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COB Municipal Groundwater Test Wells_Contract Docs and Construction Specs r4b
CITY OF BOZEMAN MUNICIPAL GROUNDWATER TEST WELLS CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS PREPARED FOR: City of Bozeman Engineering Division 20 East Olive Street P.O. Box 1230 Bozeman, MT 59771 Ph. (406) 582-2280 Fax (406) 582-2263 PREPARED BY: RESPEC 3810 Valley Commons Drive, Suite 4 Bozeman, MT 59718 Ph. (406) 284-2525 SEPTEMBER 2022 Project Number W0022.21001 RSI-W0022.21001 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation for Bids Instructions to Bidders Bid Form Bid Bond Non-Discrimination Affirmation & Equal Pay Form Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contract Supplementary Conditions to the General Conditions Montana Prevailing Wage Rates Notice of Award Notice to Proceed Change Order Field Orders Work Change Directive CONSTRUCTION SPECIFICATIONS Montana Public Works Standard Specifications (MPWSS) City of Bozeman modifications to the MPWSS Supplemental Construction Specifications Section 007000 Special Provisions Section 012000 Measurement and Payment Section 332124 Water Wells RSI-W0022.21001 APPENDICES Construction Drawings Existing Well Logs at Gallatin High School INVITATION FOR BIDS Page 1 of 2 CITY OF BOZEMAN, MONTANA I N V I T A T I O N F O R B I D S NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: City of Bozeman Municipal Groundwater Test Wells Separate sealed Bids for Construction of the City of Bozeman Municipal Groundwater Test Wells Project will be received by the City Clerk’s Office in City Hall, 121 North Rouse Avenue, Suite 201, Bozeman, Montana 59715 until 2:00 p.m. (local time) on Wednesday, October 12th, 2022, and then publicly opened and read aloud. Late bids will not be considered. Original copies must be submitted; no faxed or electronic bids will be accepted. A.) The physical address for hand-delivery or shipping of bids is: City Clerk’s Office, Suite 201, City Hall, North Rouse Avenue, Bozeman, MT 59715 B.) The address for USPS mailing of bids is: City Clerk’s Office, Suite 201, City Hall, P.O. Box 1230, Bozeman, Montana 59771-1230 Project Description: Work to include drilling of a Test Well and Monitoring Well at the Sports Park location near the intersection of Oak Street and Flanders Mill in Bozeman, MT. Subsequent work includes installation of a test pump and equipment to support a 72-hour pumping test of the Test Well. The Contract Documents may be examined and obtained at the RESPEC office at 3810 Valley Commons Drive #4, Bozeman, MT 59718. The required deposit is $75.00 for a physical copy of the Construction Specifications and Contract Documents booklet, which is non-refundable. The required deposit is $25.00 for a digital copy of the Construction Specifications and Contract Documents booklet, which is non-refundable. Purchase of a physical copy will be required to bid. Purchase of a physical copy will also include a digital copy of the documents. There will be an optional Pre-Bid Conference at 10:00 a.m. on Tuesday, October 4th, 2022, at the RESPEC office at 3810 Valley Commons Drive, #4, Bozeman, MT 59718. The pre-bid conference will include a visit to the construction site at the Bozeman Sports Park if requested by interested attendees. CONTRACTOR and any of the CONTRACTOR’S subcontractors bidding or doing work on this project will be required to register with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, P.O. Box 8011, 1805 Prospect, Helena, MT 59604-8011. Information on registration can be obtained by calling: (406) 444-7734. The CONTRACTOR is not required to have registered with the DLI prior to bidding on this project but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. The City of Bozeman is an Equal Opportunity Employer. INVITATION FOR BIDS Page 2 of 2 Discrimination in the performance of any agreement awarded under this project on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this project and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3- 104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent "best practices publication" and has read the material. Each Bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the Bid. Successful BIDDERS shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. No Bid may be withdrawn after the scheduled time for the public opening of bids. The City of Bozeman reserves the right to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. The Contractor is required to be an Equal Opportunity Employer. DATED at Bozeman, Montana, this 18th day of September 2022. Mike Maas, Bozeman City Clerk Published Legal Ad, Bozeman, Montana September 18, 2022 October 2, 2022 INSTRUCTIONS TO BIDDERS Page 1 INSTRUCTIONS TO BIDDERS 1.BIDS a.The Bid Form included within the Bid Documents is to be used for bid submittal. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the bid being submitted may be rejected as irregular. b.A bid shall be submitted no later than the date and time prescribed and as indicated in the Invitation for Bids. The bid shall include the name and address of the Bidder and shall be accompanied by the Bid Security, Nondiscrimination Affirmation Form, and other required documents. c.Contract Documents may be viewed and/or purchased at the following location: RESPEC 3810 Valley Commons Drive, #4 Bozeman, MT 59718 Phone: (406) 284-2525 2. BID SECURITY The Bid must be accompanied by a Bid Security which shall not be less than 10 percent of the amount of the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check, bank money order, or bank draft drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of Montana. No bid will be considered unless it is accompanied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to the City of Bozeman. The Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned to un- successful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory INSTRUCTIONS TO BIDDERS Page 2 Performance and Labor and Material Payment Bonds. At the option of the Owner, bid security with bids that are not competitive may be returned prior to signature of the Agreement. Revised Bids submitted before the opening of bids, if representing an increase in the original bid, must have the Bid Security adjusted accordingly; otherwise, the bid will not be accepted. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form (EJCDC C-430) bound herewith. 3. SUBSTITUTE AND “OR-EQUAL” ITEMS The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. .4 INTERPRETATIONS AND/OR ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda emailed to all Planholders. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It shall be the responsibility of the Bidder to download such Addenda prior to submitting his online bid. 5. EXAMINATION OF CONTRACT DOCUMENTS AND CONDITIONS OF WORK SITE a. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 1. Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor, and should fully inform himself as to the facilities involved, and the difficulties and restrictions attending the performance of the Contract. In submitting a bid for this project, the Bidder is thereby acknowledging that he is capable of performing the specified work on the site. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents, and shall verify the accuracy of the estimated quantities in the Bid Proposal. Failure to do so will not relieve the successful Bidder of his obligations to carry out the provisions of this Contract. INSTRUCTIONS TO BIDDERS Page 3 2. The submission of a Bid will constitute a representation of familiarization by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. b. The Contractor may refer to the following for information regarding site conditions: 1. Those reports, if any, of explorations and tests of subsurface conditions at the site which have been prepared by the Owner and are included as part of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon the completeness thereof for the purposes of bidding or construction. 2. Those drawings of physical conditions in or relating to the existing surface and subsurface conditions which are at or contiguous to the site (except Underground Facilities) which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. c. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. f. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. h. The submission of a Bid will constitute representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6.TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 7.OPENING OF BIDS At the time for the opening of bids, the Owner will cause to be opened and publicly read aloud every bid received within the time set for receiving Bids, irrespective of any irregularities therein, except bids that do not contain either the bid bond or non-discrimination affirmation, which will not be read. Bidders and other persons properly interested may be present, in person or by representative. INSTRUCTIONS TO BIDDERS Page 4 INSTRUCTIONS TO BIDDERS Page 5 8. WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance with the foregoing conditions shall be returned promptly. No bids shall be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. 9. METHOD OF AWARD a.Award of the contract shall be to the lowest “responsible” Bidder whose total base bid (if within the funds available) is the lowest “responsible” bid for the work. b. If such lowest bid exceeds the budget, the Owner may reject all bids. c. The Owner reserves the right to reject any or all bids or to waive any irregularity or informality in any bid received. The Owner reserves the right to determine what constitutes material and/or immaterial informalities and/or irregularities. d. The Owner shall award such contract to the lowest “responsible” bidder (18-1-102 MCA). The term “responsible” does not refer to pecuniary ability only, or the ability to tender sufficient performance and payment bonds. The term “responsible” includes, but is not limited to: 1. Having adequate financial resources to perform the contract or the ability to obtain them; 2. Being able to comply with the required delivery, duration, and performance schedule; 3. Having a satisfactory record of integrity and business ethics; 4. Having the necessary production, construction, technical equipment, and facilities, and; 5. Having the technical skill, ability, capacity, integrity, performance, experience, lack of claims and disputes, lack of actions on bonds, lack of mediations, arbitrations and/or lawsuits related to construction work or performance, and such like. e. Unless otherwise stated in the Special Provisions, all contracts will be awarded in conformance with the laws of the State of Montana. Pursuant to Section 18-1-102, Montana Code Annotated, the Owner, in awarding public contracts for construction, repair, and public works of all kinds, shall award such contract to the lowest responsible Bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of any non-resident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country. f. The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified and responsible to carry out the obligations of the Agreement and to complete the Work contemplated therein. INSTRUCTIONS TO BIDDERS Page 6 10. PRE-AWARD CONFERENCE The Bidder submitting what appears to be the lowest “responsible” bid may be required to meet with the Engineer prior to the award of the contract for the purpose of discussing pertinent details pertaining to the proposed Work. The following points will be considered in particular: a. The Contractor's organization and equipment available for work and the Contractor's proposed sources of materials or installed equipment. b. Contractor's financial status and capability to execute the contract. c. The Contractor's proposed schedule of operations. d. The interpretation of the Specifications. e. The Contractor's proposed wage rates for use on the project. f. Bidder status concerning “responsibility”. g. Approval of subcontractors. h. Unbalanced bids, either in excess or below the reasonable cost analysis value. Should the conference indicate that the Contractor does not appear to be in a position to properly undertake the Work or that he has not properly familiarized himself with the Plans and Specifications, the Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder. 11. EXECUTION OF AGREEMENT a. Subsequent to the award and within 10 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument. b. The Agreement form shall be signed in longhand by the proper representatives of the contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm. 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign. 4. Other persons signing for a single-owner firm or a partnership shall attach a Power of Attorney evidencing his authority to sign for that firm. c. The Owner within 30 days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, required Insurance Certificates, and Agreement signed by the party to whom INSTRUCTIONS TO BIDDERS Page 7 the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. 12. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract. b. The Owner will require the successful Contractor to furnish a Labor and Material Payment Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. c. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed with the Owner. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents. 13. POWER OF ATTORNEY a. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. b. One original shall be furnished with each set of bonds. c. Additional copies furnished with a set of bonds may be copies of that original. 14. LABOR AND WAGES a. For public projects in excess of $25,000 let, the Contractor(s) shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable in the county or locality in which the work is being performed (18-2-403, Montana Code Annotated). b. On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor’s workers performing labor on the project are bona fide Montana residents, as defined in 18-2-401, (18-2-409, MCA). INSTRUCTIONS TO BIDDERS Page 8 c. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402, Montana Code Annotated. A copy of the wage rates are bound herein. It is the Contractor’s responsibility to classify their workers in accordance with the craft of trade to be performed and pay the appropriate established prevailing wage rate. d. The Contractor shall classify all workers on the project in accordance with the Department of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates, the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, Wage and Hour Unit, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that particular worker. e. Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract. f. Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and employers who are performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages and fringe benefits to be paid to employees on such site or work area. g. Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or Engineer will be forwarded to the State of Montana, Department of Labor and Industry, Wage and Hour Unit, Helena, Montana. i. Safety Training. Contractor shall comply with the Occupational Safety and Health Act (OSHA). 15. EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. The Owner is an equal opportunity employer. 16. MONTANA CONTRACTOR'S TAX (GROSS RECEIPTS TAX) All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be withheld from all payments, for projects over $5,000.00, due to Contractor pursuant to Section 15-50-205, MCA. 17. PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site INSTRUCTIONS TO BIDDERS Page 9 of the work, or in the development of the project. Such records will contain the name and address of each employee, his correct classification, rates of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or with each Payment Request. The copies sent to the Owner and Engineer are for archive purposes only, because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will rely on the Contractor’s certification that all employees are being classified and paid appropriately. 18.MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. 19.NOTICE TO PROCEED 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 once the Contractor has procured project materials. Contract Time will commence no later than 120 days after the Agreement has been signed. 20.CONTRACT TIME The Contract Time will be as set forth in the Agreement. 21.LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Agreement. 22.MONTANA CONTRACTOR’S REGISTRATION Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to execution of the contract. 23.LICENSED WELL DRILLER Each bidder will be required to be registered and licensed with the State of Montana Board of Water Well Contractors prior to execution of the contract. BID FORM CITY OF BOZEMAN MUNICIPAL GROUNDWATER TEST WELLS THIS BID SUMBITTED TO: City Clerk 121 North Rouse Avenue P.O. Box 1230 Bozeman, Montana 59771-1230 1. The undersigned Bidder proposes and agrees if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents, to perform and furnish all Work as specified or inidicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid, and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that bidder may agree to in writing upon request of Owner. 3. In Submitting this Bid, Bidder represents, as set forth in the Agreement, that: a. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all wich is hereby acknowledged: Addendum No. Addendum Date ______________________________ _______________________________ ______________________________ _______________________________ ______________________________ _______________________________ b. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of Work. c. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of Work. d. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety programs incident thereto. e. Bidder does not consider that any further examinations, investigations, explorations, tests, studies or data are necessary for the determination of the Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. f. Bidder is aware of the general nature of the Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. g. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies and data with the Bidding Documents. h. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. i. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4. Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. The Bidder certifies that no official of the Owner, Engineer or any member of such official’s immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the Bidder. 5. The Bidder will complete the Work in accordance with the Contract Documents for the following price(s): a. Bidder acknowledges that estimated quantities are not guaranteed, and are soley for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. b. The undersigned agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed below after extensions are checked and corrections made, if any, the Total Amount of unit Prices Bid as corrected shall be used in awarding this Contract. c. The Owner reserves the right to reject any or all bids. 6. Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with the Agreement on or before the dates or within the number of calendar days indicated in the Agreement. 7. The following documents are attached to and made a condition of the Bid: a. Required Bid Security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond identified in the Instructions to Bidders. b. Contractor License number or covenant to obtain within time for acceptance of bids. c. Well drillers license d. Non-Discrimination Affirmation & Equal Pay form 8. The terms used in this Bid with initial capital letters have the same meaning as indicated in the Instructions to Bidders, General Conditions, and the Supplementary Conditions. RESPEC WWW.RESPEC.COM (406)-284-2525 ITEM NO. EST. QTY UNIT DESCRIPTION UNIT PRICE ($) TOTAL PRICE ($) PROJECT MOBILIZATION 1 1 LS Mobilization and Demobilization to site, including well report and contractor performed site work $ $ TEST WELL 2 500 LF Air-rotary drill 16-inch diameter borehole to total depth of 500 feet $ $ 3 500 LF Furnish and install 12-inch diameter steel well casing $ $ 4 175 LF Install grout seal from 175-foot depth to surface $ $ 5A 260 LF Perforate 12-inch casing at interval(s) directed by engineer $ $ 5B 260 LF Furnish and install 12-inch diameter stainless steel wire-wound well screen $ $ 6 260 LF Furnish and place sand/gravel pack at screened/perforated intervals $ $ 7 4 HR Develop well screen using drill rig $ $ 8 1 LS Furnish and install test pump, flow meter, and discharge control equipment and piping for pumping test $ $ 9 72 HR Conduct 72-hour pumping test $ $ MONITORING WELL 10 500 LF Air-rotary drill 6-inch diameter borehole to total depth of 500 feet $ $ 11 460 LF Furnish and install 4-inch diameter PVC well casing $ $ 12 175 LF Install grout seal from 175-foot depth to surface $ $ 13 40 LF Furnish and install 4-inch diameter PVC well screen $ $ 14 4 HR Develop well screen using drill rig $ $ 15 1 LS Furnish and install locking steel surface casing and cement surface pad $ $ TOTAL BID (Items 1-15) $ Notes: The above unit prices shall include all labor, supplies, equipment, and materials necessary to perform the work according to the specifications described in the Project Specifications. All quantities stipulated in the Price Schedule are approximate and are to be used only (a) as a basis for estimating the probable cost of the work and (b) for the purpose of comparing the bids submitted for the work. The actual amounts of work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work and materials for Unit Price Work will be the actual quantity of unit price items furnished for the project. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amounts herein. BID FORM CITY OF BOZEMAN MUNICIPAL GROUNDWATER TEST WELLS CITY OF BOZEMAN Page 1 Submitted on ___________________________________, 2022 Montana Contractor’s Registration # ______________________ Employer’s Tax ID # _____________________________________ IF BIDDER is: An Individual: ________________________________________________________________________ (Name typed or printed) By: _________________________________________________________________________________ _______ (SEAL) (Individual’s Signature) Doing business as: ___________________________________________________________________ Business Address: ___________________________________________________________________ Telephone # ____________________________________ FAX # ______________________________ A Partnership: _______________________________________________________________________ (Partnership Name) By: _____________________________________________________________________ _______ (SEAL) (Signature) ____________________________________________________________________________________ (Name typed or printed) Business Address: ___________________________________________________________________ Telephone # ____________________________________ FAX # ______________________________ A Corporation: _______________________________________________________________________ ______________________________________ (SEAL) (Corporation Name) State of Incorporation: ________________________________________________________________ Type (General Business, Professional, Service, Limited Liability): __________________________ By: _________________________________________________________________________________ (Signature of Authorized Representative) Print Name and Title: _________________________________________________________________ Attest: _______________________________________________________________(Corporate Seal) (Signature of Secretary) Business Address: ___________________________________________________________________ Telephone # ____________________________________ FAX # ______________________________ Date of Qualification To Do Business Is: ____________________________________ A Joint Venture: Each Joint Venture Must Sign Joint Venture Name: _________________________________________________________________ _______ (SEAL) (Name) By: _________________________________________________________________________________ (Signature of Joint Venture Partner) Name: ______________________________________________________________________________ (Name, printed or typed) Title: ________________________________________________________________________________ Business Address: ___________________________________________________________________ Telephone # ____________________________________ FAX # ______________________________ A Joint Venture: Each Joint Venture Must Sign Joint Venture Name: _________________________________________________________________ _______ (SEAL) (Name) By: _________________________________________________________________________________ (Signature of Joint Venture Partner) Name: ______________________________________________________________________________ (Name, printed or typed) Title: ________________________________________________________________________________ Business Address: ___________________________________________________________________ Telephone # ____________________________________ FAX # ______________________________ Address of Joint Venture for Receipt of Official Communication: Address: ____________________________________________________________________________ Telephone # ____________________________________ FAX # ______________________________ (Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) PENAL SUM FORM EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. PENAL SUM FORM EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 1.Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of thisBond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2.Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by theBidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (orany extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4.Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonablepromptness, identifying this Bond and the Project and including a statement of the amount due. 5.Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Awardincluding extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6.No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of defaultrequired in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7.Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located inthe state in which the Project is located. 8.Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addressesshown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by UnitedStates Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9.Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing theauthority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10.This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shallgovern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Section 00500 – 6th Edition AGREEMENT Page 1 of 8 SECTION 00500 AGREEMENT FORM This Agreement is dated as of the day of in the year , by and between , 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 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Article 2. THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Article 3. ENGINEER 3.01 The Project has been designed by: ____ _ who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Contractor to drill one 16-inch diameter test well to a depth of 500 feet including steel casing, steel screen, install pump and conduct a pumping test. Contractor is also to air-rotary drill a 6" diameter monitoring well to a depth of 500 feet including PVC casing, grout seal, PVC screen and locking surface casing. The project is to drill a test well, monitoring well and furnish both wells per the well details and specifications. RESPEC Engineering Section 00500 – 6th Edition AGREEMENT Page 2 of 8 Article 4. CONTRACT TIME 4.01 Time of the Essence. A. All the time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to achieve Substantial Completion. A. The Work will be substantially complete within days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions. 4.03 Liquidated damages. A. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner dollars ($ ) for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. Article 5. CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit prices are those listed in the Unit Price Schedule of the Bid Form attached as Exhibit A to this Agreement. Estimated quantities used for bidding purposes are not guaranteed. Payment will be for actual quantities as determined by Engineer in accordance with Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. Article 6. PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments: A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the Contract Documents. 90 five hundred 500 Section 00500 – 6th Edition AGREEMENT Page 3 of 8 6.02 Progress Payments; Retainage: A. Owner shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for that item. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the sum of the unit price items less the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, in accordance with paragraph 14.02 of the General Conditions. a. The Owner shall retain five percent (5%) of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. b. Retainage will be five percent (5%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.02 of the General Conditions). 2. Upon Substantial Completion and at the Owner’s discretion, the amount of retainage may be further reduced if requested by the Contractor. 6.03 Final Payment: A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.07. Article 7. INTEREST: 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 8. CONTRACTOR’S REPRESENTATION: 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents (including all Addenda) listed in paragraph 9 and the other related data identified in the Bidding Documents Section 00500 – 6th Edition AGREEMENT Page 4 of 8 B. Contractor has visited the site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Special Provisions as provided in paragraph 4.06 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor including applying the specific means, methods, techniques, sequences and procedures of construction, if any, expressly required by the Contract Documents to be employed by the Contractor, and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Section 00500 – 6th Edition AGREEMENT Page 5 of 8 Article 9. CONTRACT DOCUMENTS: 9.01 Contents A.The Contract Documents consist of the following: 1. This Agreement (Pages 1 to , inclusive); 2. Performance Bond (pages 1 to , inclusive); 3. Payment Bond (pages 1 to , inclusive); 4. Other Bonds (pages to , inclusive); a. (pages to , inclusive); b. (pages to , inclusive); c. (pages to , inclusive); 5. General Conditions (pages 1 to 6. Supplementary Conditions (pages 1 to 7. Special Provisions (pages 1 to 8. Specifications as listed in the table of contents of the Project Manual; 9.Drawings consisting of a cover sheet and sheets numbered through with each sheet bearing the following general title: _____; 10. Addenda (Numbers __________to _________, inclusive); 11. Exhibits to this Agreement (enumerated as follows): a. Notice To Proceed (pages 1 to , inclusive); b. Contractor's Bid (pages _____ to ____, inclusive); c. Documentation submitted by Contractor prior to Notice of Award (pages________ to ________, inclusive); 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b.Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A. are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. 8 3 3 68 , inclusive); 12 , inclusive); 13 , inclusive); 1 5 Groundwater Investigation - Phase 4 0 0 0 0 1 1 1 Section 00500 – 6th Edition AGREEMENT Page 6 of 8 D. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of the General Conditions. Article 10. MISCELLANEOUS: 10.01 Terms. A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract. A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.04 Severability A. Any provision of part of the Contract Documents held to be void or unenforceable under and Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Section 00500 – 6th Edition AGREEMENT Page 7 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed 6 copies of Agreement. Three counterparts have been delivered to Owner, two to Contractor and one to Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or by Engineer on their behalf. This Agreement will be effective on , (which is the effective date of the Agreement). Owner Contractor By By (Signature)(Signature) Attest Attest (Signature)(Signature) Address for giving notices: Address for giving notices: Phone No. Phone No. FAX No. FAX No. (CORPORATE SEAL) (SEAL) (If OWNER is a public body, attach evidence Contractor Registration No. of authority to sign and resolution or other documents authorizing execution of Owner - Agent for service of process: Contractor Agreement. (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Section 00500 – 6th Edition AGREEMENT Page 8 of 8 Owner’s Designated Representative: Contractor’s Designated Representative: Name:Name: Title: Title: Address: Address: Phone No.: Phone No.: FAX No.: FAX No.: END OF SECTION EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address):SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACTEffective Date of Agreement:Amount:Description (Name and Location): BONDBond Number:Date (Not earlier than Effective Date ofAgreement): Amount:Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each causethis Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal)(Seal)Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By:By:Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest:Attest:Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except toparticipate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, thatOwner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner’s right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense,take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon aspracticable after the amount is determined, tender payment therefor to Owner; or2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall bedeemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner toSurety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforceany remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses thepayment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall beentitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act underParagraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than thoseof Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than thoseof Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Ownerof the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligatedwithout duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to theContract, and the Balance of the Contract Price shall not be reduced or set off on account of any suchunrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owneror its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to relatedsubcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location in which the Work or part of the Work is located, and shall be instituted withintwo years after Contractor Default or within two years after Contractor ceased working or within two yearsafter Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If theprovisions of this paragraph are void or prohibited by law, the minimum period of limitation available tosureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signaturepage. 10. When this Bond has been furnished to comply with a statutory requirement in the location where theContract was to be performed, any provision in this Bond conflicting with said statutory requirement shall bedeemed deleted herefrom and provisions conforming to such statutory requirement shall be deemedincorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a commonlaw bond. 11.Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under theContract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY – (Name, Address and Telephone)Surety Agency or Broker: Owner’s Representative (Engineer or other party): EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address):SURETY (Name, and Address of Principal Place ofBusiness): OWNER (Name and Address): CONTRACTEffective Date of Agreement:Amount:Description (Name and Location): BONDBond Number:Date (Not earlier than Effective Date ofAgreement): Amount:Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal)(Seal)Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By:By:Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest:Attest:Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for usein the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits allegingnon-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment,directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice toSurety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within90 days after having last performed labor or last furnished materials or equipment included in theclaim stating, with substantial accuracy, the amount of the claim and the name of the party towhom the materials or equipment were furnished or supplied, or for whom the labor was done orperformed; and2. Have either received a rejection in whole or in part from Contractor, or not received within 30days of furnishing the above notice any communication from Contractor by which Contractor hadindicated the claim will be paid directly or indirectly; and3. Not having been paid within the above 30 days, have sent a written notice to Surety (at theaddress described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that aclaim is being made under this Bond and enclosing a copy of the previous written noticefurnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that issufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety’sexpense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7.Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall becredited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of theContract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owneraccepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelatedto the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under thisBond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, orotherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to relatedsubcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competentjurisdiction in the location in which the Work or part of the Work is located or after the expiration of oneyear from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3,or (2) on which the last labor or service was performed by anyone or the last materials or equipment werefurnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of thisparagraph are void or prohibited by law, the minimum period of limitation available to sureties as a defensein the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on thesignature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall besufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where theContract was to be performed, any provision in this Bond conflicting with said statutory requirement shall bedeemed deleted herefrom and provisions conforming to such statutory requirement shall be deemedincorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a commonlaw bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractorshall promptly furnish a copy of this Bond or shall permit a copy to be made. 15.Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tiersubcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, orequipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY – (Name, Address, and Telephone)Surety Agency or Broker: Owner’s Representative (Engineer or other): EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ______________________ ASSOCIATED GENERAL CONTRACTORS OF AMERICA ______________________ AMERICAN SOCIETY OF CIVIL ENGINEERS _______________________ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 6 2.02 Copies of Documents .................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed ............................................................... 6 2.04 Starting the Work .......................................................................................................................... 7 2.05 Before Starting Construction ........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules .................................................................................................... 7 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent .............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents ................................................................... 9 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data ............................................................................................................................ 10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... 11 4.01 Availability of Lands ................................................................................................................... 11 4.02 Subsurface and Physical Conditions ........................................................................................... 11 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ................................................................................................................ 13 4.05 Reference Points .......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bonds and Insurance ...................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds ................................................................................... 16 5.02 Licensed Sureties and Insurers .................................................................................................... 16 5.03 Certificates of Insurance ............................................................................................................. 17 5.04 Contractor’s Insurance ................................................................................................................ 17 5.05 Owner’s Liability Insurance ........................................................................................................ 19 5.06 Property Insurance ....................................................................................................................... 19 5.07 Waiver of Rights ......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ......................................................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer .......................................................... 22 Article 6 – Contractor’s Responsibilities ........................................................................................................ 22 6.01 Supervision and Superintendence ............................................................................................... 22 6.02 Labor; Working Hours ................................................................................................................ 22 6.03 Services, Materials, and Equipment ........................................................................................... 22 6.04 Progress Schedule ....................................................................................................................... 23 6.05 Substitutes and “Or-Equals” ....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 25 6.07 Patent Fees and Royalties ........................................................................................................... 27 6.08 Permits ......................................................................................................................................... 27 6.09 Laws and Regulations ................................................................................................................. 28 6.10 Taxes ........................................................................................................................................... 28 6.11 Use of Site and Other Areas ........................................................................................................ 28 6.12 Record Documents ...................................................................................................................... 29 6.13 Safety and Protection .................................................................................................................. 29 6.14 Safety Representative .................................................................................................................. 30 6.15 Hazard Communication Programs.............................................................................................. 30 6.16 Emergencies ................................................................................................................................ 30 6.17 Shop Drawings and Samples ...................................................................................................... 31 6.18 Continuing the Work ................................................................................................................... 32 6.19 Contractor’s General Warranty and Guarantee .......................................................................... 33 6.20 Indemnification ........................................................................................................................... 33 6.21 Delegation of Professional Design Services ............................................................................... 34 Article 7 – Other Work at the Site ................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................ 35 7.03 Legal Relationships ..................................................................................................................... 36 Article 8 – Owner’s Responsibilities ............................................................................................................... 36 8.01 Communications to Contractor ................................................................................................... 36 8.02 Replacement of Engineer ............................................................................................................ 36 8.03 Furnish Data ................................................................................................................................ 36 8.04 Pay When Due ............................................................................................................................. 36 8.05 Lands and Easements; Reports and Tests ................................................................................... 36 8.06 Insurance...................................................................................................................................... 36 8.07 Change Orders ............................................................................................................................. 37 8.08 Inspections, Tests, and Approvals .............................................................................................. 37 8.09 Limitations on Owner’s Responsibilities ................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.11 Evidence of Financial Arrangements .......................................................................................... 37 8.12 Compliance with Safety Program ............................................................................................... 37 Article 9 – Engineer’s Status During Construction ......................................................................................... 37 9.01 Owner’s Representative .............................................................................................................. 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 9.02 Visits to Site ................................................................................................................................ 37 9.03 Project Representative ................................................................................................................. 38 9.04 Authorized Variations in Work .................................................................................................. 38 9.05 Rejecting Defective Work ........................................................................................................... 38 9.06 Shop Drawings, Change Orders and Payments .......................................................................... 39 9.07 Determinations for Unit Price Work .......................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 39 9.09 Limitations on Engineer’s Authority and Responsibilities ........................................................ 39 9.10 Compliance with Safety Program ............................................................................................... 40 Article 10 – Changes in the Work; Claims ..................................................................................................... 40 10.01 Authorized Changes in the Work ............................................................................................... 40 10.02 Unauthorized Changes in the Work ............................................................................................ 41 10.03 Execution of Change Orders ....................................................................................................... 41 10.04 Notification to Surety .................................................................................................................. 41 10.05 Claims .......................................................................................................................................... 41 Article 11 – Cost of the Work; Allowances; Unit Price Work ....................................................................... 42 11.01 Cost of the Work ......................................................................................................................... 42 11.02 Allowances .................................................................................................................................. 45 11.03 Unit Price Work .......................................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Times ............................................................... 46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Contract Times .......................................................................................................... 47 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 48 13.01 Notice of Defects ......................................................................................................................... 48 13.02 Access to Work ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 49 13.04 Uncovering Work ........................................................................................................................ 49 13.05 Owner May Stop the Work ......................................................................................................... 50 13.06 Correction or Removal of Defective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work ................................................................................................... 51 13.09 Owner May Correct Defective Work ......................................................................................... 52 Article 14 – Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title .................................................................................................... 55 14.04 Substantial Completion ............................................................................................................... 55 14.05 Partial Utilization ........................................................................................................................ 56 14.06 Final Inspection ........................................................................................................................... 57 14.07 Final Payment .............................................................................................................................. 57 14.08 Final Completion Delayed .......................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 14.09 Waiver of Claims ........................................................................................................................ 58 Article 15 – Suspension of Work and Termination ........................................................................................ 59 15.01 Owner May Suspend Work ......................................................................................................... 59 15.02 Owner May Terminate for Cause ............................................................................................... 59 15.03 Owner May Terminate For Convenience ................................................................................... 60 15.04 Contractor May Stop Work or Terminate................................................................................... 60 Article 16 – Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 Article 17 – Miscellaneous .............................................................................................................................. 61 17.01 Giving Notice .............................................................................................................................. 61 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 62 17.05 Controlling Law .......................................................................................................................... 62 17.06 Headings ...................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 40.Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data orinformation which are specifically prepared or assembled by or for Contractor and submittedby Contractor to illustrate some portion of the Work. 41.Site—Lands or areas indicated in the Contract Documents as being furnished by Owner uponwhich the Work is to be performed, including rights-of-way and easements for access thereto,and such other lands furnished by Owner which are designated for the use of Contractor. 42.Specifications—That part of the Contract Documents consisting of written requirements formaterials, equipment, systems, standards and workmanship as applied to the Work, andcertain administrative requirements and procedural matters applicable thereto. 43.Subcontractor—An individual or entity having a direct contract with Contractor or with anyother Subcontractor for the performance of a part of the Work at the Site. 44.Substantial Completion—The time at which the Work (or a specified part thereof) hasprogressed to the point where, in the opinion of Engineer, the Work (or a specified partthereof) is sufficiently complete, in accordance with the Contract Documents, so that theWork (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part ofthe Work refer to Substantial Completion thereof. 45.Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes anaward. 46.Supplementary Conditions—That part of the Contract Documents which amends orsupplements these General Conditions. 47.Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having adirect contract with Contractor or with any Subcontractor to furnish materials or equipment tobe incorporated in the Work by Contractor or Subcontractor. 48.Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasementscontaining such facilities, including those that convey electricity, gases, steam, liquidpetroleum products, telephone or other communications, cable television, water, wastewater,storm water, other liquids or chemicals, or traffic or other control systems. 49.Unit Price Work—Work to be paid for on the basis of unit prices. 50.Work—The entire construction or the various separately identifiable parts thereof required tobe provided under the Contract Documents. Work includes and is the result of performing orproviding all labor, services, and documentation necessary to produce such construction, andfurnishing, installing, and incorporating all materials and equipment into such construction,all as required by the Contract Documents. 51.Work Change Directive—A written statement to Contractor issued on or after the EffectiveDate of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A.The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used inthe Bidding Requirements or Contract Documents, have the indicated meaning. B.Intent of Certain Terms or Adjectives: 1.The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgmentby Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action ordetermination of Engineer as to the Work. It is intended that such exercise of professionaljudgment, action, or determination will be solely to evaluate, in general, the Work forcompliance with the information in the Contract Documents and with the design concept ofthe Project as a functioning whole as shown or indicated in the Contract Documents (unlessthere is a specific statement indicating otherwise). The use of any such term or adjective isnot intended to and shall not be effective to assign to Engineer any duty or authority tosupervise or direct the performance of the Work, or any duty or authority to undertakeresponsibility contrary to the provisions of Paragraph 9.09 or any other provision of theContract Documents. C.Day: 1.The word “day” means a calendar day of 24 hours measured from midnight to the nextmidnight. D.Defective: 1.The word “defective,” when modifying the word “Work,” refers to Work that isunsatisfactory, faulty, or deficient in that it: a.does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, orapproval referred to in the Contract Documents; or c.has been damaged prior to Engineer’s recommendation of final payment (unlessresponsibility for the protection thereof has been assumed by Owner at SubstantialCompletion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 E.Furnish, Install, Perform, Provide: 1.The word “furnish,” when used in connection with services, materials, or equipment, shallmean to supply and deliver said services, materials, or equipment to the Site (or some otherspecified location) ready for use or installation and in usable or operable condition. 2.The word “install,” when used in connection with services, materials, or equipment, shallmean to put into use or place in final position said services, materials, or equipment completeand ready for intended use. 3.The words “perform” or “provide,” when used in connection with services, materials, orequipment, shall mean to furnish and install said services, materials, or equipment completeand ready for intended use. 4.When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide”is implied. F.Unless stated otherwise in the Contract Documents, words or phrases that have a well-knowntechnical or construction industry or trade meaning are used in the Contract Documents inaccordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A.When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shallalso deliver to Owner such bonds as Contractor may be required to furnish. B.Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall eachdeliver to the other, with copies to each additional insured identified in the SupplementaryConditions, certificates of insurance (and other evidence of insurance which either of them or anyadditional insured may reasonably request) which Contractor and Owner respectively arerequired to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A.Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and ProjectManual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A.The Contract Times will commence to run on the thirtieth day after the Effective Date of theAgreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. ANotice to Proceed may be given at any time within 30 days after the Effective Date of theAgreement. In no event will the Contract Times commence to run later than the sixtieth day afterthe day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whicheverdate is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 2.04 Starting the Work A.Contractor shall start to perform the Work on the date when the Contract Times commence torun. No Work shall be done at the Site prior to the date on which the Contract Times commenceto run. 2.05 Before Starting Construction A.Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unlessotherwise specified in the General Requirements), Contractor shall submit to Engineer for timelyreview: 1.a preliminary Progress Schedule indicating the times (numbers of days or dates) for startingand completing the various stages of the Work, including any Milestones specified in theContract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices ofitems which when added together equal the Contract Price and subdivides the Work intocomponent parts in sufficient detail to serve as the basis for progress payments duringperformance of the Work. Such prices will include an appropriate amount of overhead andprofit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A.Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,and others as appropriate will be held to establish a working understanding among the parties asto the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handlingShop Drawings and other submittals, processing Applications for Payment, and maintainingrequired records. B.At this conference Owner and Contractor each shall designate, in writing, a specific individual toact as its authorized representative with respect to the services and responsibilities under theContract. Such individuals shall have the authority to transmit instructions, receive information,render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A.At least 10 days before submission of the first Application for Payment a conference attended byContractor, Engineer, and others as appropriate will be held to review for acceptability toEngineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.Contractor shall have an additional 10 days to make corrections and adjustments and to completeand resubmit the schedules. No progress payment shall be made to Contractor until acceptableschedules are submitted to Engineer. 1.The Progress Schedule will be acceptable to Engineer if it provides an orderly progression ofthe Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 1. A Field Order; 2.Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph6.17.D.3); or 3.Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A.Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, orother documents (or copies of any thereof) prepared by or bearing the seal of Engineer or itsconsultants, including electronic media editions; or 2.reuse any such Drawings, Specifications, other documents, or copies thereof on extensions ofthe Project or any other project without written consent of Owner and Engineer and specificwritten verification or adaptation by Engineer. B.The prohibitions of this Paragraph 3.05 will survive final payment, or termination of theContract. Nothing herein shall preclude Contractor from retaining copies of the ContractDocuments for record purposes. 3.06 Electronic Data A.Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner orEngineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon arelimited to the printed copies (also known as hard copies). Files in electronic media format of text,data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s solerisk. If there is a discrepancy between the electronic files and the hard copies, the hard copiesgovern. B.Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agreesthat it will perform acceptance tests or procedures within 60 days, after which the receiving partyshall be deemed to have accepted the data thus transferred. Any errors detected within the 60-dayacceptance period will be corrected by the transferring party. C.When transferring documents in electronic media format, the transferring party makes norepresentations as to long term compatibility, usability, or readability of documents resultingfrom the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work ChangeDirective or a Change Order will be issued to reflect and document such consequences. Anequitable adjustment shall be made in the Contract Price or Contract Times, or both, to theextent that they are attributable to the existence or location of any Underground Facility thatwas not shown or indicated or not shown or indicated with reasonable accuracy in theContract Documents and that Contractor did not know of and could not reasonably have beenexpected to be aware of or to have anticipated. If Owner and Contractor are unable to agreeon entitlement to or on the amount or extent, if any, of any such adjustment in Contract Priceor Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph10.05. 4.05 Reference Points A.Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractorshall be responsible for laying out the Work, shall protect and preserve the established referencepoints and property monuments, and shall make no changes or relocations without the priorwritten approval of Owner. Contractor shall report to Engineer whenever any reference point orproperty monument is lost or destroyed or requires relocation because of necessary changes ingrades or locations, and shall be responsible for the accurate replacement or relocation of suchreference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A.Reports and Drawings: The Supplementary Conditions identify those reports and drawingsknown to Owner relating to Hazardous Environmental Conditions that have been identified at theSite. B.Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon ormake any claim against Owner or Engineer, or any of their officers, directors, members, partners,employees, agents, consultants, or subcontractors with respect to: 1.the completeness of such reports and drawings for Contractor’s purposes, including, but notlimited to, any aspects of the means, methods, techniques, sequences and procedures ofconstruction to be employed by Contractor and safety precautions and programs incidentthereto; or 2. other data, interpretations, opinions and information contained in such reports or shown orindicated in such drawings; or 3.any Contractor interpretation of or conclusion drawn from any “technical data” or any suchother data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 a.by any person as a result of an offense directly or indirectly related to the employment ofsuch person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction oftangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damagearising out of the ownership, maintenance or use of any motor vehicle. B.The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, bewritten on an occurrence basis, include as additional insureds (subject to any customaryexclusion regarding professional liability) Owner and Engineer, and any other individuals orentities identified in the Supplementary Conditions, all of whom shall be listed as additionalinsureds, and include coverage for the respective officers, directors, members, partners,employees, agents, consultants, and subcontractors of each and any of all such additionalinsureds, and the insurance afforded to these additional insureds shall provide primarycoverage for all claims covered thereby; 2.include at least the specific coverages and be written for not less than the limits of liabilityprovided in the Supplementary Conditions or required by Laws or Regulations, whichever isgreater; 3. include contractual liability insurance covering Contractor’s indemnity obligations underParagraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materiallychanged or renewal refused until at least 30 days prior written notice has been given to Ownerand Contractor and to each other additional insured identified in the SupplementaryConditions to whom a certificate of insurance has been issued (and the certificates ofinsurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5.remain in effect at least until final payment and at all times thereafter when Contractor maybe correcting, removing, or replacing defective Work in accordance with Paragraph 13.07;and 6. include completed operations coverage: a.Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in theSupplementary Conditions, to whom a certificate of insurance has been issued, evidencesatisfactory to Owner and any such additional insured of continuation of such insurance atfinal payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 5.05 Owner’s Liability Insurance A.In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liabilityinsurance as will protect Owner against claims which may arise from operations under theContract Documents. 5.06 Property Insurance A.Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintainproperty insurance upon the Work at the Site in the amount of the full replacement cost thereof(subject to such deductible amounts as may be provided in the Supplementary Conditions orrequired by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any otherindividuals or entities identified in the Supplementary Conditions, and the officers, directors,members, partners, employees, agents, consultants, and subcontractors of each and any ofthem, each of whom is deemed to have an insurable interest and shall be listed as a losspayee; 2.be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance forphysical loss or damage to the Work, temporary buildings, falsework, and materials andequipment in transit, and shall insure against at least the following perils or causes of loss:fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake,collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations,water damage (other than that caused by flood), and such other perils or causes of loss as maybe specifically required by the Supplementary Conditions. 3.include expenses incurred in the repair or replacement of any insured property (including butnot limited to fees and charges of engineers and architects); 4.cover materials and equipment stored at the Site or at another location that was agreed to inwriting by Owner prior to being incorporated in the Work, provided that such materials andequipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7.be maintained in effect until final payment is made unless otherwise agreed to in writing byOwner, Contractor, and Engineer with 30 days written notice to each other loss payee towhom a certificate of insurance has been issued. B.Owner shall purchase and maintain such equipment breakdown insurance or additional propertyinsurance as may be required by the Supplementary Conditions or Laws and Regulations whichwill include the interests of Owner, Contractor, Subcontractors, and Engineer, and any otherindividuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C.All the policies of insurance (and the certificates or other evidence thereof) required to bepurchased and maintained in accordance with this Paragraph 5.06 will contain a provision orendorsement that the coverage afforded will not be canceled or materially changed or renewalrefused until at least 30 days prior written notice has been given to Owner and Contractor and toeach other loss payee to whom a certificate of insurance has been issued and will contain waiverprovisions in accordance with Paragraph 5.07. D.Owner shall not be responsible for purchasing and maintaining any property insurance specifiedin this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Workto the extent of any deductible amounts that are identified in the Supplementary Conditions. Therisk of loss within such identified deductible amount will be borne by Contractor, Subcontractors,or others suffering any such loss, and if any of them wishes property insurance coverage withinthe limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E.If Contractor requests in writing that other special insurance be included in the property insurancepolicies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, andthe cost thereof will be charged to Contractor by appropriate Change Order. Prior tocommencement of the Work at the Site, Owner shall in writing advise Contractor whether or notsuch other insurance has been procured by Owner. 5.07 Waiver of Rights A.Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 willprotect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entitiesidentified in the Supplementary Conditions as loss payees (and the officers, directors, members,partners, employees, agents, consultants, and subcontractors of each and any of them) in suchpolicies and will provide primary coverage for all losses and damages caused by the perils orcauses of loss covered thereby. All such policies shall contain provisions to the effect that in theevent of payment of any loss or damage the insurers will have no rights of recovery against any ofthe insureds or loss payees thereunder. Owner and Contractor waive all rights against each otherand their respective officers, directors, members, partners, employees, agents, consultants andsubcontractors of each and any of them for all losses and damages caused by, arising out of orresulting from any of the perils or causes of loss covered by such policies and any other propertyinsurance applicable to the Work; and, in addition, waive all such rights against Subcontractorsand Engineer, and all other individuals or entities identified in the Supplementary Conditions asloss payees (and the officers, directors, members, partners, employees, agents, consultants, andsubcontractors of each and any of them) under such policies for losses and damages so caused.None of the above waivers shall extend to the rights that any party making such waiver may haveto the proceeds of insurance held by Owner as trustee or otherwise payable under any policy soissued. B.Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,directors, members, partners, employees, agents, consultants and subcontractors of each and anyof them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 B.All materials and equipment incorporated into the Work shall be as specified or, if not specified,shall be of good quality and new, except as otherwise provided in the Contract Documents. Allspecial warranties and guarantees required by the Specifications shall expressly run to the benefitof Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (includingreports of required tests) as to the source, kind, and quality of materials and equipment. C.All materials and equipment shall be stored, applied, installed, connected, erected, protected,used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, exceptas otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A.Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07as it may be adjusted from time to time as provided below. 1.Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07)proposed adjustments in the Progress Schedule that will not result in changing the ContractTimes. Such adjustments will comply with any provisions of the General Requirementsapplicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall besubmitted in accordance with the requirements of Article 12. Adjustments in Contract Timesmay only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A.Whenever an item of material or equipment is specified or described in the Contract Documentsby using the name of a proprietary item or the name of a particular Supplier, the specification ordescription is intended to establish the type, function, appearance, and quality required. Unlessthe specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment ormaterial or equipment of other Suppliers may be submitted to Engineer for review under thecircumstances described below. 1.“Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposedby Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, beaccomplished without compliance with some or all of the requirements for approval ofproposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item ofmaterial or equipment will be considered functionally equal to an item so named if: a.in the exercise of reasonable judgment Engineer determines that: 1)it is at least equal in materials of construction, quality, durability, appearance,strength, and design characteristics; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 c) whether incorporation or use of the proposed substitute item in connection withthe Work is subject to payment of any license fee or royalty; 3)will identify: a)all variations of the proposed substitute item from that specified, and b)available engineering, sales, maintenance, repair, and replacement services; and 4)shall contain an itemized estimate of all costs or credits that will result directly orindirectly from use of such substitute item, including costs of redesign and claims ofother contractors affected by any resulting change. B.Substitute Construction Methods or Procedures: If a specific means, method, technique,sequence, or procedure of construction is expressly required by the Contract Documents,Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedureof construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent tothat expressly called for by the Contract Documents. The requirements for review by Engineerwill be similar to those provided in Paragraph 6.05.A.2. C.Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluateeach proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may requireContractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized untilEngineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor inwriting of any negative determination. D.Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a specialperformance guarantee or other surety with respect to any substitute. E.Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substituteproposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or notEngineer approves a substitute so proposed or submitted by Contractor, Contractor shallreimburse Owner for the reasonable charges of Engineer for evaluating each such proposedsubstitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer formaking changes in the Contract Documents (or in the provisions of any other direct contract withOwner) resulting from the acceptance of each proposed substitute. F.Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A.Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (includingthose acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as areplacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B.If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or otherindividuals or entities to be submitted to Owner in advance for acceptance by Owner by aspecified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writingor by failing to make written objection thereto by the date indicated for acceptance or objection inthe Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or otherindividual or entity so identified may be revoked on the basis of reasonable objection after dueinvestigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor,Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference inthe cost occasioned by such replacement, and an appropriate Change Order will be issued. Noacceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whetherinitially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to rejectdefective Work. C.Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of theSubcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in theContract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entityany contractual relationship between Owner or Engineer and any such Subcontractor,Supplier or other individual or entity; nor 2.shall create any obligation on the part of Owner or Engineer to pay or to see to the payment ofany moneys due any such Subcontractor, Supplier, or other individual or entity except as mayotherwise be required by Laws and Regulations. D.Contractor shall be solely responsible for scheduling and coordinating the Work ofSubcontractors, Suppliers, and other individuals or entities performing or furnishing any of theWork under a direct or indirect contract with Contractor. E.Contractor shall require all Subcontractors, Suppliers, and such other individuals or entitiesperforming or furnishing any of the Work to communicate with Engineer through Contractor. F.The divisions and sections of the Specifications and the identifications of any Drawings shall notcontrol Contractor in dividing the Work among Subcontractors or Suppliers or delineating theWork to be performed by any specific trade. G.All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to anappropriate agreement between Contractor and the Subcontractor or Supplier which specificallybinds the Subcontractor or Supplier to the applicable terms and conditions of the ContractDocuments for the benefit of Owner and Engineer. Whenever any such agreement is with aSubcontractor or Supplier who is listed as a loss payee on the property insurance provided inParagraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier willcontain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A.Contractor shall pay all license fees and royalties and assume all costs incident to the use in theperformance of the Work or the incorporation in the Work of any invention, design, process,product, or device which is the subject of patent rights or copyrights held by others. If a particularinvention, design, process, product, or device is specified in the Contract Documents for use inthe performance of the Work and if, to the actual knowledge of Owner or Engineer, its use issubject to patent rights or copyrights calling for the payment of any license fee or royalty toothers, the existence of such rights shall be disclosed by Owner in the Contract Documents. B.To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and holdharmless Contractor, and its officers, directors, members, partners, employees, agents,consultants, and subcontractors from and against all claims, costs, losses, and damages (includingbut not limited to all fees and charges of engineers, architects, attorneys, and other professionals,and all court or arbitration or other dispute resolution costs) arising out of or relating to anyinfringement of patent rights or copyrights incident to the use in the performance of the Work orresulting from the incorporation in the Work of any invention, design, process, product, or devicespecified in the Contract Documents, but not identified as being subject to payment of any licensefee or royalty to others required by patent rights or copyrights. C.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and holdharmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants and subcontractors of each and any of them from and against all claims, costs, losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out ofor relating to any infringement of patent rights or copyrights incident to the use in theperformance of the Work or resulting from the incorporation in the Work of any invention,design, process, product, or device not specified in the Contract Documents. 6.08 Permits A.Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay forall construction permits and licenses. Owner shall assist Contractor, when necessary, in obtainingsuch permits and licenses. Contractor shall pay all governmental charges and inspection feesnecessary for the prosecution of the Work which are applicable at the time of opening of Bids, or,if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utilityowners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 6.09 Laws and Regulations A.Contractor shall give all notices required by and shall comply with all Laws and Regulationsapplicable to the performance of the Work. Except where otherwise expressly required byapplicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B.If Contractor performs any Work knowing or having reason to know that it is contrary to Laws orRegulations, Contractor shall bear all claims, costs, losses, and damages (including but notlimited to all fees and charges of engineers, architects, attorneys, and other professionals and allcourt or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications andDrawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C.Changes in Laws or Regulations not known at the time of opening of Bids (or, on the EffectiveDate of the Agreement if there were no Bids) having an effect on the cost or time of performanceof the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Ownerand Contractor are unable to agree on entitlement to or on the amount or extent, if any, of anysuch adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A.Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid byContractor in accordance with the Laws and Regulations of the place of the Project which areapplicable during the performance of the Work. 6.11 Use of Site and Other Areas A.Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, andthe operations of workers to the Site and other areas permitted by Laws and Regulations, andshall not unreasonably encumber the Site and other areas with construction equipment orother materials or equipment. Contractor shall assume full responsibility for any damage toany such land or area, or to the owner or occupant thereof, or of any adjacent land or areasresulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of theWork, Contractor shall promptly settle with such other party by negotiation or otherwiseresolve the claim by arbitration or other dispute resolution proceeding or at law. 3.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and holdharmless Owner and Engineer, and the officers, directors, members, partners, employees,agents, consultants and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or arbitration or other disputeresolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 6.19 Contractor’s General Warranty and Guarantee A.Contractor warrants and guarantees to Owner that all Work will be in accordance with theContract Documents and will not be defective. Engineer and its officers, directors, members,partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B.Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor,Subcontractors, Suppliers, or any other individual or entity for whom Contractor isresponsible; or 2. normal wear and tear under normal usage. C.Contractor’s obligation to perform and complete the Work in accordance with the ContractDocuments shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to performthe Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3.the issuance of a certificate of Substantial Completion by Engineer or any payment relatedthereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a noticeof acceptability by Engineer; 6. any inspection, test, or approval by others; or 7.any correction of defective Work by Owner. 6.20 Indemnification A.To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and holdharmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants and subcontractors of each and any of them from and against all claims, costs, losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out ofor relating to the performance of the Work, provided that any such claim, cost, loss, or damage isattributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangibleproperty (other than the Work itself), including the loss of use resulting therefrom but only to theextent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, orany individual or entity directly or indirectly employed by any of them to perform any of theWork or anyone for whose acts any of them may be liable . EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 8.07 Change Orders A.Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A.Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth inParagraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A.The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safetyprecautions and programs incident thereto, or for any failure of Contractor to comply with Lawsand Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A.Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is setforth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A.Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 8.12 Compliance with Safety Program A.While at the Site, Owner’s employees and representatives shall comply with the specificapplicable requirements of Contractor’s safety programs of which Owner has been informedpursuant to Paragraph 6.13.D. ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A.Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative duringconstruction are set forth in the Contract Documents. 9.02 Visits to Site A.Engineer will make visits to the Site at intervals appropriate to the various stages of constructionas Engineer deems necessary in order to observe as an experienced and qualified designprofessional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations,Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding inaccordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of theContract Times with respect to any work performed that is not required by the ContractDocuments as amended, modified, or supplemented as provided in Paragraph 3.04, except in thecase of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work asprovided in Paragraph 13.04.D. 10.03 Execution of Change Orders A.Owner and Contractor shall execute appropriate Change Orders recommended by Engineercovering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’scorrection of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2.changes in the Contract Price or Contract Times which are agreed to by the parties, includingany undisputed sum or amount of time for Work actually performed in accordance with aWork Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any writtendecision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu ofexecuting any such Change Order, an appeal may be taken from any such decision inaccordance with the provisions of the Contract Documents and applicable Laws andRegulations, but during any such appeal, Contractor shall carry on the Work and adhere to theProgress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A.If the provisions of any bond require notice to be given to a surety of any change affecting thegeneral scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’sresponsibility. The amount of each applicable bond will be adjusted to reflect the effect of anysuch change. 10.05 Claims A.Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,shall be referred to the Engineer for decision. A decision by Engineer shall be required as acondition precedent to any exercise by Owner or Contractor of any rights or remedies either mayotherwise have under the Contract Documents or by Laws and Regulations in respect of suchClaims. B.Notice: Written notice stating the general nature of each Claim shall be delivered by the claimantto Engineer and the other party to the Contract promptly (but in no event later than 30 days) afterthe start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest withthe party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of theWork under schedules of job classifications agreed upon by Owner and Contractor. Suchemployees shall include, without limitation, superintendents, foremen, and other personnelemployed full time on the Work. Payroll costs for employees not employed full time on theWork shall be apportioned on the basis of their time spent on the Work. Payroll costs shallinclude, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday payapplicable thereto. The expenses of performing Work outside of regular working hours, onSaturday, Sunday, or legal holidays, shall be included in the above to the extent authorized byOwner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costsof transportation and storage thereof, and Suppliers’ field services required in connectiontherewith. All cash discounts shall accrue to Contractor unless Owner deposits funds withContractor with which to make payments, in which case the cash discounts shall accrue toOwner. All trade discounts, rebates and refunds and returns from sale of surplus materials andequipment shall accrue to Owner, and Contractor shall make provisions so that they may beobtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Ifrequired by Owner, Contractor shall obtain competitive bids from subcontractors acceptableto Owner and Contractor and shall deliver such bids to Owner, who will then determine, withthe advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides thatthe Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4.Costs of special consultants (including but not limited to engineers, architects, testinglaboratories, surveyors, attorneys, and accountants) employed for services specifically relatedto the Work. 5. Supplemental costs including the following: a.The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment,machinery, appliances, office, and temporary facilities at the Site, and hand tools notowned by the workers, which are consumed in the performance of the Work, and cost,less market value, of such items used but not consumed which remain the property ofContractor. c.Rentals of all construction equipment and machinery, and the parts thereof whether rentedfrom Contractor or others in accordance with rental agreements approved by Owner withthe advice of Engineer, and the costs of transportation, loading, unloading, assembly,dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5.Other overhead or general expense costs of any kind and the costs of any item not specificallyand expressly included in Paragraphs 11.01.A. C.Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s feeshall be determined as set forth in the Agreement. When the value of any Work covered by aChange Order or when a Claim for an adjustment in Contract Price is determined on the basis ofCost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D.Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant toParagraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof inaccordance with generally accepted accounting practices and submit in a form acceptable toEngineer an itemized cost breakdown together with supporting data. 11.02 Allowances A.It is understood that Contractor has included in the Contract Price all allowances so named in theContract Documents and shall cause the Work so covered to be performed for such sums and bysuch persons or entities as may be acceptable to Owner and Engineer. B.Cash Allowances: 1.Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) ofmaterials and equipment required by the allowances to be delivered at the Site, and allapplicable taxes; and b.Contractor’s costs for unloading and handling on the Site, labor, installation, overhead,profit, and other expenses contemplated for the cash allowances have been included in theContract Price and not in the allowances, and no demand for additional payment onaccount of any of the foregoing will be valid. C.Contingency Allowance: 1.Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to coverunanticipated costs. D.Prior to final payment, an appropriate Change Order will be issued as recommended by Engineerto reflect actual amounts due Contractor on account of Work covered by allowances, and theContract Price shall be correspondingly adjusted. 11.03 Unit Price Work A.Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B.The estimated quantities of items of Unit Price Work are not guaranteed and are solely for thepurpose of comparison of Bids and determining an initial Contract Price. Determinations of theactual quantities and classifications of Unit Price Work performed by Contractor will be made byEngineer subject to the provisions of Paragraph 9.07. C.Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D.Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordancewith Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially andsignificantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3.Contractor believes that Contractor is entitled to an increase in Contract Price as a result ofhaving incurred additional expense or Owner believes that Owner is entitled to a decrease inContract Price and the parties are unable to agree as to the amount of any such increase ordecrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A.The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in theContract Price shall be based on written notice submitted by the party making the Claim to theEngineer and the other party to the Contract in accordance with the provisions of Paragraph10.05. B.The value of any Work covered by a Change Order or of any Claim for an adjustment in theContract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, byapplication of such unit prices to the quantities of the items involved (subject to theprovisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents,by a mutually agreed lump sum (which may include an allowance for overhead and profit notnecessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documentsand agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of theCost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee foroverhead and profit (determined as provided in Paragraph 12.01.C). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 C.If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out ofor relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactoryreplacement or reconstruction (including but not limited to all costs of repair or replacement ofwork of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. Ifthe parties are unable to agree as to the amount thereof, Owner may make a Claim therefor asprovided in Paragraph 10.05. D.If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in theContract Price or an extension of the Contract Times, or both, directly attributable to suchuncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If theparties are unable to agree as to the amount or extent thereof, Contractor may make a Claimtherefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A.If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitablematerials or equipment, or fails to perform the Work in such a way that the completed Work willconform to the Contract Documents, Owner may order Contractor to stop the Work, or anyportion thereof, until the cause for such order has been eliminated; however, this right of Ownerto stop the Work shall not give rise to any duty on the part of Owner to exercise this right for thebenefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or anysurety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A.Promptly after receipt of written notice, Contractor shall correct all defective Work, whether ornot fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove itfrom the Project and replace it with Work that is not defective. Contractor shall pay all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers,architects, attorneys, and other professionals and all court or arbitration or other disputeresolution costs) arising out of or relating to such correction or removal (including but not limitedto all costs of repair or replacement of work of others). B.When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty andguarantee, if any, on said Work. 13.07 Correction Period A.If within one year after the date of Substantial Completion (or such longer period of time as maybe prescribed by the terms of any applicable special guarantee required by the ContractDocuments) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s useby Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found tobe defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’swritten instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include anaffidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligationsassociated with prior Applications for Payment. 3.The amount of retainage with respect to progress payments will be as stipulated in theAgreement. B.Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate inwriting a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommendpayment. In the latter case, Contractor may make the necessary corrections and resubmit theApplication. 2.Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’sreview of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a.the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subjectto an evaluation of the Work as a functioning whole prior to or upon SubstantialCompletion, the results of any subsequent tests called for in the Contract Documents, afinal determination of quantities and classifications for Unit Price Work under Paragraph9.07, and any other qualifications stated in the recommendation); and c.the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to haverepresented that: a.inspections made to check the quality or the quantity of the Work as it has beenperformed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 D.Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance orfurnishing of the Work; b.Liens have been filed in connection with the Work, except where Contractor hasdelivered a specific bond satisfactory to Owner to secure the satisfaction and discharge ofsuch Liens; c.there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated inParagraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2.If Owner refuses to make payment of the full amount recommended by Engineer, Owner willgive Contractor immediate written notice (with a copy to Engineer) stating the reasons forsuch action and promptly pay Contractor any amount remaining after deduction of theamount so withheld. Owner shall promptly pay Contractor the amount so withheld, or anyadjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasonsfor such action. 3.Upon a subsequent determination that Owner’s refusal of payment was not justified, theamount wrongfully withheld shall be treated as an amount due as determined by Paragraph14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A.Contractor warrants and guarantees that title to all Work, materials, and equipment covered byany Application for Payment, whether incorporated in the Project or not, will pass to Owner nolater than the time of payment free and clear of all Liens. 14.04 Substantial Completion A.When Contractor considers the entire Work ready for its intended use Contractor shall notifyOwner and Engineer in writing that the entire Work is substantially complete (except for itemsspecifically listed by Contractor as incomplete) and request that Engineer issue a certificate ofSubstantial Completion. B.Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make aninspection of the Work to determine the status of completion. If Engineer does not consider theWork substantially complete, Engineer will notify Contractor in writing giving the reasonstherefor. C.If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentativecertificate of Substantial Completion which shall fix the date of Substantial Completion. Thereshall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’sobjections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D.At the time of delivery of the tentative certificate of Substantial Completion, Engineer willdeliver to Owner and Contractor a written recommendation as to division of responsibilitiespending final payment between Owner and Contractor with respect to security, operation, safety,and protection of the Work, maintenance, heat, utilities, insurance, and warranties andguarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’saforesaid recommendation will be binding on Owner and Contractor until final payment. E.Owner shall have the right to exclude Contractor from the Site after the date of SubstantialCompletion subject to allowing Contractor reasonable access to remove its property andcomplete or correct items on the tentative list. 14.05 Partial Utilization A.Prior to Substantial Completion of all the Work, Owner may use or occupy any substantiallycompleted part of the Work which has specifically been identified in the Contract Documents, orwhich Owner, Engineer, and Contractor agree constitutes a separately functioning and usable partof the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy anysuch part of the Work which Owner believes to be ready for its intended use and substantiallycomplete. If and when Contractor agrees that such part of the Work is substantially complete,Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through Dfor that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considersany such part of the Work ready for its intended use and substantially complete and requestEngineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shallmake an inspection of that part of the Work to determine its status of completion. If Engineerdoes not consider that part of the Work to be substantially complete, Engineer will notifyOwner and Contractor in writing giving the reasons therefor. If Engineer considers that partof the Work to be substantially complete, the provisions of Paragraph 14.04 will apply withrespect to certification of Substantial Completion of that part of the Work and the division ofresponsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 4.No use or occupancy or separate operation of part of the Work may occur prior to compliancewith the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A.Upon written notice from Contractor that the entire Work or an agreed portion thereof iscomplete, Engineer will promptly make a final inspection with Owner and Contractor and willnotify Contractor in writing of all particulars in which this inspection reveals that the Work isincomplete or defective. Contractor shall immediately take such measures as are necessary tocomplete such Work or remedy such deficiencies. 14.07 Final Payment A.Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all correctionsidentified during the final inspection and has delivered, in accordance with the ContractDocuments, all maintenance and operating instructions, schedules, guarantees, bonds,certificates or other evidence of insurance, certificates of inspection, marked-up recorddocuments (as provided in Paragraph 6.12), and other documents, Contractor may makeapplication for final payment following the procedure for progress payments. 2.The final Application for Payment shall be accompanied (except as previously delivered) by: a.all documentation called for in the Contract Documents, including but not limited to theevidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c.a list of all Claims against Owner that Contractor believes are unsettled; and d.complete and legally effective releases or waivers (satisfactory to Owner) of all Lienrights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approvedby Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractorthat: (i) the releases and receipts include all labor, services, material, and equipment forwhich a Lien could be filed; and (ii) all payrolls, material and equipment bills, and otherindebtedness connected with the Work for which Owner might in any way be responsible, orwhich might in any way result in liens or other burdens on Owner's property, have been paidor otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release orreceipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner toindemnify Owner against any Lien. B.Engineer’s Review of Application and Acceptance: 1.If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A.At any time and without cause, Owner may suspend the Work or any portion thereof for a periodof not more than 90 consecutive days by notice in writing to Contractor and Engineer which willfix the date on which Work will be resumed. Contractor shall resume the Work on the date sofixed. Contractor shall be granted an adjustment in the Contract Price or an extension of theContract Times, or both, directly attributable to any such suspension if Contractor makes a Claimtherefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A.The occurrence of any one or more of the following events will justify termination for cause: 1.Contractor’s persistent failure to perform the Work in accordance with the ContractDocuments (including, but not limited to, failure to supply sufficient skilled workers orsuitable materials or equipment or failure to adhere to the Progress Schedule establishedunder Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2.Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3.Contractor’s repeated disregard of the authority of Engineer; or 4.Contractor’s violation in any substantial way of any provisions of the Contract Documents. B.If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after givingContractor (and surety) seven days written notice of its intent to terminate the services ofContractor: 1.exclude Contractor from the Site, and take possession of the Work and of all Contractor’stools, appliances, construction equipment, and machinery at the Site, and use the same to thefull extent they could be used by Contractor (without liability to Contractor for trespass orconversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Ownerhas paid Contractor but which are stored elsewhere; and 3.complete the Work as Owner may deem expedient. C.If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receiveany further payment until the Work is completed. If the unpaid balance of the Contract Priceexceeds all claims, costs, losses, and damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals and all court or arbitration or otherdispute resolution costs) sustained by Owner arising out of or relating to completing the Work,such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed suchunpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, anddamages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B.In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineerhas failed to act on an Application for Payment within 30 days after it is submitted, or Owner hasfailed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, sevendays after written notice to Owner and Engineer, stop the Work until payment is made of all suchamounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 arenot intended to preclude Contractor from making a Claim under Paragraph 10.05 for anadjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A.Either Owner or Contractor may request mediation of any Claim submitted to Engineer for adecision under Paragraph 10.05 before such decision becomes final and binding. The mediationwill be governed by the Construction Industry Mediation Rules of the American ArbitrationAssociation in effect as of the Effective Date of the Agreement. The request for mediation shallbe submitted in writing to the American Arbitration Association and the other party to theContract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B.Owner and Contractor shall participate in the mediation process in good faith. The process shallbe concluded within 60 days of filing of the request. The date of termination of the mediationshall be determined by application of the mediation rules referenced above. C.If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denialpursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days aftertermination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the SupplementaryConditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3.gives written notice to the other party of the intent to submit the Claim to a court ofcompetent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A.Whenever any provision of the Contract Documents requires the giving of written notice, it willbe deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of thecorporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last businessaddress known to the giver of the notice. 17.02 Computation of Times A.When any period of time is referred to in the Contract Documents by days, it will be computed toexclude the first and include the last day of such period. If the last day of any such period falls ona Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,such day will be omitted from the computation. 17.03 Cumulative Remedies A.The duties and obligations imposed by these General Conditions and the rights and remediesavailable hereunder to the parties hereto are in addition to, and are not to be construed in any wayas a limitation of, any rights and remedies available to any or all of them which are otherwiseimposed or available by Laws or Regulations, by special warranty or guarantee, or by otherprovisions of the Contract Documents. The provisions of this Paragraph will be as effective as ifrepeated specifically in the Contract Documents in connection with each particular duty,obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A.All representations, indemnifications, warranties, and guarantees made in, required by, or givenin accordance with the Contract Documents, as well as all continuing obligations indicated in theContract Documents, will survive final payment, completion, and acceptance of the Work ortermination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A.This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A.Article and paragraph headings are inserted for convenience only and do not constitute parts ofthese General Conditions. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 1 of 12 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC – 2.03 NOTICE TO PROCEED Delete the entire Paragraph 2.03.A of the General Conditions and insert the following in its place: SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. 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 once the Contractor has procured project materials. Contract time will commence no later than 120 days after the Agreement has been signed. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 2 of 12 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor’s full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor’s Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.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. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 3 of 12 SC – 4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4.04 - UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC - 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports………. SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum “A.M. Best Rating” of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 4 of 12 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC – 5.04 CONTRACTOR’S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers’ Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a.State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory c. Employer’s Liability $ 500,000.00 2.Contractor’s Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a.GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 c. Personal and Advertising d.Each Occurrence (Bodily Injury and Property Damage)$ 1,000,000.00 e.Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 5 of 12 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2.Hired 3.Non-Owned 4.Contractor’s Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.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 $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 6 of 12 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. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 7 of 12 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 8:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an 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. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 8 of 12 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. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 9 of 12 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 Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 10 of 12 equipment rental rates will be negotiated prior to the work being performed. SC-l1.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: l. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the 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.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor’s updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 11 of 12 SC – 14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 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.1.c to read: …entitling Owner to a set-off against the amount recommended, including liquidated damages;or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor’s obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner’s use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner’s use of any facilities not specifically identified in the Contract Documents will be in Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 12 of 12 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- 17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 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 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 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.” 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. 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 18-2-408, MCA states: “(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” P.Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: 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. 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 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 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 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 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 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 $37.97 $21.87 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. $45.00/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 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 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 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 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 + .$4.85/hr. Special Provision: Zone pay only applies to the Truck Driver classification. No zone pay was established for Pilot Car Driver. ↑ Back to Table of Contents EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice of Award Date: __________________ Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Bidder: Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested] You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for [Indicate total Work, alternates, or sections of Work awarded.] The Contract Price of your Contract is Dollars ($ ). [Insert appropriate data if unit prices are used. Change language for cost-plus contracts.] copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner [ ] fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice to Proceed Date: _________________ Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: __________________________________ [add other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Change Order No. Date of Issuance:Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments (list documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: Working days Calendar days Substantial completion (days or date):$Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change Orders No. to No. : [Increase] [Decrease] from previously approved Change Orders No. to No. : Substantial completion (days):$Ready for final payment (days): Contract Price prior to this Change Order:Contract Times prior to this Change Order:Substantial completion (days or date):$Ready for final payment (days or date): [Increase] [Decrease] of this Change Order:[Increase] [Decrease] of this Change Order:Substantial completion (days or date):$Ready for final payment (days or date): Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:Substantial completion (days or date):$ Ready for final payment (days or date): RECOMMENDED:ACCEPTED:ACCEPTED:By:By:By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Date:Date:Date:Approved by Funding Agency (if applicable): ____________________________________________________________ Date: EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Change Order Instructions A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect ContractPrice or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporatedinto a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. Thepractice of accumulating Change Orders to reduce the administrative burden may lead to unnecessarydisputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or ContractTimes, a Field Order should be used. B.COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments basedupon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor forapproval, depending on whether the Change Order is a true order to the Contractor or the formalization of anegotiated agreement for a previously performed change. After approval by one contracting party, all copiesshould be sent to the other party for approval. Engineer should make distribution of executed copies afterapproval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. EJCDC C-942 Field Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Field Order No. Date of Issuance:Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.04.A, for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required, please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s))(Drawing(s) / Detail(s)) Description: Attachments: Engineer: Receipt Acknowledged by Contractor: Date: Copy to Owner EJCDC C-940 Work Change Directive Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Work Change Directive No. Date of Issuance:Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Contractor is directed to proceed promptly with the following change(s): Item No.Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Nonagreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer:Date Authorized for Owner by:Date Received for Contractor by:Date Received by Funding Agency (if applicable):Date: CONSTRUCTION SPECIFICATIONS A.MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS (MPWSS) B.CITY OF BOZEMAN MODIFICATIONS TO THE MPWSS C.SUPPLEMENTAL CONSTRUCTION SPECIFICATIONS SECTION 007000 SPECIAL PROVISIONS SECTION 012000 MEASUREMENT AND PAYMENT SECTION 332124 WATER WELLS A.MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS The following sections of the Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010 are incorporated by reference. The MPWSS are available for purchase at: https://montanacontractorsmtassoc.wliinc24.com/external/wcpages/wcecommerce/eComItemDetailsPage. aspx?ItemID=1 DIVISION 1 – GENERAL REQUIREMENTS Section 01010 Summary of Work Section 01041 Project Coordination Section 01090 References Section 01300 Submittals Section 01400 Contractor Quality Control and Owner Quality Assurance Section 01500 Construction and Temporary Facilities Section 01570 Construction Traffic Control Section 01580 Temporary Water Supply Section 01700 Contract Closeout B.CITY OF BOZEMAN MODIFICATIONS TO THE MPWSS The City of Bozeman Modifications to the MPWSS are available online at: https://www.bozeman.net/home/showpublisheddocument/842/636501593395330000 C.SUPPLEMENTAL CONSTRUCTION SPECIFICATIONS Section 007000 Special Provisions Section 012000 Measurement and Payment Section 332124 Water Wells SPECIAL PROVISIONS 007000-1 007000 SECTION 007000 SPECIAL PROVISIONS 1. SCOPE OF WORK 2. SAFETY STANDARDS 3. PROJECT SCHEDULE 4. PROJECT MEETINGS 5. UTILITIES AND BARRIERS 6. REPAIR AND REPLACEMENT QUALITY 7. GENERAL CONSTRUCTION REQUIREMENTS 8. ENGINEERING INTERPRETATIONS 9. REJECTED WORK 10. QUALITY CONTROL 11. CONSTRUCTION SURVEYS 12. FIELD ENGINEERING 13. REGULAR HOURS AND WEATHER DAYS 14. MATERIAL SOURCES 15. ENVIRONMENTAL PROTECTION 16. WEED CONTROL 17. PERMITS AND REGULATORY REQUIREMENTS 18. SMOKE AND DUST CONTROL 19. USE OF COMPLETED PORTIONS 20. WARRANTY 21. CONTRACT DOCUMENT DISCREPANCIES 22. SITE CLEANUP 23. SANITARY FACILITIES 24. PUBLIC NOTIFICATION 25. CONSTRUCTION SCHEDULING 26. GEOTECHNICAL CONDITIONS 1. SCOPE OF WORK This project generally includes the installation and two groundwater wells, one test well and one monitoring well. Each well is to be drilled into the aquifer in the Gallatin Valley at the Bozeman Sports Park. The total depth for each well will be approximately 500-feet for the test well and 500-feet for the monitoring well. The test well will be a 12-inch diameter steel casing and tested with the goal of maximizing sustainable production. The monitoring well will be a 4-inch PVC casing. The Contractor shall complete 72-hour constant rate test on the test well. The well sites will be restored at completion of the project. 2. SAFETY STANDARDS The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), and all other SPECIAL PROVISIONS 007000-2 007000 applicable Federal, State, County, and Local Laws, ordinances, codes, and regulations. When any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth therein. The Contractor shall develop and maintain for the duration of this Contract a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The duty of the Engineer to conduct construction review of the work does not include review or approval of the adequacy of the Contractor’s safety program, safety supervisor, or any safety measures taken in, on or near the construction site. The Contractor, as part of his safety program, shall maintain at his office or other well- known place at the jobsites, safety equipment applicable to the work as prescribed by the aforementioned authorities, all articles necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor’s care of persons (including employees) who may be injured on the jobsite. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Engineer and Owner. In addition, the Contractor must promptly report in writing to the Engineer all accidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to, the site, giving full detail and statements of witnesses. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. The Contractor shall take all necessary provisions for safe handling of chemical amendments and potentially hazardous wastes, including apprising himself of hazards, developing safety plans, providing emergency and decontamination services, and developing spill containment procedures. 3. PROJECT SCHEDULE The Contractor must complete the Project within ninety days (90) of the starting date stated in the Notice to Proceed. Time is of the essence for completion of all work of the Project and liquidated damages may be assessed against the Contractor for failure to adhere to the Project Schedule as provided in this Agreement. In the event the City determines, at the sole discretion of the City, that Contractor’s Resources are inadequate to meet the approved Project Schedule, the City may order the SPECIAL PROVISIONS 007000-3 007000 Contractor, in writing, to accelerate Contractor’s performance to give reasonable assurances of timely completion and quality results. Acceleration ordered pursuant to this Section will not be deemed a Change Order as provided for in this Agreement and the Contractor will not receive an equitable adjustment for such acceleration. Nothing in this Section relieves the Contractor of its duties and responsibilities to plan for and complete the work in a timely manner according to the Project Schedule. 4. PROJECT MEETINGS Pre-Construction Conference. After the Contract has been awarded, but before the start of construction, a pre-construction conference will be held at a time and place mutually agreed to by the parties. The conference shall be attended by the following: the Contractor and his superintendent; the principal subcontractors; representatives of principal suppliers and manufacturers, as appropriate; the Engineers and his construction observers; representatives of the Owner and others as appropriate. Unless previously submitted, the Contractor shall bring the following submittals to the conference: list of proposed Subcontractors; proposed construction schedule; schedule for submitting shop drawings and other submittals; schedule procurement dates; construction technique submittal forms (as applicable); preliminary payment schedule; and tentative schedule of values Work shall not start prior to the Engineer’s receipt of these submittals. The Engineer will preside at the conference and will arrange for keeping the minutes and distributing copies of the minutes to all persons attending the meeting. Progress Meetings: Weekly Progress meetings will be held during construction. The meeting will be attended by the Construction Superintendent and Engineer at a minimum. Meeting topic will include construction progress, construction issues, updated schedule, submittals, changes, interpretation of bid documents and other topics associated with the project. 5. UTILITIES AND BARRIERS Notification. The contractor shall contact the one call locate number in advance of performing any drilling or excavation work on the site to obtain utility locates over the entire area to be impacted by construction of the project. The Contractor shall immediately notify the Engineer of the discovery of any utilities that conflict with the work that were not previously identified on the plans. Identification. All utilities that may conflict with the work shall be the Contractor’s responsibility to locate before any excavation is performed. Field markings provided by the utilities shall be preserved by the Contractor until actual excavation commences. All utility locations on the Drawings should be considered approximate and should be verified in the field by the Contractor. The Contractor shall also be responsible for locating all utilities that are not located on the Drawings. Temporary Utilities. The Contractor shall provide all temporary electrical, lighting, telephone, heating, cooling, ventilating, water, sanitary, first aid, fire protection, and other SPECIAL PROVISIONS 007000-4 007000 utilities and services necessary for the performance of the work. All fees, charges, and other costs associated therewith shall be paid for by the Contractor. Conflicts with Existing Utilities. For any utilities shown on the plans which are damaged or require temporary support to allow performance of the work, the Contractor shall contact the utility’s owner and make all arrangements and pay all costs associated with the repair and/or temporary support of the utility. The Contractor shall comply with all requirements of the utility’s owner. The Contractor is responsible for the repair of any utilities that were properly marked by the utility locator and damaged by the Contractor, whether they are shown on the plans or not. Barriers. The Contractor shall temporarily remove all fences, barricades, minor structures, and other obstructions that interfere with the execution of the work. Removal shall not extend beyond designated construction limits or right-of-way without first obtaining written authorization from the owner of the barrier. Fences and barriers used for the confinement or exclusion of livestock, animals, or persons shall be replaced at the end of each workday to the extent necessary to perform the restrictive intent of the barrier. Unless otherwise directed by the Engineer or indicated on the Drawings, all barriers so removed shall be replaced following the completion of the work to as good or better condition than existed prior to the start of the work. The requirement applies to small trees and decorative shrubs as well as fences, barricades, and minor structures. The contractor shall replace at his own expense all barriers damaged or destroyed. 6. REPAIR AND REPLACEMENT QUALITY General. Items requiring repair or replacement due to damage or removal or otherwise necessitated in the course of pursuance of the work, and which are not otherwise specified herein, shall be repaired or replaced to the following levels of quality. Paved and Gravel Roads, Driveways, and Sidewalks. Repair or replacement shall be to a thickness and grade matching the existing condition. Quality of materials and methods shall comply with respective sections of the current edition of the Montana Public Works Standard Specifications and City of Bozeman Modifications to Montana Public Works Standard Specifications. Water and Sewer Main Services. Repair or replacement shall be in a manner consistent with the existing condition using materials conforming to the City of Bozeman Modifications to Montana Public Works Standard Specifications, Uniform Plumbing Code, the current editions of the DEQ 1 and 2 circulars, American Water Works Association Standard Specifications, and the requirements of the Montana Department of Environmental Quality. Construction shall also comply with the current edition of the SPECIAL PROVISIONS 007000-5 007000 Montana Public Works Standard Specifications. Repair or replacement will not be allowed with materials like the existing installation if they do not conform to the above-referenced standards. Electrical, Telephone, Cable TV, Natural Gas, and Petroleum lines. Repair or replacement shall be to the standards required by the utility owner and at the utility owner’s option may be performed by the utility owner with full cost assessed to the Contractor. Fences and Retaining Walls. All fences and retaining walls adjacent to any work site are to be maintained to the satisfaction of the abutting property owners. The Contractor shall notify the landowners of the need to temporarily remove or relocate fences or the protecting retaining walls for access to the work and shall coordinate such activities with the respective landowners in regard to removal, relocation, and restoration of fences or retaining walls prior to commencing work. Any fence or retaining wall removed or destroyed during the course of the Contract shall be reinstalled or reconstructed in like kind at no cost to the Owner or the landowner. The cost for this work shall be considered incidental and no additional compensation will be allowed. Other items. Regarding Repair Versus Replacement. The decision of repair versus replacement of an affected item shall be at the discretion of the Engineer upon consultation with the owner of the item. The decision shall be based on a determination of whether repaired quality can equal the quality of a replacement installation. The Engineer’s authority shall be final in this regard. Limits of Repair and Replacement. The limits of areas to be repaired or replaced shall be determined by the Engineer in the field based on the extent of damage or removal sustained. The determination shall be based on ensuring that all damage or removed portions of the existing installation are fully restored. The authority of the Engineer shall be final in this regard. All work effects outside limits as described in these Contract Documents are subject to repair and replacement quality as described herein. Repair by Party Owning or Maintaining Item. The party owning or maintaining the item under consideration shall have the exclusive right to undertake repair or replacement themselves and charge the Contractor for full costs incurred or to direct and supervise the Contractor to repair or replace the item to their standard of quality. The authority of the owner of the item shall be final in this regard. 7. GENERAL CONSTRUCTION REQUIREMENTS Quality Assurance. The Engineer will monitor the construction of work covered by this section to determine if the work is being performed in accordance with the contract documents. The Engineer does not have the authority or the means to control the Contractor’s methods of construction. It is, therefore, the Contractor’s responsibility to utilize all methods, equipment, manpower, and other means necessary to assure that the work is installed in compliance with the Drawings and Specifications, and laws and SPECIAL PROVISIONS 007000-6 007000 regulations applicable to the work. All buried work items shall be installed in the presence of the Engineer, or it may not be considered for payment. Grade and Alignment. The Contractor shall provide all construction staking as required to define the locations of the wells, street, sidewalks, underground utilities, and all other items to be installed under this contract. Tolerances. Construction tolerances for the work shall be as outlined in the Technical Specifications. Construction Limits. Construction limits shall be within the right-of-way limits and easements unless otherwise designated on the drawings. Equipment access is allowed along existing roads. Disturbance and equipment access beyond those limits is not allowed without the written approval of both the Engineer and the Owner of the affected property. If so approved, disturbance beyond construction limits shall meet all requirements imposed by the landowner; this includes existing roads used and/or improved as well as the construction of new access roads. Special construction, reclamation, or post-construction road ripping or other closure provisions required by the landowner on access roads beyond the construction limits shall be performed by the Contractor at no additional cost to the Owner. Areas of Disturbance. Approved areas of disturbance are those areas disturbed by construction activities within the construction limits and along designated or approved access routes. Such areas shall be fine graded to blend with the existing terrain. Other areas that are disturbed by the Contractor’s activities outside the limits noted above will be considered as site damage or unapproved areas of disturbance subject to the repair and replacement quality as specified herein, but costs of such work shall be borne by the Contractor. This includes areas selected by the Contractor outside the defined construction limits for mobilization, offices, equipment, or material storage. 8. ENGINEERING INTERPRETATIONS Engineering Decisions. It is realized that timely engineering decisions on construction activities or results have an important bearing on the Contractor’s schedule. On this project, the Engineer will make every effort to have a Project Inspector readily available to the project during the construction schedule, who has the authority to make judgement calls on matters dealing with interpretation of the plans and specifications, with one qualification: that he shall have the right to make twenty-four (24) hours to confer with other Engineers before giving said decision. When the decision affects a plan design or specification change, it should be realized that more time may be required than twenty-four (24) hours to gain the necessary Owner and funding source participation in the decision process including time for formal change order preparation as required. 9. REJECTED WORK Any defective work or nonconforming materials or equipment that may be discovered at any time prior to the expiration on the warranty periods shall be removed and replaced by SPECIAL PROVISIONS 007000-7 007000 work which shall conform to the provisions of the Contract Documents. Any material condemned or rejected shall be removed at once from the project site. Failure on the part of the Engineer to condemn or reject bad or inferior work or to note nonconforming materials or equipment on Contractor’s submittals shall not be construed to imply acceptance of such work. The Owner shall reserve and retain all its rights and remedies at law against Contractor and its Surety for correction of any and all latent defects discovered after the guarantee period. The Engineer will have the authority to reject work that does not conform to the Contract Documents and will provide the Owner with a list of defective work and nonconforming materials of equipment. The Owner will then promptly provide the Contractor with the list of defective work and nonconforming materials or equipment. 10. QUALITY CONTROL Scope. All work will be tested and inspected to ensure compliance with the Contract Documents. Complete payment will not be made until the Contractor has demonstrated that the work is complete and will perform as required. Performance of Tests and Inspections. The Contractor, Owner, Engineer, and representatives of funding and regulatory agencies will perform periodic inspections and tests to determine compliance with the Contract Documents. The Contractor shall provide qualified manufacturer’s representation during tests of equipment and special procedures as required by the Contract Documents. Notification. The Contractor shall provide the Engineer with a written schedule indicating dates for specific testing and inspection services to be performed. The schedule shall be updated as required to give the Engineer at least a week’s advance notice. The Contractor shall notify the Engineer immediately of any change or shall be subject to pay engineering fees as herein described. Inspection. The Contractor shall inspect the work as it is being performed. Any deviation from the requirements shall be immediately corrected. Prior to any scheduled inspection by the Engineer, the Contractor shall again inspect the work and certify to the Engineer that he has inspected the work and it meets the requirements of the Contract Documents. The Engineer's representative will observe work and compare the quality of the work with the requirements of the Contract Documents. Any discrepancies noted shall be brought to the Contractor's attention, who shall immediately correct the discrepancy. Failure of the Engineer to detect a discrepancy will not relieve the Contractor of his ultimate responsibility to perform the work as required. Should the Engineer incur additional costs to make additional observation as a result of unacceptable work, the Contractor shall reimburse the Owner for additional engineering fees at the Engineer's rates at the time. SPECIAL PROVISIONS 007000-8 007000 Observation by the Engineer's representative shall not be considered as authorization to proceed with the work. Work progress and the performance of quality work are the Contractor's responsibility. The Engineer's observation is for the purpose of determining what work will be paid for and what work will not be paid for. If the Engineer detects a discrepancy between the work and the requirement of the Contract Documents at any time, up to and including final inspection, such work will not be completely paid for until the Contractor has corrected the deficiency. The work will be subject to review by the Owner and funding agency representatives whose findings shall be as valid as those of the Engineer. The results of all such observations shall be directed to the Contractor through the Engineer. Equipment and System Tests. The Contractor shall provide all equipment, materials, supplies, manufacturer's representation, and incidentals necessary to perform tests on completed work. The Contractor shall notify the Engineer, in advance, when, where, and on what portion of the work a test will be performed and shall perform the test in the presence of the Engineer. The Engineer's presence during the test will not relieve the Contractor of his responsibility to provide equipment and systems meeting all the requirements of the Contract Documents and to warrant the work as required. Should any tests performed in the presence of the Engineer fail to meet the requirements of the Contract Documents or should the Contractor fail to provide adequate notice of a change in scheduling tests, the Contractor shall reimburse the Owner for additional engineering fees resulting there from. 11. CONSTRUCTION SURVEYS Construction staking of all improvements shall be provided by the Contractor. The Contractor shall replace any property pins damaged or removed by construction activities. In addition to construction staking, the Contractor is required to provide coordinates (including elevations) for the following as-built locations: - Borings and Test Wells 12. FIELD ENGINEERING Engineering Services Provided by the Engineer. The Engineer shall provide the following engineering services at no cost to the Contractor except as required for certain tests and retests as defined in the Contract Documents. Review of submittals and shop drawings as defined in the Specifications. Periodic inspections by the Engineer and its representative(s) as deemed appropriate by the Owner and Engineer. Independent Services Provided by the Contractor. If applicable, the Contractor shall provide the following services at no additional cost to the Owner. SPECIAL PROVISIONS 007000-9 007000 Field Density Testing of materials as required per the Technical Specifications. Testing shall be provided by a certified independent testing laboratory. Testing frequencies shall be as follows: Water Trench Backfill – one test per 1,000 sqft of trench for each lift Sewer Trench Backfill – one test per 1,000 sqft of trench for each lift Crushed Base Course – one test per 1,000 square feet Asphalt Surfacing: Maximum Density (Marshall) In-Place – one test per day Maximum Density (Rice) In-Place - one per day or discretion of Engineer Extraction In-Place one test per maximum density sample Gradation In-Place- one test per maximum density sample Compaction In-Place – one test per 1000 sf per lift Concrete testing as specified. Preparation and certification of all required shop drawings and submittals. Performance of certain tests as required by the Contract Documents. Maintenance of project drawings, accurately marked up with changes. Design of all temporary construction falsework, bracing, shoring, support, or other structural work necessary for the permanence of the work. Engineering Services Paid for by the Contractor. The Contractor is advised that certain engineering services required by the Contract Documents will be performed by the Engineer and paid for by the Contractor. In general, these services include retests by the Engineer of tests that have failed, repeated review of submittals and shop drawings that have not been approved, and other services that are within the Contractor's control to avoid. Payment of engineering services shall be made by invoice to the Contractor or deducted from partial payments, whichever is necessary. 13. REGULAR HOURS AND WEATHER DAYS Regular Hours. The regular work week shall consist of a maximum of six working days, Monday through Saturday, with regular working hours between 7:00 am and 7:00 pm. Weather Days. In the event inclement weather or the aftermath of inclement weather prevents the Contractor from performing the sequence of operations that should be in progress at that time for a minimum of 60% of the normal daily schedule being worked, he may request a time credit for that day. No credit for inclement weather will be allowed on non-working days (Saturday, Sunday, and Holidays). SPECIAL PROVISIONS 007000-10 007000 Determination of the number of credit days will be made between the Contractor and the Engineer at the end of each calendar month. 14. MATERIAL SOURCES If additional material is needed for trench backfill, embankment or other materials, the Contractor will be responsible for placement and import from a designated off-site location acquired by the Contractor and approved by the Engineer at the sole cost of the Contractor. If excess material is generated during construction, it shall be exported and disposed of in an offsite location acquired by the Contractor and approved by the Engineer at the sole cost of the Contractor. 15. ENVIRONMENTAL PROTECTION The Contractor shall comply with all laws and regulations of the United States Corps of Engineers and Environmental Protection Agency, Montana Department of Fish, Wildlife and Parks, Department of State Lands, Department of Environmental Quality, the Department of Natural Resources and Conservation, and with all other Federal, State, and Local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with sediments, fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. The Contractor also agrees to comply with the requirements of any permits obtained for the project by the Owner. These permits include but may not be limited to the permits listed under the Permits and Regulatory Requirements section. Copies of any of these permits are available upon request from the Engineer. If required, the Contractor shall be responsible for submitting and obtaining a storm water discharge permit from the Montana Department of Environment Quality. The cost of any erosion control measures or other work required by the permit shall be included in the bid and are considered incidental to the project 16. WEED CONTROL It is the Contractors responsibility to minimize the spread of weeds and weed seeds caused by construction activities. Prior to mobilizing equipment to the project site, the Contractor shall clean his equipment and vehicles to assure no weeds are imported. Organic material that may contain noxious weeds or weed seed that is removed from the site shall be covered during transport and disposed of in a landfill or other suitable location approved by the Engineer. Areas currently inhabited by weeds that are disturbed by construction shall be sprayed after construction and after plants have emerged. In areas exhibiting an abnormal growth of noxious weeds on a project site after construction as determined by the Owner or local weed control authority, the Contractor will be responsible for weed control under the contract warranty. 17. PERMITS AND REGULATORY REQUIREMENTS SPECIAL PROVISIONS 007000-11 007000 Jurisdiction. The performance of this work shall be under the jurisdiction of the following agencies, departments, and standards and compliance with the requirements thereof is required: Federal Level: United States Law State Level: Department of Environmental Quality; Department of Fish, Wildlife & Parks; Montana Department of Transportation; Montana Building Code Division; Uniform Building Code; Uniform Plumbing Code; Uniform Mechanical Code; National Electric Code; State annotations to these codes; and Montana State Law. Local Level: Gallatin County and the City of Bozeman Contractor's Responsibility. The Contractor shall familiarize himself with the requirements of all regulatory agencies pertaining to the performance of the work on the project. The Contractor shall secure and pay for all permits, licenses, and fees necessary for the performance of the work. The Contractor shall perform all work in accordance with the regulatory requirements. Any conflict between the Contract Documents and the regulatory requirements shall be brought to the immediate attention of the Engineer. The following permits will be required for construction: Permit : NONE Construction Dewatering General Permit (CDGP) authorization is not required for dewatering performed through a wellpoint or deep well that is installed in an undisturbed ground water [Montana Code Annotated (MCA) 75-5-40191)]. Because this exemption applies to unaltered groundwater, the Contractor shall control the first flush/initial purge so that sediment-laden water is not discharged into surface water. 18. SMOKE AND DUST CONTROL The Contractor shall have informed himself of all applicable State Board of Health requirements and similar State or Federal requirements pertaining to control of or abatement of air pollution. The Contractor shall have provided or be prepared to provide such air pollution control measures as are required to comply with the minimum standards established by such agencies. Hauling of material and transport of equipment along public roadways or through the towns and adjacent other structures and dwellings shall require effective dust abatement procedures. This also applies to the unloading and placement of spoils material at deposition sites. The Contractor shall utilize environmentally sound methods for watering and/or otherwise chemically treating dust-generating surfaces to comply with all applicable legal standards for airborne particulates. Prior to any work, the Contractor shall submit a written plan for dust abatement procedures identifying at a minimum the following: SPECIAL PROVISIONS 007000-12 007000 • Times and nature of dust generating activity on public roads and at deposition sites. • Nature and chemical characterization of dust abatement materials to be used. • Method of application of dust abatement materials to be used. • Time schedule for application of dust abatement materials to be used. • Availability of equipment and operators for emergency application of dust abatement materials at other than scheduled times. Watering for dust control is considered incidental to the Contract and shall be performed at no additional cost to the Owner. 19. USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed. If such taking possession and use of incomplete work causes refinishing of completed work, the Contractor shall be entitled to such extra compensation or extension of time or both, as agreed by the Owner. 20. WARRANTY The Contractor shall warranty all materials and equipment furnished and work performed for a period of two years from the date of final city acceptance. The Contractor warrants and guarantees for a period of two years from the date of final acceptance of the project that the project is free of all defects due to faulty material or workmanship and the Contractor shall promptly make such corrections as necessary by reason of such defects including repair or damage to other parts of the project resulting from such defects. The Owner will give notice of observed defects with reasonable promptness. In the event the Contractor should fail to make such repairs, adjustments, or other work that may be made necessary by such defects, the Owner may repair the defects and charge the Contractor the cost thereby incurred. The performance bond shall remain in full force for a period of two years after final acceptance. 21. CONTRACT DOCUMENT DISCREPANCIES In the event that a provision of the Contract Documents conflicts with any other provision the Contract Documents, the provision in that Contract Document first listed below shall govern, except as otherwise specifically stated: - Agreement - Addenda to Contract Documents - Performance and Labor and Materials Bond - Proposal (bid) - Bid Security - Bid Provisions - Invitation to Bid - Instructions to Bidders SPECIAL PROVISIONS 007000-13 007000 - Drawings - Special Provisions - Technical Specifications 22. SITE CLEANUP Before final acceptance is made, the entire work area shall be cleaned and conditioned. This shall consist of the following: • Grease, oil, grit, dirt, grime, debris, and other foreign materials shall be removed; • Nicks, scratches, voids, holidays, and other imperfections in painted surfaces shall be touch-up painted with matching paint; • Chips, voids, cracks, and other imperfections in exposed concrete shall be repaired with methods and materials approved by the Engineer; • Threaded fasteners shall be checked for tightness; • Driveways shall be fine-graded; • Landscaping shall be fine-graded. • Asphalt and concrete surfaces shall swept and/or washed clean. At the completion of this Contract, before acceptance of the work by the Owner, the Contractor shall remove all of his equipment, tools, and supplies from the property of the Owner. Should the Contractor fail to remove such equipment, tools, and supplies, the Owner shall have the right to remove them at the Contractor’s expense and deduct all resulting costs from the final payment. 23. SANITARY FACILITIES Sanitary facilities shall be provided and maintained by the Contractor who will comply with state and local regulations. The cost of furnishing, installing, and maintaining sanitary facilities shall be considered incidental to other items of work and no additional compensation will be allowed. 24. PUBLIC NOTIFICATION The Contractor shall also coordinate with local residents directly impacted by construction. Advance notice of street closures and interruption of water/sewer service shall be made a minimum of 48 hours in advance. 25. CONSTRUCTION SCHEDULING The Contractor is required to submit a detailed Construction Schedule within 14 calendar days after contract award identifying the timing and sequencing of the work and the methods and timing of traffic control. The Contractor may determine construction sequencing at its discretion. 26. GEOTECHNICAL CONDITIONS SPECIAL PROVISIONS 007000-14 007000 A geotechnical investigation was not prepared for this project. END OF SECTION 007000 MEASUREMENT AND PAYMENT 012000-1 Section 012000 SECTION 012000 MEASUREMENT AND PAYMENT 1.01 RELATED DOCUMENTS A. Drawings and Special Provisions of the Contract, including the Construction Agreement and other Division 1 Specification Sections, apply to this Section. 1.02 SUMMARY A. This Section includes administrative and procedural requirements for measurement and payment. 1.03 DEFINITIONS A. Unit price is an amount proposed by bidders, stated in the Bid Form, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimated quantities of Work required by the Contract Documents are increased or decreased. 1.04 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, overhead, and profit. B. Measurement and Payment: The Measurement and Payment sections do not necessarily name all incidental items required to complete the Work. The cost of all such incidentals shall be included in the various related items of work. All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and are to be used only as a basis for estimating the probable cost of the work and for the purpose of comparing the proposals submitted for the work. It is understood and agreed that the actual amounts of work performed and the materials furnished under unit price items may differ from such estimated quantities and the payment for such work and materials shall be based on the actual work done and materials in each case. C. Engineer will determine the actual quantities and classifications of Unit Price Work performed by the Contractor. D. List of Bid Items: A list of unit Bid Items is included at the end of this Section. Specification Sections referenced in the schedule contain requirements for materials described under each Bid Item. E. Bid Items No. 1 through 15 are listed singly on the Bid Form. 1.05 LIST BID ITEMS A. Bid Item No. 1 Project Mobilization 1. Description: This item covers the costs of preparatory work and operations. Mobilize and demobilize for overall well drilling and testing. Move equipment, tools, supplies, and MEASUREMENT AND PAYMENT 012000-2 Section 012000 personnel to project area. Any bids that contain a lump sum bid price for mobilization greater than 10% of the bid price for the project may be rejected at the option of the Owner. 2. Work Required: Work under this section includes but is not limited to the following: a. The movement of personnel, equipment, supplies, and incidentals to the project area b. The establishment of all facilities necessary for work on the project c. The costs of obtaining the required permits, bonds and insurance d. All other work and operations which must be performed, or costs incurred prior to beginning work on the various items of the project. 3. Unit of Measurement: Lump Sum 4. Measurement: Measurement for MOBILIZATION will be made as a percentage completed of the lump sum. 50% of the lump sum will be credited to the first progress payment, with the second 50% being credited to subsequent progress payments in proportion to total construction completed as a percentage of the contract unit price. 5. Payment: Payment for MOBILIZATION will be made at the contract unit price bid as a lump sum. B. Bid Item No. 2 – Test Well: Air Rotary Drill 16-inch Diameter Borehole 1. Description: Drill test well per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Drilling b. Collection of formation samples and logging c. Temporary capping and site protection d. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Lineal Foot of well 4. Measurement: Air Rotary Drill 16-inch Diameter Borehole shall be measured per lineal foot from ground surface to total depth of well indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot for Air Rotary Drill 16-inch Diameter Borehole as indicated on the Bid Form and shall include all costs required to meet the technical specifications. MEASUREMENT AND PAYMENT 012000-3 Section 012000 C. Bid Item No. 3 – Test Well: Furnish and Install 12-inch Diameter Steel Well Casing 1. Description: Furnish and install 12-inch diameter steel well casing in the test well per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Furnish and drive steel casing b. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Lineal Foot of well 4. Measurement: Furnish and Install 12-inch Diameter Steel Well Casing shall be measured per lineal foot from ground surface to total depth of well indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot for Furnish and Install 12-inch Diameter Steel Well Casing as indicated on the Bid Form and shall include all costs required to meet the technical specifications. D. Bid Item No. 4 – Test Well: Install Grout Seal 1. Description: Install a grout seal between the well casing outer well opening per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Install a grout seal b. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Lineal Foot of well 4. Measurement: Install Grout Seal shall be measured per lineal foot from ground surface to a depth of 175 feet indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot for Install Grout Seal as indicated on the Bid Form and shall include all costs required to meet the technical specifications. E. Bid Item No. 5A – Test Well: Perforate 12-inch Steel Casing 1. Description: Perforate 12-inch diameter steel well casing in the test well per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: MEASUREMENT AND PAYMENT 012000-4 Section 012000 a. Perforate 12-inch diameter steel casing b. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Lineal Foot of well 4. Measurement: Perforate 12-inch Steel Casing shall be measured per lineal foot from ground surface to total depth of well indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot for Perforate 12- inch Steel Casing as indicated on the Bid Form and shall include all costs required to meet the technical specifications. F. Bid Item No. 5B – Test Well: Furnish and Install 12-inch Diameter Stainless-Steel Screen 1. Description: Furnish and Install 12-inch Diameter Stainless-Steel Screen in the test well per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Furnish and install 12-inch diameter stainless-steel screen b. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Lineal Foot of well 4. Measurement: Furnish and Install 12-inch Diameter Stainless-Steel Screen shall be measured per lineal foot from ground surface to total depth of well indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot Furnish and Install 12-inch Diameter Stainless-Steel Screen as indicated on the Bid Form and shall include all costs required to meet the technical specifications. G. Bid Item No. 6 – Test Well: Furnish and Place Sand/Gravel Pack at Screened/Perforated Intervals 1. Description: Furnish and place sand/gravel pack at screened/perforated intervals per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Furnish and place sand/gravel pack at screened/perforated intervals b. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. MEASUREMENT AND PAYMENT 012000-5 Section 012000 3. Unit of Measurement: Per Lineal Foot of well 4. Measurement: Furnish and Place Sand/Gravel Pack at Screened/Perforated Intervals shall be measured per lineal foot for a total length of 260 feet indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot for Furnish and Place Sand/Gravel Pack at Screened/Perforated Intervals as indicated on the Bid Form and shall include all costs required to meet the technical specifications. H. Bid Item No. 7 – Test Well: Develop Well Screen using Drill Rig 1. Description: Develop the well per the contract documents as directed by the project engineer/hydrogeologist. 2. Work Required: Work under this section includes but is not limited to the following: a. Develop well using air lift and other methods b. Observe discharge and develop well until discharge is sediment free c. Discharge and convey water away from well d. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Hour 4. Measurement: Develop Well Screen using Drill Rig shall be measured per hour spent actively developing the well as indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per hour for Develop Well Screen using Drill Rig as indicated on the Bid Form and shall include all costs required to meet the technical specifications. I. Bid Item No. 8 – Test Well: Furnish and Install Test Pump, Flow Meter, and Discharge Control Equipment and Piping for Pumping 1. Description: Furnish and install temporary well pump, flow meter, discharge/conveyance piping, flow control valve and all appurtenances necessary for well test per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Furnish and install temporary well pump, flow meter, discharge/conveyance piping, flow control valve, and all appurtenances necessary for well test b. Provide and maintain generator MEASUREMENT AND PAYMENT 012000-6 Section 012000 c. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Lump Sum 4. Measurement: Furnish and Install Test Pump, Flow Meter, and Discharge Control Equipment and Piping for Pumping shall be measured per lump sum as indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid lump sum for Furnish and Install Test Pump, Flow Meter, and Discharge Control Equipment and Piping for Pumping as indicated on the Bid Form and shall include all costs required to meet the technical specifications. J. Bid Item No. 9 – Test Well: Conduct 72-Hour Pumping Test 1. Description: Conduct constant rate 72-hour pumping test on the test well completed per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Utilize the previously installed equipment in Bid Item No. 8 b. Ensure continuous operation during test at constant pumping rate c. Allow for well recovery after test d. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Hour 4. Measurement: Conduct 72-Hour Pumping Test shall be measured per hour as indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per hour for Conduct 72-Hour Pumping Test as indicated on the Bid Form and shall include all costs required to meet the technical specifications. K. Bid Item No. 10 – Monitoring Well: Air Rotary Drill 6-inch Diameter Borehole 1. Description: Drill monitoring well per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Drilling b. Collection of formation samples and logging MEASUREMENT AND PAYMENT 012000-7 Section 012000 c. Temporary capping and site protection d. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Lineal Foot of well 4. Measurement: Air Rotary Drill 6-inch Diameter Borehole shall be measured per lineal foot from ground surface to total depth of well indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot for Air Rotary Drill 6-inch Diameter Borehole as indicated on the Bid Form and shall include all costs required to meet the technical specifications. L. Bid Item No. 11 – Monitoring Well: Furnish and Install 4-inch Diameter PVC Well Casing 1. Description: Furnish and install 4-inch diameter PVC well casing in the monitoring well per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Furnish and drive 4-inch PVC casing b. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Lineal Foot of well 4. Measurement: Furnish and Install 4-inch Diameter PVC Well Casing shall be measured per lineal foot from ground surface to total depth of well indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot for Furnish and Install 4-inch Diameter PVC Well Casing as indicated on the Bid Form and shall include all costs required to meet the technical specifications. M. Bid Item No. 12 – Monitoring Well: Install Grout Seal 1. Description: Install a grout seal between the well casing outer well opening per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Install a grout seal b. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Lineal Foot of well MEASUREMENT AND PAYMENT 012000-8 Section 012000 4. Measurement: Install Grout Seal shall be measured per lineal foot from ground surface to a depth of 175 feet indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot for Install Grout Seal as indicated on the Bid Form and shall include all costs required to meet the technical specifications. N. Bid Item No. 13 – Monitoring Well: Furnish and Install 4-inch Diameter PVC Well Screen 1. Description: Furnish and Install 4-inch Diameter PVC Well Screen in the monitoring well per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Furnish and install 4-inch diameter PVC screen b. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Lineal Foot of well 4. Measurement: Furnish and Install 4-inch Diameter PVC Well Screen shall be measured per lineal foot from ground surface to total depth of well indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lineal foot Furnish and Install 4-inch Diameter PVC Well Screen as indicated on the Bid Form and shall include all costs required to meet the technical specifications. O. Bid Item No. 14 – Monitoring Well: Develop Well Screen Using Drill Rig 1. Description: Develop the well per the contract documents as directed by the project engineer/hydrogeologist. 2. Work Required: Work under this section includes but is not limited to the following: a. Develop well using air lift and other methods b. Observe discharge and develop well until discharge is sediment free c. Discharge and convey water away from well d. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Per Hour 4. Measurement: Develop Well Screen using Drill Rig shall be measured per hour spent actively developing the well as indicated on the Bid Form. MEASUREMENT AND PAYMENT 012000-9 Section 012000 5. Payment: Payment will be made at the contract price bid per hour for Develop Well Screen using Drill Rig as indicated on the Bid Form and shall include all costs required to meet the technical specifications. P. Bid Item No. 15 – Monitoring Well: Furnish and Install Locking Steel Surface Casing and Concrete Surface Pad 1. Description: Furnish and install locking steel surface casing and concrete surface pad for the monitoring well per the contract documents. 2. Work Required: Work under this section includes but is not limited to the following: a. Furnish and install locking steel surface casing b. Install concrete surface pad c. All labor, tools, equipment, materials, royalties, and incidentals necessary to complete the work as specified. 3. Unit of Measurement: Lump Sum 4. Measurement: Furnish and Install Locking Steel Surface Casing and Concrete Surface Pad shall be measured per lump sum as indicated on the Bid Form. 5. Payment: Payment will be made at the contract price bid per lump sum for Furnish and Install Locking Steel Surface Casing and Concrete Surface Pad as indicated on the Bid Form and shall include all costs required to meet the technical specifications. END OF SECTION WATER WELLS 332124-1 SECTION 332124 SECTION 332124 WATER WELLS PART 1 - GENERAL 1.01 DESCRIPTION The City of Bozeman (City) is conducting a groundwater development program to determine the feasibility of locating and installing high-yield public water supply wells. The work is to include drilling of a Test Well and Monitoring Well at the Sports Park near the intersection of Oak Street and Flanders Mill in Bozeman. Subsequent work includes installation of a test pump and equipment to support a 72-hour pumping test of the Test Well. The proposed Test and Monitoring Well designs described below are preliminary and subject to change, depending on site conditions. The Test Well will be used to evaluate the capacity of the aquifer to produce groundwater in quantities suitable for a municipal well public drinking water system. The Test Well is intended to produce at least 500 gallons per minute (gpm) from a layered sedimentary aquifer located near the distal portion of the Bozeman Fan alluvial fan. Multiple screened intervals are anticipated, designed to connect the well screen to the coarse, more productive layers of the aquifer. The screened portions of the well may be accomplished either by a downhole perforator, or installation of manufactured screen sections. Either Item 5a or 5b (see Bid Form) will be selected by the Engineer, depending on conditions encountered while drilling (provide a unit price for both items). A gravel or sand pack placed in the annular space between the screen and borehole wall is also anticipated. A grout seal from the estimated top of the Tertiary sediments to ground surface is planned to seal off any shallower, Quaternary water-bearing zones. A 72-hour constant-rate pumping test is planned to collect data necessary for aquifer analysis. Contractor is to provide the pump, generator, inline flow meter, flow control valve and discharge line piping, adequate to control and direct discharge water to a nearby surface ditch, 500 to 800 feet to the northeast. Additionally, contractor is to provide support as needed during the test duration. 1.02 THESE PROJECT SPECIFICATIONS ARE FOR: A. Drilling and construction of one test well and one monitoring well to be used for preliminary characterization of subsurface lithology, aquifer yield evaluation, and water quality. Tasks include: 1. Drilling water supply test well 2. Drilling water supply monitoring well WATER WELLS 332124-2 SECTION 332124 3. Sampling of drill cuttings 4. Well logs and permitting 5. Well screens 6. Well development B. Provision, installation, and maintenance of a temporary pump, appurtenances, and power source to conduct a 72-hour pumping test. Well recovery will be monitored until 90 percent of pre-pumping levels are reached for the test well completed. C. Site reclamation and cleanup. 1.03 GENERAL REQUIREMENTS A. The Contractor shall provide all labor, equipment, and materials to complete work described in these specifications. B. Work shall be completed in accordance with the requirements of Title 37, Chapter 43, Montana Code Annotated and Title 36, Chapter 21, Administrative Rules of Montana, Board of Water Well Contractors. C. The Contractor shall comply with all federal, state, and local laws, ordinances or rules and regulations relating to the performance of the work. D. The Contractor shall procure, at his own expense, all certificates and licenses required of him by law for the execution of his work and is responsible for locating and marking all buried utilities relating to the described work. E. Contractor shall furnish and maintain portable restroom facilities for work crew. 1.04 LOCATION, ACCESS, AND STAGING A. The project location is in Bozeman, Montana on the south-east end of the Sports Park near the intersection of Oak Street and Flanders Mill. See the construction plan set for the locations of the test well and monitoring well. B. The Engineer will coordinate access for all sites. The Contractor will need to include costs for installing a stabilized entrance. C. The City will allow the Contractor to stage equipment and materials at a designated area at the Sports Park, see construction drawings. The Contractor may leave equipment and materials overnight in the designated staging area at his sole risk. WATER WELLS 332124-3 SECTION 332124 1.05 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.06 PERMITS, CERTIFICATES, LAWS, AND ORDINANCE A. Water supply wells shall be constructed by a water well contractor (Contractor) licensed by the State of Montana Board of Water Well Contractors B. The Contractor shall procure, at his own expense, all certificates and licenses required of him by law for the execution of his work. The Contractor shall comply with all federal, state, or local laws, ordinances or rules and regulations relating to the performance of the work. C. Water supply wells shall be constructed in accordance with Title 37, Chapter 43, MCA and Chapter 36, Subchapter 21 ARM. D. Water Disposal 1. If deemed necessary by the Engineer, the Contractor shall be responsible for obtaining and maintain discharge permits. 2. In all cases, water resulting from drilling, developing, or testing shall be diverted sufficiently far from the well so that discharged water does not infiltrate within the well’s pumping zone of influence or provide recharge during well performance testing. a. The 72-hour pump test shall be discharged into the existing ditch on the west side of Flanders Mill Road (Maynard-Border Ditch). 3. Operations without discharge to state waters shall comply with all other state and local regulations. 1.07 APPLICABLE CODES, STANDARDS, AND REFERENCES A. All work to be performed, and materials used must comply with the latest versions of the following standards. The publications listed below form a part of these Specifications to the extent referenced, the publications are referred to in the text by the basic designation only. 1. American Petroleum Institute (API) a. API Spec. 10 Specifications for Materials and Testing Well Cement 2. American Society for Testing and Materials (ASTM) WATER WELLS 332124-4 SECTION 332124 a. ASTM A-53 Specification for Pipe, Steel, Black and Hot-Dipped, Zinc- Coated Welded and Seamless b. ASTM A-134 Specification for Pipe, Steel, Electric-Fusion (ARC) – Welded (Sizes NPS 16 and Over) c. ASTM A-493 Specification for Stainless and Heat-Resisting Steel for Cold Heading and Cold Forging – Bar and Wire d. ASTM A-790 Specification for Seamless and Welded Ferritic/Austenitic Stainless Steel Pipe e. ASTM C-33 Specification for Concrete Aggregate f. ASTM C-150 Specification for Portland Cement 3. American Welding Society (AWS) a. AWS D1.1 Stainless Steel Welding 4. American Water Works Association (AWWA) a. AWWA 206 Standard for Field Welding of Steel Water Pipes b. AWWA A100-20 Standard for Water Wells c. AWWA C654-13 Disinfection of Wells 5. Board of Water Well Contractors Rules (Current Edition) Title 37, Chapter 43, MCA and Title 36, Chapter 21, ARM 6. National Association of Corrosion Engineering (NACE) 7. National Groundwater Association NGWA-01-14 Water Well Construction Standard 8. National Electric Code (NEC) 9. National Sanitation Foundation (NSF) 10. NSF/ANSI Standard 60 Drinking Water Treatment Chemicals 11. NSF/ANSI Standard 61 Drinking Water System Components 12. Underwriter’s Laboratories (UL) 1.08 SUBMITTALS A. Provide all required submittals as per Section 01300. WATER WELLS 332124-5 SECTION 332124 B. Provide the Engineer will all product submittals listed in Part 2 of this specification for approval. 1. Shop drawings, diagrams, and other data to document the design and method of construction of the screen, including strength specification. 2. Manufacturer’s data sheets on all materials (including fluids, additives, and grout materials) used in constructing the wells. The Contractor shall also submit the manufacturer’s certificate stating that all products meet or exceed the specified requirements and the manufacturer’s instructions indicating rigging, assembly, and installation instructions. 3. Product Data: Submit performance curves and rates capacities of selected temporary well pumps. C. Detailed construction schedule and delivery and installation dates. D. Well drilling and testing plans. Plans must include descriptions of methods, equipment, materials, scheduling, and quality control for well drilling, well development, and pumping tests. E. A project kickoff meeting at the Sports Park to detail the plan of execution, method of construction, and schedule. F. Daily drilling/activity logs of all project activities to the designated project Engineer/hydrogeologist at the end of each work day. G. Project record documents as described in 1.09. Project record documents must be submitted to the Engineer at the conclusion of the project. H. Complete and file a report of the well with the Montana Bureau of Mines and Geology (MBMG) as required by the Department of Natural Resources and Conservation (DNRC), providing draft and final copies to the Engineer. I. Submit a qualifications statement for their firm and all subcontractors, including copies of Contractor’s Water Well Contractor’s License and other information per 1.09. 1.09 PROJECT RECORD DOCUMENTS A. Well log for each well to include actual location of well, depth, soil, and rock strata, and drilling difficulties encountered. The well log must include an accurate geographical location (latitude-longitude coordinates) of the well as determined by GPS to a minimum accuracy of +/- 25 feet. Well log must be reviewed by Engineer. Well log must be filed with MBMG Groundwater Information Center. Well log must include description of: 1. Well casings: Material, diameter, thickness, weight per foot of length, and depth below grade. WATER WELLS 332124-6 SECTION 332124 2. Well screen: Material, construction, diameter, and opening size; or, location and size of perforated intervals 3. Pumping test: Static water level, yield and drawdown information, and additional information provided by the Engineer to include in the section titled “Notes.” 4. Geologic log: Formation log indicating lithology encountered. B. Signed copies of the driller’s daily activity log. 1.10 QUALITY ASSURANCE A. The water supply well drilling contractor shall be a Montana licensed water well contractor. Any subcontractor working under the licensed driller must meet the capability and experience requirements for the subcontractor portion of the work. B. The Contractor shall employ only competent workmen for the execution of this work and all such work shall be performed under the direct supervision of the experienced licensed well driller. C. The drilling equipment shall be steam cleaned prior to coming on site and in good operating condition. Equipment must be adequately sized to accomplish the work safely and effectively. 1.11 PROJECT CONDITIONS A.In preparing the bid, the Contractor may visit the well site and can be provided with available well log data. Any information regarding subsurface conditions is intended to assist the Contractor in preparing his bid. Such information is given, however, as being the best factual information available without the assumption of responsibility as to its accuracy or for any conclusions that the Contractor might draw therefrom. B.The Contractor shall protect all structures, walks, buried utilities, trees, shrubbery, lawns, etc., during the progress of work, and shall remove from the site all unused materials. Upon completion of the work, the Contractor shall restore the site as nearly as possible to its original condition. C.Well Drilling Water: Contractor shall provide water needed for drilling operations. D.Equipment: Depth of well is expected to be approximately 500 feet for the test well and 500 feet for the monitoring well but may vary as determined by site conditions or the Engineer. Drilling bits shall be sized for the hole diameter specified and/or recommended by the Montana Board of Water Well Contractors. E.Site Clearing: The Contractor shall be responsible for all clearing and grubbing necessary to prepare the site for drilling. WATER WELLS 332124-7 SECTION 332124 1.12 WELL SECURITY AND PROTECTION OF WATER QUALITY A. The Contractor shall take such precautions as are necessary or as may be required to permanently prevent contaminated water or water having undesirable physical or chemical characteristics from entering the source aquifer through the opening made by the Contractor in drilling the well. B. Contractor shall also take all necessary precautions during the construction period to prevent contaminated water, gasoline, diesel, equipment fluids, etc. from entering the well either through the opening or by seepage through the ground surface. C. At all times during the progress of the work, the Contractor shall protect the well to prevent either tampering with the well or the entrance of foreign matter into it. 1.13 MEASUREMENT AND PAYMENT A. All work required to be repeated and all additional materials, labor, and equipment required shall be furnished at the expense of the Contractor, and no claim for additional compensation shall be allowed therefor, except as specifically provided herein. B. Payment for the blank well casing installation will be based on measurement of vertical feet of casing installed from the surface exclusive of well screen. C. Payment for the gravel feed tube and sounding tube will be based on measurement of vertical feet of tube installed from the surface and shall be included in the unit price for casing. D. Payment for the well screen installation will be based on measurement of vertical feet of well screen installed exclusive of casing, complete in place. Payment for casing and screen includes installation of centralizers. PART 2 - MATERIALS 2.01 TEST WELL PERMANENT STEEL WELL CASING AND MONITORING WELL PVC CASING. A. Permanent steel casing shall be in accordance with ARM 36.21.640 and if driven shall be equipped with a drive shoe in accordance with ARM 36.21.644. Joints shall be in accordance with ARM 36.21.642. Well casing dimensions are shown in the design plans. Wells shall have unperforated casing to a minimum depth of 25 feet unless authorized by Engineer. B. All well casing shall be new, free from corrosion, clean, unperforated, and must extend to a minimum depth of 25 feet below grade. C. Steel casing shall consist of ASTM A53 steel pipe with threaded ends and threaded couplings for threaded joints or welded joints according to AWWA C-206. WATER WELLS 332124-8 SECTION 332124 D. Permanent well casing that is driven shall be equipped with a standard drive shoe at its lower end, welded or threaded onto the string of casing. The shoe shall have a beveled cutting edge of metal forged, cast, or fabricated for this special purpose. E. All casing joints shall be welded, or screw coupled and shall be watertight. If welded casing joints are used, the weld shall be a full penetrating weld at least equal in thickness to the wall thickness of the casing. F. The well casing shall be of steel and shall be the nominal diameter as called out in the contract documents and meet the following minimum requirements: Nominal Size (inches) Outside Diameter (inches) Wall Thickness (inches) Weight Per Foot (pounds) 2 2.875 .203 5.79 3 3.500 .216 7.58 3 4.000 .226 9.11 4 4.500 .237 10.79 5 5.563 .244 13.70 6 6.625 .250 17.02 8 8.625 .250 22.36 10 10.750 .250 28.04 12 12.750 .312 41.45 14 14.000 .312 45.68 16 16.000 .312 52.27 18 18.000 .375 70.59 20 20.000 .375 78.60 G. Monitoring well pvc casing shall be new, clean and meet Montana Department of Environmental Quality construction standards. WATER WELLS 332124-9 SECTION 332124 2.02 PACKERS A. Packers must be of material that will not impart taste, odor, toxic substance, or bacterial contamination to the well water. Packers make, type, and specifications shall be submitted to, and approved by, the Engineer prior to placement. 2.03 WELL SCREENS 2.04 A.Screens shall be constructed of materials resistant to damage by chemical action of groundwater or cleaning operations. The screen shall be fabricated of stainless steel, v- wire continuous slot, telescoping screen or approved alternate. B.The well screen shall have adequate strength to minimize damage during installation, development, and use at the final well depth, and must have no change of alignment at any of its joints after installation. The Contractor shall submit drawings, diagrams, and other data to document the design and method of construction of the screen, including strength specification. Screen end fittings shall be made of the same material as the screen body and shall be securely welded to each screen section. 1.Screen Couplings: Butt-type, stainless-steel coupling rings. 2.Screen Fittings: Screen, with necessary fittings, closes bottom and makes tight seal between top of screen and well casing. C.Screen spacers, if required, shall be of the same material and be of equal or greater strength than the well screen, or as recommended by the manufacturer. The screen and spacers shall be secured with welded connections. Welding for stainless steel shall conform to AWS D1.1. The end of the screen shall be capped with a stainless-steel plate welded to the bottom of the screen or other approved end as recommended by the manufacturer. D.Screen sizing: the length of the screen and screen slot shall be selected by the Engineer in consultation with the screen manufacturer. It shall be optimized to maximize well yield based on results of drilling and from a grain sieve analysis of aquifer formation material provided to a materials testing laboratory by the drilling contractor. See Part 3. E.The top of the screen shall include a blank section to overlap the well casing. When setting the screen, the Contractor shall ensure that the entire length of screened area is exposed to the aquifer/water bearing formation. F.Well screen for the monitoring well shall be 40-feet of pvc manufactured screen, sized according to Engineer’s recommendation. TEST WELL TEMPORARY WELL CAP A. A lockable sanitary well cap for the test well shall be provided in accordance with ARM 36.21.661. WATER WELLS 332124-10 SECTION 332124 B. An access port must be provided to facilitate water level measurement per ARM 36.21.665. The access port must be watertight. C. Cap shall be watertight, vented, and made of steel or cast iron of at least 3/16-inch in thickness. PART 3 - EXECUTION 3.04 PREPARATION A. Review existing well logs for the Gallatin High School. B. Contractor shall locate and mark underground utilities at least two days prior to drilling. 3.05 METHOD OF CONSTRUCTION A. The drilling method shall be air rotary and approved by the Engineer. While drilling with a rotary bit, pressure shall be maintained on the formation, and material displaced by the bit shall be removed by compressed air. B. The Contractor shall coordinate with the Engineer or Engineer’s Representative prior to, and during drilling, well construction, development, and aquifer testing. 3.06 WELL DRILLING A.The test well construction will consist of 12-inch diameter, 0.312-in wall steel casing with an 12-inch stainless-steel wire wrapped screen, drilled and installed to a depth up to 500 feet below ground surface (bgs). An alternative to the 12-inch stainless-steel wire wrapped screen is to perforate the 12-inch diameter steel casing at interval(s) directed by the Engineer. The Contractor is to provide a bid for both casing options. B.The monitoring well construction will consist of 4-inch diameter polyvinyl chloride (pvc) casing with a 4-inch pvc screen, drilled and installed to a depth up to 500 feet bgs. C.The Contractor shall collect formation samples at 5-ft intervals in labeled bags. In addition to these samples, any significant changes in lithology shall be noted by the Contractor and a formation sample shall be collected. All samples shall consist of approximately one quart of material. The samples shall be stored in a clear plastic bag and clearly labeled with the well name, depth, and date of collection. D. The borehole shall be drilled to a depth adequate to identify the top and bottom of the target stratum such that the screened interval can be effectively identified. WATER WELLS 332124-11 SECTION 332124 E. The use of casing perforation tool such as a mills knife is included as an option on the Bid Form. Engineer shall approve perforation method used. F. Contractor may be requested by the Engineer to stop drilling and conduct short term (5- 15) min yield tests of water bearing zones using air lift methods. 3.07 WELL SCREENS 3.08 A.260-feet of screen with appropriately sized manufactured stainless-steel wire wrapped screen with a K-packer shall be installed for the test well. B. 40-feet of screen with appropriately sized pvc screen with a K-packer shall be installed for the monitoring well. C.The test-well screen shall be installed to include 5-feet of blank section to overlap the surface casing so that the full length of the screen openings is exposed to the aquifer formation. D.The test-well screen assembly shall be equipped with a 3- to 5-foot long bottom tail pipe with bottom cap. The monitoring-well screen shall be equipped with a cap up to 1-foot long. E.Screen slot size will be based on a sieve analysis of the formation sample(s) from the primary water bearing zone(s). A large sample consisting of one or more five-gallon buckets of material shall be collected from the water-bearing zone(s) as directed by the Engineer. The Contractor shall assist in collecting representative sample(s) of formation material. The Engineer is responsible for sieve size analysis and will share the results with the Contractor. The Contractor is advised that determination of screen slot size may require up to one week. The final size of well screen openings will be determined by the Engineer in coordination with the Contractor’s screen representative. UPPER TERMINAL TEST AND MONITORING WELL CONSTRUCTION A. Permanent casings for all groundwater sources shall be in accordance with ARM 36.21.647. The upper terminal of the well must be constructed to prevent contamination from entering the well and shall be protected from physical damage. B. Ground must be sloped away from well head to prevent ponding and possible contamination. C. If well is located in a place prone to flooding as determined by Engineer and indicated on the design plans, the top of the final well casing must terminate at least three feet above the 100-year flood level or highest known flood elevation shown on the plans. To facilitate yield testing the top of the well casing may be temporarily terminated at 2-feet above ground surface. The final well casing shall be welded following completion of yield testing with approval from the Engineer. WATER WELLS 332124-12 SECTION 332124 D. An access port shall be provided to facilitate water level measurement per ARM 36.21.665. The access port must be watertight. E. Naturally flowing wells must be sealed in accordance with ARM 36.21.658. 3.09 PLUMBNESS AND ALIGNMENT A. Wells must be plumb and aligned in accordance with AWWA A100-20 (or equivalent standard approved by Engineer). B. The maximum allowable horizontal deviation of the well from the vertical shaft shall not exceed two-thirds times the smaller inside diameter per 100 feet, tested to the depth of the expected pump installation. C. If the well fails to meet these requirements, it may be rejected, in which case the well must be abandoned and re-drilled at the Contractor’s expense. At the sole discretion of the Engineer, such a well may also be accepted if it does not interfere with the installation or operation of the pump, uniform placement of grout, or other functions of the well. 3.10 WELL CAPPING A. Well capping shall be in accordance with ARM 36.21.661. B. At all times during the progress of the work, the Contractor shall protect the well in such manner as to effectively prevent either tampering with the well or the entrance of foreign matter into it. No excavation below the existing grade shall begin until drilling is completed and the pitless adapter is available for installation. 3.11 WELL DEVELOPMENT A. Upon completion of the each well, before conducting the yield and drawdown tests, the Contractor shall develop the wells by such methods as will effectively extract from water-bearing formation the maximum practical quantity of sand, drilling mud, and other fine materials in order to bring the well to maximum yield per foot of drawdown and to a sand-free condition per AWWA A100-20. B. Compressed air, surge plungers, high-velocity jetting equipment and pumps may be used for the development work. This work must be done in such a manner that does not cause undue settlement and disturbance of the strata above the water- bearing formation. Additionally, this work must not disturb the seal or reduce the sanitary protection around the well casing. Development of the well shall be continued until water pumped from the well at the maximum test pumping rate is clear and free of sand. Development shall comply with ARM 36.21.653. The method of well development must be described in the well log. C. Measurement of Operating Parameters During Development: WATER WELLS 332124-13 SECTION 332124 1. Discharge Rate: The device used to measure the pump discharge rate shall have a minimum accuracy of +/- 5 percent of the measured reading. 2. Depth to Water: Depth to water in the well shall be measured accurately for each pumping rate to the hundredth of a foot. 3. Measurement of Sand Content: Sand content may be measured with a centrifugal sand sampler as described in Rossum, John R.; Control of Sand in Water Systems; Journal American Water Works Association, 46:2:123 (Feb. 1954), or Engineer approved equal. 3.12 WELL PUMP TESTINGS A. Well pumping tests shall be performed on the test well after construction and development. The Contractor shall notify the Engineer when ready to proceed with testing and shall furnish and install all necessary equipment capable of pumping the well and measuring the pumping rate across the range of flow rates specified by the Engineer. B. Pumping tests include a constant rate discharge test. The goal of the pumping test is to determine the highest sustainable flow rate of the well. 1. The constant rate pumping test will begin after water level in the well has recovered to pre-pumping static water level. During the constant rate pumping test, the test well shall be pumped at a constant rate for up to 72 hours using a temporary pump provided by the Contractor. The pumping rate will have been determined by the results of the step-drawdown test. Well yields are estimated to be greater than 500 gallons per minute (gpm) and could be much greater. Any necessary adjustment to the discharge rates during the pumping test will be as directed by the Engineer. 2. Recover test. Following pumping, water level in the well will be monitored until the level recovers to at least 90% of pre-pumping conditions or until 24-hours elapses. C. The well Contractor shall provide the following: temporary test pump, power source, fuel, flow measuring meter (instantaneous flow rate and totalizer), gate valve, up to 800 feet of discharge pipe, backflow preventer, pump curves, depth of test pump setting, and all other appurtenances necessary to conduct the yield testing. The Contractor shall be responsible to ensure smooth and continuous operation of the pump throughout all testing. Disruption to the test due to failure of Contractor’s equipment shall necessitate starting the test over at Contractor’s expense. 1. The Engineer or Engineer’s Representative will collect measurements during the 72-hour test. The Contractor shall provide all necessary equipment to collect the measurements and ensure continuous operation of the pump throughout all testing. D. The temporary test pump shall have the capacity to provide a range of flow rates under total dynamic head conditions suitable for completing the constant-rate test up to the probable maximum yield rate identified by the Engineer. The Contractor shall coordinate WATER WELLS 332124-14 SECTION 332124 the pump placement and capacity with the Engineer. The pump will be located above but close to the top of the screen. E. Contractor will assist the Engineer or Engineer’s Representative in installing an electronic pressure transducer in the well being tested. Contractor shall install one (1) 1-inch PVC pipe into the test pumping well to accommodate the pressure transducer and cable. The Engineer will supply electronic pressure transducers. F. Contractor shall collect periodic water level measurements from all onsite wells during aquifer testing. G. The Contractor shall provide discharge piping to conduct the water to a natural drainage, the existing Maynard-Border Ditch west of Flanders Mill, where the water will not damage any property or adversely affect test results. Discharge piping must be of sufficient length to convey the produced water away from the well so that it does not re- infiltrate and affect the test. The discharge location shall be approved by the Engineer. In no case shall the discharge point be within 200 feet of existing wells. H. Contractor shall coordinate with the Engineer to facilitate installation of pressure transducers so that at least 48 hours of background water level data can be collected prior to initiation of the step and pumping tests. 3.13 WATER QUALITY TESTING A. Near the completion of the constant rate pumping tests, one water quality sample will be collected by the Engineer. The sample will be submitted to a State-approved laboratory for analysis following DEQ PWS requirements and selected secondary parameters. 3.14 SITE CLEAN-UP AND PROTECTION A. The Contractor shall protect all structures, walks, buried utilities, trees, shrubbery, lawns, etc., during the progress of his work, and shall remove from the site all unused materials. B. At all times during the progress of the work, the Contractor shall protect the well to prevent either tampering with the well or the entrance of foreign objects into it. C. The drilling site shall be cleaned up, all drill cuttings removed, and restored to its original elevations. Drill cuttings may be spread in designated areas. All areas disturbed by the Contractor shall be reclaimed to its original condition and reseeded. The Contractor shall submit proposed seed mix for approval prior to initiating site reclamation work. Reclamation work shall be completed to the satisfaction of the Engineer. D. Water pumped from the well shall be conducted to a place where it will be possible to dispose of the water without damage to property or the creation of a nuisance. All drilling fluids must be collected for proper off-site disposal. WATER WELLS 332124-15 SECTION 332124 3.15 OTHER A. In the event the well becomes contaminated or that water having undesirable physical or chemical characteristics does enter the well due to the neglect of the Contractor, he shall, at his expense, perform such work or supply such casings, seals, sterilizing agents, or other material as may be necessary to eliminate the contamination or shut off the undesirable water. B. Naturally flowing wells must be sealed in accordance with ARM 36.21.658. C. All wells that have no further use must be sealed in accordance with ARM 36.21.658. D. The Contractor shall take precautions as are necessary or as may be required permanently to prevent contaminated water (i.e. water having undesirable physical or chemical characteristics) from entering into the well and source aquifer. The Contractor shall also take all necessary precautions during the construction period to prevent contaminated water, hydraulic fluid, diesel, etc. from entering the well, either through the opening or y seepage through the ground surface. Drilling fluids and additives used in drilling operations must be approved by the National Sanitation Foundation (NSF) or a similar ANSI accredited laboratory/organization. PART 4 - MEASUREMENT AND PAYMENT The water supply test well and monitoring well will be paid as part of the project bid item(s) on the basis of contract unit price bid per lump sum and shall consist of all the work associated with the work described in this Section, while also including surface preparations, work area access and egress, and site reclamation. Measurement and payment will follow Section 012000. END OF SECTION APPENDICES A.CONSTRUCTION DRAWINGS B.EXISTING WELL LOGS AT GALLATIN HIGH SCHOOL A.CONSTRUCTION DRAWINGS I-9 0 OAK STREET GALLATIN COUNTY REGIONAL PARK PROJECT LOCATION BOZEMAN SPORTS PARK BAXTER LANE GALLATIN HIGH SCHOOL FLANDERS MILLROADHARPER PUCKETT ROADFERGUSON AVEN 19TH AVEDAVIS LANESHEET NUMBER: STAMP 3.02.2022PROJECT NAME:SUBMITTED FOR:NAME: N:\Projects\W0022.21001 COB GW Investigation-Phase 4\DWG\Sheets\01 Cover.dwg PLOT DATE: Mar 02, 2022 10:11amPRELIMINARY NOT FOR CONSTRUCTION03/2022 THIS DRAWING IS INCOMPLETE AND NOT TO BE USED FORCONSTRUCTION UNLESS IT ISSTAMPED, SIGNED AND DATED REVISION DESIGNEDDRAWNCHECKEDDATESHEET TITLE:WATER & NATURAL RESOURCES3810 VALLEY COMMONS DR SUITE 4BOZEMAN, MT 59718WWW.RESPEC.COM PHONE: (406)284-2525PROJ. #: B ID SET RPEMARRPEW0022-21001 GROUNDWATERINVESTIGATION -PHASE 4CITY OF BOZEMANENGINEERING DEPARTMENT20 EAST OLIVE STREETBOZEMAN, MT 59715G-000COVERCITY OF BOZEMAN ENGINEERING DEPARTMENT 20 EAST OLIVE STREET BOZEMAN, MONTANA 59715 MARCH 2022 RESPEC PROJECT NO. W0022.21001 CITY OF BOZEMAN MUNICIPAL GROUNDWATER TEST WELLS VICINITY MAP N.T.S. DATEMICHAEL ANTHONY ROTAR REGISTERED PROFESSIONAL ENGINEER STATE OF MONTANA NO. PEL-PE-LIC-13285 RESPEC RESPE C CITY OF BOZEMAN CONTACT City of Bozeman Engineering Division Brian Heaston, PE (406) 582-2282 Email: bheaston@bozeman.net Sheet Index Sheet Number Sheet Title GENERAL G-000 COVER G-001 GENERAL NOTES, LEGEND, & ABBREVIATIONS CIVIL C-100 OVERALL LOT LAYOUT C-101 LOT LAYOUT DETAILS C-500 WELL DETAILS SHEET NUMBER: STAMP 3.02.2022PROJECT NAME:SUBMITTED FOR:NAME: N:\Projects\W0022.21001 COB GW Investigation-Phase 4\DWG\Sheets\03 General N-L-A.dwg PLOT DATE: Mar 02, 2022 10:11amPRELIMINARY NOT FOR CONSTRUCTION03/2022 THIS DRAWING IS INCOMPLETE AND NOT TO BE USED FORCONSTRUCTION UNLESS IT ISSTAMPED, SIGNED AND DATED REVISION DESIGNEDDRAWNCHECKEDDATESHEET TITLE:WATER & NATURAL RESOURCES3810 VALLEY COMMONS DR SUITE 4BOZEMAN, MT 59718WWW.RESPEC.COM PHONE: (406)284-2525PROJ. #: B ID SET RPEMARRPEW0022-21001 GROUNDWATERINVESTIGATION -PHASE 4CITY OF BOZEMANENGINEERING DEPARTMENT20 EAST OLIVE STREETBOZEMAN, MT 59715G-001GENERAL NOTES,LEGEND, &ABBREVIATIONSGENERAL NOTES: 1. THE CONTRACTOR WILL BE EXPECTED TO MINIMIZE DISTURBANCE WHILE PERFORMING THE WORK AND INSTALL AND MAINTAIN HIGHLY FUNCTIONAL SEDIMENT AND EROSION CONTROLS THE FULL DURATION OF THE PROJECT. 2. CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES AND DETERMINE LOCATION OF ALL UNDERGROUND UTILITIES BEFORE COMMENCING WORK. CALL 811 (OR ONE CALL UTILITY LOCATE: 1-800-424-5555) A MINIMUM OF 72-HOURS BEFORE WORK IS PLANNED. CONTRACTOR IS RESPONSIBLE FOR PROTECTING AND PROPERLY REPAIRING ANY AND ALL DAMAGED UTILITIES. 3. ALL CONSTRUCTION WILL CONFORM TO THE LATEST EDITION OF THE MPWSS, AND COB MODIFICATIONS TO MPWSS. 4. ANY EXISTING OR NEW VALVES WHICH CONTROL THE COB'S WATER SUPPLY SHALL BE OPERATED BY COB PERSONNEL ONLY. 5. THE CONTRACTOR SHALL NOTIFY THE WATER DEPARTMENT A MINIMUM OF 24-HOURS PRIOR TO BEGINNING ANY WORK. 6. CONTRACTOR SHALL FIELD VERIFY LINE AND GRADE OF EXISTING CONDITIONS. 7. ANY UTILITY LOCATIONS SHOWN ON THE DRAWINGS ARE APPROXIMATE. ALL UTILITY LOCATIONS ARE SUBJECT TO THE ACCURACY OF THE LOCATION METHOD AND SUBJECT TO RELOCATION FROM THE TIME THAT THESE DRAWINGS WERE PREPARED. 8. THE CONTRACTOR SHALL HAVE ONE (1) SIGNED COPY OF THE APPROVED PLANS AND A COPY OF ANY PERMITS AND EXTENSION AGREEMENTS NEEDED FOR THE JOB, ON-SITE AT ALL TIMES. 9. THE CONTRACTOR IS RESPONSIBLE FOR THE SAFETY OF ALL PERSONNEL, ALL SITE VISITORS, AND THE GENERAL PUBLIC WHO MAY BE AFFECTED BY THE CONSTRUCTION. THIS INCLUDES BUT IS NOT LIMITED TO GENERAL AND CHANNEL EXCAVATION, SHORING, TRAFFIC CONTROL, AND SECURITY. SHOULD CONSTRUCTION ACTIVITIES NECESSITATE TEMPORARY FULL OR PARTIAL CLOSURE OF ROADWAYS, THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING AND MANAGING THE CLOSURE. 10.CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER OF ANY CONFLICTS FOUND BETWEEN THE CONSTRUCTION PLANS AND CONDITIONS ENCOUNTERED IN THE FIELD. 11.CONTRACTOR SHALL, UNLESS OTHERWISE DIRECTED, REPLACE ALL SIGNS, FENCES, CABLES, APPROACH DELINEATORS, OR OTHER FEATURES THAT MAY BE REMOVED TO ACCESS THE CONSTRUCTION AREA. CONTRACTOR SHALL VERIFY THE NATURE AND EXTENT OF ANY OF THESE FEATURES PRIOR TO BIDDING THE WORK. COST OF THIS WORK SHALL BE INCIDENTAL TO THE PROJECT UNLESS OTHERWISE STATED IN THE CONTRACT DOCUMENTS. 12.CONTRACTOR SHALL COMPLY WITH ALL CONDITIONS AND RESTRICTIONS FOUND IN REGULATORY PERMITS OBTAINED BY THE ENGINEER. 13.LEGAL LOAD LIMIT REQUIREMENTS SHALL BE ADHERED TO ON ALL STATE HIGHWAYS, COUNTY ROADS, AND CITY STREETS. 14.THE CONTRACTOR IS TO PROVIDE THEIR OWN WATER FOR COMPACTION AND DUST ABATEMENT. 15.CONSTRUCTION SHALL COMPLY WITH THESE PLANS IN ADDITION TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS. 16.ALL EQUIPMENT USED ONSITE WILL BE CLEAN AND WASHED PRIOR TO ARRIVAL TO THE PROJECT AREAS. ALL IMPORTED MATERIAL MUST BE CERTIFIED AS WEED FREE. 17.EMERGENCY SPILL KITS WILL BE MAINTAINED ON EACH PIECE OF EQUIPMENT, OR IN AN AREAS THAT CAN RAPIDLY BE REACHED. 18.DURING POST-PROJECT SEDIMENT BARRIER REMOVAL, REMOVE OR PERMANENTLY STABILIZE SEDIMENT TRAPPED BY SEDIMENT BARRIERS. 19.ALL EXPOSED SOILS WILL BE STABILIZED ONCE CONSTRUCTION IS COMPLETED. SOILS WILL BE STABILIZED USING VARIOUS TECHNIQUES AS DESCRIBED IN THIS PLAN INCLUDING, SEEDING, SOD TRANSPLANT AND PLANTING. 20.THE CONTRACTOR SHALL BE RESPONSIBLE FOR SAVING AND PROTECTING ALL EXISTING TREES AND VEGETATION WHERE REMOVAL FOR CONSTRUCTION IS NOT MANDATORY. 21.IF WOUNDING OF SAVED TREES OCCUR, A NON-TOXIC WOUND DRESSING MUST BE APPLIED IMMEDIATELY. EXCAVATORS MUST HAVE A NON-TOXIC TREE WOUND DRESSING WITH THEM ON CONSTRUCTION SITES. 22.ALL REMOVED ITEMS SHALL BECOME THE CONTRACTOR'S PROPERTY TO BE DISPOSED OF IN AN APPROVED MANNER IN ACCORDANCE WITH REGULATION BY THE OWNER AT NO ADDITIONAL EXPENSE TO THE OWNER, UNLESS SPECIFIED WITHIN THE PLANS. NO CONCRETE, RUBBLE, OR EXTRA MATERIALS SHALL BE BACKFILLED ON SITE. 23.MATERIAL STOCK PILE AREAS, ACCESS ROUTES, AND EQUIPMENT STORAGE AREAS WILL BE DISCUSSED AND APPROVED DURING THE PRECONSTRUCTION MEETING. 24.MATERIALS STORED ON THE SITE WHICH MIGHT CONTRIBUTE POLLUTANTS TO RUNOFF SHALL BE LOCATED IN AN ENCLOSED, COVERED, AND LOCKABLE CONTAINER. THESE MATERIALS ARE EXPECTED TO CONSIST MAINLY OF FERTILIZERS, FUELS, AND MACHINERY LUBRICANTS. 25.ALL EXISTING AND PROPOSED CONTOURS ARE LABELED IN FEET. ALL SLOPES ARE SHOWN AS DIAGRAMMATIC AND SHALL BE ROUNDED AT THE TOP AND BOTTOM. 26.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE CLEANUP OF THE PROJECT SITE AND SURROUNDING AREAS ON A DAILY BASIS OF ANY TRASH OR MUD ON THE SITE AS A RESULT OF CONSTRUCTION. 27.THE CONTRACTOR SHALL RESTORE ALL STAGING AND STOCKPILING AREAS TO THEIR ORIGINAL CONDITION OR BETTER THAN EXISTING UPON COMPLETION OF THE PROJECT. THE COST TO RESTORE THESE AREAS SHALL NOT BE MEASURED AND PAID FOR SEPARATELY BUT SHALL BE INCLUDED IN THE COST OF THE WORK. 28.THE CONTRACTOR SHALL MAINTAIN ALL HAUL ROUTES AND RESTORE THEM TO THEIR ORIGINAL CONDITION OR BETTER THAN EXISTING UPON COMPLETION OF USE AT NO EXPENSE TO THE OWNER. 29.ALL PAVED HAUL ROUTES SHALL BE MAINTAINED FREE OF MUD AND DEBRIS RESULTING FROM CONSTRUCTION OPERATIONS. 30.CONTRACTOR IS RESPONSIBLE FOR REPAIRING/REPLACING ALL DAMAGED INFRASTRUCTURE. 31.THE CONTRACTOR SHALL NOT DEVIATE FROM THE PLANS WITHOUT FIRST OBTAINING WRITTEN APPROVAL FROM ENGINEER. THE CONTRACTOR SHALL CONTACT THE ENGINEER IMMEDIATELY UPON DISCOVERY OF ANY ERRORS OR INCONSISTENCIES. 32.ALL ESTIMATES OF QUANTITIES SHALL BE VERIFIED BY THE CONTRACTOR/SUBCONTRACTOR, WHO SHALL BE RESPONSIBLE FOR DETERMINING ALL QUANTITIES AND PROVIDING THE WORK AND MATERIALS AS SHOWN ON THE PLANS. QUANTITY ESTIMATES ARE PROVIDED FOR GUIDANCE PURPOSES ONLY, AND SHOULD NOT BE USED AS A BASIS FOR PRICING. ABBREVIATIONS @ CL COB DWG DTL DI EL FL INV LF LT MAX MIN MH NO PC PT PVC RCP RT STA STD TA TP TBC TOC AT CENTERLINE CITY OF BOZEMAN DRAWING DETAIL DROP INLET ELEVATION FLOWLINE INVERT LINEAR FEET LEFT MAXIMUM MINIMUM MANHOLE NUMBER POINT OF CURVATURE POINT OF TANGENCY POLYVINYL CHLORIDE REINFORCED CONCRETE PIPE RIGHT STATION STANDARD TOP OF ASPHALT TOP OF PIPE TOP BACK CURB TOP OF CONCRETE SS SS SS PROPOSED W GENERAL LEGEND SS SS SS SD SD SD SAS EXISTINGITEM METERED WATER SERVICE WATERLINE SANITARY SEWER STORM SEWER FIRE HYDRANT VALVE SEWER MANHOLE CURB AND GUTTER HEADER CURB DROP INLET SD SD SD STORM SEWER MANHOLE RIGHT OF WAY LINE S DSD PROPERTY LINE 4985 -1.5%-51.2% MAJOR CONTOUR GRADING LIMITS EXISTING MINOR CONTOUR SLOPE ARROW MINOR CONTOUR EXISTING MAJOR CONTOUR MATCHLINE HIGH POINT SWALE 4985 OVERHEAD POWER GAS LINE WWELL W 4727.537 4727.6204728.7244727.424 4727.547 4728.682 4735 4730 4740 4745 47504725 4720 4715 47204725472047 3 0 47254740 4745 473 5 4745ooooooooooooooooo UGE UGE UGE 4744.735 4739.000 4726.0004750.000 4745.261 SSSSSSSSSSSSSSSSSSSS SS SS SS SS OHE OHE OHE OHEGASGAS GASGASGASGASIRRIRRIRRIRRIRRIRRW W W W W W W W W W W W W W W OWNER: CITY OF BOZEMANLEGAL DESCRIPTION:S03, T02S, R05E, C.O.S. 2554C, PARCEL 1A1A,ACRES 71.182 BAXTER LANEHARPER PUCKETTROADOAK STREETFLANDERS MILL ROADSHEET: C-101 GALLATIN HIGH SCHOOL CONSTRUCTION ACCESS LOCATION CONTRACTOR DAILYACCESS CORRIDOR PROPERTY BOUNDARY PROPERTY BOUNDARY MAYNARD BORDER DITCH IRRIGATION PIPE >>>>>>>>>>>SHEET NUMBER: STAMP 4.27.2022PROJECT NAME:SUBMITTED FOR:NAME: N:\Projects\W0022.21001 COB GW Investigation-Phase 4\DWG\Sheets\06 Overall Lot Layout.dwg PLOT DATE: Apr 27, 2022 4:55pmPRELIMINARY NOT FOR CONSTRUCTION04/2022 THIS DRAWING IS INCOMPLETE AND NOT TO BE USED FORCONSTRUCTION UNLESS IT IS STAMPED, SIGNED AND DATED REVISION DESIGNEDDRAWNCHECKEDDATESHEET TITLE:WATER & NATURAL RESOURCES3810 VALLEY COMMONS DR SUITE 4BOZEMAN, MT 59718WWW.RESPEC.COM PHONE: (406)284-2525PROJ. #: B ID SET ADDENDUM #1 RPEMAR RPEW0022-21001 GROUNDWATERINVESTIGATION -PHASE 4CITY OF BOZEMANENGINEERING DEPARTMENT20 EAST OLIVE STREETBOZEMAN, MT 59715C-100OVERALL LOTLAYOUT0 200 400 SCALE IN FEET RESPEC RESPEC 4740 4745 4750 4745 4745UGE UGE UGE UGE UGE UGE UGE UGE FOPTFOPTFOPTFOPTOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE GASGASIRRIRRIRRIRRIRRIRRIRRIRRIRRW W W W W W W 3 3 5 4 2 1 1 1 1 N:530489.39 E:1559793.09 N:530487.58 E:1559993.08 100.00'100.00' OWNER: CITY OF BOZEMAN LEGAL DESCRIPTION: S03, T02S, R05E, C.O.S. 2554C, PARCEL 1A1A, ACRES 71.182 OAK STREETFLANDERS MILL ROADGALLATIN HIGH SCHOOL GWIC: 295295 GWIC: 296973 GWIC: 296975 GWIC: 309006 GWIC: 311068 EXISTING MONITORING WELL 20.00' IRR EASEMENT WELL B WELL A 6 7 8 9 30.00'IRRIGATION PIPE (DRILL RIG SHALL NOT TRAVEL OVER PIPE) MAYNARD BORDER DITCH >>>>>>>>>>>SHEET NUMBER: STAMP 4.27.2022PROJECT NAME:SUBMITTED FOR:NAME: N:\Projects\W0022.21001 COB GW Investigation-Phase 4\DWG\Sheets\07 Lot Layout.dwg PLOT DATE: Apr 27, 2022 4:55pmPRELIMINARY NOT FOR CONSTRUCTION04/2022 THIS DRAWING IS INCOMPLETE AND NOT TO BE USED FORCONSTRUCTION UNLESS IT IS STAMPED, SIGNED AND DATED REVISION DESIGNEDDRAWNCHECKEDDATESHEET TITLE:WATER & NATURAL RESOURCES3810 VALLEY COMMONS DR SUITE 4BOZEMAN, MT 59718WWW.RESPEC.COM PHONE: (406)284-2525PROJ. #: B ID SET ADDENDUM #1 RPEMAR RPEW0022-21001 GROUNDWATERINVESTIGATION -PHASE 4CITY OF BOZEMANENGINEERING DEPARTMENT20 EAST OLIVE STREETBOZEMAN, MT 59715C-101LOT LAYOUT0 50 100 SCALE IN FEET RESPEC RESPEC KEYED NOTES I.D.#DESCRIPTION EXISTING PROPERTY BOUNDARY.1 2 EXISTING ROADSIDE DITCH (MAYNARD BORDER DITCH). 3 EXISTING WELL 4 PROPOSED PUBLIC MUNICIPAL TEST WELL. SEE WELL DETAIL SHEET C-500. 5 PROPOSED MONITORING WELL. SEE WELL DETAIL SHEET C-500. 6 72-HOUR PUMP TEST SHALL BE DISCHARGED INTO EXISTING DITCH. 7 EQUIPMENT AND MATERIALS STAGING AREA. 8 SITE ACCESS GENERAL NOTES: 1.THE CONTRACTOR HAS ONE ACCESS POINT TO THE SITE. THE ACCESS LOCATION WILL INVOLVE HOPPING THE EXISTING CURB AND CROSSING THE EXISTING SIDEWALK PARALLEL TO OAK STREET. THE CONTRACTOR WILL PROVIDE A STABILIZED ENTRANCE PER THE CITY OF BOZEMAN STANDARD SPECIFICATIONS FOR THE DAILY ACCESS LOCATION. 2.THE CONTRACTOR SHALL STAY WITHIN THE 30-FOOT ACCESS CORRIDOR FOR DAILY ACCESS TO LIMIT DISTURBANCE TO THE EXISTING FIELD. THE CONTRACTOR IS REQUIRED TO REHABILITATE THE ACCESS CORRIDOR TO MATCH EXISTING CONDITIONS. 3.EQUIPMENT AND MATERIALS STAGING WILL BE ALLOWED ONSITE IN THE DESIGNATED STAGING AREA, SEE LOCATION THIS SHEET. THE CONTRACTOR CAN LEAVE EQUIPMENT ONSITE IN THE DESIGNATED STAGING AREA OVERNIGHT AT HIS SOLE RISK. CONTRACTOR IS TO SPREAD DRILL CUTTINGS EVENLY WITHIN THE EQUIPMENT AND MATERIALS STAGING AREA. 4.ENGINEER TO STAKE WELLHEAD LOCATIONS 9 DAILY ACCESS CORRIDOR. 12" STEEL WELL CASING OPTION 1 12" STAINLESS STEEL WIRE-WOUND WELL SCREEN TOP OF SCREEN ASSEMBLY BOTTOM OF SCREEN ASSEMBLY WELL VENT MAASS WELL CAP 5% MIN SLOP E A W A Y FROM WELL P A D 5% MIN SL O P E A W A Y FROM WELL P A D1.00'4" PVC WELL CASING 4" PVC WELL SCREEN TOP OF SCREEN ASSEMBLY BOTTOM OF SCREEN ASSEMBLY 4.5' SQUARE CONCRETE PAD 4" MIN THICKNESS #4 BAR 12" OC STEEL LOCKING WELL CAP 5% MIN SLOP E A W A Y FROM WELL P A D 5% MIN SLO P E A W A Y FROM WELL P A D1.00'OPTION 2 PERFORATE 12" CASING AT INTERVAL(S) DIRECTED BY ENGINEER 1% MIN, 2% MAX SLOPE AWAY FROM WELL PAD 1" Ø PVC PROBE TUBE ACCESS PORTS SHEET NUMBER: STAMP 3.02.2022PROJECT NAME:SUBMITTED FOR:NAME: N:\Projects\W0022.21001 COB GW Investigation-Phase 4\DWG\Sheets\50 Details.dwg PLOT DATE: Mar 02, 2022 10:12amPRELIMINARY NOT FOR CONSTRUCTION03/2022 THIS DRAWING IS INCOMPLETE AND NOT TO BE USED FORCONSTRUCTION UNLESS IT ISSTAMPED, SIGNED AND DATED REVISION DESIGNEDDRAWNCHECKEDDATESHEET TITLE:WATER & NATURAL RESOURCES3810 VALLEY COMMONS DR SUITE 4BOZEMAN, MT 59718WWW.RESPEC.COM PHONE: (406)284-2525PROJ. #: B ID SET RPEMARRPEW0022-21001 GROUNDWATERINVESTIGATION -PHASE 4CITY OF BOZEMANENGINEERING DEPARTMENT20 EAST OLIVE STREETBOZEMAN, MT 59715C-500WELL DETAILSWELL SUMMARY WELL A (TEST WELL) WELL B (MONITORING WELL) AIR ROTARY BOREHOLE DIAMETER (IN)16 6 WELL DEPTH (FT)500 500 DEPTH TO BOTTOM OF CASING (FT)500 500 DEPTH OF GROUT SEAL 175 175 SCREENED LENGTH (FT)260 40 APPROXIMATE STATIC WATER LEVEL DEPTH (FT)40 40 WELL COMPLETION DATE NOT TO SCALE WELL A TEST WELL DETAIL NOT TO SCALE WELL B MONITORING WELL DETAIL B.EXISTING WELL LOGS AT GALLATIN HIGH SCHOOL 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=295295&agency=mbmg&session=1103489&reqby=P&1/2 MONTANA WELL LOG REPORT Other Options This well log reports the activities of a licensed Montana well driller, serves as the official record of work done within the borehole and casing, and describes the amount of water encountered. This report is compiled electronically from the contents of the Ground Water Information Center (GWIC) database for this site. Acquiring water rights is the well owner's responsibility and is NOT accomplished by the filing of this report. Return to menu Plot this site in State Library Digital Atlas Plot this site in Google Maps Site Name: BOZEMAN SCHOOL DISTRICT 7 GWIC Id: 295295 Section 1: Well Owner(s) 1) BOZEMAN SCHOOL DISTRICT 7 (MAIL) 404 WEST MAIN STREET BOZEMAN MT 59715 [11/08/2017] Section 2: Location Township Range Section Quarter Sections 02S 05E 3 NE¼ NW¼ SW¼ County Geocode GALLATIN Latitude Longitude Geomethod Datum 45.6923 -111.0997 NAV-GPS WGS84 Ground Surface Altitude Ground Surface Method Datum Date Addition Block Lot Section 3: Proposed Use of Water TEST WELL (1) Section 4: Type of Work Drilling Method: ROTARY Status: NEW WELL Section 5: Well Completion Date Date well completed: Wednesday, November 8, 2017 Section 6: Well Construction Details Borehole dimensions From To Diameter 0 278 11.8 278 302 9.9 Casing From To Diameter Wall Thickness Pressure Rating Joint Type -2 251 10 0.25 WELDED A53B STEEL Completion (Perf/Screen) From To Diameter # of Openings Size of Openings Description 40 60 10 540 1" X 1/4" HOLTE PERFORATOR SLOTS 70 76 10 138 1" X 1/4" HOLTE PERFORATOR SLOTS 247 253 9.5 SCREEN-TIGHT WIND STAINLESS STEEL 253 279 9.5 .080 SCREEN-CONTINUOUS- STAINLESS Annular Space (Seal/Grout/Packer) From To Description Cont. Fed? 0 0 CASING SEAL Y 246 247 10" K PACKER 279 302 WASHED GRAVEL Section 7: Well Test Data Total Depth: 279 Static Water Level: 9.6 Water Temperature: Pump Test * Depth pump set for test 253 feet. 266 gpm pump rate with 115.85 feet of drawdown after 24.23 hours of pumping. Time of recovery 1.78 hours. Recovery water level 14.4 feet. Pumping water level feet. *During the well test the discharge rate shall be as uniform as possible. This rate may or may not be the sustainable yield of the well. Sustainable yield does not include the reservoir of the well casing. Section 8: Remarks NEW BOZEMAN HIGH SCHOOL TEST WELL Section 9: Well Log Geologic Source Unassigned From To Description 0 5 TOP SOIL 5 8 BROWN CLAY W/GRAVEL 8 46 FINE SAND, SOME GRAVELS W/COBBLES & 50 GPM WATER @ 40' 46 60 FINE SAND, LARGE GRAVELS W/ CLAY STREAKS & 100 GPM WATER 60 70 BROWN CLAY W/ GRAVEL STRINGERS 70 76 FINE SAND & MEDIUM GRAVELS W/ 100 GPM WATER 76 86 BROWN CLAY W/ GRAVEL STREAKS 86 93 FINE SAND W/SMALL GRAVELS 93 101 BROWN SANDY CLAY W/ CEMENTED GRAVEL STREAKS 101 131 BROWN CLAY W/ FINE/COURSE SANDS & BROWN SANDSTONE STRINGERS 131 181 BROWN CLAY W/ SANDSTONE & SILTSTONE STREAKS 181 205 BROWN SANDSTONE & SILTSTONE STREAKS W/ BROWN SANDY CLAY STRINGERS 205 225 BROWN SANDSTONE W/ BROWN SILTSTONE STREAKS 225 251 BROWN SANDSTONE & SILTSTONE W/ OFF WHITE MUDSTONE & CLAY STRINGERS 15 GPM WATER @ 240' 251 256 BROWN SANDSTONE & SILTSTONE W/ FINE SAND & GRAVEL STRINGERS & 35 GPM WATER Driller Certification All work performed and reported in this well log is in compliance with the Montana well construction standards. This report is true to the best of my knowledge. Name:TROY HAUSER Company:RED TIGER DRILLING License No:WWC-598 Date Completed:11/8/2017 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=295295&agency=mbmg&session=1103489&reqby=P&2/2 Site Name: BOZEMAN SCHOOL DISTRICT 7 GWIC Id: 295295 Additional Lithology Records From To Description 256 267 CEMENTED FINE SANDS & SMALL GRAVELS W/ 30 GPM WATER 267 278 BROWN SILTSTONE & MUDSTONE W/ 50 GPM WATER 278 291 BROWN STREAKED SILTSTONE, SANDSTONE & MUDSTONE 291 302 LITE BROWN SILTSTONE & MUDSTONE W/ 10 GPM WATER 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=296973&agency=mbmg&session=1103489&reqby=P&1/2 MONTANA WELL LOG REPORT Other Options This well log reports the activities of a licensed Montana well driller, serves as the official record of work done within the borehole and casing, and describes the amount of water encountered. This report is compiled electronically from the contents of the Ground Water Information Center (GWIC) database for this site. Acquiring water rights is the well owner's responsibility and is NOT accomplished by the filing of this report. Return to menu Plot this site in State Library Digital Atlas Plot this site in Google Maps Site Name: BOZEMAN SCHOOL DISTRICT 7 * 2 MIDDLE EXTRACTION WELL GWIC Id: 296973 Section 1: Well Owner(s) 1) BOZEMAN SCHOOL DISTRICT 7 (MAIL) 404 WEST MAIN BOZEMAN MONTANA 59715 [05/02/2018] Section 2: Location Township Range Section Quarter Sections 02S 05E 3 NE¼ NW¼ SW¼ County Geocode GALLATIN Latitude Longitude Geomethod Datum 45.692267 -111.099467 NAV-GPS WGS84 Ground Surface Altitude Ground Surface Method Datum Date Addition Block Lot Section 3: Proposed Use of Water GEOTHERMAL-EXTRACTION (1) Section 4: Type of Work Drilling Method: ROTARY Status: NEW WELL Section 5: Well Completion Date Date well completed: Wednesday, May 2, 2018 Section 6: Well Construction Details Borehole dimensions From To Diameter 0 280 13.5 Casing From To Diameter Wall Thickness Pressure Rating Joint Type -2.5 40 8.6 0.25 WELDED A53B STEEL 60 80 8.6 0.25 WELDED A53B STEEL 85 260 8.6 0.25 WELDED A53B STEEL Completion (Perf/Screen) From To Diameter # of Openings Size of Openings Description 40 60 8.6 CONT .030 SCREEN-CONTINUOUS- STAINLESS 80 85 8.6 CONT .050 SCREEN-CONTINUOUS- STAINLESS 260 280 8.6 CONT .050 SCREEN-CONTINUOUS- STEEL Annular Space (Seal/Grout/Packer) From To Description Cont. Fed? 0 30 3/8 BENTONITE CHIPS 35 35 8 X 12 SHALE TRAP 75 75 8 X 12 SHALE TRAP 250 250 8" X 12" SHALE TRAP Section 7: Well Test Data Total Depth: 280 Static Water Level: 10.96 Water Temperature: Pump Test * Depth pump set for test 254 feet. 205 gpm pump rate with 131.56 feet of drawdown after 72 hours of pumping. Time of recovery 9.75 hours. Recovery water level 12.11 feet. Pumping water level feet. *During the well test the discharge rate shall be as uniform as possible. This rate may or may not be the sustainable yield of the well. Sustainable yield does not include the reservoir of the well casing. Section 8: Remarks 2 MIDDLE EXTRACTION WELL Section 9: Well Log Geologic Source Unassigned From To Description 0 8 LITE BROWN SILTY CLAY 8 47 FINE SANDS, LARGE GRAVELS, AND COBBLES W/50 GPM WATER @ 46' 47 62 FINE SANDS, LARGE GRAVELS W/ 50 GPM WATER @ 66' 62 75 FINE SANDS, W/ 35% MEDIUM GRAVELS & BROWN CLAY STREAKS 75 86 FINE SANDS, W/30% MEDIUM GRAVELS & 30 GPM WATER 86 111 BROWN SANDY CLAY 111 131 SANDY BROWN CLAY W/ FINE SAND & MEDIUM GRAVEL STREAKS 131 180 BROWN CLAY W/ BROWN SANDSTONE STREAKS 180 205 STREAKED BROWN SANDSTONE, SILTSTONE & MUDSTONE 205 221 BROWN SANDSTONE W/ BROWN SILTSTONE STREAKS 221 226 BROWN SANDY CLAY 226 251 BROWN SANDSTONE, SILTSTONE W/ CEMENTED SAND & GRAVEL STRINGERS 251 256 BROWN SANDSTONE, SILTSTONE, W/ FINE SAND & SMALL GRAVEL STRINGERS W/30 GPM WATER 256 266 CEMENTED SANDS & GRAVELS 266 280 STREAKED BROWN SILTSTONE & SANDSTONE W/ COURSE SAND & GRAVEL STREAKS & 60 GPM WATER Driller Certification All work performed and reported in this well log is in compliance with the Montana well construction standards. This report is true to the best of my knowledge. Name:TROY HAUSER Company:RED TIGER DRILLING License No:WWC-598 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=296973&agency=mbmg&session=1103489&reqby=P&2/2 Date Completed:5/2/2018 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=296975&agency=mbmg&session=1103489&reqby=P&1/2 MONTANA WELL LOG REPORT Other Options This well log reports the activities of a licensed Montana well driller, serves as the official record of work done within the borehole and casing, and describes the amount of water encountered. This report is compiled electronically from the contents of the Ground Water Information Center (GWIC) database for this site. Acquiring water rights is the well owner's responsibility and is NOT accomplished by the filing of this report. Return to menu Plot this site in State Library Digital Atlas Plot this site in Google Maps Site Name: BOZEMAN SCHOOL DISTRICT 7 * 3 EAST EXTRACTION WELL GWIC Id: 296975 Section 1: Well Owner(s) 1) BOZEMAN SCHOOL DISTRICT 7 (MAIL) 404 WEST MAIN BOZEMAN MONTANA 59715 [05/04/2018] Section 2: Location Township Range Section Quarter Sections 02S 05E 3 NE¼ NW¼ SW¼ County Geocode GALLATIN Latitude Longitude Geomethod Datum 45.6922 -111.099233 NAV-GPS WGS84 Ground Surface Altitude Ground Surface Method Datum Date Addition Block Lot Section 3: Proposed Use of Water GEOTHERMAL-EXTRACTION (1) Section 4: Type of Work Drilling Method: ROTARY Status: NEW WELL Section 5: Well Completion Date Date well completed: Friday, May 4, 2018 Section 6: Well Construction Details Borehole dimensions From To Diameter 0 283 13.5 Casing From To Diameter Wall Thickness Pressure Rating Joint Type -2 39 8.6 0.25 WELDED A53B STEEL 59 84.5 8.6 0.25 WELDED A53B STEEL 89.5 263 8.6 0.25 WELDED A53B STEEL Completion (Perf/Screen) From To Diameter # of Openings Size of Openings Description 39 59 8.6 CONT .030 SCREEN-CONTINUOUS- STAINLESS 84.5 89.5 8.6 CONT .050 SCREEN-CONTINUOUS- STAINLESS 263 283 8.6 CONT .050 SCREEN-CONTINUOUS- STAINLESS Annular Space (Seal/Grout/Packer) From To Description Cont. Fed? 0 27 3/8 BENTONITE CHIPS 35 35 8" X 12" SHALE TRAP 80 80 8" X 12" SHALE TRAP 250 250 8" X 12" SHALE TRAP Section 7: Well Test Data Total Depth: 283 Static Water Level: 10.69 Water Temperature: Pump Test * Depth pump set for test 254 feet. 306 gpm pump rate with 33.15 feet of drawdown after 8 hours of pumping. Time of recovery 0.5 hours. Recovery water level 11.81 feet. Pumping water level feet. *During the well test the discharge rate shall be as uniform as possible. This rate may or may not be the sustainable yield of the well. Sustainable yield does not include the reservoir of the well casing. Section 8: Remarks 3 EAST EXTRACTION WELL Section 9: Well Log Geologic Source Unassigned From To Description 0 3 TOP SOIL 3 8 TAN SILTY SAND 8 58 FINE SANDS, LARGE GRAVELS & COBBLES W/ 100 GPM WATER 58 70 FINE SAND W/ BROWN CLAY STREAKS 70 84 BROWN CLAYSTONE W/ FINE SAND & GRAVEL STREAKS 84 88 FINE SANDS & GRAVELS W/ 50 GPM WATER @ 86' 88 115 BROWN SANDY CLAY 115 133 BROWN SANDY CLAY W/ CEMENTED SANDS & GRAVEL STREAKS 133 180 BROWN CLAY W/ BROWN SANDSTONE STREAKS 180 205 STREAKED BROWN SANDSTONE, SILTSTONE, AND MUDSTONE 205 221 BROWN SILTSTONE, W/ BROWN SANDSTONE STREAKS 221 226 BROWN SANDY CLAY 226 251 BROWN SANDSTONE & SILTSTONE W/ CEMENTED SAND & MEDIUM GRAVEL STREAKS 251 256 BROWN SANDSTONE W/ FINE SAND & MEDIUM GRAVEL STREAKS & 30 GPM WATER 256 266 CEMENTED FINE SAND & GRAVELS Driller Certification All work performed and reported in this well log is in compliance with the Montana well construction standards. This report is true to the best of my knowledge. Name:TROY HAUSER Company:RED TIGER DRILLING License No:WWC-598 Date Completed:5/4/2018 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=296975&agency=mbmg&session=1103489&reqby=P&2/2 Site Name: BOZEMAN SCHOOL DISTRICT 7 GWIC Id: 296975 Additional Lithology Records From To Description 266 280 BROWN SILTSTONE & SANDSTONE W/ FINE SAND & PEA GRAVEL STREAKS & 60 GPM WATER 280 283 BROWN SANDSTONE & SILTSTONE STREAKS 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=309006 1/2 MONTANA WELL LOG REPORT Other Options This well log reports the activities of a licensed Montana well driller, serves as the official record of work done within the borehole and casing, and describes the amount of water encountered. This report is compiled electronically from the contents of the Ground Water Information Center (GWIC) database for this site. Acquiring water rights is the well owner's responsibility and is NOT accomplished by the filing of this report. Return to menu Plot this site in State Library Digital Atlas Plot this site in Google Maps Site Name: BOZEMAN SCHOOL DISTRICT 7 GWIC Id: 309006 Section 1: Well Owner(s) 1) BOZEMAN SCHOOL DISTRICT 7 (MAIL) 404 WEST MAIN STREET BOZMAN MT 59715 [08/19/2020] Section 2: Location Township Range Section Quarter Sections 02S 05E 3 NE¼ NW¼ SW¼ County Geocode GALLATIN Latitude Longitude Geomethod Datum 45.6927 -111.10125 NAV-GPS WGS84 Ground Surface Altitude Ground Surface Method Datum Date Addition Block Lot Section 3: Proposed Use of Water INJECTION (1) Section 4: Type of Work Drilling Method: ROTARY Status: NEW WELL Section 5: Well Completion Date Date well completed: Wednesday, August 19, 2020 Section 6: Well Construction Details Borehole dimensions From To Diameter 0 100 11.5 100 504 8 Casing From To Diameter Wall Thickness Pressure Rating Joint Type -2 504 6.6 0.25 WELDED A53B STEEL Completion (Perf/Screen) From To Diameter # of Openings Size of Openings Description 174 210 6 744 1" X .025 HOLTE PERFORATOR SLOTS 240 279 6 712 1" X .025 HOLTE PERFORATOR SLOTS 290 312 6 385 1" X .025 HOLTE PERFORATOR SLOTS 324 457 6 1858 1" X .025 HOLTE PERFORATOR SLOTS 467 501 6 466 1" X .025 HOLTE PERFORATOR SLOTS Annular Space (Seal/Grout/Packer) From To Description Cont. Fed? 0 100 CEMENT GROUT Section 7: Well Test Data Total Depth: 504 Static Water Level: 41 Water Temperature: Air Test * 300 gpm with drill stem set at 480 feet for 3 hours. Time of recovery 2 hours. Recovery water level 41 feet. Pumping water level feet. *During the well test the discharge rate shall be as uniform as possible. This rate may or may not be the sustainable yield of the well. Sustainable yield does not include the reservoir of the well casing. Section 8: Remarks INJECTION WELL 4 Section 9: Well Log Geologic Source Unassigned From To Description 0 3 TOP SOIL 3 6 LITE BROWN CLAY 6 59 FINE SANDS & LARGE GRAVELS 59 83 SANDY CLAY W/ FINE SAND STREAKS 83 139 BROWN CLAY W/ CLAYSTONE STREAKS 139 141 COURSE SANDS W/ 25 GPM WATER 141 159 BROWN CLAY 159 162 FINE SANDS & PEA GRAVELS W/ 25 GPM WATER 162 174 BROWN CLAY 174 210 BROWN SANDSTONE W/ FINE SANDS STREAKS & 60 GPM @ 180' , 75 GPM @ 200' 210 240 BROWN SANDSTONE W/ FINE SANDS , PEA GRAVELS & HEAVING SANDS @ 220' 100+ GPM WATER 240 279 BROWN SANDSTONE W/ LITE BROWN CLAYSTONE STREAKS 279 282 LITE TAN SANDSTONE 282 290 BROWN CLAY 290 312 BROWN SANDSTONE W/ FINE SANDS & PEA GRAVEL STREAKS & 225+ GPM WATER @ 295' Driller Certification All work performed and reported in this well log is in compliance with the Montana well construction standards. This report is true to the best of my knowledge. Name:TROY HAUSER Company:RED TIGER DRILLING License No:WWC-598 Date Completed:8/19/2020 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=309006 2/2 Site Name: BOZEMAN SCHOOL DISTRICT 7 GWIC Id: 309006 Additional Lithology Records From To Description 312 324 LITE BROWN CLAY 324 370 FRACTURED BROWN SANDSTONE 370 378 FINE/COURSE SANDS W/150 GPM WATER 378 410 BROWN SANDSTONE W/ BROWN CLAY STREAKS 410 450 FRACTURED BROWN SANDSTONE W/ REDDISH BROWN MUDSTONE STREAKS 450 457 FINE/COURSE SANDS W/ 100+ GPM WATER 457 466 BROWN MUDSTONE & SILTSTONE 466 467 OLIVE GREEN SANDSTONE 467 501 FINE SANDS, SMALL GRAVELS W/ SANDSTONE STREAKS & 300+ GPM WATER @ 480' 501 504 LITE BROWN CLAY W/ BROKEN SANDSTONE 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=311068 1/3 MONTANA WELL LOG REPORT Other Options This well log reports the activities of a licensed Montana well driller, serves as the official record of work done within the borehole and casing, and describes the amount of water encountered. This report is compiled electronically from the contents of the Ground Water Information Center (GWIC) database for this site. Acquiring water rights is the well owner's responsibility and is NOT accomplished by the filing of this report. Return to menu Plot this site in State Library Digital Atlas Plot this site in Google Maps Site Name: BOZEMAN SCHOOL DISTRICT 7 GWIC Id: 311068 Section 1: Well Owner(s) 1) BOZEMAN SCHOOL DISTRICT 7 (MAIL) 404 WEST MAIN STREET BOZMAN MT 59715 [11/17/2020] 2) BOZEMAN SCHOOL DISTRICT 7 (WELL) SAME N/A N/A N/A [11/17/2020] Section 2: Location Township Range Section Quarter Sections 02S 05E 3 NW¼ NW¼ SW¼ County Geocode GALLATIN Latitude Longitude Geomethod Datum 45.69275 -111.101567 NAV-GPS WGS84 Ground Surface Altitude Ground Surface Method Datum Date Addition Block Lot Section 3: Proposed Use of Water INJECTION (1) Section 4: Type of Work Drilling Method: ROTARY Status: NEW WELL Section 5: Well Completion Date Date well completed: Tuesday, November 17, 2020 Section 6: Well Construction Details Borehole dimensions From To Diameter 0 100 11.5 100 504 8 Casing From To Diameter Wall Thickness Pressure Rating Joint Type -2 504 6.6 0.25 WELDED A53B STEEL Completion (Perf/Screen) From To Diameter # of Openings Size of Openings Description 185 240 6 1176 1" X .025 HOLTE PERFORATOR SLOTS 295 305 6 180 1" X .025 HOLTE PERFORATOR SLOTS 335 345 6 180 1" X .025 HOLTE PERFORATOR SLOTS 365 375 6 180 1" X .025 HOLTE PERFORATOR SLOTS 460 495 6 630 1" X .025 HOLTE PERFORATOR SLOTS Annular Space (Seal/Grout/Packer) From To Description Cont. Fed? Section 7: Well Test Data Total Depth: 504 Static Water Level: 17 Water Temperature: Air Test * 400 gpm with drill stem set at 500 feet for 2 hours. Time of recovery 2 hours. Recovery water level 17 feet. Pumping water level feet. * During the well test the discharge rate shall be as uniform as possible. This rate may or may not be the sustainable yield of the well. Sustainable yield does not include the reservoir of the well casing. Section 8: Remarks INJECTION WELL 5 Section 9: Well Log Geologic Source Unassigned From To Description 0 4 TOPSOIL 4 9 BROWN CLAY 9 55 FINE SAND, & LARGE GRAVELS 55 90 LITE BROWN CLAY W/ SILTSTONE STREAKS 90 160 BROWN CLAY W/ FINE SAND STREAKS 160 185 BROWN CLAY W/ FINE/COURSE SAND STREAKS & 25 GPM WATER @ 180' 185 225 BROWN SANDSTONE W/ FINE SAND STREAKS & 75 GPM WATER BETWEEN 200'-220' 225 240 FINE/COURSE SANDS W/ PEA GRAVELS & 100+ GPM WATER @ 240' 240 295 BROWN SANDSTONE W/ LITE BROWN CLAY STREAKS 295 301 COURSE SANDS W/ 75 GPM WATER 301 335 BROWN CLAY W/ SANDSTONE STREAKS 335 345 FINE SANDS & PEA GRAVELS W/ 150+ GPM WATER @ 340' 345 365 BROWN CLAY 365 372 FINE SANDS W/ 200 GPM WATER 372 419 SANDY CLAY W/ BROWN SANDSTONE STREAKS Driller Certification All work performed and reported in this well log is in compliance with the Montana well construction standards. This report is true to the best of my knowledge. Name:TROY HAUSER Company:RED TIGER DRILLING License No:WWC-598 Date Completed:11/17/2020 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=311068 2/3 0 100 CEMENT GROUT 6/30/2021 Montana's Ground-Water Information Center (GWIC) | Site Report | V.11.2021 mbmggwic.mtech.edu/sqlserver/v11/reports/SiteSummary.asp?gwicid=311068 3/3 Site Name: BOZEMAN SCHOOL DISTRICT 7 GWIC Id: 311068 Additional Lithology Records From To Description 419 459 BROWN SANDSTONE W/ REDISH BROWN MUDSTONE STREAKS 459 470 FINE/COURSE SANDS W/ 300+ GPM WATER 470 477 BROWN STREAKED SILTSTONE & MUDSTONE 477 479 OLIVE GREEN SANDSTONE 479 504 FINE SANDS & SMALL GRAVELS W/ 400+ GPM WATER (FLOODING OUT DOWN HOLE HAMMER EQUIPMENT)