compactor. There will be no payment for any street cuts or asphalt
restoration under this item,this being incidental to the work.
{ Temporary water lines that cross pedestrian pathways shall have ramps that meet ADA
I requirements to allow for safe pedestrian crossings of the lines.
1.11 After services are connected or reconnected following installation,testing, and acceptance
1 of the new main,the water service piping shall be backflushed from the residence to the
trench. The inability to backflush shall not relieve the CONTRACTOR from any
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COBMODS 61h Edition Page-15-of 4 SECTION 09810
requirements of the Contract Documents.
1.12 The CONTRACTOR should expect to find the existing plumbing on some services to be in
old condition. The CONTRACTOR shall use an ordinary degree of care while working on this
condition of service. Also,there may not be any convenient point of temporary connection on some
services. In this case, temporary fittings must be provided to achieve the temporary water supply.
This will be incidental to the work.
1.13. The contractor shall provide a local representative who is available 24 hours a day and 7
days a week to maintain the temporary water system and to respond to correct any problems with
the system. The phone number of this representative shall be provided to the owner at the
preconstruction meeting.
36. ENGINEERING MATERIALS TESTING AND CONTROL TESTING
A. The Contractor shall be responsible for testing including, but not necessarily limited to:
1. Dates of acceptable tests for water mains, which shall include hydrostatic and leakage
testing and bacteriological testing.These tests shall be conducted by the Contractor in the
presence of the City. The written test results shall be provided to the City prior to
acceptance of the water main.
2. Elevations shall also be recorded and provided for the top of water main at 50'intervals.
The Contractor shall cooperate with the City to document these elevations, including
providing the equipment necessary to shoot the elevations. The City will have a
representative on-site to record the data as the pipe is being installed. The Contractor
shall provide safe access to the City for these inspections and cooperate with the City to
ensure that adequate documentation is obtained.
3. Verification that all thrust blocking is installed in accordance with the approved plans
and specifications. The Contractor shall provide safe access to the City for these
inspections and cooperate with the City to ensure adequate documentation is obtained.
4. Portland Cement concrete and asphaltic concrete pavement mix deigns.
5. Installed sewer and storm drainage pipe shall be video inspected by the city water and
sewer department.
B. Neither tests made by the Owner or the Owner's Testing Company will relieve the
Contractor from his obligation to perform the work in accordance with the Technical
Specifications.
COBMODS 6th Edition Page-16-of 4 SECTION 09810
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C. Materials, compaction, densities, or other construction items which do not meet the
requirements of these specifications shall be replaced and retested at the Contractors'
E expense.
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Acceptance/Correction of Deficient Pavement Improvements
Acceptance tests shall be evaluated by the Engineer for conformance with the specifications. The
Engineer shall determine what corrective action is necessary in order for the improvements to be
accepted by OWNER. Corrective action may include total removal and replacement of the
deficient material,partial removal and replacement,placing additional material, or in lieu of
corrective action,payment of a penalty to the OWNER in certain instances.
A. Portland Cement Concrete
If an individual strength test(average of two cylinders tested at 28 days) falls below the
specified strength by more than 500 psi,the in-place material represented by the failed
test shall immediately be randomly cored for acceptance testing. A minimum of three
and maximum of six cores shall be taken. If the average strength tests of the acceptance
cores are deficient in strength by more than 500 psi but not more than 1000 psi, the
Contractor shall remove and replace the deficient concrete or pay the City of Bozeman
0.25 times the unit price bid times the area determined to be deficient in strength; if the
average strength tests are deficient by more than 1000 psi,the area of the concrete
determined to be deficient shall be removed and replaced.
B. Asphaltic Concrete Pavement
The asphaltic concrete pavement shall be tested and evaluated for acceptance on a lot
basis,with one lot being 1000 tons of material.
1. Thickness. If the average thickness of the pavement cores is more than '/4"
below the plan thickness, or if any one individual core is more than %2"below the
plan thickness, corrective action or payment of a penalty will be required.
a. Average Thickness Deficiencies. If the average thickness deficiency is
between 1/4"and V2", corrective action such as placement of additional
material(i.e. overlay or chip seal), as determined by the Engineer, will be
required. In lieu of placing additional material, the Engineer may allow
the payment of a penalty to the City of Bozeman in the amount of 0.25
times the unit price bid of the asphalt pavement times the amount of
pavement determined to be deficient. If the average thickness deficiency
is more than 1/2", an overlay will be required, along with cold milling of the
existing pavement to provide for a minimum overlay thickness of 1.5".
b. Individual Core Thickness Deficiency. If any one core thickness is
determined to be more than 1/2"below plan thickness, additional cores
COBMODS 61h Edition Page-17-of 4 SECTION 09810
shall be taken at 10 foot intervals parallel to the centerline in each
direction from the affected location until, in each direction, a core is found
which is not deficient by more than I/4", in order to determine the extent of
the deficient pavement. If the thickness deficiency is more than W',the
area that is deficient shall be removed from pavement edge to pavement
edge and replaced to bring the non-complying areas to planned thickness.
If the thickness deficiency is not more than W', the deficient area will
either be removed and replaced to the planned thickness, or a penalty will
be paid to the City of Bozeman in the amount of 1.5 times the unit price
bid times the amount of pavement that is deficient in thickness.
2.Density. The average density of the pavement cores shall equal or exceed 93%of
the maximum density as determined by ASTM D2041 (Rice's density). If the
average density is less than 93% but more than 90.9%, the pavement that has
deficient compaction shall be milled and overlaid(1.5"minimum depth),or apenalty
in the amount of 0.10 times the unit price bid for the pavement material times the
amount of pavement that has deficient compaction shall be paid to the City of
Bozeman. If the average density is 90.9%or less,the pavement area affected will be
removed and replaced or overlaid as determined by the Engineer. If any one core is
determined to have a density of less than 86%, additional cores shall be taken at 10
foot intervals parallel to the centerline in each direction from the affected location
until,in each direction,a core is found which has a density of at least 91%. The area
that is determined to have deficient compaction shall be removed from pavement
edge to pavement edge and replaced,or a penalty will be paid to the City of Bozeman
in the amount of 1.5 times the unit price bid times the amount of pavement that is
deficient in density.
37. FLOWABLE (NONSHRINK)BACKFIL,L
All flowable (nonshrink)backfill shall meet the following MDOT specifications:
E.Flowable Fill. Flowable fill is a mixture of portland cement,fly ash, fine aggregate, air
entraining admixture and water. Flowable fill contains a low cementitious content for reduced
strength development. Submit a mix design for approval.No compressive strength testing is
required for the mix design.
Table 551-1 has the suggested mix guides for excavatable and non-excavatable flowable fill.
TABLE 551-1
FLOWABLE FILL MIX DESIGN GUIDE
MATERIALS EXCAVATABLE NON-EXCAVATBLE
Cement, Type I or II 75.6-102.6 lb/yd3 75.6-151.21b/yd3
(45-60 kg/m3) (45-90 kg/m3)
Fly Ash None 151.2-596.71b/yd3
90-355 kg/m3)
COBMODS 6w Edition Page-18-of 4 SECTION 09810
Water Mix designs must produce a Mix designs must produce a
consistency that results in a consistency that results in a
flowable, self-leveling product flowable, self-leveling product
at time of replacement. at time of replacement.
Air 5%to 35% 5%to 15%
Unit Weight(Wet) 2,430-2,9701b/yd3 2,700-3,3751b/yd3
(1,440-1,760 kg/m3) (1,600-2,000 kg/m3)
Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no
fineness modulus requirement.
High air generators or foaming agents may be used in lieu of conventional air entraining
admixtures and may be added at the jobsite and mixed in accordance with the manufacturers
recommendation.
The requirements for percent air, compressive strength and unit weight are for laboratory designs
only and are not intended for jobsite acceptance requirements. Proportion fine aggregate to yield 1
icubic yard(1 cubic meter).
38. USE OF REMOVED ASPHALT PAVEMENT
Asphalt concrete pavement removed during trenching operations may be used as backfill material
in areas with.Type A backfill if mechanically processed to 4"minus size with a cold planer,
rotomill, or similar equipment and mixed at no more than a 50/50 ratio with other backfill
material. Asphalt concrete pavement removed during trenching operations may be used as
pavement base course material if mechanically processed with a cold planer, rotomill, or similar
l equipment to meet the gradation requirements of the base course and mixed at no more than a
50/50 ratio with other base course material.
39. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS
Prior to initiation of any excavation or removal of existing curb,the Contractor shall cut all tree roots
at the back limits of excavation with a Vermeer root cutter or other similar machine capable of
cutting the roots in a neat clean,fashion from existing ground to subgrade elevation. Indiscriminate
ripping of tree roots will not be permitted. The method and equipment to be used shall be submitted
to the Engineer for approval prior to the start of work. In addition,the Contractor shall take special
care when working around trees to avoid any unnecessary damage to the branches or the trunks of
trees. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by
equipment. The contractor shall meet with the City forester prior to beginning construction activity
to discuss boulevard tree trimming. All tree trimming is the responsibility of the City forestry
department. The contractor shall be expected to provide reasonable access to forestry before and
during construction to trim trees as needed.
Any damage to a boulevard tree branch in excess of 3-inches in diameter resulting from construction
activity may result in a penalty accessed to the contractor. If such damage occurs,the City Forester
will inspect and access the damage and the contractor may be held liable for such damage at the
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COBMODS 61h Edition Page-19-of 4 SECTION 09810
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discretion of the City Forester.
When boulevard tree roots are left exposed due to construction activity,the contractor must cover the
roots with topsoil or an erosion control blanket to prevent damage to the roots. Tree roots must be
protected in this manner whenever the exposure is anticipated to last more than 2 calendar days.
The contractor shall take extra care when working around boulevard trees. A general rule for this
project shall be maintaining a 5-foot radius"no dig zone"around boulevard trees when excavating
for deep buried utilities (water and sewer).
The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation.
Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall
be responsible for preserving existing property pins in the field. The cost of resetting property pins
removed by the Contractor shall be the responsibility of the Contractor.
40. USCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS
One City Of Bozeman Water/Sewer Operations Dept service worker will be available 7:15 AM till
5:15 PM Monday-Friday with the exception of City recognized holidays for the water and sewer
main replacement portion of the work. Work scheduled outside these times with less than 24 hours
notice will be billed at 1.5 times the service worker's base pay rate of$ 28.00 per hour. Call outs
(emergency response with no notice) will be billed 2 hours double time the base rate. Each
succeeding hour thereafter 1.5 times the base rate.
The CONTRACTOR is required to respond to affected property owners within the project and
resolve complaints/issues that are raised. If the City is contacted due to non-responsiveness on the
part of CONTRACTOR,the City will resolve the issue and charge the CONTRACTOR for its time
at the rates provided for in this section.
41. DELAYS
The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in
the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal
precipitation,or other natural phenomena. Time extensions will not be granted for rain,wind,flood,
or other natural phenomena of normal intensity for the locality where Work is performed. Such
events will not constitute justification for an extension of time unless agreed upon by both the
Engineer and Contractor, and the total time lost to such events exceeds 5% of the Contract Time.
For purposes of determining extent of delay attributable to unusual weather phenomena, a
determination shall be made by comparing the weather for a minimum continuous period of at least
one-fourth of the Contract Time involved with the average of the preceding 5—year climatic range
during the same time interval based on U.S. Weather Bureau statistics for the locality where the
Work is performed.
42. POLYETHYLENE ENCASEMENT
COBMODS 61h Edition Page-20-of 4 SECTION 09810
IUnless otherwise directed by the ENGINEER,polyethylene encasement will not be required on this
project except between fittings and concrete thrust blocks where shown on the plans.
43. CONSTRUCTION TRAFFIC ROUTES
I To the greatest extent possible,the Contractor shall utilize the arterial and collector streets in the area
for access to and from the site. This includes general construction traffic in addition to the transport
of equipment and materials to and from the site. The streets in the area that meet this designation
include;Main Street,South Willson Avenue,College Street,South 8f"Avenue,and Babcock Street.
The Contractor shall receive prior approval from the Engineer in order to use any local residential
streets for a short term construction traffic route.
44. CONSTRUCTION STAKING
IThe Contractor will be responsible for all layout and construction staking utilizing the control data.
The contractor will be provided with an electronic version of the plans in AutoCad format to be used
to generate the required layout data for the project. Discrepancies between Drawings,Specifications,
and existing conditions shall be referred to the Engineer for adjustment before work is performed.
The Contractor will utilize the services of a professional land surveyor,currently licensed in the State
of Montana, for the construction staking for this project.
Existing Control. Existing survey control(horizontal and vertical)has been set for use in the design
and construction of this project under the direction of a registered Surveyor in the State of Montana.
A listing of the coordinates and vertical elevation for each of these control points is included on the
i plans.
Control points may have been disturbed or accidentally removed or disturbed before the contractor
begins the project layout. The contractor will reset control that was removed or disturbed prior to
I construction if deemed as needed to complete the work. The contractor will be responsible for laying
I out all project points with the remaining control points,and those control points reestablished by the
Contractor. The Contractor will be responsible for preserving and protecting the survey control until
proper referencing by the Contractor has been completed. Any survey control obliterated,removed,
or otherwise lost during construction will be replaced at the contractors expense.
Construction Staking. The Contractor shall be responsible for the location and elevation of all of the
construction included in the contract documents. The construction plans show base lines, control
i points, and bench marks established by the Engineer for control of the work. From these control
points the Contractor shall layout the work by establishing all lines and grades at the site necessary to
construct the work and shall be responsible for all measurements that may be required for the
i execution of the work to the location and limit marks prescribed in the specifications or on the
lContract Drawings. Contractor's construction staking shall at a minimum include:
1. Street reference/grade stakes at minimum interval of 100 feet.
2. Curb and gutter alignment/grade stakes at 40-foot intervals and all grade changes,PC,PRC
and PT points on curb returns and curb bulbs.
COBMODS 61h Edition Page-21-of 4 SECTION 09810
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3. Blue tops on 40 foot intervals and grade changes on centerline for subgrade,base course,and
pavement courses as required.
4. Sewer Main reference/grade stakes at 100-foot intervals and manholes with invert and rim
elevations.
All Pedestrian Ramps,sidewalk replacement areas,signs,and pavement markings will be laid out in
the field by the Engineer.
Prior to commencing the work, the Contractor shall carefully check all drawings that in any way
effect the location or elevation of the work to be executed by him, and should and discrepancy be
found, he shall immediately report the same to the Engineer for verification and adjustment. Any
duplication of work made necessary by failure or neglect on the part of the Contractor to comply with
this requirement shall be done at his sole expense.
Tie-in Elevation Verification: The first time surveying is being completed on the project, all
locations where the proposed curb will tie into existing curb shall be staked. Any deviation in
horizontal alignment,as well as the elevation of the top back of curb and edge of asphalt at the tie in
location and 10 feet back into the side street shall be recorded and provided the Engineer. The
Engineer will make any adjustments necessary and provide the information to the Contractor for
incorporation into the work.
45. SEWER IMPROVEMENTS
Sanitary Sewer Service Replacement: Any services that are found to be Orangeburg, vitrified
clay or are in poor condition shall be replaced to the curb line. The engineer will make the final
determination as to whether a service needs to be replaced. For this project, the contractor shall
anticipate that approximately 90% of existing services will need to be replaced. In addition, the
contractor should take extra care when working around boulevard trees. A general rule for this
project shall be maintaining a 5-foot radius "no dig zone" around boulevard trees when
excavating for deep buried utilities.
Testing & Inspection: Because the proposed sewer improvements are replacing an existing live
sewer system, testing and inspection will be limited to visual inspection of pipe, fittings,
connections and structures during installation. In addition, the sewer main will be video
inspected by the city water and sewer department for alignment, grade and water tightness after
completion.
Temporary Sewer: Contractor shall maintain sanitary sewer service to all users throughout
construction. Sanitary sewer mains shall be re-routed around work areas by means of temporary
bypass pumping as required,to maintain flow and avoid soil contamination. The following
criteria must be met prior to replacement of the sanitary sewer main:
1. Contractor shall submit a plan to the engineer for approval prior to beginning work.
2. Contractor shall make service reconnections in a timely manner, and may utilize new
sewer piping immediately upon installation.
COBMODS 61h Edition Page-22-of 4 SECTION 09810
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3. Bypass pumping equipment must be maintained throughout construction. The contractor
shall designate an employee that is available 24-hours per day to address any issues with
temporary bypass pumping.
4. Sewage may not pool in any manhole more than 12-inches above the top of the outlet
pipe. Contractor shall verify that bypass pumping operations will not cause sewage
backups or damage to property upstream of any bypass manholes prior to beginning
bypass pumping.
5. Contractor is permitted to run generators outside normal working hours if sound
attenuation is used in conjunction with the generator;however,the preferred method for
maintaining sewer flow outside of normal working hours is to temporarily reconnect the
newly installed pipe to the existing sewer main.
6. Sanitary sewer flow monitoring has been completed for portions of the project to help the
contractor with estimating and sizing bypass pumping requirements. Estimated flows are
as follows:
a. Sewer flow on S. 6th Ave.—taken from our hydraulic model @ the intersection
with Story Street
i. Average flow=21.6 GPM
ii. Peak flow = 59.8 GPM
I.
I Sanitary Sewer Service Repair Couplings: Couplings to repair existing sanitary sewer services
damaged during construction or couplings for connections to existing sanitary sewer services
shall be Fernco Strong Back RC Couplings or approved equal, meeting the following
specifications"
A. Gasket Requirements:
CSA B6O2—mechanical couplings for drain,waste,vent pipe and sewer pipe
ASTM D 5926—Standard Specification for Poly Vinyl Chloride(PVC) Gaskets for
Drain, Waste, and Vent(DWV), Sewer, Sanitary, and Strom Plumbing Systems
ASTM C 1173 —Standard Specification for Flexible Transition Couplings for
Underground
B. Clamp Requirements:
CSA B6O2
Clamp Housing—301 Stainless Steel
Clamp Band- 301 Stainless Steel
Clamp Screw- 305 Stainless Steel
C. Shear Ring Requirements"
.012"Thick, 300 Series Stainless Steel
Width manufactured according to coupling width(1.5", 2.13", or 4")
D. Coupling Requirements:
JCOBMODS 6"h Edition Page-23-of 4 SECTION 09810
Manufactured to conform to the performance requirements of ASTM C 1173 standard
specification for flexible couplings for underground piping systems CSA B602—
mechanical couplings for drain, waste, vent pipe and sewer pipe
Maximum test pressure: 4.3 PSI (29.6 KPA)
Maximum operating temperature: 104'F nonconsistent
46. SIGNS
Reflective sheeting for signs shall be Type IV ("High Intensity Prismatic") or better. Florescent
yellow green backgrounds shall be used for any pedestrian or school crossing signs.No separate
measurement and payment shall be made for signs proposed to be re-used, re-set, or removed; the
cost of such work shall be included in other bid items. Signs damaged during re-mounting or re-
setting shall be repaired or replaced by the Contractor. Salvage sign faces removed to the Sign
Department, 814 N. Bozeman Avenue. Properly dispose of any sign supports and foundation
material that are removed.
PART 1 - GENERAL
1.1 DESCRIPTION
A. This section is furnishing,fabrication,installation and the removing and resetting of
signs in accordance with these and other specifications,the Standard Drawings,and
in the location as shown on the plans or as directed by the Engineer.
1.2 REFERENCES
MUTCD Manual on Uniform Traffic Control Devices
1.3 STANDARD DRAWINGS
Standard Drawings in Appendix C applicable to this section are as follows:
City of Bozeman Standard Drawing No. 09810-1, Sign Installation Standards
City of Bozeman Standard Drawing No. 09810-2, Dead End Barricade
City of Bozeman Standard Drawing No. 09810-3, Standard Street Marker Sign Location
1.4 DEFINITIONS
A. The following definitions define the signing work to be done when the respective
terms are used in the Contract.
1. NEW Signs designated 'New" are to be furnished new and erected at the
locations specified.
COBMODS 6th Edition Page-24-of 4 SECTION 09810
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2. REUSE Signs designated"Reuse"are to be removed from the existing post or
posts and remounted on a new post or posts at the locations specified.
3. REPLACE Signs designated"Replace" are to be removed and replaced with the
specified "New" standard signs, including new post or posts, at the existing or
specified new locations.
4. RESET Signs designated"Reset"are to be removed and reset at the locations
specified using the existing sign faces and supports.
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5. REMOVE Signs designated"Remove" are to be removed,to include the sign or
sign assembly and sign supports.
PART 2 -PRODUCTS
2.1 POSTS
V
A. Use 2" perforated square tube 14 gauge galvanized steel posts for all sign posts
unless otherwise specified on the plans. Use Telspar or approved equal sign posts.
Anchor posts as shown on Standard Drawing 09810-1.
2.2 STREET NAME MARKER SIGNS
A. Provide street marker(D-3)signs which meet all applicable MUTCD Standards.For
publicly-maintained streets,use white lettering on a green background.For privately-
maintained streets, use white lettering on a blue background. For ground-mounted
signs,furnish 9"flat-blade aluminum sign blanks,0.08 inches thick. Provide a 1/4"
white border around the edge of the sign. Use white Highway Font letters for the
street name. Lettering for street names shall be mixed-case consisting of an initial
upper-case letter followed by lower-case letters. Letter height is specified as the
height of the initial upper-case letter. The nominal loop height of the lower-case
letters shall be 3/4 the height of the initial upper-case letter. Street names shall have 6
inch letters, and 3 inch letters for street abbreviations or city sections (e.g. Street,
Avenue, Road). Attach signs back to back on sign post with two 3/8" drive rivets
with 1" backing washers. For overhead signs, blank and letter sizes shall be
determined by engineering design and shall meet the requirements of the MUTCD.
2.3 REGULATORY, WARNING, CONSTRUCTION, AND GUIDE SIGNS
A. Assure that all signs meet applicable MUTCD Standards. Furnish construction grade
aluminum sign blanks,0.08 inches thick. Attach signs to the posts with a minimum
of two 3/8" drive rivets with backing washers. For signs smaller than 18"xl8",use
3/8"x 1"washers; for larger signs use 3/8"x 1.5"washers.
2.4 SIGNPOST FOUNDATION SLEEVES
COBMODS 6tn Edition Page-25-of 4 SECTION 09810
A. Furnish 21/4"non-perforated 12 gauge galvanized steel square tube foundation sleeves
for all sign posts. Use "Telspar Quik Punch" or approved equal. Install sleeves in
concrete anchor as shown on Standard Drawing 09810-1.
2.5 REFLECTIVE SHEETING
A. Reflective sheeting for signs shall be Type IV("High Intensity Prismatic")or better.
PART 3 -EXECUTION
3.1 SIGN INSTALLATION
A. Assure that all signs are installed according to MUTCD Standards. Locate signs
where shown on the plans or as directed by the Engineer. Assure that signs are
installed plumb, at the correct height, and with the edge of the sign a minimum of
two feet from the face of the curb or edge of pavement.
3.2 SIGN REMOVAL OR REPLACEMENT
A. As directed by the Engineer, salvage existing signs designated to be removed or
replaced to the site specified by the City of Bozeman. Properly dispose of all signs
designated for removal or replacement which have not been designated for salvage.
47. EARTHWORK QUANTITIES
Bid quantity for unclassified excavation was determined using AutoCAD composite volume
surface method. The method computes a volume by sampling between a subgrade surface and
existing ground surface along the alignment of roadway. The existing ground surface is defined
as the field-surveyed topographic base of the construction area. The subgrade surface is defined
by offsetting the finish grade asphalt elevation vertically downward a distance of 1.75'. The
limits of excavation are defined as 9" beyond the top back of proposed curb on both sides of the
roadway.
Structural road base quantities were estimated using the area 9-inches behind top back of curb
over the limits of construction, multiplied by 1.0 feet for sub-base material and multiplied by 0.5
feet for base course material to get a volume of structural material needed for the road section.
No allowances were made for over-excavation, additional structural fill or any other overages
COBMODS 61n Edition Page-26-of 4 SECTION 09810
I related to construction of the road. The contractor shall be compensated for additional
excavation and/or structural fill only if over-excavation is specifically directed by the on-site
engineer. All quantities are figured as compacted"in place" quantities.
Grading of boulevards to match the new curb grades is not included under"earthwork
quantities." This item shall be directed by the on-site engineer and payed for under bid item
#122.
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48. ROAD GRADING EQUIPMENT& TOLERANCES
The contractor shall utilize a road grader or similar equipment approved by the project engineer
i for fine grading the road base course prior to asphalt placement. The contractor is required to
Ischedule a pre-pave walkthrough where the City has the opportunity to examine the
workmanship of the project and make a determination on the acceptability of the base course
grading and compaction.
P Acceptable tolerances for base course grading shall be as follows:
9 • Finished and tested with an 8-foot straight edge placed on the surface with its center line
parallel to the center line of the street, will not have a surface with its center line parallel
to the center line of the street, will not have a surface deviation from the straight edge
exceeding 3/8-inch. Additionally,the finished grade connot deviate more than 0.05 feet
at any point from the staked elevation, and further,the sum of the deviations from two
I points not more than 30 feet apart cannot exceed 0.05 feet.
I 49. GEOTEXTILE SEPARATION FABRIC
jThe Geotextile Fabric shall be Mirafi 600x or approved equal.
50. PROJECT PHASING
For the duration of the project,the contractor must limit street closures along South 6th Avenue to
four(4)blocks in length. Before extending any street closure beyond an initial four block closure,
the street within the existing closure must be restored to a drivable condition and reopened to local
traffic in order to maintain a maximum of four(4)blocks of closure along South 6tn Avenue at any
given time.
51. WINTER SHUTDOWN
A winter shutdown will become necessary if the project is not completed within the current
calendar year. In this event,the Owner will issue a written Order to Contractor to Suspend Work.
During a winter suspension the Contractor is responsible for maintaining the roadway to provide
the traveling public with a safe and smooth riding surface including all traffic control,
i maintenance, and snow removal,for all roadways not completed through the final lift of plant
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COBMODS 61h Edition Page 27 of 4 SECTION 09810
mix surfacing. The Contractor shall furnish all necessary supervision,personnel, and equipment
to maintain the road in a safe condition and at the highest level of service to traffic. All damage
to the roadway shall be repaired immediately by the Contractor and at no additional cost to the
city.
Maintenance includes, but is not limited to the following:
1. Repairing potholes or other surface irregularities;
2. Reshaping the subgrade, side slopes, boulevards, and aggregate courses, as necessary;
3. Cleaning debris from drainage courses, culverts, and inlets;
4. Removing rocks or earth from the roadway and boulevard sections;
5. Removing debris resulting from construction activities;
6. Providing access to residences, businesses, and roads and keeping the present accesses
open;
7. Repairing or replacing minor damaged parts of the work
8. Repairing or replacing extensive damage, not by Contractor negligence
The City Engineer will immediately notify the Contractor if he fails to maintain the project
during a winter shutdown. Failure to remedy unsatisfactory maintenance within 24 hours after
receipt of the notice will cause the City to take over project maintenance. The cost of the
maintenance will be deducted from monies due or to become due the Contractor, or otherwise be
billed to the Contractor.
52. LIMITS OF CONSTRUCTION
The limit of construction are the right-of-way on South 6th Avenue between Babcock Street and
Cleveland Street.
53. SUBSTANTIAL COMPLETION
The project shall be considered substantially complete when the following has been completed
and accepted by the engineer:
1. Water main installation, including: all appurtenances,valves, fittings, connections, and
testing.
2. Sewer main installation, including: all pipe, manholes, connections, and testing.
3. Storm drain installation, including: all pipe, manholes connections, and testing.
4. All Concrete curb and gutter, sidewalk, and drive accesses as described in the contract
drawings.
5. All hot mix asphalt placement as described in the contract drawings
6. Signage and striping installed as described in the contract drawings.
COBMODS 6th Edition Page 28 of 4 SECTION 09810
COBMODS 61h Edition Page 29 of 4 SECTION 09810
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j; SECTION 00100
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MEASUREMENT AND PAYMENT
The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the
a
Contractor will be made based on the actual satisfactorily completed work quantities measured in the
field. Under the terms of this contract,the unit price as contained in this Bid Form shall be applicable to
quantity overruns.
The following measurement and payment sections do not necessarily name every incidental item
required by the Contract Documents to complete the work. Cost of all such incidental items shall be
included in the various related bid items. Storm water pollution prevention shall be included as an item
required under the contract and incidental to construction.
Item 101:(Taxes,Bonds,Insurance) To be paid on the first progress pay estimate one-hundred percent
(100%) upon mobilization to begin construction, only if the bid price for this item is less than five
percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five
percent(5%),if any,payment shall be made on the basis of the percentage of the work completed of each
progress estimate.
j Item 102:(Mobilization)Fifty percent(50%)to be paid on the first progress estimate when mobilizing to
begin construction,and fifty percent(50%)to be paid following substantial completion and acceptance
of the work.
Item 103:(SWPPP Submittal)Measurement shall be made on a lump sum basis. Payment at the contract
unit price shall constitute full compensation for preparing a storm water pollution prevention plan,
submitting the plan to the Montana DEQ and the City Stormwater Department,and receiving approval of
the plan from both the DEQ and the City of Bozeman. The City of Bozeman will conduct an adequacy
review&the MDEQ will conduct a completeness review. Pre-submittal of the SWPPP to the City of
Bozeman Stormwater Division is required. All fees required by the DEQ shall be considered incidental
to the completion of this item. The SWPPP must be approved by the City Storm Water Department prior
to scheduling a preconstruction meeting.
Item 104: (SWPPP Implementation) Twenty five percent (25%) to be paid with the first progress
payment after beginning construction. The remaining seventy five (75%) to be paid based on the
percentage of the construction contract completed at the time of the pay request.Payment at the contract
unit price shall constitute full compensation for implementing,inspecting,and maintaining the approved
storm water pollution prevention plan throughout the project; including all materials, labor, tools,
I equipment, and incidentals necessary to complete the item. The contractor shall be required to follow
guidance from the City Stormwater Department to receive full payment for this item.
4
Item 105: (Unclassified Excavation Above Subgrade) Measurement and payment shall be as per
MPWSS Section 02230 4.LA for Excavation Above Subgrade and shall include Embankment in place
1 MEASUREMENT AND PAYMENT
utilizing materials excavated from the site as provided under MPWSS Section 02230 4.1.C.2. This item
does not include the excavation above subgrade for sidewalks, ped ramps, drive or alley approaches.
Payment for excavation above subgrade associated with those items shall be included in the unit price for
those items. This item does not include excavation or removal of materials generated from underground
utility installation associated with this project. Payment for this work shall be incidental to the
installation of the utilities. No separate measurement and payment will be made for embankment using
soil materials generated on site. The estimated quantities for this item also include the existing asphalt
and underlying gravel courses where present. Measurement and payment under this item shall be full
compensation for removal and disposal off site of the asphalt, concrete, road base, con rock, native
materials,and any other materials encountered during road excavation. Quantities for this item represent
excavation from existing grade down 1.75 feet to subgrade from 9-inches behind top back of curb to 9-
inches behind top back of curb. Over excavation will be paid under this bid item only when directed by
the onsite engineer.
Item 106: (Remove Existing Concrete Curb) Measurement and payment shall be as per MPWSS
Section 02112 4.2 where the quantity shall be measured by the lineal foot (LF) for curb (and gutter),
which price shall include all removal and disposal work(saw cutting included).
Items 107: (Remove Existing Concrete Sidewalk, Ped Ramps, and Drive and Alley Approaches)
Measurement and payment shall be as per MPWSS Section 02112 4.2 where the quantity shall be
measured by the square foot(SF)of concrete flatwork removed,which prices shall include all removal
and disposal work(saw cutting included) regardless of the thickness of the concrete.
Item 108: (Geotextile Separation Fabric) Measurement and payment shall be as per MPWSS Section
02110 4.1.
Item 109: (3"Minus Uncrushed Sub Base Course)Measurement and payment shall be as per MPWSS
Section 02234 4.1.
Item 110: (1"Minus Crushed Base Course)Measurement and payment shall be as per MPWSS Section
0223 5 4.1.
Item 111: (3"Thickness of Asphalt Concrete Pavement,Type B) Measurement and payment shall be as
per MPWSS Section 02510 4.2.
Item 112: (Concrete Curb and Gutter) Measurement and payment shall be as per MPWSS Section 02528
4.LA.
Item 113, & 115: (Concrete Pedestrian Ramps, Drive & Alley Approach, and Sidewalk (6" Depth);
Concrete Sidewalk(4"Depth)) Measurement and payment shall be as per MPWSS Sections 02529 4.3,
and 4.4. Payment shall be inclusive of excavation,placing I"minus crushed base material,and backfill.
Pedestrian ramps shall be included in the measurement and payment for the 6" depth concrete.
Item 114: (Concrete Fillet&Double Gutter)Measurement and payment shall be as per MPWSS Section
2 MEASUREMENT AND PAYMENT
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p
02529 4.3 & 4.4. Payment shall be inclusive of excavation, placing 1"minus crushed base material,
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backfill,and following all aspects of the City of Bozeman standard details 02529-1 & 02529-2.
Item 116:(ADA Detectable Warning Panel)Measurement and payment shall be by the square foot(SF)
at the unit bid price and shall be full compensation for furnishing and installing detectable warning
panels in accordance with the manufacturer's recommendations.
Item 117: (Traffic Circle Median Curb)Measurement and payment shall be by the lineal foot for
installation of pin down median style concrete curb according to the contract drawings to form traffic
circles at the intersections of Oh and Koch,Oh and Alderson,and 6'"and Harrison. Payment shall include
all labor materials, and equipment necessary for installation.
Item 118: (Traffic Circle Concrete Cap)Measurement and payment shall be by the square foot for
installation of a concete cap in the center of the traffic circles described in bid item#117. Payment shall
include placement of 1" minus base material and all labor materials, and equipment necessary for
installation,placement and curing.
Item 119: 4"Sch.80 PVC Utility Conduit Measurement and payment shall be by the lineal foot(LF).
( t3' ) p Ym
I Payment at the contract unit price shall constitute full compensation for trench excavation,dewatering,
backfill,and compaction,furnishing and installing pipe,bedding,proper disposal of all waste materials,
and all other work necessary or incidental for completion of the item.
lItem 120: (Adjust Existing Manhole To Grade)Measurement shall be by the numerical count of each
existing manhole adjusted to grade. Payment shall include all material,labor,and equipment required to
I adjust existing manholes to grade as described in the Existing Manhole Adjustment Table shown on
Sheet"C2". To successfully complete this item,the contractor may need to remove or add grade rings
and replace castings to achieve the desired finish grade.
IItem 121:(Site Restoration and Sodding)Measurement shall be made on a lump sum basis. Payment at
the contract unit price shall constitute full compensation for all topsoil placement and sodding as
described in the special provisions as necessary to restore disturbed project areas. The work shall
j include providing topsoil,site preparation,sod,fertilizer,related materials,labor,tools,equipment,and
incidentals necessary to complete the item.
Item 122: (Topsoil Excavation in Boulevard Areas)Measurement&Payment shall be on a cubic yard
basis. Payment at the contract unit price shall constitute full compensation for excavating and disposing
of excess topsoil in areas between the existing sidewalk and the proposes curb and gutter as directed by
the on site engineer.
Item 123: (Traffic Control)Measurement and payment shall be as per MPWSS Section 01570-4.1.
Item 124, 504: (2" Square Tube Metal Posts)Metal posts are measured by the lineal foot. Metal posts
are paid for at the unit price bid for"2"square tube metal posts"and"2.5"square tube metal posts",said
3 MEASUREMENT AND PAYMENT
price and payment to be full compensation for furnishing all materials (including foundation sleeve,
foundation material and concrete),and for all labor,equipment,excavation,and incidentals necessary to
install metal posts in accordance with the Contract specifications. Payment shall also include mounting
existing signs to the new posts everywhere the contract drawings call out"Reuse existing sign." The
work involved in"resetting existing signs" as described in contract drawings "SXl" & SX2" shall be
considered incidental to construction and no separate payment shall be made for this work.
Item 125, 503: (Aluminum Signs) Aluminum signs are measured by the square foot to the nearest 0.1
square foot. Aluminum signs are paid for at the unit price bid for "Aluminum Signs", said price and
payment to be full compensation for furnishing sign blanks,reflective sheeting,and mounting hardware,
and for all labor,tools, equipment, and incidentals necessary to install the signs in accordance with the
Contract specifications. This bid item is for all signage shown on sheets"SXI"and"SX2"where "new
sign"or"replace existing sign"is called out.
Item 126, 505: (Epoxy Pavement Marking—Curb Top&face) Measurement and payment shall be per
MPWSS Section 02581,Part 4.
Item 127: (Epoxy Sharrow Marking) Measurement and payment shall be per MPWSS Section 02581,
Part 4.
Item 128: (Construction Staking) This item shall be measured on a lump-sum basis. Payment shall be
made at the contract lump-sum bid price for this item,and shall constitute full compensation for hiring a
Surveyor to perform all project construction staking; and for all materials, tools, equipment and
incidentals necessary to complete this item. This item shall also include all necessary coordination and
scheduling of surveying activities which shall be the sole responsibility of the contractor. Progress
payments are in proportion to total construction completed. Payment shall also constitute full
compensation for construction staking for all four schedules of work as described under special provision
#43.
Item 129: (Exploratory Excavation)The item shall be measured and paid by the number of hours spent
performing exploratory excavation. This bid item shall be directed by the on-site engineer in locations
where information about an existing buried utility is needed. This bid item shall also be used whenever a
utility is encountered that is not indicated on the plans. The exploratory crew shall consist of a minimum
of one excavator,one operator,and one laborer. The contractor shall assume all liability for damage to
existing utilities as a result of this bid item. No payment shall be issued for utilities and utility crossings
shown or described in the contract drawings. All known utility crossings shall be considered incidental
to construction. This bid item is intended to compensate the contractor for unknown utility crossings and
exploration of existing utilities when directed by the onsite engineer.
Item 130,228,310&413: (Miscellaneous Work)The item Miscellaneous Work has been provided in
the proposal for any work and/or materials which may be encountered during construction,but which is
not addressed elsewhere in the contract.Miscellaneous work will be measured by the respective unit for
material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous
Work,measured as provided above,will be at agreed upon prices or on force account basis.The number
4 MEASUREMENT AND PAYMENT
of units in dollars set down in the contract is an estimated amount only, which may be adjusted up or
down by the Engineer in accordance with the needs of the project.
Item 201:(Connection to existing main)Measurement and payment per connection to an existing water
main. Payment shall include all materials, equipment and labor to complete the connection, including
any necessary thrust restraint,thrust blocks, or gravity blocks,pipe spools, and couplings.
Items 202,203,204: (Valves)Measurement and payment shall be as per MPWSS Section 026604.6A.
Items 205-212: (Tees, bends, crosses, &reducers)Measurement and payment shall be as per MPWSS
Section 02660 4.3 A.
Items 213-215: (Ductile iron pipe) Measurement of water mains is made in lineal feet along the
centerline of pipe through all valves,fittings,and appurtenances.Payment for water mains will be made
at the contract unit price bid per lineal foot of the various sizes and classes of ductile iron pipe called for,
which includes furnishing and installing pipe, furnishing and placing Type 1 pipe bedding, trench
excavation, backfill, and compaction, including furnishing and placing any required flowable fill
backfill, cleaning, testing, and disinfecting the water main, providing any and all necessary joint and
thrust restraint, dewatering, proper disposal of all waste materials, and all other work necessary or
incidental for completion of the item.
Item 216: (Service reconnection within trench limits,2"diameter and smaller)Measurement shall be by
the numerical count of each service that is reconnected within the limits of the main line trench.
Payment at the contract unit price shall constitute full compensation for furnishing and installing all
service clamps, corporation stops, water service pipes, fittings, and for tapping of the new main and
providing all tools, equipment and incidentals necessary to complete this item.
Item 217: (Service reconnection outside trench limits,2"diameter and smaller) Measurement shall be
by the lineal foot of each service that is reconnected,beginning at the connection to the main,up to the
connection to the existing service,either outside or inside of the building. Payment at the contract unit
price shall constitute full compensation for furnishing and installing all service clamps, corporation
P stops, water service pipes, fittings, curb stops and curb boxes, and for tapping of the new main,for all
excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to
complete the item, proper disposal of all waste materials and providing all tools, equipment and
incidentals necessary to complete this item.
Item 218: (Install expansion tank and backflow preventer) Measurement will be by numerical count
indicated where services are replaced into the house and there currently is not an expansion tank or
backflow preventer. Payment shall include all materials,equipment,appurtenances,and labor to provide
and install the expansion tank and backflow preventer.
Item 219-221 (Fire hydrants)Measurement and payment shall be as per MPWSS Section 02660 4.7 A.
Item 222:(Remove Existing Hydrant)Measurement will be by numerical count indicated where hydrants
5 MEASUREMENT AND PAYMENT
1
are to be removed but not replaced with a new hydrant in the same location. Payment shall include all
materials,equipment,and labor to remove the hydrant to the shoe and salvage to the City,plug the lead
pipe, excavation, backfill, surface restoration to match existing, and appurtenances.
Item 223: (Insulation) Measurement shall be made on a lineal foot basis along the centerline of the
pipeline being insulated. Payment at the contract unit price shall constitute full compensation for
furnishing and installing the insulation board to the required dimensions as well as any required
additional excavation, furnishing and placement of sand bedding, backfill and compaction, all for all
tools, equipment and incidentals necessary to complete this item.
Item 224:(Temporary water system)This item shall be measured on a lump-sum basis.Payment shall be
made at the contract lump-sum price bid for this item, and shall constitute full compensation for
providing and installing the temporary water system where needed,making all temporary connections,
disinfection and testing of the temporary water system, protecting the temporary water system from
damage at all vehicle crossing points,providing ADA approved pedestrian crossings of the temporary
water system if necessary, for removal of the temporary water system and restoration of any pavement
cuts, and for all materials, tools, equipment and incidentals necessary to complete this item. Progress
payments are in proportion to total construction completed.
Item 225: (Type 2 Bedding)This item shall be measured and paid for as per MPWSS Section 022214.4,
cubic yard basis.
Item 226: (Imported Backfill Material) This item shall be measured and paid for as per MPWSS
Section 02221 4.5, cubic yard basis. Payment shall also include all equipment, labor, and materials
necessary for hauling unsuitable excavated materials off site, disposal of excavated materials,
hauling 6-inch minus pit run material on-site,placing and compacting the pit run, and all incidental
costs to complete this item.
Item 227: (Locate&Repair Sewer Service)Measurement shall be by the numerical count of each sewer
service which is found to be more than 2' either side of the locate marks. Payment at the contract unit
price shall constitute full compensation for locating the sewer service and repairing it if it is broken
including furnishing and installing pipe and necessary fittings, furnishing and placing Type 1 pipe
bedding, trench excavation, backfill, and compaction, including furnishing and placing any required
flowable fill backfill,dewatering,proper disposal of all waste materials,and all other work necessary or
incidental for completion of the item. No separate measurement and payment will be made for locating
and/or repairing any sewer services which are found to be within 2 feet either side of the locate marks.
Item 301: (Remove Existing Manhole) Measurement shall be by the numerical count of each sanitary
sewer manhole removed. Payment at the contract unit price shall constitute full compensation for
removal of the structure in its entirety,trench excavation,dewatering,backfill,and compaction,proper
disposal of all waste materials including the structure and all its appurtenances, sanitary sewer pipe of
various sizes as shown on the plans and Fernco flexible couplings to reconnect the existing main where
manholes have been removed, and all other work necessary or incidental for completion of the item.
6 MEASUREMENT AND PAYMENT
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Item 302: (Connection to Existing Manhole) Measurement shall be by the numerical count of each
l sanitary sewer main that is connected to an existing sewer manhole as described in the contract drawings.
Payment at the contract unit price shall constitute full compensation for connection to the manhole,
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including:core drilling or saw cutting the existing structure to accommodate the new pipe,re-forming a
How channel in the structure,and brining the connection into compliance with City standards. Payment
shall also include and all other work necessary or incidental for completion of the item.
Item 303: (Connection to Existing Sewer Main) Measurement shall be by the numerical count of each
I connection made from a new sewer manhole to an existing sewer main. Payment shall include all
couplings,pipe,equipment,materials,and labor and any incidental items necessary for completion of the
Iconnection.
1 Item 304: (8" SDR-26 PVC Sewer Main) This item shall be measured and paid for as per MPWSS
Section 02730 4.2. Removal of existing sanitary sewer pipe during installation of the new main shall be
considered incidental to the construction. No separate payment will be made for removing and disposing
of old sanitary sewer pipe.
Item 305, 306: (4' Dia. Basic Manhole 5'-0"Depth, &Additional Manhole Dept) This item shall be
measured and paid for as per MPWSS Section 02730 4.3.
Item 307: (4" SDR 26 Sewer Service Connection) This item shall be measured and paid for as per
MPWSS Section 02730 4.4,and shall include furnishing and installing the in line wye in the sewer main.
Item 308: (4"SDR 26 Sewer Service) This item shall be measured by the lineal foot of sanitary sewer
service installed. Payment shall include full compensation for excavation,disposal of existing service
pipe, dewatering, all materials, equipment, labor, and tools required to complete the work, site
restoration,and all other work necessary or incidental for completion of the item. The contractor should
expect that all clay services encountered during construction will be required to be replaced from the
main to the curb line. Completion of this work item will be required prior to construction of the road.
Item 309: (Bypass Pumping) This item shall be measured and paid by lump sum and shall include all
I costs associated with providing temporary sanitary sewer and bypass pumping as described in special
provision 44 of the contract documents.
i Item 401,402: (Remove Existing Storm Sewer Inlet/manhole) Measurement shall be by the numerical
I count of each manhole and/or inlet removed. Payment at the contract unit price shall constitute full
compensation for removal of the structure in its entirety, trench excavation, dewatering, backfill, and
compaction, proper disposal of all waste materials including the structure and all its appurtenances,
storm sewer pipe of various sizes as shown on the plans and Fernco flexible couplings to reconnect the
existing main where manholes have been removed, and all other work necessary or incidental for
completion of the item.
Item 403, 404, 405: (10", 12" & 15" Storm Sewer Pipe) Measurement and payment shall be as per
MPWSS Section 02720 4.3.A.
7 MEASUREMENT AND PAYMENT
1
Item 406, 407: (4' & 5' Diameter Storm Manholes) This item shall be measured and paid for as per
MPWSS Section 02720 4.3 with the exception that no additional payment will be made for manholes in
excess of 5'-0"in depth. This additional depth shall be considered incidental to the completion of this
item.
Item 408: (Standard Strom Drain Inlet) Measurement and payment shall be as per MPWSS Section
02720 4.4.A.
Item 409: (4' Combination inlet/manhole)Measurement and payment shall be as per MPWSS Section
02720 4.3.
Item 410,412: (Connection to Existing Storm Manhole/Inlet) Measurement shall be by the numerical
count of connections to existing storm drain manholes and inlets. Payment shall include full
compensation for all labor, materials, and equipment necessary to make the connection, including:
excavation, backfill, concrete demolition and disposal as required for the penetration, grouting and all
other items incidental to the completion of this item.
Item 411: (Connection to Existing Storm Main) Measurement shall be by the numerical count of each
connection made from a new storm manhole to an existing sewer main. Payment shall include all
couplings,pipe,equipment,materials,and labor and any incidental items necessary for completion of the
connection.
Item 501: (Traffic Circle Concrete Median Curb) Measurement shall be by the lineal foot of median
curb installed to form traffic circles as described in the contract drawings. Measurement and payment
shall shall follow MPWSS Section 02528 4.LA.
Item 502: (Traffic Circle Concrete Cap) Measurement and payment shall be by the square foot of
concrete cap installed in the center of traffic circles. Payment shall include installation of concrete base
materials and all equipment, labor and materials, and any other work incidental to completion of this
item.
Item 601: (Concrete Planter Curbing) Measurement and payment shall be by the lineal foot of concrete
curb installed on new asphalt as shown in the detail drawing on sheet"D2." This curb shall be located in
the center of traffic circles on Alderson and Harrison.
Item 602: (Traffic Circle Top Soil) Measurement and payment shall be by the cubic foot to place
topsoil inside concete planter curbing (see Item#601).
8 MEASUREMENT AND PAYMENT
i
i
APPENDIX
Standard Drawings
1
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CIO a
—N
R9-11(L)
SIDEWALK CLOSED
AHEAD
CROSS HERE
30"X24"
R
24"X18"
SIGNS ARE TO BE PLACED AT
THE NEAREST LEGAL CROSSING
TO THE WORK AREA. MAY ONLY
BE USED IF A PARALLEL
SIDEWALK EXISTS ON THE OTHER
SIDE OF THE ROADWAY.
SIDEWALK
CLOSED
24"X18"
R9-1 1(R)
SIDEWALK CLOSED
AHEAD
CROSS HERE
30"X24"
SIGN
® WORK SITE
TRAFFIC DRUMS OR CONE
CITY OF BOZEMAN SCALE: PEDESTRIAN TRAFFIC NO. 01570-7
NONE CONTROL FOR TEMPORARY FEB 2007
STANDARD DRAWING SIDEWALK CLOSURE
i
5'
5 =% �..
i
�+ R9-9
I
SIDEWALK
CLOSED
TEMPORARY ACCESS
RAMP ADEQUATELY
SUPPORTED
FENCING
FENCING SIDEWALK
CLOSED
MUST MAINTAIN 4' CLEAR AREA i ft9-9
BETWEEN FENCING.
WALKWAY MUST BE SMOOTH
AND KEPT CLEAR OF FENCING AS SHOWN MAY USED
OBSTRUCTIONS FOR SHORT TERM (LESS THAN
APPROPRIATE TRAFFIC 30 DAYS) INSTALLATION, MORE
CONTROL PLAN MUST BE PERMANENT STRUCTURES WILL BE
USED FOR LANE CLOSURES REQUIRED FOR LONGER TERM.
- ' A COVERWALK MAY BE REQUIRED
FOR OVERHEAD OPERATIONS (IF
HEIGHT MINUS 10' EXCEEDS
DISTANCE FROM WALK WAY TO
WORK AREA)
CITY OF BOZEMAN SCALE: SIDEWALK CLOSURE NO. 01570-8
STANDARD DRAWING NONE WITH FEB 2007
DETOUR
E11 SIF2FMJH.G
..J a•J:L
' 4r.'i•
/M uIX ASPHALT
(� 24'NX
c4wvlctEn BASE '
AND SUDCMGE k •i.I• iMNGS As NEUSSRY
ADAHTM
NOTES.
1.Adjust manholes upward with adjusting rings
under fimme.
2.Adjust manhole downward by removing cone and barrel sections as
I necessary and replacing with sections of length required to match grade,
3.Slope manhole frame as required to mathch slope of
street.
I4.Final manhole adjustment shall he made before paving.
5.All joints between manhole sections,top cone,adjusting rings,and manhole
ring shall be watertight. Joint material shall be"Ram Nek"or approved equal.
l6.Manhole ring and cover shal be adjusted to match final crown and grade of street.Use
Anderson Precast or approved equal concrete angled adjustment rings to obtain required
angle.
1 7.Manhole ring and cover.use MCI 305 frame,305A cover,IFCO 772 frame,
772-B cover,or Doctor 1025,or D&L A-1172 with 1"cover,
l
CITY OF BOZEN3AN Scale: MANHOLE ADJUS TMENT N0. 02213-1
STANDARD DRAWING None DETAIL Rev.April 2005
I
TOP OF NEW PAVEMENT
.. I 1 8' MIN.. 1 4" MAX.
6'
COMPACTED 8li5E & SUBGRADE
NOTES:
1. Adjust water valves upward or downward as required. Final adjustment shall be made after paving and before
seal coating.
2. Model No. 69 8550 series, East Jordan Iron works adjustable screw—type risers may be used to raise or
adjust existing valve boxes only.
3. Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar
except with a concrete collar.
CITY OF BOZEMAN SCALE: WATER VALVE ADJUSTMENT NO. 02213-2
STANDARD DRAWING NONE DETAIL Feb. 2004
NOTE: WHERE TRENCH PASSES THROUGH EXISTING PAVEMENT
THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL
j LINE A MINIMUM OF 12" (30cm) FROM THE EDGE OF THE TRENCH
I OPENING. WHERE NEAT LINE IS LESS THAN 3' (0.9m) FROM EDGE
OF EXISTING PAVEMENT OR CURB AND GUTTER SECTION,
REMOVE AND REPLACE ENTIRE PAVEMENT SECTION BETWEEN
TRENCH AND EDGE OF PAVEMENT.
EXISTING STREET SURFACE VERTICAL TRENCH WALLS WITH
SHORING TO CONFORM TO O.S.H.A.
REGULATIONS'
r
12"(30 cm) MIN.
SUBGRADE OR GROUND
SURFACE
77 z
INSTALL DETECTABLE SLOPING, BENCHING OR
WARNING TAPE 18"(45cm) SUPPORT SYSTEMS IN THIS
BACKSLOPE AS SPECIFIED MAX. DEPTH AREA TO CONFORM TO
TO CONFORM TO O.S.H.A. (OPTIONAL) O.S.H.A. REGULATIONS'
REGULATIONS*
TYPE 'A","B", OR "C" ' 6'(15cm)
TRENCH BACKFILL
I /
SELECT TYPE I BEDDING
MATERIAL PLACED
10 , //<. IN 6'(15cm) LAYERS &
TYPE I PIPE BEDDING c C. c Gc�////� COMPACTED AS SPECIFIED
PLACED IN 6"(15cm) MAX.
4"tOcm o c�'G IN SECTION 02221,
LAYERS AND COMPACTED cc z ( )
I THOROUGHLY.
TRENCH N1D71-1=0.0.OF PIPE PLUS 2'(60cm) j \
MIN. TRENCH WIDTH= 3.5'(1.1m)
TYPE 2 PIPE BEDDING
WERE REQUIRED
FOR OFT OR /\\ \/
FOUNDATION
NOTE: SEE CONTRACT SPECIAL PROVISIONS FOR ANY
MODIFICATIONS TO STANDARD TRENCH MATERIALS
j AND/OR OTHER TRENCH DESIGN FEATURES
• SEE O.S.H.A. CONSTRUCTION STANDARDS
FOR EXCAVATIONS.
REVISED: 10/25/02
CITY OF BILLINGS SCALE: STANDARD DRAWING
STANDARD SPECIFICATIONS NONE TYPICAL UTILITY TRENCH DETAILS NO. 02221-1
I
II Is recorfrrrzr•d l)r�,l nalrvr rruderial..• which may be us•c-d lot pipe
hecldrng vat Y 11 irlel} 110111 'Ilea to ,rr ea. Tiler efor e. the lollnu in, is
olfeved in alternate to Ihe T1PE I plpc• bedding speoifurdion
in �(-vlion 0:222PTRCKC'H C\C,VVVTIOK AND f1ACKFIiL POR PW -
LINES AND APPURTENANT STRUCTURES This alive-hale shall he used
ornh if r,dh d for ?n Ih(• �perral Prot isrons. 11 nrusl be ernphas•iled
fit-it un .should be rrsed Nilhoot file erwinevv*s
walunHon of the particular situation
TYPE 1 PIPE BEDDING 71•pe I I,il,r. bedding. rmpoiled or
naf,11 a11.1 or run r irr- err site. shall be grai el. grn1 e•1 -sand
mivl ur e. or .'•and Die material shall he ,roll graded and
shrill eonlorm In lilt- r•equiromenis for soil I%pe GII (w-n -
1(•l. tiell _eroded) or III (sand, well graded) of rho 11ni-
hod Foil Cfua:srlicalion �'A'sfenr as delineated in
AST-il 0218� (,,\evp(. it Ilrc• diserc•lion of (he en_inee). the
material maj contain up to , rnuxirnnnr of 1.2 per(ent
passing the 200 sieve provided the plastrrity index of the
rnnterrrd is 6 or less. The maximum si7 gray I shall be
�; I me h. The c•ocfficient of unifoirrril v for �ra1 e! hall be
i or grralrr and a coeffic•ienl of euilalure belireon 1 and '3
sand �4hall hale a coefficient of uniforrnrll of 6 or r realer
and a eoe•(irr ient of (ur rnl m e between i and .1 T)p(• 1 bed
dnn, shrill rorr.>rst of n urimmunr of •I inc hes•(fo (11)). or 1 13 Ihe
onlsrde dr,unel(:r of pipe,. crbirhele•r Is ure•i11cr, heddrn-,
nmalerrnl under il)c• pit)(' And the bc-rfdnng moterial around
air(] of e r the pip( to n point ,i nrrnirnrrm 6 inrhe.: (15c-ur) Abode
the top o1 the tripe unless s•p((rfiod olh(r11is( in the �peeral
1 )o vision s-
I'ho eoolfiereni of (rrnifornitl is de•(inml as the ratio of grain size dnrneler
at 60" pas..•in, In Ihe krain .size (immeter at 10'. passing e\pie.�ed as.
Cu =
DGo
D10
The roeflirient of eur%atu•e is d(lked as the position of the square of the
grain size diarrrelcr rd •10% passing to the procluel of the _nan snze (h,cnreter
of 10 1)<1.S.urg liunes Ili(- 01�,in r'r%e cfiHrrrn(•1(r at 60% pasAng eXpreSsed as'
Cc =
(Dso)2
D1D x D6D
Ilhere the naturally- o(eurring material eonlains voids- n-hrrh Would nllow
nrrrerahom sand beeldine material .shall not he used.
Redding rnoteriid under- rind "round the pipe to 6 inehos 05(r )) above the
lop of Ihe pipe shall he plrreed by hand or other c-r,refrrl manner sn as not to
dislnr•b the pip(, in maxirnnurrn layers of 6 inel es (15crn) and cornpac led to a
mrniuurn of 85,% Iandard Proetol- ASTU D698 R. AASHTO T-99 Spec inl care shall
be taken to assure oomplete (onlprael.ion under ihv hannvire.s of the pipe.
Ilarl<fill material shall he placed in the trench lot its run uvidth on each side
sirn lilt all(orrslr Irate] svtilinga of this portion of the Irenrh will not be allowed
The addition of n•rrler shall be limited to that required for• optinjum moisture
lot- rnaxinrunr eompm lion of the malerial.
REVISED: 12/27/95
MONTANA PUBLIC WORKS SCALE: PIPE BEDDING ALTERNATE TN
TANDARD DRAWNG
STANDARD SPECIFICATIONS NONE 0. O2221-2
A
Ground Surface
Std.Trench Backfill
Trench Plug Material
Select Pipe Bedding
Bottom of Trench Type 1 Bedding
A
L10'(3 m) —I
Section A-A
Sid.Trench Backfill
Ground Surface
Trench Wall ',',/�.',',��,';,� ';; ';,�/.', Trench Wall
IPlug Limit Plug Limit
I
3' 90 cm)
I Plug Limit V Trench Bottom
3'(90 em)J
—� �3'(90 cm)
J�J REVISED: 10/21/02
_ I
MONTANA PUBLIC WORKS SCALE: TRENCH PLUG STANDARD DRAWING
STANDARD SPECIFICATIONS NONE EXCAVATION DETAIL NO. 02222-1
1
5.4" (0.45')
24"
9'
2"
„ TOPSOIL d 3"R
4
(TYP.) 4"R I 5"
d
3/4 70 PER 1' SLOPE
\// d 4 ° ..
/ ° d
/ e 7,544
d °
O O O O O O O O O O O O O O O 0
CRUSHED GRAVEL O O O O O O O O O O O O O O O
BASE - 3" MIN. 0000000000000000000000000000000
O O O O O no no O O O O O O O O O
SUB-BASE COURSE
AS REQUIRED
COMPACTED SUBGRADE
0.5" 15" 3/4"
�3/4" PER 1' SLOPE 4" PER V SLOPE
6"
1 2" PER V SLOPE
DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDESTRIAN RAMPS SPILL CURB
NOTES:
1. Subgrade or base course compaction shall conform to section 02230 (M.P.W. Specs., 1996 ed.)
2. Contraction joints shall be placed at 10' intervals and shall have a minimum depth of 3/4" and minimum width of 1/8".
3, 1/2" expansion joint material shall be placed at all P.C.s, P.T.s, curb returns and at not more than 300' intervals. The
expansion material shall extend through the full depth of the curb and gutter.
4, No curb and gutter shall be placed without a final form inspection by the City Engineer or his representative.
5. Concrete shall be Class M-4000.
6. Crushed gravel base shall meet the requirements of Section 02235 (MPW SPECS, 2003 ed.) For curb and
gutter replacement projects, washed rock may be used for the gravel base.
CITY OF BOZEMAN SCALE: INTEGRAL CONCRETE NO. 02528-1
STANDARD DRAWING NONE CURB & GUTTER Revised
Mar. 2006
I
I
ICURB TO CURB
WIDTH - VARIES
I FACE OF CURB 15' R (TYP)
FACE OF GUTTER
EXPANSION JOINT
CONTROL JOINTJ A BACK OF CURB
FLOWUNE
WITH CURB RETURN A
FILLET AS ONE PIECE 6
]JOINTS WILL BE REQUIREDIF EXISTING CURB
DOWEL WITH 5 #4 X 36" RETURN, GRIND GUTTER APPROX. EVERY 10 FEET
SMOOTH REBAR EVENLY I SPACED ON 1' CENTERS TO FORM OUTLET
CHANNEL WHEN THIS
WITH 3 1/2" OF COVER.
ONE ONEAEND OF BBARS PLAN VIEW IS THE HIGH SIDE
1
i
VARIABLE
6'-0" MIN. STREET SURFACE
3 1/2"
1/2" PER 1'
f•... �:Lam- • !�.
REINFORCE WITH #4
SECTION A-A BARS ON 2' X 2' GRID
NOTES: THE WIDTH WITH PROPORTIONAL
INVERT MAY VARY TO SATISFY THE DESIGN
REQUIREMENTS OF INDIVIDUAL APPLICATIONS.
FINISHED STREET SURFACE TO BE 1/8" TO
1/4" ABOVE EDGES OF DOUBLE GUTTER.
CITY OF BOZEMAN SCALE: DOUBLE GUTTER DETAIL NO. 02529-1
STANDARD DRAWING NONE FOR STREET INTERSECTION DEC. 2003
I !
6' — 0"
*1.5"
O•
T O
7' JT
*Depth will vary proportionately
3" GRAVEL with width of cross drain
3'
CROSS
DRAIN
CONTROL JOINT - SEAL WITH BITUMINOUS JOINT SEALER
EXPANSION JOINT
6"
8
10"
EXTEND EXPANSION TUBES 3/4" PAST END
OF STEEL DOWEL TO ALLOW FOR EXPANSION
(IF DOWELS ARE USED)
FILLET TO BE PLACED ON 3" COMPACTED
GRAVEL BASE OR STREET BASE, WHICHEVER
IS GREATER.
rOF
EXPANSION JOINT AT
P C (1YP) 15' R (TYP.)
3/4" STEEL DOWELS (OPTIONAL)
CITY OF BOZEMAN SCALE: STANDARD FILLET NO. 02529-2
STANDARD DRAWING NONE AUG. 1994
1
I o 0
a r
o K m
N 0 nl
I
2 U w o
(n a O
NN
0
I / \N` W
��
Y / \`\\� /6� a O
�r Wm
/ \\ N� ~
I \\� I W
CL
-J
\ r
>
W
\ a, W D
m
w W
J
Z
gg 2 a O
En Z
cn
Z
\ O
\ \ / m w
im) a
0- cn
w 0 a
I
� E
I
I
e .v 'd I R = 15'
BACK OF
CURB R
d °
PT e° e
B
DOWEL WITH 24' N0.5 a•. � EXPANSION 1. (TYP.)
REBAR 3" INTO BACK JOINTS
OF CURB, 3 CLEAR ° N d C
A :: .
}2x MAX. A, A • At
°
4.
SIDEWALK
•••• LAN;ING N 1:20 MAX. 5' SIDEWALK (.
+�—► °
..•.. - 24" Min d' • °+ . .
• .,d
SCALE: 1" =5'
WEL
C c) 5 1/2' BLVD. (TYP.)
a
6' THICK
CONCRETE SURFACE
RAMPS TO BE CONSTRUCTEDWITH DHETECTA13LE �\EXPANSION Flow line
COVERIING�THE ENTIIRE WIDTHNOFyTITHE RAMP. JOINT
ONE COFt,(JER OF THE DETECTABLE WARNING MUST BE
WITH IN 8 OF GUTER FLOW LINE, NO OT ER POINT
ON THE LEADING EDGE OF THE bETECTABLE WARNING STORM DRAIN INLET
MAY BE MORE THAN 5' FROM THE FLOW LINE.
(TYPICAL LOCATION)
REINFORCE CONCRETE IN RAMPS WITH
FIBERMESH"AT A RATE IF 1 1/2 lbs./C.Y.
OR WITH 6x6x10 GAUGE WIRE MESH 12" 5'-0" 12"
TOP OF CURB
TRANSITION TO NORMAL SIDEWALK
ELEVATION. DISTANCE VARIES.
SIDEWALK
5' SIDEWALK NO UP
VARIES LANDING FLOW LINE 5.5'
SECTION I3—B
NO LIP 9.5„ 12a MNK• NO SCALE
DAR
6" CURB SSEDCTON 2 1/2'DEPRESSED
6" 6" CONCRETE SIDEWALK uNdNG
RAMP 3" G EL BASE (TYP,)
SECTION A-A
NO SCALE
SECTION C-C
CONSTRUCTION NOTES: NO SCALE
1. Standard applies to new construction, with max. curb R=15', and min. 5.5' boulevards.
2. Romp and curb can be poured monolithically.
3. Storm drain inlets shall be constructed "upstream" of romps. Alternative locations permitted only upon City Engineer's approval.
4. Ramp width shall be 5' minimum.
5. Sidewalk cross—slopes shall not exceed 27.
BOULEVARD SIDEWALK NO. 02529-8
CITY OF BOZEMAN SCALE: PERPENDICULAR
STANDARD DRAWING AS SHOWN PEDESTRIAN RAMP NOV. 1995
(15' MAX. RADIUS/5.5' MIN. BOULEVARD) Revised April 2006
USE BLENDED TRANSITION RAMP WHERE
LD41TATIONS DUE TO BOULEVARD WID`rK
RIGHT-OF-WAY,CURB RADIUS,OR INTERSECTION
ANGLE PREVENT THE USE OF STANDARD RAMPS PER
C.O.B STANDARD DRAWING 02529-8
DETECTABLE WARNING TO BE A MINIMUM OF 4'
WIDE,CENTERED ON THE CROSSWALK M
O EXPANSION SOW
1:12MAX"I � SIDEWAIR
XXX Drop Curb N
® Curb Transition i 2%MAX
ImmsION
JOINT
MGM AS RP.QUnM TO MAKE
l STANDARD SIDEWAI%(RADE
y
ImS Romp
No Lip S'Mm Vmiea Sidewalk
sxxex
3"Canvd Base(1yp.)
4"Comele
6"Concrete Rckfocoed wilh 1.5 Um
Fibamesh lC.Y.or 6x6x10 G=Se Wiee Moah
S=ON A-A
Not to Bode
CITY OF BOZEMAN SCALE: BLENDED TRANSITION NO. 02529-8A
STANDARD DRAWING NOT TO SCALE PEDESTRIAN RAMP APRIL 2006
TYPE OF MAIL BOX AND
SUPPORTING POST IS OPTIONAL
r---------- ----,
I I
MAIL Box
i
8' MIN F- 6
(ice) MAINTAIN 3'(0.9m) MIN.
CLEAR SIDEWALK
"DTH TO MAILBOX OR
SUPPORT WFIEN MOUNTED
IN SIDEWALK.
g
0
E
rn
c
SIDEWALK OR BOULEVARD
CURB
STREET SURFACE
v
a
REVISED: 12/27/95
MONTANA PUBLIC WORKS SCALE: MAIL BOX MOUNTING STANDARD DRAWNG
STANDARD SPECIFICATIONS NONE FOR CURBLINE DELIVERY NO. 02529-10
SIDEWALK BOULEVARD
+ 5'TYP VARIES--
PROPERTY 47
MIN GRAVEL BASEt3"
THICK M-4000 CONCRETE
MAINTAIN SECTION B
PROPER
SIDEYARD I
SETBACK PER
ZONING
REGULATIONS —/—,� TRANSRION SECTION FROM
EXISTING CURB TO DROP CURB:
3' M ., 5' MAX.
IXPANSION JOINTS COMPLETELY
AROUND SIDEWALK SECTION
DRIVEWAYTHROAT WIDTH
24' MAX.
CURB &APRON POURED MONOLITHIC
UNLESS OTHERWISE APPROVED
CONTRACTION JOINT
EXPANSION JOINTS AT CURB RETURNS
T u
w BACK OF CURB
SIDEWALK CONTRACTION JOINTS j
SPACED AT 5' INTERVALS - MIN. I FLOW LINE
DEPTH 1". EXPANSION JOINTS
TO BE PLACED AT 25' g I EDGE OF GUTTER
INTERVALS. u VARIABIJ=
(5.S' TYP.)
CONTRACTION JOINTS TO BE SPACED I
AT 10' INTERVALS IN CURB & GUTTER
EXPANSION JOINT MATERIAL SHALL BE 1/2" THICK PRE—FORMED BITUMINOUS TREATED FIBERBOARD FILLER.
ALL CURB REPLACEMENT SHALL BE DONE WITH INTEGRAL CURB AND GUTTER UNLESS OTHERWISE APPROVED.
GRADE ESTABLISHED AS 1/4" RISE PER FOOT FROM TOP OF ADJACENT FULL HEIGHT CURB
R MATCH EXISTING SIDEWALK GRADE
SIDEWALK DRIVEWAY
,f
1PER FOOT SLOPE 5 5 TYP STREET
(VARIES)
� SURFACE
w
z
0: 0 p "p p •
w O..
n.
0
WASHED ROCK
3" MIN. MIN. 6" THICK ' CURB & GUTTER
M-4000 CONCRETE
* OR MATCH EXISTING OR REQUIRED SIDEWALK WIDTH
SECTION A
CITY OF BOZEMAN SCALE: RESIDENTIAL NO. 02529-11
STANDARD DRAWING NONE DRIVEWAY APPROACH DEC 2003
AND SIDEWALK DETAILS
............ :................. .. ...........
1' FROM EDGE OF GUTTER OR
FACE OF VERTICAL CURB
8" White Standard
—� 24" .White
Stop Line
8'
Standard
SEE 1 2'I NOTES:
NOTE 2 I I (1) THE LOCATION OF THE CROSSWALK
LINES ARE DEPENDENT UPON LOCATION
3 ' , 'T 1 OF THE SIDEWALKS.
(2) 4' MINIMUM FOR SINGLE LANE
1 APPROACHES. FOR MULTI-LANE
APPROACHES , SETBACK BASED ON
ENGINEERING DESIGN.
White (3) USE YIELD LINE FOR
Yield Line UNCONTROLLED CROSSINGS, STOP
LINES FOR CONTROLLED CROSSINGS.
CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS NO. 02581 - 1
NONE FOR PEDESTRIAN CROSSINGS FEB. 1996
STANDARD DRAWING (TYPE "A" CROSSINGS)
Revised April 2013
i
i
1 '
2'
T 24" White Stop Line
School Crossing f
-2�
c
8' Typical
NOTES:
(1) THE LOCATION OF THE CROSSWALK
0 LINES ARE DEPENDENT UPON LOCATION
OF THE SIDEWALKS.
(2) USE YIELD LINE FOR UNCONTROLLED
CROSSINGS, STOP LINE FOR CONTROLLED
CROSSINGS (SEE STANDARD DRAWING
02581-1)
CITY OF BOZEMAN SCALE: TYPICAL PAVEMENT MARKINGS NO. 02581 -2
NONE FOR SCHOOL CROSSINGS FEB. 1996
STANDARD DRAWING TYPE CROSSINGS
C B ) Revised April 2013
4.
B
tiB
3 REDUCER
MIN.
UNDISTURBED EARTH
r.•
TEE TEE (Plugged) BEND
STANDARD DIMENSIONS FOR THRUST BLOCKING
RTANG TEES do PLUGS 90°BEND 4e8END do WYES REDUCERS 1 BEND
S77FS A B A B A B A B
4" 1'-7' 1'-2'
6" 2'-0' 1'-11" 2'-5' 2'-2" 1'-10" l'-7" 1'-9" 0'-10'
8" 2'-8' 2'-6' 3'-2' 3'-0' 2'-5" 2'-l' 1'-9' 1'-6"
10" 3'-4" 3'-3' 4'-0" 3'-10' 3'-0' 2'-9' 2'-2" 1'-11"
12' 4'-0' 3'-10" 4'-8' 4'-8' 3'-B' 3'-3" 2'-7' 2'-3"
14" 5'-5" 3'-10" 6'-6" 4'-11' 4'-9` 3'-5" 3'-5' 2'-5'
METRIC DIMENSIONS FOR THRUST BLOCKING
FIT77NG TEES&PLUGS 900BEND 4eBEND k WYES REDUCERS
SIZES A B A B A B A B
lOcm 0.5m 0.4m 0.5m 0.5m 0.5m 0.3m 0.5m 0.2m
15cm 0.6m 0.6m 0.7m 0.7m 0.6m 0.5m 0.5m 0.3m
20cm 0,8m 0.8m i.Om 0.9m 0.7m 0.6m 0.5m 0.5m
25cm 1.0m 1.0m 1.2m 1.2m 0,9m 018m 0.7m 0.6m
30cm 1.2m 1.2m 1.4m 1.4m 1.I m 1.0m 0.8m 0.7m
36cm 1.6m 1.2m 2.Om 1.5m 1.4m 1.0m 1.0m 0.7m
NOTES:
1. THESE TABLES ARE BASED ON 150 PSI(1030 kpa) MAIN PRESSURE 2.WAP ALL FMINGS WITH POLYETHYLENE.
2000 PSF(9800 kg/my) SOIL BEARING PRESSURE REVISED: 12 27 s5
MONTANA PUBLIC WORKS SCALE: THRUST BLOCKING STANDARD DRAWNG
STANDARD SPECIFICATIONS NONE FOR WATER MAIN FITTINGS NO. 02660-1
NO VERTICAL REQUIREMENT -1
-WATER MAIN
SEWER
10'-0" MIN. 0
(3m)
PARALLEL ARRANGEMENT
L L
L/2
L 2
_ EXISTING
_ o PIPE
I 1MIN.Q © \-NEW PIPE �-
-EXISTING `
PIPE 1$Q I5�N I
I + ( �) 3 ,-NEW PIPE
I CROSSINGS Q
5
NOTES:
Q SPECIFIC MONTANA DEPART. OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL
IS REQUIRED FOR A DISTANCE LESS THAN 10 FEET(3m) BETWEEN WATER MAIN AND
GRAVITY SEWER.
Q NO EXCEPTION TO THE MIN. SEPARATION REQUIREMENT IS PERMITTED WHEN THE
I SEWAGE CARRYING PIPE IS A FORCE MAIN.
AT CROSSINGS, ONE FULL LENGTH OF WATER MAIN PIPE SHALL BE LOCATED SO THAT
BOTH JOINTS WILL BE AS FAR FROM THE FORCE MAIN AS POSSIBLE.
Q3 LESS THAN 18 INCHES(0.5m) OF SEPARATION IS PERMITTED WHEN THE GRAVITY SEWER
AT THE CROSSING IS MADE FROM A SINGLE 20 FOOT(6.1m) LENGTH OF AWWA PRESSURE PIPE
AND THE CROSSING ANGLE IS APPROXIMATELY 90 DEGREES.
SPECIFIC MONTANA DEPART. OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL IS
REQUIRED FOR A VERTICAL SEPARATION OF LESS THAN 18 INCHES(0.5m) BETWEEN WATER MAIN
AND SANITARY SEWER
® "L" IS A STANDARD LENGTH OF PIPE AS SUPPLIED BY A PIPE MANUFACTURER.
Q5 ADEQUATE STRUCTURAL SUPPORT FOR PIPES AT CROSSINGS SHALL BE PROVIDED.
IREVISED: 12/27/95
MONTANA PUBLIC WORKS SCALE: WATER AND SEWER MAIN STANDARD DRAWNG
STANDARD SPECIFICATIONS NONE SEPARATION NO. 02660-2
l
1
� j
REBAR ANCHOR
0 0
0 0
e ua a /� ,d .aQ 6,
4
4 \ CONCRETE d.°.
ANCHORS
NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO. 50 COATING OR EQUAL.
THRUST BLOCK DIMENSIONS
R' °� voWe 100 PSI 150 PSI 200 PSI 250 PSI 300 PSI
Size od Stu A B C A B C A B C A B C kaa
B C
2'-0' 2'-0 2'-0 2'-0 2'-D'2'-0'2'-0'2'-0'2'-0 2'-0 2'-0' 2'-0 2'-0'2'-7•
1 2 1 0" 2'-0' 2'-D 2'-0'2'-6 2'-6 2'-0 2'-9'2'-6'2'-6' Y-0 3'-0'3'-0 3'-0 3'-0
1 2 2'-3' 2'-0 2'-0'3'-0 3'-0 2'-B 3'-5'3'-0'3'-O' 4'-3 3'-0'3'-0 3'-0 3'-0
1 14" 2'-3' 2'-0 2'-0'3'-5 3'-0 3'-0 4'-6'3'-0'3'-0' 4'-0 4'-0'4':2
1 8 16 3'-0' 3'-0 3'-0 4'-4 3'-0 3'-0 4'-1'4'-0'4'-0' 5'-1 4'-0'4'-0 1 4 18" 3'-6' 3'-0 3'-0 5'-5 3'-0 S-0 5'-1'4'-0'4'-0' 6'-4 4'-0'4'-0
3 8 24" 4'-4' 4'-0 4'-0'6'-5 4'-0 4'-0 6'-6'W-0'5'-0'
NOTE: Pressures shown above are maximum working pressures in system.
THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPECIFIED BY THE ENGINEER.
MEGA—LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCKS.
THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES
CITY OF BOZEMAN SCALE: THRUST BLOCKING FOR NO. 02660-3
STANDARD DRAWING NONE WATER MAIN VALVES DEC 2003
8'— 0" MAX.
3'— 0" MIN.
INSTALL PLUMB WITH TO BACK OF CURB
PUMPER NOZZLE
FACING STREET
NEW HYDRANT,
MUELLER SUPER
CENTURION 250
OR WATEROUS PACER
MIN. 4'— 0" CLEAR ALL
AROUND (TREES, HEDGES,
BUSHES, ETC.)
O ADJUSTABLE SCREW
ELEVATIONS AS SHOWN TYPE VALVE BOX
ON PLANS OR 0.2' WITH LID
ABOVE TOP OF CURB
GRADE
GROUND LINE
UNDISTURBED'
EARTH �\ MIN. 6.5' COVER
\`�\\C p• ° say ..4:'::.',jd:,;':ia1`���:-:
"CONCRETE
THRUST
BLOCK / ° ,p• a TO MAIN LINE
i / v`�:Y>-h_4�=r;��-?-c.. _{..C-'.;'-%i^.•�� ..;Yyi•�i��`�r.•_�:i�: .r.v'::i':'. ,.::Vx^:T�:
:..1. lC,.,`it`\l;a TF�•iC�t.t.: �a�'4.:^4)i:_,Y�. a;M1.. .!.. �.V ti:.`'''�`�
\ / ;';,�;`'.;:.:4;r;..,,�.' ._:..ate a :• cr- _ .i-:.':. c:,.�5`.
�\/ \\� :?;+;"•`> -� ;:}e'�.r:' :%.;.;_...•..✓ , : t:-.^Y�.::..;.-'.-+_.:.,+:_. JOINT AS REQUIRED FOR
� /\ ?.4`?rs.. :r.i :�:�:�_ �.`-:Y;3��• �:r.!. .wu ;Y:.• r.r:r�"•r,:�.:�.
i\\ �i� •�;�4' :t'- :: �;ki;:. `'= 'i.: � �'; �c�t-;.i;- �p:r:-•,: PIPE SPECIFIED
/ \ \: ':[�" 1t�..i' :'��j� ��7 ri�f.!�• .a..',"i.:'r.�":t�'�':trl;�;: :_-y,•J.c'r y':.:»�;�dti
�\%\��\�'\ ,•'\l- \�\'-/\��-\ ; '� �\\ �\ \ v/^fit
NEW 6" AUXILIARY GATE VALVE
MIN. 1/2 CUBIC YARD WASHED GRAVEL FLANGE JOINT
"MEGA—LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCK
CITY OF BOZEMAN SCALE: FIRE HYDRANT NO. 02660-4
STANDARD DRAWING NONE FEB 2008
PROPERTY LINE
2' MIN.
�& * VATRIABLE7
lr--FIR� HYDRANT
lk
........... . .... ..
........ ...
I........ ..... ... ..... .........
...... ..........*," .... . .......... ...........
............::. . . : '1" 1-1-1 - ...-....I......
-,':-': SIDEWALK-:-' �-..:
........... .. .......... .... ...... ........
.........
mm..*.'.,.,;:-l:.-.:" ............
..........
.............
WATER MAIN
CURB & GUTFER
CURB WALK DETAIL
................
..............
PROPERTY LINE
CURB & GUTTER
..........-
.......................
..............................
.. ........ ...........
.............w ..... . ...... ...........
. ...... ..... ... ......... ..........
....... ...
.... ..............
FIRE HYDRANT
14 r VAR51ABLEF
3' MIN.
VALVE
WATER MAIN
__j 5- L
(TYP.)
BOULEVARD WALK DETAIL
CITY OF BOZEMAN SCALE: HYDRANT LOCATION NO. 02660-5
STANDARD DRAWING NONE DETAIL Dec 2003
STEEL POST MARKER
PROPERTY PAINTED BLUE
LINE OR
EASEMENT
LINE
5 1/2 BOULEVARD
(TYP.)
GROUND SURFACE 4
STREET SURFACE
5' SIDEWALK 1.
(TYP.)
CURB BOX
1 1.5' PROVIDE 5' STATIONARY
(TYP) ROD IN ALL CURB BOXES
6 1/2' MIN.
COVER
SEE DETAIL 8'
BELOW (TYPICAL EXCEPT IN SPECIAL
TAP BY CONTRACTOR CIRCUMSTANCES WHERE CITY HAS
APPROVED ALTERNATE LOCATION)
CURB STOP
d I WATER MAIN
1I I NO COUPLINGS OR OTHER JOINTS ALLOWED ON SERVICE PIPE FROM BASE MATERIAL
CORP. STOP TO CURB STOP FOR 3/4" AND 1 SERVICES.
STRAIGHT COPPER PIPE SHALL BE USED FOR 1 1/2" AND 2" SERVICES
DETAIL OF A SELECT MATERIAL BACKFILL AREA
PROPERLY CORPORATION STOP (SEE SPECIFICATIONS)
INSTALLED
STOP.ORAT/ON
TAP MAIN AT /////. / / ///// /// j�/. //./ %//%/ %/ / 3/4" DIA. MIN.
SPRINGLINE. - / /// �/ /// / �// / // //// // / // // /j///j///j/ /j j SERVICE PIPE
2
/ O
3
%\\TO\\<-o\\\ 6., MIN.
TRENCH BOTM \\//
GENERAL NOTES;
1. WATER SERVICE LINES SHALL HAVE A MINIMUM 6 1/2 FOOT COVER MEASURED FROM THE EXISTING GROUND SURFACE, EXCEPT THAT COVER SHALL BE
MEASURED FROM CENTER LINE STREET GRADE WHEN SERVICE LINES ARE LAID TO A STREET SIDE WHICH HAS AN UPHILL SLOPE. WATER SERVICE LINES
SHALL HAVE A MAXIMUM 7 1/2 FOOT COVER AT CURB STOP.
2. WATER SERVICE LINES SHALL BE INSTALLED WHERE SHOWN ON THE DRAWINGS OR AS SPECIFIED.
3. BEDDING SHALL BE 1" DIA. MAXIMUM WITHIN 6" OF SERVICE PIPE.
4. INSTALL CURB STOP SO THAT OPERATING KEY IS PARALLEL TO STREET IN OFF—POSITION.
CITY OF BOZEMAN SCALE: WATER SERVICE LINE NO. 02660-6
STANDARD DRAWING NONE DEC 2003
R
1'
FINISH GRADE CURB BOX VALVE BOX
TOP SECTION
8'MIN
MUELLER
H-15428
STRAIGHT COUPLING
WITH GALVANIZED
OR BRASS CAP
6.5'
MIN
COPPER
SERVICE LINE
2" COPPER SERVICE LINE
4
1/4 BEND
COMPRESSION
E
COUPLING 1/8" DIAMETER
13
CURB STOP
CORPORATION STOP PROVIDEI/8" DIAMETER
DRAIN HOLE
WATER MAIN
CITY OF BOZEMAN SCALE:
STANDARD DRAWING NONE TYPICAL BLOWOFF N0. 02660-7
Dec. 2003
UNDIS
URBED
EARTHY (TYP.)
CONCRETE THRUST
BLOCK (TYP.) MJ GLAND
d 4
MJ GLAND
.tl -
D.I. MJ D.I. D.I.
PIPE TEE PIPE ® PIPE
MJ VALVE
D.I.
MJ GLAND PIPE
® 3/4" MIN, CORROSION RESISTANT ALL THREAD
RESTRAINING ROD, CONFORMING TO ASTM A242-81,
MJ VALVE INSTALLED IN HALF THE AVAILABLE MECHANICAL JOINT
BOLT HOLES (TYP.) WHERE NECESSARY, CLAMPING
LUGS (ROMAC "DUCTILE LUG" OR EQUAL) DESIGNED
TO FIT DUCTILE IRON (D.I.) PIPE, AND CONFORMING
MJ GLAND TO ASTM 536-80 MAY BE USED IN CONJUNCTION
D.I. WITH THE RESTRAINING RODS.
PIPE
CITY OF BOZEMAN SCALE: TYPICAL VALVE/TEE NO. 02660-10
STANDARD DRAWING NONE RESTRAINT DEC 2003
J
a_ O re)
CO
a � � CON
3� \\ ao wa NU
�� \ i �c(D0 d 0W
m Y in O z
o m m //\�/j/ o zLd
O
Z
m
En
Wo
C!
~o ¢ CD
z V)
O W \/ o O W
m = ~' \%��% ¢a U N
UI
w \(�y�\ i''v ZLJ
Z
_lam Q VI
U Lli ° to ut w W
LL J p n .a J Z F—
pLLJ O O � ° .v ° v ak Q ?�
UO ~ Z Fo O
a. Z LLJ
>- w z
a- o j �j /� a
Oa- (AO \ \ ,v m
Of Q O (if
W W
a O
wi\\/ f N z
U z
wNo
p
mwo p. Z
�Fm ° v
�\m D
(n O Q CD
ZF<
�Zw
ao� \� Q
\ ` w C F �
w in
LLI
w LL.� r � Ul
3AlHA M3N ?; \% Y O g H
oF- ow D cn cj�
wco> mm Z O0 Y
�o —
:cn (nw O � OU
oo �z ~ w m
a am r W � w �
aL w�i Jam ~ �-
o mmr. �� q � V) D
z � Zw w ?mW
N o SOD =
x3 .
w
1
I
FL NEAREST FOUNDATION
WALL TO CURB STOP
CURB STOP AND BOX
I
SEE DETAILS
A do B BELOW
WATER MAIN 6.5' MIN. COVER
WATER SERVICE LINE STUB
1 (SEE C.O.B. STANDARD WATER SERVICE UNE—�
I DRAWING 02660-6) INSTALLED BY CUSTOMER (SERVICE
APPLICATION do PLUMBING PERMIT REQUIRED)
INOTE: METER SIZED SAME AS INCOMING LINE—NO EXCEPTIONS.
FOUNDATION BACKFLOW PREVENTION ASSEMBLY
I WALL (AS REQUIRED) 1'MIN./2' MAX
SERVICE LINE ANGLE STOP
BACKFLOW PREVENTION
f r--1' NI ./2' MAX TO DOMESTIC METER` ASSEMBLY (AS REQUIRED)
EX'TURRES FOUNDATION
WALL FIXTURES
DOMESTIC
- ` � �� Fl7CyURES
DOWNSTREAM 4: \
,• SHUTOFF •• DOWNSTREAM
1' MIN., '
SHUTOFF
2' MAX METERS 1' MIN.
FLOOR
ANGLE STOP OR
STRAIGHT STOP
*METER SAME SIZE AS INCOMING LINE—NO EXCEPTIONS, METER MUST
CONNECT
ACK LOW DIRECTLY
TO ANGLE OR STRAIGHT STOP AND QUARTER—BEND COUPLING
DEVICE (1 1/2' do 2' SERVICES ONLY)
**DOWNSTREAM SHUT OFF VALVE MUST
BE SEPARATE FROM BACKFLOW DEVICE DETAIL B
DETAIL A TYPICAL FLOOR PENETRATION (N,T.S.)
TYPICAL WALL PENETRATION (N.T.S.) (CRAWL SPACE)
INSTALLATION REQUIREMENTS:
1. WATER SERVICE LINE INSTALLATIONS SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF BOZEMAN WATER SUPERINTENDANT.
2. SERVICE LINES SHALL BE TYPE K COPPER FOR 3/4% 1'. 1 1/2'. AND 2' SERVICES. SEE STANDARD DRAWING NO. 02660-12
FOR 4" AND LARGER DOMESTIC SERVICE LINES. SERVICE LINES BETWEEN 2' AND 4"ARE NOT ALLOWED.
3. STRAIGHT COPPER TUBING SHALL BE USED FOR 1 1/2' AND 2" SERVICES.
4. SERVICE LINES SHALL BE BEDDED 3" UNDER AND OVER THE PIPE WITH SAND. NATIVE MATERIAL MAY BE USED AS BEDDING IF IT
CONFORMS TO THE REQUIREMENTS OF MONTANA PUBLIC WORKS STANDARD DRAWING 02221-2 AND DOES NOT CONTAIN ANY MATERIAL
LARGER THAN 3/4'.
5. PROVIDE FLEXIBLE, WATER TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATIONS.
6. METERS SHALL BE INSTALLED BY THE CITY WATER DEPARTMENT AT CUSTOMERS' EXPENSE.
7. NO SERVICE LINE SHALL BE BACKFILLED UNTIL IT HAS BEEN INSPECTED AND APPROVED BY THE WATER DEPARTMENT.
i 6. CONTACT CITY OF BOZEMAN WATER DEPARTMENT FOR APPROVED LIST OF COPPER CONNECTIONS.
9. WATER SERVICE LINE MAY BE REDUCED TO A SMALLER SIZE THAN THE WATER SERVICE STUB. REDUCTION MUST BE
MADE WITHIN 16" OF CURB STOP.
10. METER, BACKFLOW PROTECTION,AND INCOMING SERVICE LINE MUST ALL BE THE SAME SIZE.
i WATER SERVICE LINE
CITY OF BOZEMAN SCALE: NO. 02660-15
STANDARD DRAWING
NONE FROM CURB STOP TO BUILDING Dec. 2003
I (LINES 2" AND SMALLER) Rev. April 2006
I �
i I
60' R.O.W.—
Cl)
WATER ao' (TMa•)
SEWER h h
b
y
O O
w
3 PROPERTY
LINE
1. WATER MAINS LOCATED 19' FROM THE NORTH OR WEST RIGHT—OF—WAY PROPERTY LINE FOR STREETS 35'
IN WIDTH OR GREATER. WATER MAINS LOCATED 5.5' WEST OR NORTH OF STREET CENTERLINE FOR STREETS
LESS THAN 35' IN WIDTH (BACK OF CURB—BACK OF CURB)
2. WATER SERVICE STUB LOCATED AT CENTER OF LOT; SEE C.O.B. STANDARD DRAWING NO. 02660-6 FOR DETAILS.
3. WATER MAIN VALVES LOCATED AT PROPERTY LINE.
4. SEWER MAINS LOCATED ON STREET CENTERLINE FOR STREETS 35' IN WIDTH OR GREATER. SEWER MAINS
LOCATED 5.5' EAST OR SOUTH OF STREET CENTERLINE FOR STREETS LESS THAN 35' IN WIDTH
5. SEWER SERVICE STUB LOCATED 15' UPSTREAM FROM DOWNSTREAM PROPERTY LINE.
6. WATER & SEWER MAIN CROSSING; SEE M.P.W. STANDARD DRAWING NO. 02660-2 FOR DETAILS.
7. HYDRANTS LOCATED 5' FROM VALVE OR ON PROPERTY LINES EXTENDED FOR MID—BLOCK LOCATIONS.
CITY OF BOZEMAN SCALE: WATER & SEWER MAIN AND NO. 02660-16
STANDARD DRAWING NONE SERVICES LOCATION Dec. 2003
STANDARDS
FINISHED
WALLS
FINISHED WALLS
Of 0
DOWNSTREAM
SHUTOFF
DOWNSTREAM BACKFLOW DEVICE
Z SHUTOFF
BACKFLOW DEVICE iv METER
ANGLE STOP
`D METER
< >t ANGLE STOP
12" MIN CLEAR
6" MIN CLEAR
I
/4" AND 1" COPPER SERVICES 1 1/2" AND 2" COPPER SERVICES
PLAN VIEW PLAN VIEW
FINISHED WALL
F- FINISHED WALL
J
J U
U Z
N
BANGLE STOP ANGLE STOP
FINISHED FINISHED
T"2
MIN FLOOR 1' MIN FLOOR
MAX 2' MAX
SERVICE PIPE SERVICE PIPE
3/4" AND 1" COPPER SERVICES 1 1/2" AND 2" COPPER SERVICES
PROFILE VIEW PROFILE VIEW
NOTE: PROVIDE FLEXIBLE, WATER-TIGHT SEAL FOR ALL FLOOR PENETRATIONS
CITY OF BOZEMAN SCALE: WATER SERVICE NO. 02660-17
STANDARD DRAWING NONE INTERIOR CLEARANCES APRIL 2005
INLET CASTING
NEENAH R-3067—L,
4" MINIMUM, EJIW 7030, OR
7" MAXIMUM DEETER 2047L, OR
OPENING D & L 1-3517
5/8" SMOOTH ROD
CENTERED IN OPENING
(EXCEPT FOR EJIW 7030)
FLAT TOP 6" �'. 24" SQUARE
LL OPENING
d
• e
36" R.C.P.
ASTM C-76 °
CLASS 2
e
• W
BLOCK OUT FOR w
INLET PIPE ^ ui
a
a
TTII a
9" SUMP
' e
s n.
4" 6" PRECAST BASE
44" O.D.
CITY OF BOZEMAN SCALE; 36" STANDARD NO, 02720-1
STANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003
Rev. March 2006
�-- 5' —�
INLET CASTING
NEENAH R-3067-L,
DEEWTER 2d470L, OR
D & L I-3517
TRANSITION CURB & GUTTER '
TO MATCH INLET CASTING
(TYPICAL FOR ALL INLETS)
. �• PRECAST CONCRETE,
M-3000 OR C-3000
VARIABLE (3' MIN.) .•�,. ;�%
3'-0" NO. 4 BARS AT 12" CENTERS
r MAX., SPACED EQUALLY
Y 6" (TYP.)
FRONT VIEW
4" MINIMUM, 7" MAXIMUM OPENING
I 5/8" SMOOTH ROD
-* CENTERED IN OPENING
(EXCEPT FOR EJIW 7030)
I 1" MAX OFFSET ALLOWED FOR
` CASTING BACK PIECE ADJUSTMENT
VARIABLE
I
CURB AND GUTTER TO BE WARPED
TO MATCH INLET.
WILL
RS
BLOCK OUT FOR '' DESIGNEDETAILS TO FITPROVIDE
SPECIIFIC ADDITIONAL
OUTLET PIPE CONDITIONS.
12" RCP (Typ.)
SIDE VIEW
I
CITY OF BOZEMAN SCALE: STANDARD SQUARE NO. 02720-1A
ISTANDARD DRAWING NONE STORM DRAIN INLET Dec. 2003
Rev MAR 2006
l
1
4" MINIMUM, 7" MAXIMUM OPENING
5V8" 'o ur "'i
%[A SMOOTH INLET CASTING
ROD ENTE ED IN OPENING lol� NEENAH R-3067—L,
(EXCEPT FOR EJIW 7030) EJIW 7030,
6" FLAT DEETER 2047L, OR
SLAB COVER D & L 1-3517
�--2-4..........
OPENING
4' DIA. PRECAST REINFORCED CONCRETE
MANHOLE AND BASE, AS PER
STANDARD DRAWING NO. 02720-4
9 MIN.
,f
.4L.. 4p,
ONE EXTRA BAR IN BOTTOM
(ALL SIDES)
24'
FLAT SLA13 COVER
REINFORCEMENT AS PER
36" STANDARD DRAWING 02720-6
CITY OF BOZEMAN SCALE: COMBINATION MANHOLE AND NO. 02720-113
STANDARD DRAWING NONE CURB INLET DEC.2003
REV: MAR. 2006
Frame and cover to be either D&L A-1172 ring with A-1178 cover,
EJIW 3771/ 3772 series, or approved equal.
Covers shall have two 1" pick holes.
Adjustable rings, :. NOTE: All joints between manhole sections, manhole ring &
2" min., 12" max. top section, and around sewer pipe into manhole shall be
• watertight. Jointing material shall be "Ram—Nek" or equal
for all joints except between sewer pipe and manhole wall.
2'-0'---J
Precast reinforced concrete manhole riser
and eccentric cone top manufactured in
Mahole steps at accordance with ASTM designation C-478.
16" centers
rout invert to springline
of pipe if gap between
pipe and channel is
+ greater than 1/8rl
".
Pre—cost channel i
flowline
i Top of pipe may
`• .:r% �, not extend post
1
Variable a 4'-0" inside wall of(min.)
manhole. If
o 3-0
a Shelf—sloe 1" per foo necessary top
o "de
half of pipe may
E a m be trimmed off
N a Flexible gasketed joint (typical smooth. (8"
for precast bases — see detail) diameter only)
C
Precast or poured—in—place base.
#4 bars — 1'-0" c—c Poured—in—place base, minimum
concrete thickness below pipe is
5'-4" dia. 8 inches. Precast base, minimum
(min.) thickness is 6 inches. All bases
reinforced as shown.
Radius of
manhole
Slope at 1" per foot,
Channel to full
pipe depth
NOTE: Storm drain manholes shall
4 :•' not have formed channels and the
Dia. of •., lowest pipe invert shall be 9" higher
sewer
• than bottom of manhole.
pipe .:�:•t''
SECTION A—A
CITY OF BOZEMAN SCALE: SANITARY SEWER AND NO. 02720-3
STANDARD DRAWING NONE STORM DRAIN MANHOLE DEC. 2003
Rev. MAR 2017
Standard casting & cover Frame and cover to be either D & L A-1172 ring with A-1178 Cover,
EJIW 3371/ 3772 series,, or approved equal.
Covers shall have two 1 pick holes.
� Flat slab cover
Adjustable rings,
2" min., 12" max.
' NOTE: All joints between manhole sections,
• manhole ring & top section, and around
• sewer pipe into manhole shall be water-
24" or J tight. Jointing material shall be "Ram—Nek"
27" Opening or equal for all joints except between
M P g sewer pipe and manhole wall.
N
M °
N Manhole steps at
0
c 16" centers
0 3 Precast reinforced concrete manhole riser
a- • and cover manufactured in accordance
in with ASTM designation C-478.
L a
0) a]
a
y O
a 4o As required
0
> '
E ° Cutouts as required
a
O °
Q M 9
IT
O
0
� T
a
y •d
N •
v
A
Channel = dia. of pipe
A
Precast or poured—in—place base.
Poured—in—place base, minimum
Radius of concrete thickness below pipe is
manhole 8 inches. Precast base, minimum
Slope at 1'per foot
Channel to full thickness is 6 inches.
pipe dam•
NOTE: Storm drain manholes shall
Dia. of sewe� r pipe ,
4. �� •. � not have formed channels and the
• lowest pipe invert shall be 9" higher
than bottom of manhole.
SECTION A—A
CITY OF BOZEMAN SCALE: STANDARD STRAIGHT NO. 02720-4
STANDARD DRAWING NONE MANHOLE DEC. 2003
REV: MAR 2006
GREEN STEEL POST
AT END OF SERVICE
PROPERTY
LINE OR
EASEMENT
LINE
5 1/2' BOULEVARD
(TYP.) 4'
STREET SURFACE 5' SIDEWALK GROUND SURFACE
(TYP.)
• 1 COMPACTED BACKFILL 2.5'
(NP•) (SEE SPECS.)
11.5' 8'
(TYP.) (TYPICAL EXCEPT IN SPECIAL
CIRCUMSTANCES WHERE CITY HAS
APPROVED ALTERNATE LOCATIONS)
2" X2"
WOOD
SERVICE LINE. SLOPE = 1/4" MARKER
45' ELBOW- PER FOOT MIN., 1/2" PER FOOT
MAX.
SEWER MAIN
\\-
IN LINE WYE FITTING FOR PLUG
NEW INSTALLATIONS.
SADDLE FITTINGS ALLOWED
FOR EXISTING INSTALLATIONS
ONLY UPON APPROVAL OF
CITY OF BOZEMAN SEWER
DEPARTMENT.
SERVICE INVERT NO
LOWER THAN SPRING
LINE OF SEWER MAIN
FOR WYE FITTINGS.
l
CITY OF BOZEMAN SCALE: SANITARY SEWER NO. 02730-2
STANDARD DRAWING NONE SERVICE LINE DEC. 2003
GREEN STEEL POST
AT END OF SERVICE
PROPERTY
LINE OR
EASEMENT
5 1/2' BOULEVARD LINE
(TYP.) 4'
STREET SURFACE 5' SIDEWALK GROUND SURFACE
(TYP.)
1,
(TYP.) (SEE
BACKFILL �5.
(SEE SPECS.)
11.5' g'
(TYP.) (TYPICAL EXCEPT IN SPECIAL
CIRCUMSTANCES WHERE CITY HAS
APPROVED ALTERNATE LOCATIONS)
2" X 2"
WOOD
MARKER
SERVICE LINE. SLOPE = 1/4"
PER FOOT MIN., 1/2" PER FOOT
MAX.
PLUG
45' ELBOW
45' BEND DUCTILE IRON
SEWER FITTINGS.
SDR 26 PVC PIPE
NOTES:
SEWER MAIN 1. THIS INSTALLATION MAY BE USED IF DEPTH OF
COVER AT STUB END WILL EXCEED 6.5' WITH
STANDARD INSTALLATION (PER STANDARD DRAWING
02730-2)
2. MIN. DEPTH OF COVER SHALL BE 5' AT END OF
SERVICE STUB. ENGINEER SHALL BE RESPONSIBLE
FOR DETERMINING REQUIRED ELEVATION OF STUB.
3. DUCTILE IRON FITTINGS SHALL BE HARCO
GASKET X GASKET OR APPROVED EQUAL.
CITY OF BOZEMAN SCALE: DEEP SANITARY SEWER NO. 02730-3
STANDARD DRAWING NONE SERVICE LINE OCT. 2014
Standard casting & cover Frame and cover to be either D & L A-1172 ring with A-1178
cover, EJIW 3771/ 3772 series, or approved equal.
Covers shall have two 1" pick holes.
Flat slab cover
Adjustable rings,
2" min., 12" max.
NOTE: All joints between manhole sections,
24" manhole ring and top section, and around
Opening sewer pipe into manhole shall be watertight.
Jointing material shall be "Ram—Nek" or
q equal for all joints except between sewer
u7i pipe and manhole wall.
N
N
N Manhole steps at
c 16" centers Precast reinforced concrete manhole riser
a and cover manufactured in accordance
with ASTM designation C-478.
N
a
t -
r
Co As required
(60" min.)
a) o
� U
0'_
o Flexible gasketed joint
> Gasketed Tee
pi C
C E B B
N
N
v o
a) m
0
� o
Pipe restraint (typ.)
Q tU
a�
Gasketed 90' elbow cast into base
Channel = dia. of pip
A
Precast or poured—in—place base.
Poured—in—place base, minimum
concrete thickness below pipe is
8 inches. Precast base, minimum
thickness is 6 inches.
Stainless steel
Radius of all—thread rod,
manhole 1/2" 0
Slope at 1" per foot. Sewer pipe
Channel to full
pipe depth.
Manhole wall
Epoxy grout rods
Dia. of sewer pipe Stainless steel 3" into wall
pipe clamp
SECTION A—A SECTION B—B
CITY OF BOZEMAN SCALE: STANDARD DROP NO. 02730-5
STANDARD DRAWING NONE MANHOLE DEC. 2003
Rev. March 2006
FLAT BLADE
STREET NAME REGULATORY SIGN BLANK AS PER
SIGN BLANKS MUTCD STANDARDS, SIZE AS
MOUNTED BACK TO SEE SECTION SPECIFIED ON PLANS
BACK ON P05T 09810 2.2 FOR
SIGN SIZES
A
2 MIN.
2=--►I
MIN.
1 D' 2" PREFORATED
SQUARE TUBE POST
(TELSPAR OR
APPROVED EQUAL) 7' MIN.
ATTACH SIGNS TO POST WITH %" DRIVE RIVETS (MIN. 2 PER
SIGN)
STREET MARKER SIGN REGULATORY SIGN
2" PREFORATED SQUARE TUBE
o POST (14 GAUGE)
o FASTEN POST TO SLEEVE WITH �&" CORNER BOLT
FINISH GRADE 2" o (A325) 1 Yi" ABOVE FINISH GRAGE. INSERT BOLT
o HEAD FROM OPPOSITE SIDE OF EXPECTED IMPACT.
INSERT DRIVE RIVET INTO OPPOSITE SIDE.
14"
�. 2 4" X 30" 12 GAUGE NON—PREFORATED
SQUARE TUBE SIGN POST SLEEVE (TELSPAR
"QUIK PUNCH" OR APPROVED EQUAL)
ALL SLEEVES AND SIGN 24"
POSTS SHALL BE INSTALLED INSERT SIGN POST 18" INTO SLEEVE
PLUMB.
r M-4000 CONCRETE ANCHOR
SIGN POST FOUNDATION DETAIL
CITY OF BOZEMAN SCALE: SIGN INSTALLATION NO. 09810-1
STANDARD DRAWING NONE STANDARDS AUG. 1994
Revised 6/2002
I
CROSSWALK �
lSTREET
9'TYP. MARKER
ISIGN
I
I
5'
l
I
2' MIN CLEARANCE FROM
FACE OF CURB TO EDGE
OF SIGN
CITY OF BOZEMAN SCALE: TYPICAL STREET No. 09810-4
STANDARD DRAWING NONE MARKER SIGN Sept. 2002
LOCATION
I
i