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HomeMy WebLinkAbout22- Construction Agreement - Planned and Engineered Construction - Stormwater Pipe Rehabilitation Project July 2022 2022-23 Stormwater Improvements S. Tracy Ave. / Cleveland St. Gravity Main ID: M.F06.00158_M.F06.00154 Contract Documents, Construction Specifications, and Plans Prepared By: City of Bozeman Stormwater Division 7 East Beall St Suite 100 Bozeman, MT 59715 Ph. (406) 582-2937 www.bozeman.net/stormwater DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 001 INVITATION TO SUBMIT QUOTE Page 1 of 2 INVITATION TO SUBMIT QUOTE 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St. The City of Bozeman, Montana, hereby gives notice that it is accepting quotes for the: 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St. The City of Bozeman will receive quotes for the construction of the aforementioned project at the office of the Stormwater Division at 7 East Beall St, Suite 100, Bozeman, Montana 59715 until 5:00 p.m., local time, August 1, 2022. City of Bozeman Physical Address: Stormwater Division, 7 East Beall St, Suite 100, Bozeman, Montana 59715 City of Bozeman Mailing Address: Stormwater Division, Professional Building, P.O. Box 1230, Bozeman, Montana 59771-1230 Quote Acceptance Deadline: The City of Bozeman must receive quotes before 5:00 p.m., August 1, 2022. Stormwater Division staff will review quotes and award the project directly after the end of the submittal period. Contractors must submit original copies. The City of Bozeman will not accept faxed or electronic quotes. General Project Information: Installation of a Cure-In-Place Pipe liner in an 18” vitrified clay tile pipe bewteen S. Tracy and S. Black (near E. Cleveland Drive), including supplying and installing the liner, video inspection and logging, traffic control, clean-up and all other items incidental to construction. Contract Documents, Construction Specifications, and Plans: The Stormwater Division shall provide Contractors with a set of the compiled documents. Montana Department of Labor and Industry Registration Requirements: The Contractor and any subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect Avenue, Helena, Montana 59604-8011. Contractors can receive information regarding registration by calling 1-406-444-7734. The Contractor is not required to have registered with the DLI before submitting a quote for this project but must have registered before the execution of the Construction Agreement. Prevailing Wage Requirements: All laborers and mechanics employed by the Contractor or subcontractors in the performance of the construction work shall be paid wages at rates as required by the laws of the state of Montana. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 001 INVITATION TO SUBMIT QUOTE Page 2 of 2 Non Discrimination Requirements: Discrimination in the performance of any contract awarded under this invitation on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and all subcontracts. Every entity submitting under this invitation must sign and return the required affirmation. Submittal Requirements: The Stormwater Division does not require a Bid Bond for this project; however, the successful Contractor 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. The successful Contractor shall provide Certificate(s) of Insurance. City of Bozeman Rejection Rights: The Stormwater Division reserves the right to reject any or all quotes received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible quote, which is in the best interest of the City of Bozeman. Equal Opportunity Employer Requirement: The Contractor is required to be an Equal Opportunity Employer (EOE). DATED at Bozeman, Montana, this 14th day of July, 2022. Russell Smith Stormwater Project Coordinator, City of Bozeman DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 002 INSTRUCTIONS FOR CONTRACTORS Page 2 of 9 Signature of Contractor: The Contractor must sign each quote in ink and include their full name and business address or place of residence. In the case of a firm or partnership, each member must insert their name and business address or place of residence. In the case where the Contractor submits a quote on behalf of a corporation, the City of Bozeman requires the signatory of such corporation to be an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The quote of a corporation signed by a person other than a corporate officer shall include a Power of Attorney showing that person's authority. Quote Totals: No Contractor may submit more than one quote. The City of Bozeman will not receive two quotes under different names from one firm or association. Responsibilities of Agent: The City of Bozeman may require any person signing a quote as the agent of another, or of others, to submit satisfactory evidence of this authority to do so. Qualifications of Contractor: The City of Bozeman may request that the Contractor submit satisfactory evidence that they have practical knowledge of the particular work quoted upon and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible Contractor, the City of Bozeman will consider the following elements: 1. Whether the Contractor involved maintains a permanent place of business. 2. Whether the Contractor involved has adequate plant and equipment to do the work properly and expeditiously. 3. Whether the Contractor involved has a suitable financial status to meet obligations incident to work. 4. Whether the Contractor involved has appropriate technical experience. The City of Bozeman may require each Contractor to show that former work performed was done in such a manner that there are no just or proper claims pending against such work. No Contractor will be accepted if they are engaged in any other work which impairs their ability to finance the Contract. The Contractor shall demonstrate their competence by meeting all requirements herein stipulated if requested. Contract Documents: The City of Bozeman intends that the Montana Public Works Standard Specification, 6th Edition (MPWSS), be used to govern the contractual and performance aspects of this project. The City of Bozeman hereby DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 002 INSTRUCTIONS FOR CONTRACTORS Page 3 of 9 incorporates the MPWSS as part of these Contract Documents, as modified by the City of Bozeman MPWSS (COB MODS), dated March 31, 2011, including all Addenda which are also hereby incorporated as part of these Contract Documents, and as further modified herein by the City of Bozeman. The Contractor shall utilize all standard forms of MPWSS while executing these Contract Documents unless otherwise noted or revised in the bound Contract Documents. Selected sections of the MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, to assist the Contractor in preparation of their quote. The City of Bozeman makes the complete Contract Documents apart hereof, which consist of the following: 1. Invitation to Submit Quote 2. Instructions for Contractors 3. Non-Discrimination Affirmation Form 4. Agreement Form 5. Payment Bond 6. Performance Bond 7. Standard General Conditions of the Construction Contact 8. Supplementary Conditions of the General Conditions: Section 00810 9. Montana Prevailing Wage Rates 10. Special Provisions 11. Measurement and Payment 12. Standard Drawings-CoB Traffic Control 13. Summary of Work 14. Site and Specifications 15. Quote Form 16. Claim Form-State 17. Claim Form 18. Appendix A – Construction Drawings Examination of Contract Documents and Site: Before submitting a quote, each Contractor must: 1. Examine the Contract Documents thoroughly 2. Visit the site to familiarize themselves with location conditions that may in any manner affect cost, progress or performance of the work 3. Familiarize themselves with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 002 INSTRUCTIONS FOR CONTRACTORS Page 4 of 9 4. Study and carefully correlate observations with the Contract Documents Any Contractor may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting a quote, each Contractor will, at their own expense, make such additional investigations and tests as the Contractor may deem necessary to determine their quote for the performance of the work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, the City of Bozeman will provide each Contractor access to the site to conduct such investigations and tests as each Contractor deems necessary for submission of their quote. Any administrative requirements and associated costs of such studies are the responsibility of the Contractor. The lands upon which the work is to be performed, rights-of-way for access thereto and other lands designated for use by the Contractor in performing the work are identified in the specifications or on the plan set. The submission of a quote will constitute an incontrovertible representation by the Contractor that they have complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the work. Where logs of test borings are included in the Contract Documents, it is agreed that such logs do not constitute a part of the Contract and are included only for the convenience of the Contractor and do not relieve them of their duties under this section or any other responsibility under the Contract. No information derived from any inspection of records of investigation or compilation thereof made by the City of Bozeman will in any way relieve the Contractor from properly performing their obligations under the Contract. Underground Utilities: The location of underground utilities as shown on the drawings is approximate, and the City of Bozeman assumes no responsibility for determining their exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location may or may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. Interpretation of Contract Documents: If any person contemplating submitting a quote for the proposed Contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, they may submit to the City of Bozeman a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by an Addendum duly issued, and the City of Bozeman will electronically mail a copy of any such DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 002 INSTRUCTIONS FOR CONTRACTORS Page 5 of 9 Addendum to each person receiving a set of such documents. Time of Completion: The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Contractor satisfies the City of Bozeman of their ability to complete the work within the stipulated time. The number of days within which or the dates by which, the work is to be substantially completed are set forth in the Quote Form and the Agreement Form. Liquidated Damages: Provisions for liquidated damages are set forth in the Agreement Form. Addenda: Any Addenda issued during the time of quote submittal, or forming a part of the Contract Documents loaned to the Contractor for the preparation of their quote, shall be covered in the quote and shall be made a part of the Contract Documents. The Contractor shall acknowledge receipt of each Addendum in the quote. The City of Bozeman will consider incomplete and not consider any quote in which all issued Addenda are not acknowledged. Quote Requirements: The City of Bozeman expects the Contractor to base their quote on materials and equipment complying fully with the plans and specifications and, in the event, they name in their quote materials or equipment which do not conform, they will be responsible for furnishing materials and equipment which fully conform at no charge in their quote price. Before submitting a quote, each Contractor should read the complete Contract Documents (including all Addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful Contractor but also to their subcontractors. Quote Quantities: The Contractor must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under the Contract Documents are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the quotes offered for the work. The Contractor agrees that, during progress of the work, the City of Bozeman may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under the Contract Documents shall be the actual amount of work done and the materials furnished. The Contractor agrees that they will not claim damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work done and the estimated quantities. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 002 INSTRUCTIONS FOR CONTRACTORS Page 6 of 9 Modifications and Withdrawal of Quotes: A quote may be modified or withdrawn by an appropriate document duly executed in the manner that a quote must be executed and delivered to the place where quotes are to be submitted prior to the date and time for the opening of quotes, as called for in the Invitation to Submit Quote. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the quote. If, within twenty-four (24) hours after quotes are opened, any Contractor files a duly signed written notice with the City of Bozeman and promptly thereafter demonstrates to the reasonable satisfaction of the City of Bozeman that there was a material and substantial mistake in the preparation of its quote, that Contractor may withdraw its quote. Thereafter, if the work is readvertised or negotiated, that Contractor will be disqualified from further quoting on the work. Acceptance and Rejection of Quotes: The City of Bozeman reserves the right to accept or reject the quotes, or portions of quotes, and to award more than one quote or schedule for the same quote if any of the aforementioned combinations of quotes or schedules will be in the best interest of the City of Bozeman. The City of Bozeman reserves the right to waive irregularities in any quote submitted, or reject nonconforming, non-responsive or conditional quotes and to correct arithmetical errors in the quote prior to comparison. Subcontractors: Within seven days after the City of Bozeman opens quotes, the apparent successful Contractor, and any other Contractor so requested, shall submit a list of subcontractors they expect to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor if requested by the City of Bozeman. If the City of Bozeman, Engineer, or Project Manager after a due investigation has a reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent successful Contractor to submit an acceptable substitute. If the substitution results in an increase in the quote, a corresponding adjustment will be made in the Contract price. If the apparent successful Contractor declines to make any such substitution, the Contract may not be awarded to such Contractor. Any subcontractor so listed and to whom the City of Bozeman does not make written objection prior to the giving of the Notice of Award will be deemed acceptable. The Contractor shall not be required to employ any subcontractor against whom they have a reasonable objection. The use of subcontractors listed by the Contractor and accepted by the City of Bozeman prior to the Notice of Award will be required in the performance of the work. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 002 INSTRUCTIONS FOR CONTRACTORS Page 7 of 9 Award of Contract: The City of Bozeman reserves the right to reject any or all quotes, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional quotes. The City of Bozeman further reserves the right to reject the quote of any Contractor whom it finds, after reasonable inquiry and evaluation, to be non-responsible. The City of Bozeman may also reject the quote of any Contractor if the City of Bozeman believes that it would not be in the best interest of the project to make an award to that Contractor, whether because quote is not responsive, or the Contractor is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the City of Bozeman. The City of Bozeman also reserves the right to waive all informalities not involving price, time, or changes in the work and to negotiate Contract terms with the successful Contractor. In evaluating quotes, the City of Bozeman will consider whether or not the quotes comply with the prescribed requirements, and such alternatives, unit prices, and other data, as may be requested in the Quote Form or prior to the Notice of Award. In evaluating Contractors, the City of Bozeman will consider the qualifications of the Contractor and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the work for which the identity of subcontractors, suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. The City of Bozeman may conduct such investigations as they deem necessary to establish the responsibility, qualifications, and financial ability of the Contractor, proposed subcontractors, suppliers, individuals, or entities to perform the work in accordance with the Contract Documents. If the Contract is to be awarded, the City of Bozeman will award the Contract to the Contractor whose quote is in the best interests of the project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, price, and other appropriate factors. If the Contract is to be awarded, the City of Bozeman will give the successful Contractor a Notice of Award within sixty (60) days after the day of the quote opening. The City of Bozeman reserves the right to cancel the award of any Contract at any time before the complete execution of said Agreement Form by all parties without any liability. If at any time this Contract is to be awarded, the total of the lowest acceptable quote exceeds the funds then estimated by the City of Bozeman as available, they may reject all quotes or take such other action as best serves the City of Bozeman’s interests. Cancellation of Award: The City of Bozeman reserves the right to cancel the award of any Contract at any time before the complete execution of the Contract by all parties without any liability. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 002 INSTRUCTIONS FOR CONTRACTORS Page 8 of 9 Performance and Payment of Bonds: The Contractor to whom the Contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor of the City of Bozeman each in an amount equal to one-hundred percent (100%) of the Agreement Form amount. The bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the City of Bozeman and countersigned by a Montana Resident Agent. With the bonds, there shall be filed with the City of Bozeman one copy of Power of Attorney certified to include the date of the bond. Execution and Approval of Agreement Form: The Agreement Form shall be signed by the successful Contractor and returned, together with the Contract bonds, within the time shown on the Quote Form. If the Agreement Form is not executed by the City of Bozeman within fifteen (15) days following receipt from the Contractor of the signed Agreement Form and bonds, the Contractor shall have the right to withdraw their quote without penalty. No Agreement Form shall be considered as effective until it has been fully executed by all of the parties thereto. Failure to Execute Agreement Form: Failure to execute the Agreement Form and furnish a Performance Bond and Payment Bond shall just cause for annulment of the award. The award may then be made to the next lowest responsible and qualified Contractor, or the work may be re-advertised as the City of Bozeman may decide. Payments: Payment for all work performed under this Agreement Form will be made by the City of Bozeman within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This Contract allows the City of Bozeman to make payment within 21 days after approval of the payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement Form. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. Prevailing Wage Rates: On all projects and contracts with the City of Bozeman, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 002 INSTRUCTIONS FOR CONTRACTORS Page 9 of 9 herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this Contract within this area. Posting: The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. Local Labor: The Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. Montana Contractor Registration Requirements: The Contractor and any subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694). Additional Contractor License Fee (Montana Contractors Gross Receipt Tax): In accordance with Title 15, Chapter 50, MCA, the City of Bozeman shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due to the Contractor and shall transmit such money to the Montana Department of Revenue. Contractor Preference: In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, preference will be given to the lowest responsible Contractor who is a resident of the State of Montana over a nonresident Contractor from any state or country that enforces a preference in their state or country for their resident Contractors. The preference given to Montana resident Contractor will be equal to the preference given in the other state or country. This preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 1 of 11 AGREEMENT FORM 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St. THIS AGREEMENT is dated as of the_____day of ________ in the year 2022, by and between CITY OF BOZEMAN, hereinafter called OWNER, and ____________________, hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project Work is generally described as follows: Installation of a Cure-In-Place Pipe liner in an 18” vitrified clay tile pipe bewteen S. Tracy and S. Black (near E. Cleveland Drive), including supplying and installing the liner, video inspection and logging, traffic control, clean-up and all other items incidental to construction. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 25 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five-hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. 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 ____________________ Dollars ($___________). DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 2 of 11 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 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 they deem necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 3 of 11 6.4 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, or discrepancies that they have discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.5 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of Work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR’S employees and to all subcontracts it enters into in performance of the agreement with the City of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement 7.2 Certificates of Insurance and Performance and Payment Bonds 7.3 Montana Public Works Standard Specifications (MPWSS), Sixth Edition, and as further amended by the City of Bozeman Modifications to MPWSS (by reference) 7.4 Notice to Proceed 7.5 Plans and Specifications 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. GENERAL REQUIREMENTS. 8.1 CONTRACTOR Use of Premises. The CONTRACTOR shall confine his operations at site of the proposed work to within the right-of-way or construction easements provided. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall be made against the OWNER by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the OWNER to the sites occupied by these stored materials and equipment, the CONTRACTOR owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property OWNER has agreed in writing to the location contemplated by the CONTRACTOR to be used for storage. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 4 of 11 8.2 Protection of Existing Structures. The CONTRACTOR shall be solely responsible for locating all existing underground installations, including service connections, in advance of excavating or trenching, by contacting the OWNERS thereof and prospecting. The CONTRACTOR shall use his own information and shall not rely solely upon information shown on the drawings concerning existing underground installations. The CONTRACTOR shall repair all damage to existing utilities or property at his own expense. The CONTRACTOR shall, at a minimum, call the "One-Call" utility locate system (Phone: 1-800- 424-5555) at least 72 hours in advance of starting construction. Where excavation will be required adjacent to existing structures, the CONTRACTOR shall be solely responsible to maintain the structural integrity of the existing structures. The CONTRACTOR shall take whatever means necessary to insure that the existing structure is not damaged and if necessary shall install sheet piling. The CONTRACTOR shall repair all damage to the existing structures at his own expense. Any fences destroyed during construction shall be repaired to the satisfaction of the property owner. Any delay, additional work, or extra cost to the CONTRACTOR caused by existing underground installations shall not constitute a claim for extra work, additional payment or damages. 8.3 Protection of Existing Mailboxes, Curbs and Gutters and Driveways, etc. The CONTRACTOR shall take whatever means necessary to insure that the existing mailboxes, curbs and gutters and driveways, and other public or private improvements are not damaged during construction. If it is necessary to remove or disturb mailboxes during construction, the CONTRACTOR shall repair and restore the mailboxes at his own expense to the satisfaction of the property owner. Any curb, gutter, or driveways damaged during construction, not noted to be replaced on the drawings, shall be replaced by the CONTRACTOR at his own expense. 8.4 Surface Drainage: Water from such sources as surface runoff, dewatering and flushing of water lines during project construction shall not be allowed to enter into drainage ways or open areas that will cause flooding of existing structures, street intersections, or lawn areas. 8.5 Work Sequence: The CONTRACTOR shall schedule the work to minimize inconvenience to the OWNER and to adjacent property owners and to minimize interruptions to utility service. This shall include minimizing obstruction to local traffic especially on dead end streets. Work shall be scheduled so as to minimize disruptions to local mail delivery. Close coordination will be required between the CONTRACTOR, OWNER, and COUNTY. The utility service companies such as power, gas, telephone, and video shall be contacted at least 72 hours in advance of when locating of services will be required. 8.6 CONTRACTOR shall install and maintain proper barriers for the protection of all existing trees on site. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 5 of 11 Article 9. Warranty and Guarantee. 9.1 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 form 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. 9.2 CONTRACTOR warrants and guarantees to OWNER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in the Montana Public Works Standard Specification, Sixth Edition (MPWSS). 9.3 CONTRACTOR is exempt from warranty should damage to the installed plant materials occur due to vandalism, City employees or rodents within the two year warranty period after acceptance of work by the OWNER. Article 10. Traffic Control. 10.1 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 and walks, the CONTRACTOR shall obtain approval of such actions from the appropriate road agency and shall provide and maintain suitable and safe lighted detours or other temporary expedients for the accommodation of public and private travel in accordance with the current edition of the Manual on Uniform Control Devices for Streets and Highways (MUTCD). The CONTRACTOR shall not occupy the work site or initiate construction until all traffic control provisions are in place and the OWNER has been so notified. 10.2 Safety Provisions. Safety provisions must be entirely adequate and meet with City, County, State and Federal regulations to protect the public on these streets and roads. 10.3 Barricades and Lights. Prior to the start of construction across roads or walks, all construction permits shall be obtained, utility companies notified, and traffic patterns, signing, location of flagmen, barricades and other safety measures arranged. Providing and maintaining safety barricades, and other work site safety measures shall be the responsibility of the CONTRACTOR and shall be included in the contract price. The CONTRACTOR shall cooperate and coordinate his methods with the OWNER'S traffic control plans prior to the disruption of the normal flow of any traffic. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 6 of 11 such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be provided with similar warning signs and lights. All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements and, where within railroad and highway right-of-way, as required by the authority having jurisdiction thereover. Work performed within property under the OWNER'S jurisdiction shall have all barricades, signs, lights and protective devices installed and maintained. Article 11. STATE LAWS AND REGULATIONS. 11.1 All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. 11.1.1 MONTANA CONTRACTOR REGISTRATION REQUIREMENTS No bids will be considered that do not carry the Bidder's Certificate of the CONTRACTOR'S registration number on the envelope containing the Bid and on the Bid. Information pertaining to the Montana Contractors registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) 11.1.2 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the OWNER shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1%) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. 11.1.3 The CONTRACTOR'S attention is called to the Industrial Accident Insurance laws in force in Montana and to the responsibility of the OWNER for the collection of premiums thereunder. The CONTRACTOR'S compliance with said laws is required and shall relieve the OWNER of any responsibility for payment of premiums thereunder and shall furnish the OWNER with satisfactory evidence showing that all premiums arising from this contract have been paid before payment is made on the final estimate. 11.1.4 LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 7 of 11 11.1.5 PREVAILING WAGE RATES On all projects and contracts with the Owner in excess of $25,000.00, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18-2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. Article 12. PERFORMANCE AND PAYMENT BONDS. The CONTRACTOR shall furnish a Performance Bond and a Payment Bond in favor of the OWNER each in an amount equal to one-hundred Percent (100%) of the Agreement amount. Article 13. INSURANCE. 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 B+, VI, as will protect himself, his subcontractors, the Owner and their respective agents and employees from claims for bodily injury, death or property damage which may arise from operations and completed operations under this Agreement. Such coverage shall be written for claims arising out of all premises/ operations, sub-contracted operations, products/completed operations, and all liability assumed by the CONTRACTOR under any contract or agreement. CONTRACTOR shall not commence work under this Agreement until such certified copies of the insurance policy shall have been filed with the OWNER. The City of Bozeman shall be named as additional insured on any insurance certificates. All insurance coverages shall remain in effect throughout the life of the Agreement. Each insurance policy shall contain a clause providing that it will not be canceled by the insurance company without 30 days written notice to the OWNER and Engineer of intention to cancel. The minimum amounts of such insurance coverages being as per Section SC-5.04, Supplementary Conditions to the General Conditions, Montana Public Works Standard Specifications, Sixth Edition, and included herein: 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: DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 8 of 11 1. Workers’ Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State: Statutory b. Applicable Federal (e.g. Longshoremans): Statutory c. Employer’s Liability: $500,000.00 2. Contractor’s Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE: $3,000,000.00 b. Products-Completed Operations Aggregate: $3,000,000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage): $1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5. Products and Completed Operations 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person: $500,000.00 Each Accident: $1,000,000.00 Property Damage: Each Accident: $1,000,000.00 (or) b. Combined Single Limit: $1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor’s Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 9 of 11 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 policies. 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: 6.1 Each Occurrence $ 1,000,000.00 6.2 Aggregate $ 3,000,000.00 Article 14. MISCELLANEOUS. 14.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions of the Montana Public Works Standard Specifications, Sixth Edition. 14.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The Owner reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 14.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party given notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in- house counsel. 14.4 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 the Agreement. 14.5 CONTRACTOR hereby agrees to indemnify, defend, and hold the OWNER harmless from all claims and liability due to the activities of CONTRACTOR, their agents, employees, or both, in performing the work required. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 10 of 11 14.6 CONTRACTOR is and shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The CONTRACTOR shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, workman's compensation and unemployment insurance. 14.7 CONTRACTOR agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The Contractor agrees this requirement shall apply to the hiring and treatment of the Contractor’s employees and to all subcontracts. Article 15. CITY OF BOZEMAN BUSINESS LICENSE. All Contractors conducting work within the City of Bozeman are required to have a current Business License. Applications for Business Licenses may be obtained at City Hall, 121 N. Rouse Avenue, Bozeman, Montana. Article 16. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL. CONTRACTOR is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the CONTRACTOR, evidence of property owner's written permission shall be obtained and provided to the OWNER. CONTRACTOR shall comply with all local, state, and federal laws and regulations pertaining to erosion control, fill in wet lands, and floodplains. The CONTRACTOR shall dispose of all refuse and discarded material in an approved location. CONTRACTOR shall exercise every reasonable precaution throughout the life of the project to prevent pollution or siltation of rivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the CONTRACTOR shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The CONTRACTOR shall meet the requirements of the applicable regulations of the Department of Fish, Wildlife and Parks, Department of Environmental Quality, City of Bozeman and other local, State, or Federal regulations relating to the prevention or abatement of water pollution and siltation. CONTRACTORS specific attention is directed to the Montana Water Pollution Control Act and the Montana Stream Preservation Act. The CONTRACTOR shall be responsible for obtaining any required discharge permits associated with erosion control and groundwater dewatering operations. CONTRACTOR'S responsibility shall include all cleanup, restoration, etc., of any detention or discharge areas. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 004 AGREEMENT FORM Page 11 of 11 ________________________________ (CONTRACTOR) By: ____________________ Title: ____________________ Signature: __________________ (JOINT VENTURE) By: ____________________ Title: ____________________ Signature: __________________ CITY OF BOZEMAN (OWNER) By: ____________________ (CITY MANAGER) Seal: Attest: ____________________ APPROVED AS TO FORM: By: ____________________ (CITY ATTORNEY) DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Chris Peccia Planned and Engineered Construction, Inc. President Section 005 PAYMENT BONDDocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 005 PAYMENT BONDDocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 005 PAYMENT BONDDocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 006 PERFORMANCE BONDDocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 006 PERFORMANCE BONDDocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 006 PERFORMANCE BONDDocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 007 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Page 1 of 1 Standard General Conditions of the Construction Contract 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St. The following document shall be made a part of the Contract Documents: 1. Montana Public Works Standard Specifications (Sixth Edition) 2. City of Bozeman Modifications to Montana Public Works Standard Specifications (Sixth) Edition DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 1 of 14 SECTION 008 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.0l.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC - 2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph ll.Ol.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. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 2 of 14 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 ll.Ol.A.S.c. SC - 4.01AVAILABILITY OF LANDS Add to Paragraph 4.0l.C 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.B and replace with Special Provisions. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 3 of 14 SC- 4.03- DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC- 4.04- UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC- 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports.......... SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 4 of 14 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 b. Applicable Federal (e.g. Longshoremans) c. Employer's Liability Statutory Statutory $ 500,000.00 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 5 of 14 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5. Products and Completed Operations 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person Each Accident $ 500,000.00 $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 6 of 14 1. All Owned 2. Hired 3. Non-Owned 4. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.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: Each Occurrence Aggregate $ 1,000,000.00 $ 3,000,000.00 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 7 of 14 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. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 8 of 14 6. Include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.C 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.B: Regular working hours are defined as 8:00AM. To 5:00P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.l of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly 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. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 9 of 14 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.C to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F 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 be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 10 of 14 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer’s Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01. A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 11 of 14 equipment rental rates will be negotiated prior to the work being performed. SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.l 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.l 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 second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs l4.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.l.a. through 14.02.D.l.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. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 12 of 14 SC -14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.l of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor's Application for Payment with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.l.c to read: .. .entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner’s use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner's use of any facilities not specifically identified in the Contract Documents will be in DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 13 of 14 I 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.C below, no mediation arising of or relating to the Contract Documents shall include by consolidation, joiner, or in any other manner any DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 008 SUPPLEMENTARY CONDITIONS OF THE GENERAL CONDITIONS Page 14 of 14 other person or entity (including Engineer, Engineer's Consultant and the Officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.0 l.B, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific provision whereby the Subcontractor consents to being joined in mediation between Owner and Contractor involving work of such Subcontractor. Nothing in this paragraph SC-16.0 l.C nor in the provision of such subcontract consenting to joiner shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist. SC-17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 008 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2022 Effective: January 1, 2022 Greg Gianforte, Governor State of Montana Laurie Esau, 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 erd.dli.mt.gov/labor-standards or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59620-1503 Phone 406-444-6543 The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at erd.dli.mt.gov/labor-standards 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 erd.dli.mt.gov/labor-standards or contact the department at (406) 444-6543. LAURIE ESAU Commissioner Department of Labor and Industry State of Montana DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A. Date of Publication ……………………………………………………………………………………………………………………………………………….……. 3 B. Definition of Heavy Construction …………………………………………………………………………………………………………………..…............. 3 C. Definition of Public Works Contract ………………………………………………………………………………………………………………………….... 3 D. Prevailing Wage Schedule ……………………………………………………………………………………………………………………………….………… 3 E. Rates to Use for Projects ………………………………………………………………………………………………………………………………..…………… 3 F. Wage Rate Adjustments for Multiyear Contracts ……………………………………………………………………………………………….………… 3 G. Fringe Benefits ……………………………………………………………………………………………………………………………………………………………. 4 H. Dispatch City ………………………………………………………………………………………………………………………………………………………….……. 4 I. Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4 J. Computing Travel Benefits ……………………………………………………………………………………………………………….………………………… 4 K. Per Diem …………………………………………………………………………………………………………………………………………………………………….. 4 L. Apprentices ………………………………………………………………………………………………………………………………………..……………………….. 4 M. Posting Notice of Prevailing Wages ……………………………………………………………………………………………………………………………. 5 N. Employment Preference …………………………………………………………………………………………………………….…………………………....... 5 O. Projects of a Mixed Nature ............................................................................................................................................................ 5 P. Occupations Definitions Website ................................................................................................................................................... 5 Q. Welder Rates ……………………………………………………………………………………………………………………………………………………………. 5 R. Foreman Rates …………………………………………………………………………………………………………………………………………………..……. 5 S Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants ……………..… 5 BOILERMAKERS ……………………………………………………………………………………………………………………………………………..………………….. 6 BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………….......................................... 6 CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………………………………………… 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………….............................................. 7 OPERATORS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 7 OPERATORS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 5 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 6 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 7 ………………………………………………………………………………………………………………………………………………….. 9 CONSTRUCTION LABORERS LABORERS GROUP 1 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 10 LABORERS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 10 DIVERS ………………………………………………………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ……………………………………………………………………………………………………………………………………………………………….. 11 ELECTRICIANS …………………………………………......................................................................................................................................... 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) ………………………………………………………………............................ 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS …………………………………………………………………………………. 12 LINE CONSTRUCTION EQUIPMENT OPERATORS …………………………………………………………………………………..........…………………………………………………. 12 GROUNDMAN ………………………………………………………………………………………………...........……………………………………………………….. 12 LINEMAN ……………………………………………………………………………………………...........………………………………………………………………….. 12 MILLWRIGHTS …………………………………………………………………………………………………………………………………………………………………….. 13 PAINTERS ……………………………………………………………………………..............….......................................................................................... 13 PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS …………………………………………………………………………………………………………… 13 SPRINKLERFITTERS …………………………………………………………………………………………………………………............................................... 14 TRUCK DRIVERS ..................................................................................................................................................................................... 15 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 3 A. Date of Publication January 1 2022 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 https://erd.dli.mt.gov/labor-standards/ 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.” DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 4 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, Miles City, Missoula and Sidney.” I. Zone Pay Zone pay is not travel pay. ARM, 24.17.103(24), defines zone pay as “...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.” See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM, 24.17.103(22), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section H above for a list of dispatch cities. K. Per Diem ARM, 24.17.103(18), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer.” L. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states, “…The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 5 M. Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are “…performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O. Projects of a Mixed Nature Section 18-2-418, 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: https://erd.dli.mt.gov/labor-standards/state-prevailing-wage-rates/building-construction-occupations 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 Pipefitter and Laborer/Pipelayer 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. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 6 WAGE RATES BOILERMAKERS Wage Benefit $34.12 $31.68 Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Travel: All Districts 0-120 mi. free zone >120 mi. federal mileage rate/mi. Special Provision: Travel is paid only at the beginning and end of the job. Per Diem: All Districts 0-70 mi. free zone >70-120 mi. $65.00/day >120 mi. $80.00/day ↑ Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit $35.95 $18.52 Travel: 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $78.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit $32.75 $13.82 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $22.85 $12.85 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Rates for rebar workers can be found under the Ironworkers classification. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $2.95/hr. >60 mi. base pay + $4.75/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $28.21 $13.65 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small) 12 inch and under; 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. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $30.04 $13.65 This group includes but is not limited to: 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; Pumpcrete\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 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $29.75 $13.65 This group includes but is not limited to: 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 Haul Truck, Articulating Trucks, Vac Truck. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $30.75 $13.65 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $31.75 $13.65 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $32.75 $13.65 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $33.75 $13.65 This group includes but is not limited to: 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. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $23.08 $11.77 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $25.90 $11.77 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 10 CONSTRUCTION LABORERS GROUP 3 Wage Benefit $26.07 $11.77 This group includes but is not limited to: 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. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit $26.76 $11.77 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. ↑ Back to Table of Contents DIVERS Wage Benefit Stand-By $44.98 $17.84 Diving $89.96 $17.84 Depth Pay (Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 11 DIVER TENDERS Wage Benefit $43.98 $17.84 The tender shall receive 2 hours at the straight time pay rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents ELECTRICIANS Wage Benefit $35.59 $16.39 Travel: No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-08 mi. free zone >08-50 mi. federal mileage rate/mi. in excess of the free zone. >50 mi. $60.57/day ↑ Back to Table of Contents INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage * Benefit * $39.97 $19.87 Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: * 0-30 mi. free zone >30-40 mi. $25.00/day >40-50 mi. $35.00/day >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. >60 mi. $100.00/day on jobs requiring an overnight stay plus ▪ $0.56/mi. if transportation is not provided. ▪ $0.20/mi. if in company vehicle. ↑ Back to Table of Contents * Amended 3/11/2022 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 12 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit $29.38 $27.05 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: 0-45 mi. free zone >45-60 mi. $45.00/day >60-100 mi. $70.00/day >100 mi. $90.00/day Special Provision: 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. ↑ Back to Table of Contents LINE CONSTRUCTION – EQUIPMENT OPERATORS Wage Benefit $36.00 $16.92 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – GROUNDMAN Wage Benefit $29.09 $16.09 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – LINEMAN Wage Benefit $48.65 $18.03 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 13 MILLWRIGHTS Wage Benefit $39.68 $14.27 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PAINTERS Wage Benefit $25.00 $0.00 Travel: No travel or per diem established. ↑ Back to Table of Contents PILE BUCKS Wage Benefit $32.75 $13.82 Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit $39.98 $20.26 Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro- commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. Travel: 0-70 free zone >70 mi. ▪ On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn’t provide transportation. Not to exceed two trips. ▪ On jobs when employees work any number of consecutive days: $105.00/day. ↑ Back to Table of Contents DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 14 SPRINKLER FITTERS Wage Benefit $35.66 $24.29 Duties Include: Duties Include but not limited to any and all fire protection systems: Installation, dismantling, inspection, testing, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems, including both overhead and underground water mains, all piping, fire hydrants, standpipes, air lines, tanks, and pumps used in connection with sprinkler and alarm systems. Travel All Districts The following travel allowance is applicable when traveling in employee’s vehicle. 0-60 mi. free zone >60-80 mi. $19.00/day >80-100 mi. $29.00/day >100 mi. $105.00/day. 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 ↑ Back to Table of Contents DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 15 TRUCK DRIVERS Pilot Car Driver No Rate Established Wage Benefit Truck Driver $31.28 $9.37 Truck drivers include but are not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + .$4.85/hr. Special Provision: Zone pay only applies to the Truck Driver classification. No zone pay was established for Pilot Car Driver. ↑ Back to Table of Contents DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 1 of 10 SPECIAL PROVISIONS 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St. 1. GENERAL The work to be performed under this Contract includes the installation of a Cure-In-Place Pipe liner in an 18” vitrified clay tile pipe bewteen S. Tracy and S. Black (near E. Cleveland Drive), including supplying and installing the liner, video inspection and logging, traffic control, clean-up and all other items incidental to construction. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Sixth Edition (MPWSS), and as further modified by the City of Bozeman Modifications to MPWSS, Sixth Edition, which is hereby included as part of these Special Provisions. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. All correspondence and official authorization concerning the work shall be with the Project Manager or their designated representatives as identified at the preconstruction conference. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractor’s risk at no cost to the City of Bozeman. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written Notice to Proceed written by the Project Manager to the Contractor. In establishing the date when Contract Time begins, the Project Manager will consider that the Contract time begins following delivery of the Notice to Proceed. A separate Notice to Proceed may be issued for each separate or combined quote schedule. Where multiple schedules are awarded under a single Contract, the Contract times shall run concurrently, unless the City of Bozeman agrees to issue a 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. 3. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the City of Bozeman shall be entitled to liquidated damages for failure of the Contractor to complete the work within the specified Contract time. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 2 of 10 The Contractor agrees to pay liquidated damages for compensation to the City of Bozeman for expenses incurred by the City of Bozeman during the Contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of $500.00 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. 4. COST LIMITATIONS The City of Bozeman reserves the right to eliminate or reduce certain proposal items from the project following the quote 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 City of Bozeman. 5. 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 City of Bozeman. No substitutions will be considered until after Contract award. 6. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the City of Bozeman or its Engineer for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which they contemplate using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the City of Bozeman. 7. CONTRACTOR'S QUALIFICATIONS The Contractor shall show evidence that they have 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. They shall be in a position to direct the work and make decisions either directly or through immediate contact with their superior. Absence or incompetence of the superintendent shall be reason for the City of Bozeman to stop all work on the project. 8. WARRANTY If, within two years after acceptance of the work by the City of Bozeman, any of the work is found DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 3 of 10 to be defective or not in accordance with the Contract Documents, and upon written notice from the City of Bozeman, 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 City of Bozeman may correct the work at the expense of the Contractor. 9. SCHEDULING Prior to or at the preconstruction meeting, the Contractor shall provide the Project Manager the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due to 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 8:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the Project Manager. 10. PRECONSTRUCTION CONFERENCE After the Contract(s) have been awarded, but before the start of construction, a conference will be held at the jobsite on Westridge, 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 City of Bozeman to discuss the project and any problems anticipated. 11. 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. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 4 of 10 Any review by the City of Bozeman 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. 12. 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 their work with the agencies and to keep them informed of their 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. 13. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of their construction operations within the easements and rights of way unless written approval is secured from the City of Bozeman of the adjoining property or written approval is given by the City of Bozeman to utilize the adjacent land area. 14. TRAFFIC CONTROL B. General. The Contractor shall at all times conduct their operations so that there is a minimum interruption in the use of the City of Bozeman'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 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 5 of 10 specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures, the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The Traffic Control Plan shall be approved by the City of Bozeman prior to construction. The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. C. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. D. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. E. Notifications. The Contractor shall coordinate all of the Contractor’s construction activities to minimize conflicts at the work site, off-site events, or other construction projects nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police, Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service, and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all businesses affected by a street closure shall be given seven (7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site. Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 6 of 10 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 City of Bozeman 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 City of Bozeman and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local businesses at all times. Work shall be scheduled so as to minimize disruptions to local mail and freight delivery. The Contractor shall maintain vehicular access to residences able to be used after each shift. Street closures shall be closures to through traffic with local traffic allowed. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 7 of 10 Provide channelization, flaggers, or other measures necessary to allow the safe passage of local vehicles to access residences that are within the work zone but not blocked by construction. Notify all residents at least 24 hours in advance of any access restrictions for individual approach or street closures. Schedule work such that individual approach closures last no more than a single shift. The Contractor shall utilize whatever means they deem necessary to allow traffic on driveway curbs and aprons a maximum of 10 days after they are poured unless approval is specifically granted by the home owners to leave them closed for a longer period of time. The Contractor will be responsible for any cracking or broken sidewalk that may result from use of the driveways. 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 15. 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 City of Bozeman. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. This project is less than one acre in area and therefore a Construction Stormwater Permit (Permit) for Sites Less than One Acre is required to be submitted to the City of Bozeman Stormwater Division. Compiling and submitting the Permit is the responsibility of the Contractor. This Permit must be approved by the City of Bozeman prior to any construction activities. The Contractor shall exercise all reasonable precautions throughout the life of the project to prevent pollution or siltation of the City of Bozeman’s 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 their 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 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 8 of 10 Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. All debris or waste materials shall be cleaned up by the end of the work day. The Contractor is responsible for required Permit inspections, corrective actions, and documentation as well as BMP installation, inspections, maintenance, and removal upon project final stabilization. 16. 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 their expense, in a manner as directed by the Project Manager. 17. 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 of Bozeman for emergency maintenance of its utilities. The Contractor shall schedule their work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City of Bozeman crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City of Bozeman. 18. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 19. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this Contract shall remain the property of the City of Bozeman. Should the City of Bozeman choose not to accept any DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 9 of 10 salvageable items, then the Contractor shall dispose of those items at their expense at a site or landfill acceptable to the Project Manager. Any costs for the above referenced work shall be at the Contractor’s expense. 20. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the City of Bozeman, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 21. INSURANCE Insurance coverage required under this Contract shall extend, at a minimum, to the end of the Contract time. 22. 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 Project Manager for approval prior to the start of work. In addition, the Contractor shall take special care when working around trees to avoid any unnecessary damage to the branches or the trunks of trees. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. 23. UNSCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS One City of Bozeman Water/Sewer Operations Department service worker will be available 7:15 AM till 5:15 PM Monday-Friday with the exception of City of Bozeman recognized holidays, when water and sewer main replacement work is required. 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 the employee’s 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 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 010 SPECIAL PROVISIONS Page 10 of 10 complaints/issues that are raised. If the City of Bozeman is contacted due to non-responsiveness on the part of Contractor, the City of Bozeman will resolve the issue and charge the Contractor for its time at the rates provided for in this section. 24. 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 Project Manager 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. 25. CONSTRUCTION TRAFFIC ROUTES To the greatest extent possible, the Contractor shall utilize the arterial and collector streets in the area for access to and from the site. This includes general construction traffic in addition to the transport of equipment and materials to and from the site. The streets in the area that meet this designation include South 3rd Avenue and Kagy Boulevard. The Contractor shall receive prior approval from the Project Manager in order to use any local residential streets for a short term construction traffic route. 26. CONSTRUCTION STAKING The Contractor will be responsible for all layout for construction. The Contractor will be provided with an electronic version of the plans in AutoCad format and scalable hard copies of the Contract drawings. Discrepancies between drawings, specifications, and existing conditions shall be referred to the Project Manager for adjustment before work is performed. Construction Staking. Due to the nature of this project, construction staking by a licensed professional surveyor is not required. Prior to commencing the work, the Contractor shall carefully check all drawings that in any way impact the location or elevation of the work to be executed by them, and should a discrepancy be found, they shall immediately report the same to the Project Manager 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 their sole expense. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 011 MEASUREMENT AND PAYMENT Page 1 of 1 Measurement and Payment 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St. The quantities listed in the Quote Form are estimates for the purpose of quoting only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract, the unit price as contained in the Quote Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101: (Taxes, Bonds, Insurance) To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent (5%), if any, payment shall be made on the basis of the percentage of the work completed of each progress estimate. Item 102: (Mobilization) Fifty percent (50%) to be paid on the first progress estimate when mobilizing to begin construction, and fifty percent (50%) to be paid following substantial completion and acceptance of the work. Item 103: (Dewatering and Plan) A Dewatering Plan must be submitted to the City prior to construction. Measurement and payment shall be on a lump sum basis to complete, submit and comply with these documents. Item 104: (CIPP Liner – 18 inch) Measurement and payment shall be on a lump sum basis for installation of the cure-in-place pipe linter as specified on the Project Drawings. This bid item shall include installation, trimming, dewatering, clean up and waste disposal, video inspection and report. This bid item shall also include protection, of existing utility lines and all materials, labor, tools, and equipment necessary to complete the work. Item 105: (Traffic Control) Measurement and payment shall be on a lump sum basis to furnish and maintain traffic control measures on all segments of the pipe lining work site, including S. Tracy / E. Cleveland intersection, and in the Springdell Apartments parking lot (contact provided by City staff). DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 012 STANDARD DRAWINGS Page 1 of 8 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 012 STANDARD DRAWINGS Page 2 of 8 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 012 STANDARD DRAWINGS Page 3 of 8 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 012 STANDARD DRAWINGS Page 4 of 8 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 012 STANDARD DRAWINGS Page 5 of 8 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 012 STANDARD DRAWINGS Page 6 of 8 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 012 STANDARD DRAWINGS Page 7 of 8 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 016 STANDARD DRAWINGS Page 8 of 8 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 1 DIVISION 1 - GENERAL REQUIREMENTS SECTION 013 - SUMMARY OF WORK PART 1 - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS: The following sections generally describe the project. Exact quantities of unit price items are identified on the bid form. Detailed technical specifications and the construction drawings take precedence over these general descriptions in the case of any conflicts. A.General The South Tracy Stormwater Rehabilitation Project consists of 189 lineal feet of stormwater rehabilitation of existing 18-inch diameter (nominal) vitrified clay and HDPE pipe with cured-in-place pipe (CIPP). The stormwater main is located within a residential area east of the intersection of West Cleveland Street and South Tracy Avenue. Completion of this work will include pre-installation inspection, cleaning, bypass pumping operations, and CIPP lining installation. Resin used for the CIPP shall be non-styrene, VOC-free resin. All work will be completed within existing City of Bozeman road right-of-way and stormwater utility easements. B.Stormwater Trunk Main Improvements 1.Due to the location of the stormwater pipeline and proximity of the stormwater discharge to surface water, the CIPP resin shall be a non-styrene, VOC-free resin. 2.Provisions for bypass pumping will be required. The CONTRACTOR shall provide abypass pumping plan for base flow and emergency operations if there is a storm event during the CIPP installation. Base flow pumping operations shall assume a flow of approx. 50 gpm or less, to be verified by the CONTRACTOR at the time of construction.The CONTRACTOR shall have emergency bypass pump(s) and piping on-site andready to deploy in the event that there is a storm during the CIPP installation. It is theCONTRACTOR’s responsibility to verify the required bypass pump rates and be prepared with appropriate bypass pumping capacity. The Contractor shall give consideration to the weather pattern when preforming the work. 3.The City completed video inspection of the existing stormwater main in 2022 to verify suitability for lining and check for any impassable sections. The video inspection files are available for review upon request from the CONTRACTOR. Based upon the 2022video inspection, the mains were found to be in satisfactory condition for lining. 4.The 2022 video inspection identified no service connections to the stormwater main. 5.The pre-insertion video inspection shall include video with distance recording and DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 2 inspection of the pipeline condition, cleaning and removal of roots. Copies of the printed video summaries with the service locations identified shall be provided to the City upon completion. 6.Discharge to the downstream stormwater manhole is strictly prohibited throughout theproject. All water and debris associated with the project, including but not limited tocleaning and CIPP inversion, cure, steam condensate, cool down and flush water, and material shall be collected by the CONTRACTOR and disposed of off-site in a lawful manner. a.Pipeline Cleaning: The disposal of water and debris collected during the initialpipeline cleaning may be disposed of at the City’s Stormwater SedimentationCollection Facility (US Hwy 10 & Moss Bridge Road). The CONTRACTOR shall coordinate with the OWNER for facility usage and discharge requirements. b.CIPP Installation: Water and debris associated with the installation of the CIPPliner, inversion, cure, steam condensate, cool down and flush water, may bedisposed in the City’s wastewater collection system at a dump site located at theCity’s Vehicle Maintenance Facility, 1812 North Rouse Avenue. Prior to discharge the CONTRACTOR shall sample the process water and submit third- party laboratory analysis for volatile organic compounds (VOCs). The analyticalresults shall demonstrate the absence of styrene, diethyl hexyl phthalate (DEHP)and other VOCs that can not be removed in the City’s Water ReclamationFacility. If the presence of non-destructive VOCs exist, the CONTRACTOR shall dispose CIPP installation water off-site in a lawful manner at no additional expense to the OWNER. 1.02 PRELIMINARY MATTERS A.Survey Markers and Monuments. The CONTRACTOR shall protect and not disturb any survey markers or monuments, such as lot or block corners, property pins, or section corners or section breakdown corners. Any survey marker or monument that is disturbed or destroyed by the CONTRACTOR shall be replaced at no cost to the OWNER by a licensed land surveyor at the CONTRACTOR’s expense. The CONTRACTOR shall engage the services of a registered land surveyor to tie the existing corner prior to construction, to punch the corner location on the new monument following construction, and to file a Certified Corner Recordation form with the Gallatin County Clerk and Recorder. Care shall be taken not to disturb the survey monument following installation. 1.03 PROJECT COORDINATION A.Use of Premises. The CONTRACTOR shall confine his operations to existing right-of-way and designated construction corridors at the site of the proposed work. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 3 B.Construction Staking: The CONTRACTOR is responsible for any construction staking needed for the project. C.Stored Materials 1.It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall be made against the OWNER by reason of any act of an employee ortrespasser. No materials or equipment may be placed upon the property of the OWNERuntil the OWNER has agreed to the location contemplated by the CONTRACTOR to beused for storage. a.Subject to the contract conditions, project funding will allow for payment forMaterials in Storage for the materials to be used in this project. 2.The CONTRACTOR shall be solely responsible for obtaining and shall pay all costs in connection with any additional work area, storage sites, and access to the site, or temporary right-of-way, which may be required for proper completion of the Work. 1.04 EXISTING FACILITIES A.Protection of Existing Utilities Existing underground installations such as water mains, gas mains, sewers, stormwater, telephone lines, power lines, and buried structures in the vicinity of the work to be done hereunder are indicated on the drawings only to the extent such information has been made available to or discovered by the ENGINEER in preparing the drawings. There is no guarantee as to the accuracy or completeness of such information, and all responsibility for the accuracy and completeness thereof is expressly disclaimed. CONTRACTOR shall be solely responsible for locating all existing underground installations, including service connections, in advance of excavating or trenching, by contacting the owners thereof and prospecting. The CONTRACTOR shall use his own information and shall not rely solely upon information shown on the drawings concerning existing underground installations. The CONTRACTOR shall protect utilities during excavation and repair all damage to existing utilities or property to the satisfaction of the utility owner or property owner at his own expense. If any existing underground utility or facility not shown on the drawings is located so that it interferes with the work in either alignment or grade and has to be moved or otherwise modified, such work shall be done by the CONTRACTOR, and adjustment in payment will be made according to the GENERAL CONDITIONS. Except as stated above, any delay, additional work or extra cost to the CONTRACTOR caused by existing underground installation shall not constitute a claim for extra work, additional payment, or damages. Privately owned utilities, such as gas mains, underground electrical and telephone cables, telephone DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 4 poles, light poles, etc., required to be moved to make way for new construction will be moved by others unless designated otherwise on the plans. However, the CONTRACTOR shall be responsible for contacting all utilities companies associated with this project to determine additional costs that may be associated with these utilities. These costs shall be incidental to the bid price. Temporary service shall be provided by the CONTRACTOR during any period when utility lines are disturbed unless the CONTRACTOR makes other arrangements with the utility users and of existing utility lines, if interrupted, shall be restored as quickly as possible. Do not interrupt existing utility services without written permission from ENGINEER. The CONTRACTOR shall coordinate with the utility companies for the protection or adjustment of existing utilities in the vicinity of the work and shall have utility company representatives present when necessary to support utility poles or buried utility lines while working adjacent to such utilities. The CONTRACTOR shall pay all costs associated with having utility company representatives on the site for this work and shall include these costs in the price bid for related items of work. The CONTRACTOR shall utilize the one call utility locate request number, as required for any excavation work in Montana (1-800-424-5555). Additional utility contact numbers include but may not be limited to the following: 1.The OWNER, ENGINEER and Northwestern Energy personnel must be notified at least 48 hours in advance prior to exposing utilities owned by NorthwesternEnergy. Utilities are not to be backfilled until Northwestern Energy personnel havephysically inspected each crossing to ensure the utilities are not damaged prior tobackfilling. Revisions to these requirements shall be arranged with Northwestern Energy, ENGINEER and OWNER. a.Northwestern Energy Contacts for Coordination: Korey Gram (406-274-5920);Kory.Graham@northwestern.com2.City of Bozeman Stormwater: Russell Smith (406) 582-29373.City of Bozeman Water/Sewer: (406) 582-3200 (office) 4.CenturyLink: (855)742-6062 5.Qwest: (800) 283-4237 B.Protection of Existing Structures Where construction will be required adjacent to existing structures, the CONTRACTOR shall be solely responsible to maintain the structural integrity of the existing structures. The CONTRACTOR shall take whatever means necessary to ensure that the existing structure is not damaged and, if necessary, shall install shoring or sheet piling or change the size or type of construction equipment. CONTRACTOR shall not use the existing features as anchors to fasten ropes, chains, or guys without prior written approval. The CONTRACTOR shall repair all damage to the existing structures at his own expense. Any fences disturbed during construction shall be repaired to the satisfaction of the OWNER. Any delay, additional work, or extra cost to the CONTRACTOR caused by existing structures shall not constitute a claim for extra work, additional payment or damages. Unless otherwise noted on the Construction Drawings, all existing DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 5 ditches disturbed by construction shall be restored to their original size, line, and grade. C.Damage to Existing Property: The CONTRACTOR will be held strictly responsible for all damages to persons or property that occur as a result of his fault or negligence. The CONTRACTOR shall promptly notify the ENGINEER and the property owner of any damage which is his responsibility. In order to adequately protect the OWNER against claims, demands, or liabilities arising out of the CONTRACTOR's construction operations under this contract, the ENGINEER may withhold such sums as he may deem appropriate from progress payments due the CONTRACTOR until the matter is settled. The OWNER may withhold final payment until the CONTRACTOR presents evidence which is satisfactory to the OWNER that all proper claims which are the responsibility of the CONTRACTOR have been settled. All damage to existing property shall be repaired to the satisfaction of the ENGINEER, at no cost to the OWNER. D.Field Check of Existing Structures The dimensions and elevations of existing structures and locations of existing pipe lines, pipe sizes, utilities, conduits, cables, property lines, and equipment shown on the drawings were obtained from available records, and geographic information systems (GIS) and are not guaranteed for accuracy. It shall be the responsibility of the CONTRACTOR to check all dimensions, sizes, and elevations of existing structures, pipelines, conduits, cables, equipment, or other existing items, both above and below ground, affected by or affecting the Work under this contract, prior to the start of construction or ordering materials and equipment affected thereby. The CONTRACTOR's attention is directed to the Instructions to Bidders which requires that each bidder visit the site of the Work to familiarize himself with the arrangement and condition of existing construction that is to be connected to or that is to remain in place. E.Fiber Optic Cables. Special attention shall be paid to crossings of any fiber optics cables and where the carrier pipes have been capped with concrete. In some cases, the bottom portion of the piping may not be not supported by the concrete cap. CONTRACTOR shall take special precautions in supporting and excavating under these crossings. 1.05 WORK SEQUENCE/SCHEDULE: A.General 1.Upon award of the project the Contractor will be allowed to collect fieldinformation necessary to order/procure the CIPP liner materials. A suspend work order will be issued, at the request of the Contractor, to postpone the CIPPinstallation until materials can be onsite and suitable weather. The intent of thedelayed start is to circumvent storm events that may impact the CIPP construction DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 6 process. 2.All work shall be completed by October 1st, 2023 3.The CONTRACTOR shall schedule the work to minimize inconvenience to theOWNER and to adjacent property owners to minimize interruptions to utility service.This shall include minimizing obstructions to local traffic. Close coordination will berequired between the CONTRACTOR, OWNER, ENGINEER, and utility service companies, law enforcement, fire department and ambulance services. 4.The CONTRACTOR shall be responsible for coordination of public notification ofthe residences and businesses affected by the daily work activities. Notificationshall be provided at least 48-hours in advance of the work. Notification noticesshall provide the date and estimated time(s) and duration that stormwater service will be interrupted, construction schedule, contact numbers of both theCONTRACTOR and OWNER and a brief description of the work to beperformed. Notices shall be approved by the OWNER prior to issuing. TheCONTRACTOR shall work closely with the OWNER in coordinating andscheduling work. a.CONTRACTOR shall submit a proposed public notice for review and approval prior to distribution. Distribution of the notices shall be completed by theContractor, coordinated with the OWNER and ENGINEER, and discussed eachweek at weekly field construction meetings to communicate the week’s scheduleof work and coordinate communication with impacted properties and the respective services. b.At a minimum, notices shall address street and alleyway closure and duration,presents of hazardous materials, and recommendations for business andresidential owners during construction. 5.The utility service companies such as power, gas, telephone, and communication shall be contacted at least 48 hours in advance of when locating of services will be required. 6.The project schedule will include bidding, award and issuance of the Notice toProceed in accordance with the time requirements of the General Conditions. TheOwner will issue a Suspend Work Order to allow work to proceed under favorableweather conditions. 1.06 ENVIRONMENTAL CONTROLS A.Keep project neat, orderly, and in a safe condition at all times. Provide on-site containers for collection of rubbish and dispose of it at frequent intervals during the progress of work. No burning of debris will be permitted. No trash shall be disposed of in the trench or excavations. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 7 B.The CONTRACTOR shall sweep paved areas and water unpaved dry areas as deemed necessary by the ENGINEER to control soil dust, specifically on detour routes. C.CONTRACTOR shall protect all stormwater inlets and drainage swales to control soil erosion until vegetation is restored. D.Volatile Wastes: Keep volatile wastes in covered containers. E.CONTRACTOR shall dispose of all oil and petroleum products in an appropriate manner off-site. This requirement shall include any and all materials used for clean-up of such materials. F.Tracking of Soil or Mud: Tracked soil or mud onto existing roads is to be cleaned by the CONTRACTOR to the satisfaction of the ENGINEER. G.Night Work. Night work shall be allowed only with written approval of OWNER. Emergency work may be done without prior permission. H.Coordination with Subcontractors. All work shift times of the Prime Contractor and his subcontractors shall coincide with each other to prevent extending the total hours of work in a single day. I.Working Hours and Noise Restriction. Contractor shall comply to City of Bozeman Municipal Code 16.06.00. To minimize construction noise impacts on the local residents, no construction activities will be allowed between the hours of 8:00 p.m. and 6:00 a.m., unless explicitly allowed by the OWNER in writing. Additionally, CIPP construction operations shall not be completed during public events within the Downtown corridor. Construction schedule shall be coordinated with the OWNER. J.Adverse Weather Conditions. The CONTRACTOR is advised that should he request a prolonged adverse weather shutdown (i.e. winter shutdown) and should such a shutdown be approved by the OWNER, all work on the project shall cease. CONTRACTOR shall be issued a suspend work order when the work stops and a resume work order when the work commences. The time associated with this suspension of work will not be assessed against the contract time. The ENGINEER will not be available for work inspection during such shutdowns and any work completed by the CONTRACTOR during such a shutdown will not be accepted by the ENGINEER. In no case will an adverse weather shutdown be approved by the OWNER when construction work is only partially completed. Where the OWNER approves a shutdown, the CONTRACTOR shall restore all utility services to users in the construction area, and open up traffic access in the construction area. The CONTRACTOR shall provide periodic road maintenance during any shut down period. Materials for this maintenance shall be consistent with the conditions of the roadway. Paved streets shall be maintained with cold mix, and gravel streets shall be maintained with gravel, each of DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 8 thicknesses satisfactory to carry the traffic without development of surface irregularities. Any costs related to the road maintenance of the above will be the responsibility of the CONTRACTOR. Should adverse weather require a shutdown of the work by the OWNER or the CONTRACTOR, CONTRACTOR shall be responsible for any and all costs associated with the shutdown including but not limited to restoration of all utility services, restoration of streets and alleys to provide access during shutdown period, periodic road maintenance during shutdown period, demobilization, remobilization, and lost overhead and profit to the CONTRACTOR and any subcontractors. 1.07 DISPOSAL OF RUBBISH: Any stones, trees, brush, or other deleterious material left by construction operations shall be disposed of legally at a permitted landfill, or private disposal facilities if arrangements are made by the CONTRACTOR and approved by the ENGINEER. 1.08 AIR AND WATER POLLUTION CONTROL: A.Prevention Procedures: CONTRACTOR shall take all necessary reasonable measures to reduce air and water pollution by any material or equipment used during construction as well as pollution from the construction sites and equipment storage and service areas. Measures to be used include providing dust abatement measures for construction activity, disposal of material or discharge waters in the downstream manhole is prohibited. CONTRACTOR shall set up a containment barrier to capture the release of any inversion, cure, steam condensate, cool-down, or flushing water. All inversion, cure, cool down, flushing water and steam condensate shall be transferred and disposed of off-site at the Contractor’s expense or discharged to the City’s wastewater collection system as stated in Section 1.01.B.6.b. above. Pollutant gas emissions inherent in the CIPP installation process shall be monitored by the CONTRACTOR. Contractor shall partition the area to prevent public access in areas where OSHA regulatory limits (in all directions) are met. CONTRACTOR shall comply with all applicable water pollution control regulations that are in effect at the time of the Bid Opening. Required measures include the City of Bozeman stormwater/construction permitting, filing of a Notice of Intent with the State Department of Environmental Quality, and the preparation and submittal to DEQ of a Pollution Prevention Plan, if required to comply with stormwater runoff regulations. The cost of all Pollution Control is to be included in the price of the contract. Disturbance of existing vegetation is to be minimized by construction activity. Reclamation of disturbed surfaces is to comply with specifications. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 9 B.Burning of Debris: No burning of debris will be permitted inside the City limits. C.Volatile Material: CONTRACTOR shall not dispose of volatile wastes or oils in storm or sanitary drains, nor allow such materials to reach natural waters. Do not allow waste materials to be washed into the bed of a stream. D.Excess Material: When excavations are made, CONTRACTOR shall immediately utilize resultant loose earth by backfilling and compacting in place, or dispose of it off the site. E.Stormwater: CONTRACTOR shall obtain construction site stormwater permit(s) from the City of Bozeman, if necessary. All construction activities shall utilize best management practice for stormwater control and management. 1.09 FIRE PREVENTION AND PROTECTION: A.Hazard Control: CONTRACTOR shall take all necessary precautions to prevent fire during construction. Provide adequate ventilation during use of volatile or noxious substances. B.Spark Arresters: CONTRACTOR shall equip all gasoline or diesel powered equipment used in potential fire locations with spark arresters. C.Building Safety: Smoking within buildings or temporary storage sheds is prohibited. No welding or cutting by torch shall be performed unless adequate fire protection is provided and maintained for the duration of the Work in the area of operations. D.Protection Equipment Required: Provide and maintain suitable fire protection equipment. Furnish a minimum of one UL Class 2A, 2-1/2 gallon water type, pressure extinguisher, and one UL Class 10, Type I, 15 pound B:C carbon dioxide extinguisher. 1.10 SUBSURFACE CONDITIONS The CONTRACTOR shall satisfy himself as to the groundwater and subsurface conditions at the site of the work. The CONTRACTOR shall be aware that groundwater and soil moisture contents can fluctuate due to seasonal changes, weather, irrigation, and other variations in conditions. Groundwater inflow was not observed in the City of Bozeman’s 2018 (November) video inspection of the stormwater trunk line. The bidders shall make independent investigations as they believe are necessary to prepare their bid. The CONTRACTOR is responsible to determine construction methods and include these costs in the bid unit prices. Methods and procedures related to wet soils could include adjusting the moisture of the material or removal of the wet material and replacement with another suitable material. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 10 1.11 TEMPORARY CONTROLS A.General. Temporary service shall be provided by the CONTRACTOR during any period when utility lines are disturbed unless the CONTRACTOR makes other arrangements with the utility users and owners that are satisfactory to said users and owners. Service of existing utility lines, if interrupted, shall be restored as quickly as possible. Service of domestic water, storm, and sewer lines shall not be interrupted for a period of more than 4-hours, unless otherwise approved by the ENGINEER in writing. CONTRACTOR shall be solely responsible for notification of those individuals affected by being out of service and for temporary connections, if needed. B.Groundwater/Dewatering. The Contractor is advised that groundwater may be present at the project site. The Contractor is responsible for providing dewatering equipment and methods for this project. Groundwater shall be removed from open trench areas to satisfactorily prevent the rising of water into the new or any existing piping that may be exposed during the work. The Contractor shall be responsible for arrangements of permits and obtaining of sites for groundwater discharge (if necessary). This shall include all cleanup, restoration, etc., of any discharge areas. The above-related work shall be part of the unit bid price for sewer service replacement. 1.12 CONSTRUCTION AND TESTING WATER A.Water. At the request of the CONTRACTOR, the City will supply construction water at no charge required for pipe cleaning, CIPP installation/curing, compaction of embankments, subgrade, and gravel courses, paving, cleanup, or any other construction related work associated with the project construction. The City’s construction water fill location is located at the City’s Vehicle Maintenance Facility, 1812 North Rouse Avenue. Access and use of the fill site shall be coordinated with the City. 1.13 CLOSE-OUT A.Cleaning. The CONTRACTOR shall clean the streets to the same or cleaner condition than prior to the start of construction. The cost of cleaning shall be incidental to and included in other items of the Work. The work zone shall be complete, clean, and street marking reapplied to the satisfaction of the OWNER prior to acceptance of the work zone and prior to opening of the street to normal traffic flow. No washing of the streets shall be allowed to discharge into sanitary sewer or storm sewer. B.Reconciling Change Order. A reconciling change order to show final in-place quantity overruns and under runs will be prepared before final payment to the CONTRACTOR. The unit prices will remain unchanged. This reconciling change order will have to be prepared before authorization of final payment to the CONTRACTOR. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SUMMARY OF WORK Sec 013 - 11 1.14 RECORD DRAWINGS. A. General The CONTRACTOR's superintendent or his designated representative shall maintain, at the project site, a "Record Set of Drawings" showing field changes, as-built elevations, unusual conditions and utilities encountered during construction, dimensions to exposed features both for depth below finished grade and horizontal distance from a permanent surface feature, manufacturer's catalog number of equipment supplied, and other data as required to provide the OWNER with an accurate "as-constructed" set of Drawings. Record drawings shall be maintained in a neat and legible condition. Drawing set shall not be used for construction purposes and shall be available for review by the Resident Project Representative at the job site during normal working hours. B. Markings: Use red erasable colored pencils to annotate record drawings. C. Review for Progress Payments. Prior to approval of each successive Progress Payment, CONTRACTOR will be asked to update and present the record drawing set to the ENGINEER or ENGINEER’s field representative prior to ENGINEER approving the pay request. An approval by the ENGINEER shall not be given on the final payment request until complete record drawings are submitted to the ENGINEER. Final record drawings from the CONTRACTOR shall be submitted at least 7 days before the final progress payment to allow time to review the drawing for completeness. Failure to submit record drawings in a timely manner, as described, may delay approval of final progress payment. PART 2 - PRODUCTS NONE PART 3 - EXECUTION NONE END OF SECTION 013 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 1 DIVISION 2 – SITE WORK SECTION 014 – REHABILITATION BY ULTRAVIOLET LIGHT CURED-IN- PLACE PIPE PART 1 - GENERAL 1.01 WORK INCLUDED: The work consists of furnishing all labor, equipment, materials, and incidentals required to rehabilitate existing stormwater mains by the installation of ultraviolet light cured-in-place pipe (CIPP) into the existing main. Work will include bypass pumping, pipe cleaning, closed circuit television (CCTV) inspection of pipeline to be lined, installation of liner, reconnection of service connections, final (CCTV) inspection, traffic control, public outreach, and all other related work. All such work shall comply with these specifications and the specific product manufacturer’s recommendations. Any conflict between the product manufacturer’s recommendations and any portion of the contract documents shall be resolved with the Owner and Engineer prior to proceeding with the work. The location and nominal size of stormwater main rehabilitation by CIPP methods are shown on the project drawings. 1.02 RELATED WORK: Section 02200 – Earthwork 1.03 REFERENCE STANDARDS: ASTM D 543 Standard Test Methods for Resistance of Plastics to Chemical Reagents. ASTM D 638 Standards Test Methods for Tensile Properties of Plastics. ASTM D 790 Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials. ASTM D 792 Standard Test Methods for Density and Specific Gravity of Plastics by displacement. ASTM F 1216 Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin-Impregnated Tube. ASTM F 1743 Rehabilitation of Existing Pipelines and Conduits by Pulled-In-Place Installation of Cured-In-Place Thermosetting Resin Pipe. ASTM D 2122 Standard Test Method of Determining Dimensions of Thermoplastic Pipe and Fittings ASTM F 2019 Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Pulled in place installation of Glass Reinforced Plastic Cured-in-Place Using the UV Light Curing Method. ASTM D2990 Standard Test Methods for Tensile, Compressive, and Flexural Creep and Creep-Rupture of Plastics. These standards are a part hereof by such reference and shall be the latest edition and revision thereof. In the case of conflicting requirements between this specification and these referenced documents, this specification shall govern. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 2 1.04 PRODUCT QUALIFICATIONS Products used in the work of this section shall be produced by manufacturers regularly engaged in the manufacture of cured-in-place liners for municipal wastewater and stormwater systems and with a history of successful production acceptable to the owner. Products shall meet the following criteria: A minimum of 250,000 linear feet of successful wastewater or stormwater collection system installations in the U.S. must be documented to the satisfaction of the Owner and Engineer. Additionally, a minimum of five (5) successful wastewater or stormwater collection system projects of a similar size and scope of work shall be performed in the U.S. and documented to the satisfaction of the Owner and Engineer to assure commercial viability. 1.05 INSTALLER QUALIFICATIONS The installer shall have at least three (3) years active experience in the commercial installation of the product bid. In addition, the installer must have successfully installed at least 50,000 feet of the product bid in wastewater or stormwater collection systems. The Contractor shall submit a complete list of installer qualifications and complete work history for the field superintendent who will be on site for the duration of the project, and the service lateral cutter who will perform such work for this project. The installing Contractor shall be licensed by the cured-in-place lining system manufacturer and shall have successful experience in the installation of cured-in-place lining systems in municipal wastewater or stormwater systems. The Contractor shall also be familiar with the specified requirements and the methods needed for proper performance of the work of this section. A. Superintendent: The entire pipe lining project shall be field supervised by a project superintendent with the following lining installation and supervisory experience. This installation experience shall be with the specific liner system and type proposed: three (3) successfully completed projects within the past 1½ years amounting to at least 2,000 linear feet of 24” and larger pipe per project; performed or supervised at least 50 successful internal lateral cuttings; and at least one year bypass pumping supervisory field experience. B. Lateral Cutter: Internal reinstatement of laterals shall be performed by a qualified individual with the following experience: performed at least 50 successful internal lateral cuttings within the past year. 1.06 QUALITY ASSURANCE A. The finished liner shall be continuous over the entire length of the liner insertion run between the manholes and shall be free from visual defects such as foreign inclusions, dry DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 3 spots, pinholes, and delamination. B. Wrinkles in the finished liner pipe which cause a backwater of one inch or more or reduce the hydraulic capacity of the pipe are unacceptable and shall be removed or repaired by the Contractor. If a void between the wrinkle and the pipe develops, the Contractor shall repair or replace that section of the pipe. Methods of repair shall be proposed by the Contractor and submitted to the owner for review. C. Following pipeline cleaning and prior to installation of liner and finish work at the manholes, the pipeline shall be televised and recorded in digital format acceptable to the Engineer such as DVD or USB drive, and shall be provided to the Engineer. The Contractor shall also televise the pipeline after completion of all liner insertion and finish work at the manholes. All (CCTV) work is to be completed per a national standard for pipeline inspections. 1.07 SUBMITTALS Submittals shall be made by the Contractor in accordance with the procedures set forth in Section 1300 - Submittals, and as described below. A. After notification of award, the Contractor shall provide the following information: 1.A comprehensive construction sequencing plan. At a minimum the plan shall include the following (if applicable): a.Proposed schedule. b.Identification of all proposed access routes. c.Identification of set-up locations for lining installation. d.Lining procedures including UV light train. e.Bypass pumping plan. f.Dewatering plan. g.Traffic control plan. h.Pollution control plan 2.Letter identifying the crew members performing the lining. 3.Liner manufacturer’s certification that personnel involved in installation of the pipe liner have successfully completed training in handling, jointing, insertion, trimming, reinstatement of service connections, and finishing of pipe liner. 4.Calculations supporting recommended liner thicknesses. See 2.01.C of this specification for additional requirements. 5.Certified test reports demonstrating that the exact resin/liner combination to be used for this project meets the requirements for initial structural properties (performed in accordance with ASTM F2019, ASTM F1216, ASTM D638, and ASTM D790 or DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 4 equivalent as approved) and chemical resistance (per ASTM F1216-Appendix X2). The initial data between time “0” and “1,000” hours must be excluded. If the architecture of the UV-CIPP is such that the physical properties vary depending on the direction of testing (i.e., axial versus circumferential), submit test data on both directions in accordance with the test methods listed above in this paragraph. B. Prior to initiation of the liner work, the Contractor shall submit the following information: 1.Shop drawings and product data for the rehabilitation method including a report outlining the process to be used in the rehabilitation of the pipeline(s). The report shall also include information specific to the job, such as coordination issues, access, timing, manufacturer’s installation instructions and bypass pumping. 2.Infrared spectrum analysis for proposed resin and confirmation of the resins meeting ASTM D 5813. 3.Installation plan with detailed description of the pipelining installation and curing process including staging and insertion locations. Include materials and equipment (e.g., UV light train) to be utilized and list of tasks associated with each installation. The description must include the resin manufacturer’s curing cycle with temperatures and pressure requirements measured continuously and recorded at intervals no less frequently than every 5 minutes. The curing cycle must be specific to each liner segment and address project design parameters and site conditions. If possible, include a contingency curing cycle in the event temperatures fall over or under the liner system manufacturer’s recommendations. Identify in the description the type of temperature sensors that will be used, their proposed locations, and recording method and/or equipment. Include in the overall installation plan the method and sequence of lateral reinstatement, including the method for addressing lateral protrusion. Include a control protocol according to Section 6.7 of ASTM F2019 for each installation. The control protocol must include certification of approval by the liner manufacturer, including the following minimum information: a.Date and time b.Length of liner c.Location of installation d.Curing speed e.Light sources and wattage f.Inner air pressure g.Exothermic (curing) temperature 4.Certification from resin manufacturer regarding resin. 5.Certification from resin manufacturer regarding approval of resin dye quantity and type. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 5 6.Information on the maximum allowable tensile stress for the tube from the felt manufacturer. 7.The Contractor shall furnish Material Safety Data Sheets for all appropriate materials to be used in the project. 8.All measurements made by the Contractor to verify length and diameter of pipe prior to ordering of material. 9.One complete set of DVDs/USB drive from each of the pre-installation television inspections performed. C. Results of field quality control monitoring, laboratory testing of field samples and video inspections: 1.Curing logs showing temperature and pressure readings. 2.Results of field sample testing as specified in Section 3.04. 3.One complete set of DVDs/USB drive and log from each of the post-installation television inspections performed as specified in Section 3.05. 1.08 DELIVERY, STORAGE AND HANDLING A. Care shall be taken in shipping, handling and storage to avoid damaging the liner. Extra care shall be taken during extreme heat or extreme cold weather construction. Any liner damaged in shipment shall be replaced as directed by the Engineer. B. Any liner showing a split or tear, or which has received a blow that may have caused damage, even though damage may not be visible, shall be marked as rejected and removed at once from the job site. C. The liner shall be maintained at a proper temperature in refrigerated facilities to prevent premature curing at all times prior to installation. Extra care shall also be taken in hot weather construction. The liner shall be protected from UV light prior to installation. Any liner showing evidence of premature curing will be rejected for use and will be removed from the site immediately. D. Any liner that has a shelf life over six months will be rejected. All liners shall have a record with the date the material was manufactured. 1.09 WARRANTY The Contractor shall provide the Owner with a warranty to be in force and effect for a period of two (2) year from the date of final acceptance of the project by the Owner. The warranty shall cause the Contractor to repair or replace the liner should failure or damage result from faulty materials or installation. At the end of the warranty period, the Owner may perform a television inspection to confirm the condition of the liner. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 6 PART 2 - PRODUCTS 2.01 CURED-IN-PLACE PIPE (CIPP): A. General This specification provides for the rehabilitation of pipelines by the installation of Cured-in- Place Pipe (CIPP) in accordance with ASTM F 2019 and as modified herein. The cured-in- place pipe shall be a premium, corrosion resistant, styrene-free polyester, vinyl ester, and photo-initiator catalyst system. Curing is accomplished in accordance with the specified curing schedule supplied by the resin manufacturer or other method approved by the resin manufacturer and the Engineer. Installation of the CIPP shall be performed by a Contractor fully licensed by the lining process manufacturer. B. Materials 1.Tube: Furnish tubing that consists of at least two (2) separate tubes of corrosion resistant (E-CR or equivalent) glass fibers according to ASTM D578 and ASTM F2019. The tube will be constructed to withstand installation forces and have sufficient strength to bridge missing pipe. Fabricate the tube to a size that when installed, conforms to the internal circumference and length of the host pipe. Verify pipe diameters prior to ordering tubing Make allowance for circumferential or longitudinal stretching during installation. Provide flexible tubing exhibiting the following characteristics: a.Homogeneous wall thickness. b.Contains no intermediate or encapsulated elastomeric layers. c.Contains no material that may cause delamination in the cured UV-CIPP liner. d.Have an inner foil layer or calibration hose to contain resin and be removed after completion of installation unless inner foil is a permanent part of the system and fabricated as an integral part of the tube by bonding or fusing. e.Sewn or bonded seams, as recommended by the tube manufacturer, stronger than the non-seamed material. The tube manufacturer shall provide to the Contractor the minimum pressure required to hold the tube tight against the host pipe, and the maximum allowable pressure so as not to damage the tube, and shall submit same to the Engineer at the preconstruction conference. Unless otherwise specified, the tube shall be fabricated to a size that when installed will tightly fit the internal circumference of the original conduit to be lined. The Contractor shall be responsible for ensuring that the material is the correct circumference and length prior to ordering and installation. Prior to insertion, the liner tube shall be free of all visible tears, holes, cuts, foreign DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 7 materials, and other defects. 2.Resin: Furnish styrene-free resin meeting the requirements of ASTM F2019. The installed liner system will comply with the structural and chemical resistance requirements as specified. Provide thermosetting styrene-free polyester, vinyl ester, or photo-initiator catalyst system compatible with the UV curing equipment and installation process, with the ability to cure in the presence or absence of water, and with a curing initiation temperature as recommended by the resin manufacturer. Resins created from recycled materials are not allowed. Furnish fully-impregnated liner directly from the manufacturer, including required certification documentation according to ASTM F2019. No onsite or mobile impregnation will be allowed. Resins shall be tinted for visibility and provide indication of adequate liner wet-out. The initiation temperature for cure shall be as recommended by the resin manufacturer and approved by the Engineer. Upon request, the Contractor shall furnish satisfactory written certification that the materials comply with the manufacturer’s standards and the reference specifications The liner shall be fabricated from materials which, when cured, will be chemically resistant to withstand exposure to normal stormwater. Resin shall form no excessive bubbling or wrinkling during lining. The Contractor shall submit documentation from the resin manufacturer specifically describing the chemical characteristics of the resin system, including allowable mixing, impregnations, and handling time, transportation and storage time, and recommended curing cycle, pressures and times. If remedial measures are available to extend either of the maximum allowable times indicated above, without affecting the physical properties of the resin, the resin manufacturer should describe these measures and the time limits beyond which even these measures will not prevent alteration of the physical properties of the resin. 3.Minimum Criteria: The minimum criteria given in the specifications shall not be lowered to accommodate test values less than the required minimum. C. Structural Requirements The cured CIPP shall conform to the minimum physical properties, as listed below: DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 8 Table 1. CIPP Physical Properties Characteristic Test Method Polyester Resins Flexural Strength ASTM D 790 6,500 psi Flexural Modulus of Elasticity (Initial) ASTM D 790 725,000 psi (min) The newly installed pipe shall be designed for a minimum fifty-year continuous loading condition. The liner pipe shall be designed as a stand-alone pipe capable of sustaining live and dead loads. The design of the pipe shall be based on the requirements of ASTM F2019, ASTM F1216 Appendix X1, ASTM F1743, and meet the following conditions and parameters: Condition Parameter Service Life: Greater than 50 years Pipe condition: Existing pipe fully deteriorated. Bury depth to top of conduit: As indicated on the drawings (deepest invert between manholes, less nominal pipe diameter). External water pressure: At the pipe crown. Soil density: 110 lbs/cubic foot. Trench width: Nominal pipe diameter plus 2 feet. Traffic load: HS-20 highway loading. Maximum Deflection: 5% Cured Resin Creep: 50% Extra thickness for resin migration: 7%. Pipe Ovality: 2% Modulus of Soil Reaction: 700 psi Enhancement Factor: 7.0 Design Safety Factor: 2 Calculations to determine wall thickness requirements of the liner pipe shall be submitted to the Engineer prior to construction. Design assumptions must be clearly stated. Design submittals must be signed and stamped by a registered professional engineer. D. CHEMICAL RESISTANCE Chemical resistance shall be in accordance with the requirements of Section 8 of ASTM F 1216, Section X2, Chemical Resistance Tests for styrene-free polyester, or vinyl ester, and completed in accordance with Test Method D 543. Exposure should be for a minimum of one month at 73.4 degrees F when subjected to the following solutions: DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 9 Chemical Solution Concentration, % Tap Water (ph 6-9) 100 Nitric Acid 5 Phosphorus Acid 10 Sulphuric Acid 10 Gasoline 100 Vegetable Oil 100 Detergent 0.1 Soap 0.1 The Contractor shall be responsible for all costs associated with the chemical resistance tests. Proof of meeting these requirements shall be provided to the Engineer for approval at least 7 days prior to the commencement of work. 2.02 PIPE LINER END SEAL A. The hydrophilic end seals completely seal the liner from any annular space leakage between the liner and the host pipe. The use of caulking, rope or band type of an end seal will not be allowed. Hydrophilic end seals must be one of the following: 1.Tubular hydrophilic sleeve, 3.5 inches in length. Product shall be Insignia End Seal by LMK Technologies, or approved equal. PART 3 - EXECUTION 3.01 PUBLIC NOTIFICATION The Contractor shall make every effort to maintain service usage throughout the duration of the project. Service lines shall not be disrupted for more than an 8-hour period. A public notification program shall be implemented, and shall as a minimum, require, the Contractor to be responsible for contacting each home or business connected to the pipeline and informing them of the work to be conducted, and when the pipeline will be off-line. The Contractor shall also deliver a written notice to each home or business the day prior to the beginning of work, and telephone number of the Contractor they can call to discuss any problem which may arise. The Contractor shall personally contact any home or business which cannot be reconnected within the time stated in the written notice. 3.02 INSTALLATION PREPARATION: DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 10 A. Sequence of Work: The contractor shall perform the work in the following sequence. 1.Determine flows and bypass pumping required. 2.Clean the pipeline. 3.Divert pipeline flow (if necessary) 4.Pre-insertion internal CCTV inspection. 5.Removal of protruding taps, spot repairs and cleaning as necessary. 6.Install the liner. 7.Reinstate internal service connections. 8.Post Insertion internal CCTV inspection B. Pre-Installation Inspection of pipelines: The inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles, and service connections using closed circuit television (CCTV) for non-man entry or manually for man entry. The interior of each pipeline shall be carefully inspected before installation of CIPP to determine the location of any conditions that may prevent proper installation of CIPP into pipeline. All such conditions shall be documented and corrected before CIPP installation. Accurate in- pipe documentation measures shall be utilized to record the distance or measurement for each service line and obstruction. The manhole identification system used on the contract drawings shall be utilized in all project documentation. The Contractor shall keep a suitable log for reference and shall record all CCTV inspections on DVD/USB drive. The Contractor shall provide the Owner with a copy of all inspection DVD/USB drives and logs. C. Pre-insertion Cleaning: The Contractor shall be responsible for cleaning the existing pipeline to be lined, removing debris, mineral deposits, and loose foreign material. Debris shall be collected and removed downstream of the sections to be lined. The material cannot be flushed into the next section of pipe. The Contractor shall take precautions to prevent damage to the existing host pipe during the cleaning process. The Owner shall be present during the cleaning operation. The Contractor shall remove any existing lateral taps which protrude into the existing pipeline. Protruding taps discovered during the pre-installation inspection shall be removed by the Contractor with prior approval of the Engineer and paid under the same bid item, if applicable or per a price agreed to in advance of the work. Contractor shall either allow the Owner and Engineer to view the CCTV inspection as it is completed or provide the Owner and Engineer with copies of the cleaned pipe lines to be lined for review to ensure that the pipelines have been adequately cleaned prior to CIPP installation. If the cleaning is not acceptable to the Owner or Engineer, Contractor shall reclean and re-TV the pipeline to the Owner/Engineer's satisfaction. The OWNER will allow for the disposal of water and debris collected during the pre-insertion clean to be discharged at the Stormwater Sedimentation Collection Facility. D. Line Obstructions: If an obstruction in the existing pipe (such as, but not limited to heavy solids, dropped joints, or collapsed pipe) that cannot be removed by conventional pipe cleaning methods or prohibits CIPP of the server main, then a point repair or an obstruction removal shall be made by the Contractor, with the prior approval of the Owner and Engineer. Protruding taps may be robotically trimmed from within the pipeline or repaired with a PVC wye and couplings or with a new watertight saddle connection. All point repairs DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 11 or obstruction removals requiring an external dig shall be considered a separate pay item. E. Handling of Pipe: All pipe furnished by the Contractor shall be stored on clean, level ground to prevent undue scratching or gouging of the pipe. The stacking of pipe during storage should be done according to manufacturer's recommendations. The handling of the pipe should be done in such a manner that it is not damaged by dragging over sharp objects or by lifting equipment. F. By-Passing Flow: The Contractor shall make arrangements for maintaining stormwater service when a main is being lined including by-pass pumping as required. Under no circumstances shall the dumping of stormwater on streets or private property be allowed. No separate payment shall be made for by-passing pumping or other measures necessary to maintain stormwater service. Bypass pumping shall consist of base flow bypass and emergency storm event bypass operations, see Section 01010 Summary of work for additional information. Contractor shall demonstrate preparations for emergency backup equipment including pumps, pipe, and generating equipment. No stormwater mains shall be blocked until such equipment is on-site. The CONTRACTOR’s traffic control plan shall include provisions for both base flow and emergency bypass pumping operations. Bypass system features shall not impede traffic or access to homes/businesses. The Contractor shall utilize traffic rated pipe ramps on streets to allow the traveling public to move through the affected corridors without impacting the Contractor’s operations. Contractor is required to coordinate with local businesses, residents, and the governing agency of the road being crossed to determine the required number, location, and configuration of traffic ramps. Contractor shall also post the recommended speed reduction for proper use and protection of any ramps and bypass line connections installed. G. Excavation: All excavation shall conform to the following specification. Reference is made to Section 02221 entitled “Trench Excavation and Backfill for pipelines and Appurtenant Structures.” Such excavation will include but not necessarily be limited to building service reconnections, main line replace/repair, and excavation at the main through which pipe liner is to be installed. H. Service Locations: The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing and curing the CIPP. Contractor shall coordinate with the Owner to only reconnect the active services. 3.03 INSTALLATION PROCEDURES - CURED-IN-PLACE PIPE (CIPP): The method of installation shall be according to ASTM F2019 and compatible with the manufacturer's recommended practices. The Contractor shall, in his submittals, provide detailed information on the procedure and the steps to be followed for the installation of the CIPP. All such instructions and procedures shall be submitted at the preconstruction conference and shall be carefully followed. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 12 A. Insertion: The Contractor shall transport and store tube in an appropriate manner until it is inserted through an existing manhole by technique/process approved by the Engineer. The transport and storage time shall comply with submittals received. Do not modify the existing manhole structures unless authorized by the City. If due to negligence an existing manhole (bench, barrel, chimney, grade rings, ring or cover) is damaged, the contractor shall recommend a repair method acceptable to the City and repair the manhole at no additional cost to the City. Do not put undue stress on existing structures Apply constant winch tension to pull the liner into place to extend fully between the access manhole and next designated manhole or termination point. Do not exceed Manufacturer’s recommended pulling speed and tension. Should the overall elongation exceed the Manufacturer’s recommendations, the liner will be rejected and replaced at no additional cost. Incrementally pressurize the liner to the recommended inner pressure. Apply sufficient pressure head to hold the liner tight to the pipe wall. Maintain pressure to allow water pockets to exfiltrate through the host pipe, overcome external hydrostatic pressure, and prevent lifts in the liner. Do not allow workers in the manhole during pressurization of the liner. Properly install and attach packers and clamping straps. When constant positive pressure is specified, maintain internal pressure above the springline against the crown of the pipe from insertion to final curing without any loss of pressure. Individual insertion runs may be made over one or more manhole sections as determined in the field by the Contractor and approved by the Engineer. The pressure required to hold the flexible tube tight against the host pipe, per manufacturer's submittal, shall be maintained until the cure has been completed. Should the pressure deviate more than 2.3 ft. of water (1 psi) from the required minimum pressure at either end of the section, the installed tube shall be removed from the host conduit at the Contractor’s expense. The Contractor shall provide the Engineer with a continuous log of pressure during cure. Segments of liner that have been resin impregnated and placed in the host conduit and then are found to be too short shall be removed without curing and discarded at the Contractor’s expense. Removal of the uncured, resin impregnated liner shall be accomplished in such a way as to minimize the amount of resin allowed to escape. The Contractor shall be responsible for cleanup of all escaped resin. The Contractor shall submit a plan for the process of removing resin impregnated, uncured line from the host conduit, including protection of the host system from escaping resin, to the Engineer prior to the first installation process. B. Curing: Provide a UV light train that meets the following requirements: 1.minimum of one camera for UV-CCTV inspection of the liner, 2.size of the light train is appropriate for the pipe diameter, 3.UV bulbs are in proper proximity to the liner wall all around the pipe circumference, 4.sensors to record the cure progress, 5.logged hours of individual UV Lights incorporated in the light train is less than 80% DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 13 of the manufacturer’s stated usage rate Maintain light train usage log on-site and submit to City’s Construction Manager upon request. Operate the ultraviolet curing lamps at a sufficient output and in a sufficient frequency range to ensure curing of the resin. Optimize the multi-lamp ultraviolet curing lights and resin photo-initiator system for curing of the provided resin. Assemble the UV light train according to the manufacturer’s recommendations for the sewer pipe and liner diameter. Cure the liner according to the curing protocol, as approved. Maintain light train speed per the manufacturer’s requirements, and to assure exothermic reaction has completed. Do not pull the UV light train in a downhill direction during the curing process unless otherwise approved. Approval will not be given where pipe slopes are greater than or equal to 3.0%. Collect curing data and UV-CCTV inspection records during the installation and curing process. Submit copies to the City for review. Where the curing data and the curing protocol differ, the City reserves the right to require additional “in pipe” sampling and testing at no additional cost. C. Sealing at Manholes: Form a tight seal between the CIPP and the manhole wall at the pipe penetration. Do not leave any annular gaps. Seal the annular space with a hydrophilic end seal. Seal any annular spaces greater than ½-inch with manhole wall repair material. Finish off the seal with a non-shrink grout or cementitous liner material placed around the pipe opening from inside the manhole in a band at least 3.5 inches wide. Sealing of pipes at manholes shall be considered incidental to the liner installation and no separate payment shall be made. D. Finished Pipe: The finished CIPP shall be continuous over the entire length from manhole to manhole and be free from visual defects such as foreign inclusions, dry spots, lifts, delaminations, wrinkles, pinholes, and other deformities. Liner that is found to be too small or too large in circumference when curing is completed shall be considered a failed liner. Correction, removal, or repair of the failed liner shall be the responsibility of the Contractor at no extra cost to the Owner. Indicators include, but are not limited to, gaps between the liner and the host conduit, cracks in the line, and wrinkles/folds in the liner. Acceptable method of correction, removal, or repair shall be at the sole discretion of the Engineer and shall be approved in writing by the Engineer with prior field demonstration if required by the Engineer. E. Service Reinstatement: It shall be the Contractor’s responsibility to accurately field locate all existing service connections, whether in service or not. The Contractor shall reinstate all service connections unless directed otherwise in writing by the Owner or DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 14 Engineer. Service laterals shall be reinstated to not less than 95% and not more than 100% of the size and configuration of the existing service. The Contractor shall be responsible for restoring/correcting, without any delay, all missed or faulty reconnections, as well as for any damage to property owners for not reconnecting the services. It is the intent of these specifications that branch connections be reopened without excavation, utilizing a remote controlled cutting device, monitored by CCTV. Initially, each lateral shall be relieved by cutting a 2 to 3-inch hole to ensure that no services will be interrupted and there will be no risk of backed up lines. Once this is accomplished, each lateral shall be fully reopened to a minimum of 95% of its original size. The Contractor shall maintain on the jobsite a minimum of two (2) complete working cutters plus key spare components. No additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work. 3.04 TESTING: A. The Contractor shall collect representative sample coupons from the cured CIPP for testing as described herein. Coupons shall be taken from the lesser of either 15% of the manholes on the project or a representative sample for each liner diameter and thickness installed on the project. The Contractor shall stamp or mark the test pieces with the date of manufacture and manhole number. These samples shall be incidental to the price of liner installation. B. For each sample location, the Contractor shall provide two (2) CIPP samples in accordance with paragraphs 8.1 through 8.1.3 of ASTM F 1216. C. The Contractor shall provide certified laboratory test results of the following: 1.The Contractor shall provide certified test results of the short-term properties of the cured lining material in the quantity of one test per liner batch, or 3,000 feet of installed liner, or as required by the Owner. The liner shall be in compliance with the physical properties described in these Specifications. Flexural strength and modulus shall be tested in accordance with the requirements of ASTM D 790. For pressure line, tensile strength and modulus of elasticity shall be tested in accordance with the requirements of ASTM D 638. 2.The wall thickness will be measured in accordance with the applicable sections of ASTM Test Method D5813 and D3567. 3.05 FINAL ACCEPTANCE: The inspection shall be done no later than one week after completion of the lining. Visual inspection of the completed CIPP shall be in accordance with paragraph 8.7 of ASTM F 1216. The Contractor shall keep a suitable log for the reference and shall record the final CCTV inspections on DVD/USB drives and logs. The Contractor shall perform a close-circuit television inspection after installation and service line reconnection has been completed. The Contractor shall DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 REHABILITATION BY UV LIGHT CURED-IN-PLACE PIPE Sec 014 - 15 notify the Engineer of the inspection schedule not less than 48 hours prior to conducting the inspection, and shall permit the Engineer to view the inspections. The Contractor shall use a 360- degree radial view camera for close up views showing completed work, including the condition of restored taps. Unedited DVD/USB drives and a suitable log shall be provided to the Owner and Engineer to be kept for review. The installation of the CIPP shall not be considered substantially complete until the video inspection is received and reviewed by the Engineer. This work shall be considered incidental to the CIPP installation for which no separate payment will be made. Any defects which will affect the integrity or strength of the CIPP, in the opinion of the Owner or Engineer, shall be repaired at Contractor expense in a manner satisfactory to the Owner and Engineer. The finished product shall have no visual and material defects, no defects in smoothness and continuity, except where anticipated by the precondition of the existing pipe. The finished product shall be free of pinholes, folds and wrinkles. 3.06 CLEANUP: After the installation has been completed and accepted, the Contractor shall clean up the entire project area and return area affected by the operation to a condition at least equal to that existing prior to the work. All excess material and debris shall be disposed of by the Contractor. END OF SECTION 014 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 Section 014 QUOTE FORM Page 1 of 4 QUOTE FORM 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St. TO: Stormwater Division P.O. Box 1230 Bozeman, MT 59771-1230 THE UNDERSIGNED CONTRACTOR, having familiarized themselves with the work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the work, and having satisfied themselves of the expense and difficulties attending performance of the work. HEREBY PROPOSES AND AGREES, if this quote is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of the 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St., including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the work; bonds, insurance and submittals; all as indicated or specified in the Contract Documents to be performed or furnished by the Contractor within the time and for the prices set forth in the following schedules. The undersigned Contractor agrees to be bound by this quote for a period not to exceed that specified in the Invitation to Submit Quote. The undersigned Contractor agrees to furnish the required bonds and to enter into a contract within fifteen (15) calendar days after the City of Bozeman's acceptance of this quote and further agrees to complete all work within the time specified per schedule after the commencement of the contract time as defined in the General Conditions. The allowed contract time is 25 calendar days. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in the Agreement Form. The undersigned Contractor agrees that the unit prices shall govern in checking the quote, and should a discrepancy exist in the total prices and total amount of quote as listed above, after extensions are checked and corrections made, if any, the total amount of the quote as corrected shall be used in awarding the contract. The undersigned Contractor agrees that they have been afforded access to the construction site and has performed those independent site investigations as they deemed necessary. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK # __________ PO Box 1230 ⋅ Bozeman, MT 59771-1230 (406) 582-2334 Pay To: Montana Department of Revenue Date Paid: TOTAL $ ____________ VENDOR # ____________ DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. _ DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: _________ I, the undersigned, do solemnly swear, that I am of________________________________________________ OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS# or Tax ID#_______________Business License # ___________________ THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 CITY OF BOZEMAN ACCOUNTS PAYABLE CHECK # __________ PO Box 1230 ⋅ Bozeman, MT 59771-1230 (406) 582-2334 Pay To: Date Paid: TOTAL $ ________________ Address: VENDOR # ________________ DATE INVOICE# Fund Account Object Project DESCRIPTION AMOUNT TOTAL CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. _ DEPARTMENT HEAD OR DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: _________ I, the undersigned, do solemnly swear, that I am of _ Official Title Company or Corporation I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone: SS# or Tax ID# Business License # ___ ________ THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 APPENDIX A: Project Drawings Page 1 of 1 Appendix A: Project Drawings 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St. The following documents shall be made a part of the Contract Documents: 2022-23 Stormwater Improvements – S. Tracy Ave. / Cleveland St.: Sheets G00, G01, and C01 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 GREAT FALLS BILLINGS HARDIN SIDNEY GLENDIVE LEWISTOWN BOZEMAN DILLON BUTTE HELENA MISSOULA KALISPELL SHELBY GLASGOW MILES CITY HAVRE MONTANA ANACONDA 406-586-8834 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 WWW.DOWL.COM PREPARED FOR: PREPARED BY:PROJECT LOCATION CONSTRUCTION DRAWINGS FOR CITY OF BOZEMAN 2022-23 STORMWATER IMPROVEMENTS SOUTH TRACY AVE. / CLEVELAND ST. SECTION 18; TOWNSHIP 02S, RANGE 06E GALLATIN COUNTY, MONTANA 07/12/2022 G00 SHEET INDEX SHEET NO.TITLE Paul S. Yakawich, P.E. 16790 SR. WATER RESOURCES ENGINEER DOWL BID SET CITY OF BOZEMAN STORMWATER DIVISION 20 EAST OLIVE ST. BOZEMAN, MT 59771 7/12/2022 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SOUTH TRACY AVE.WEST CLEVELAND ST. 23.6' WIDE STORMWATER EASEMENT PER SOPER MINOR SUB PRELIMINARY PLAT 20.0' STORMWATER EASEMENT PER MISC. 22 PG 302SOUTH WILSON AVE.SOUTH BLACK AVE.SD SD GENERAL NOTES EXISTING ITEMS G G SD W COMMON ABBREVIATIONS E OE S GENERAL PROJECT LEGEND PROPOSED ITEMS OVERALL SITE MAP G01 AND OVERALL SITE MAPGENERAL NOTES, LEGEND, ABBREVIATIONS,CITY OF BOZEMAN 2022-23 STORMWATER IMPROVEMENTS S.TRACY AVE. / CLEVELAND ST.406-586-88341283 N. 14th Ave. Suite 101Bozeman, Montana 59715WWW.DOWL.COMBID SET 07/12/2022 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 SOUTH TRACY AVE.WEST CLEVELAND ST. C01 PLAN & PROFILE - STA. 0+00 TO 3+00CLEVELAND STREET STORMWATERCITY OF BOZEMAN 2022-23 STORMWATER IMPROVEMENTS S.TRACY AVE. / CLEVELAND ST.406-586-88341283 N. 14th Ave. Suite 101Bozeman, Montana 59715WWW.DOWL.COMBID SET 07/12/2022 1 C01 EX. VCP TO HDPE JOINT NTS DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466 DocuSign Envelope ID: 268438DB-AD53-4C35-B7CF-52FD331C5466