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HomeMy WebLinkAbout02-06-24 City Commission Meeting Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. Authorize Absence D.1 Authorize the Absences of Commissioner Christopher Coburn and Commissioner Douglas Fischer(Newby) E. FYI F. Commission Disclosures G. Consent G.1 Accounts Payable Claims Review and Approval (Waters) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, February 6, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 1 G.2 Authorize the City Manager to sign the Notice of Award and contract documents once received for the Bozeman Creek Ice Control Well Project to Bridger Drilling Inc.(Nielsen) G.3 Ratify City Manager's signature on Acknowledgment of Assignment and Pledge of Security Interests in the Development Agreement and the Agreement for the Infrastructure Improvements for the Mendenhall Street Sanitary Sewer from 5th Avenue to Grand Avenue with Freestone on Main, LLC.(Fine) G.4 Authorize City Manager to Sign Release of Lien for Park Purposes for North 3rd Apartments, LLC, Site Plan Application 22375(Jadin) G.5 Authorize the City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts(Ziegler) G.6 Authorize the City Manager to sign the Professional Services Agreement with Root Policy Research for the FY24-26 Consolidated Plan, Community Housing Action Plan and Citizen Participation Plan.(Munfrada) G.7 Authorize the City Manager to sign a Professional Services Agreement (PSA) with Doncaster Consulting for Fred Willson Multiple Property Documentation Historical Research Services(Rosenberg) G.8 Authorize the City Manager to sign Amendment No. 1 to the Professional Services Agreement with the firm of Morrison-Maierle, Inc. providing construction engineering services for the installation of an ice control well along Bozeman Creek(Nielsen) G.9 Authorize the City Manager to Sign Amendment 3 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services(Ziegler) G.10 Authorize City Manager to Sign a Sixth Amendment to a Professional Services Agreement with Central House Strategies for Lobbying Services(DiTommaso) G.11 Resolution 5568 Intent to Modify Special Improvement Lighting District 748 (MSU Innovation Campus) to add four additional lights on Technology Blvd.(Hodnett) G.12 Resolution 5574 Intent to Create a Special Improvement Lighting District 784 for North Park Development(Hodnett) G.13 Resolution 5576 Intent to Modify Special Improvement Lighting District 767 Bozeman Gateway Sub PUD Phase4 (West Garfield St) to include the MSU Innovation Campus.(Hodnett) G.14 Approve Resolution 5578, Authorizing the City Manager to Sign GMP Amendment #2 with Jackson Contractor Group, Inc., for the Bozeman Swim Center Renovation Project(Ziegler) G.15 Resolution 5579, Authorizing the City Manager to Sign Prime Change Order 4 and Guaranteed Maximum Price Amendment 6 with Martel Construction, Inc. for the Construction of the Bozeman Public Library Renovation Project(Henderson) H. Public Comment 2 I. Action Items I.1 Continue Application 23059 Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 Acres.(Cramblet) I.2 Continue the Public Hearing for the SRX North Growth Policy Amendment Requesting to Modify the Bozeman Community Plan 23020 Future Land Use Map from Urban Neighborhood to Community Commercial for property located between Arnold and Graf Streets and east of South 19th Avenue, Application 23063 to March 5, 2024(Rogers) J. Other Agency Hearing J.1 Public Hearing for two Low Income Housing Tax Credit (LIHTC) projects, Midtown Aspen Apartments and Aspen 8 Residences, applying for real property tax exemption from the Montana Department of Revenue(Munfrada) K. FYI / Discussion L. Adjournment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Authorize the Absences of Commissioner Christopher Coburn and Commissioner Douglas Fischer MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the Absences of Commissioner Christopher Coburn and Commissioner Douglas Fischer STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:N/A UNRESOLVED ISSUES:None. ALTERNATIVES:As per Commission. FISCAL EFFECTS:None. Report compiled on: January 31, 2024 4 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented to the City Commission within one year of the date the claims accrued. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Please provide approval for checks dated January 31, 2024 , as there was no commission meeting on January 30, 2024. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: January 24, 2024 5 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Brian Heaston, Interim Director of Utilities Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign the Notice of Award and contract documents once received for the Bozeman Creek Ice Control Well Project to Bridger Drilling Inc. MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award and contract documents once received for the Bozeman Creek Ice Control Well Project to Bridger Drilling Inc. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Historically the City has dealt with operation and maintenance challenges presented by the seasonal freezing and ice damming of Bozeman Creek. To prevent the buildup of ice dams and anchor ice within the downtown creek corridor, City Street Department personnel would enter the creek with chest waders and tools to manually break up or remove ice. In an effort to prevent this hazardous and laborious task from perennially occurring, a series of ice control wells were installed along the downtown reach of Bozeman Creek to introduce supplemental heat from groundwater to reduce the buildup of ice. The largest of these ice control wells was located at 34 N Rouse Avenue within the basement of Fire Station 1, producing approximately 300 gpm. With its high production rate, roughly nine times that of any other well, and discharge location, this well has proven pivotal in mitigating the impacts of ice in Bozeman Creek from Main Street north. With the construction of the Bozeman Public Safety Center at 901 N. Rouse the Bozeman City Commission determined, by a vote of 5-0 on July 27, 2021, that Fire Station 1 is no longer needed for public use and the public interest would be furthered by the sale of the property. With the sale and vacation of the property, the ice control well must be relocated to allow for continued use to prevent ice buildup within Bozeman Creek and maintain the City’s water right. The City procured the firm of Morrison-Maierle, Inc., to provide engineering 6 services for the design, permitting, and bidding for the relocation of the well on April, 26 2022. Through this process a new site was selected, easement obtained, and the design and permitting completed to maintain the well’s discharge location and flow rate. The project was advertised for bid on November 7, 2023. The bid opening occurred on December 13th, 2023, with two bids received. One bid was disqualified due to incomplete information. After review, Bridger Drilling Inc. is recommended for award. This construction contract includes the installation of a new eight-inch well, pump, electrical service, and discharge pipe to Bozeman Creek. Attached is the Notice of Award and Contract Documents. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The contract amount totals $201,774. With current and pending obligated fees for the project ($185,600) included, the total project cost will be $387,358. Funding has been provided by proceeds from the sale of Fire Station No. 1 ($100,000) and with the FY24 budget ($200,000 with an additional $100,000 authorized), as such adequate funding exists. Attachments: Notice of Award_Bozeman Creek Ice Well Construction Contract_Bridger Drilling.pdf Bozeman Creek Ice Well Construction Contract_Award Recommendation and Bid Tab.pdf Bozeman Creek Ice Control Well Project Bid Package.pdf Report compiled on: January 25, 2024 7 Notice of Award – Page 1 of 1 EJCDC C-510 Prepared by the Engineers Joint Contract Documents Committee 23 Notice of Award.doc Revised January 2010 Notice of Award Dated You are notified that your Bid dated December 13, 2023 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the project in full. The Contract Price of your Contract is Two Hundred One Thousand Seven Hundred Seventy and Seventy Four Hundreth Dollars ($201,774). 6 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 2 sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date you receive this Notice of Award. 1. Deliver to the Owner [6] 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), [and] General Conditions (Paragraphs 2.01 and 5.01) [and Supplementary Conditions (Paragraph SC-2.01).] 3. Other conditions precedent: Submit insurance certificates documenting coverage listed in the General Conditions and Supplementary Conditions 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 fifteen days after you comply with the above conditions, Owner will return to you two fully executed counterparts of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer Project: Bozeman Creek Ice Prevention Well Owner: City of Bozeman Owner's Contract No.: Contract: Engineer's Project No.: 0417.092 Bidder: Bridger Drilling Bidder's Address: (send Certified Mail, Return Receipt Requested): 107 Retail Hawk Drive Belgrade, MT 59714 8 9 10 Ice Prevention Well (#8817449) Owner: Bozeman MT, City of Solicitor: Morrison‐Maierle, Inc. ‐ Bozeman 12/13/2023 03:00 PM MST Engineer Estimate Section TitlLine Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Water Supply Well ‐ Schedule 1 $0.00 $201,774.00 $208,224.25 1 101 Mobilization LS 1 5000 5,000.00$      $25,000.00 $25,000.00 $22,165.00 $22,165.00 2 102 Filtration Tank ‐ install filtration  tank equipment LS 1 5000 5,000.00$      $9,500.00 $9,500.00 $28,560.00 $28,560.00 3 103 Site Preparation ‐ Prepare site  with traffic control, security,  safety measures, stormwater  permit and provisions, etc.LS 1 5000 5,000.00$      $5,500.00 $5,500.00 $3,000.00 $3,000.00 4 105 Well Casing ‐ Provide and install 8‐ inch steel casing FT 300 125 37,500.00$    $105.00 $31,500.00 $125.75 $37,725.00 5 106 Well Screen ‐ Install 8‐inch  telescopic well screen, including  40 feet of 0.050 slot screen and 5‐ feet of tight wound riser pipe  with all necessary fittings FT 45 400 18,000.00$    $325.00 $14,625.00 $255.00 $11,475.00 6 107 Well Development ‐ In  coordination with the Engineer,  perform well development to  create a natural gravel pack  behind screened area HR  20 500 10,000.00$    $450.00 $9,000.00 $395.00 $7,900.00 7 108 Initial well disinfection LS 1 2000 2,000.00$      $500.00 $500.00 $500.00 $500.00 8 109 Test Pump Equipment ‐ Install  and remove test pump capable of  350 gmp at 350 ft TDH with all  testing appurtenances LS 1 7500 7,500.00$      $12,600.00 $12,600.00 $4,500.00 $4,500.00 9 110 Temporary Discharge Pipe ‐ Install  temporary piping from wellhead  to Bozeman Creek 30'  downstream from well FT 35 50 1,750.00$      $25.00 $875.00 $10.00 $350.00 10 111 Pump Operation ‐ Operate pump  and power source for up to 24  hours HR  24 300 7,200.00$      $150.00 $3,600.00 $167.50 $4,020.00 11 112 Power Service Pole ‐ Install new  power service meter pole LS 1 5000 5,000.00$      $2,500.00 $2,500.00 $3,600.00 $3,600.00 12 113 Well Control Box ‐ Install well  control box LS 1 3500 3,500.00$      $8,263.00 $8,263.00 $6,663.75 $6,663.75 13 114 Well Wiring and Power ‐ Install  well power and controls wiring LS 1 3500 3,500.00$      $9,941.00 $9,941.00 $14,700.00 $14,700.00 14 115 Discharge Pipe ‐ Install 4‐inch PVC  well discharge pipe from well to  Bozeman Creek streambank FT 16 100 1,600.00$      $250.00 $4,000.00 $153.50 $2,456.00 15 116 Gate Valve ‐ Install 4‐inch gate  valve with valve box EA 1 200 200.00$         $3,200.00 $3,200.00 $3,000.00 $3,000.00 16 117 Pitless Unit ‐ Install Baker Monitor  Pitless Unit LS 1 15000 15,000.00$    $15,800.00 $15,800.00 $13,500.00 $13,500.00 17 118 Pump and Motor ‐ Install final  production pump and motor.  Assume 350 gpm with 300 ft TDH LS 1 7500 7,500.00$      $21,075.00 $21,075.00 $13,418.00 $13,418.00 18 119 Drop Pipe ‐ Install 4‐inch T&C  galvanized drop pipe FT 250 25 6,250.00$      $29.00 $7,250.00 $26.50 $6,625.00 19 120 Check Valve ‐ Install check valve  inside well LS 1 500 500.00$         $805.00 $805.00 $926.50 $926.50 20 121 Submersible Power Cable ‐ Install  submersible power cable ‐  Assume No 3. Size FT  270 15 4,050.00$      $12.00 $3,240.00 $7.00 $1,890.00 21 122 Final Well Startup ‐ Startup and  commissioning final well and  controls LS 1 1000 1,000.00$      $1,500.00 $1,500.00 $500.00 $500.00 22 123 Final Well Disinfection ‐ Disinfect  well LS 1 2000 2,000.00$      $500.00 $500.00 $500.00 $500.00 23 124 Landscaping ‐ Install 2‐ton  decorative landscape rock at well  head EA 1 1500 1,500.00$      $2,500.00 $2,500.00 $3,750.00 $3,750.00 24 125 Retaining Wall Restoration ‐  Restore rock masonry wall to  equal or better condition LS 1 2000 2,000.00$      $8,500.00 $8,500.00 $16,500.00 $16,500.00 Base Bid Total:$152,550.00 $201,774.00 $208,224.25 Bridger Drilling Inc. Potts Drilling, Inc. 11 BIDDER INFORMATION See Section 00100 for Bid Proposal Packet Information Name:_____________________________________________________________________________________________________ Address: __________________________________________________________________________________________________ Telephone: ________________________________________________________________________________________________ Project No.: ___________________________________________________ Set No.: _________________________________ November 2023 PROJECT MANUAL Bozeman Creek Ice Prevention Well for City of Bozeman, Montana Bozeman Office 2880 Technology Boulevard West Bozeman, MT 59715 1-406-587-0721 MMI# 0417.092 Volume 1 of 1 12 Project Manual Bozeman Creek Ice Prevention Well PROJECT MANUAL FOR BOZEMAN CREEK ICE PREVENTION WELL FOR THE CITY OF BOZEMAN P.O. BOX 1230 BOZEMAN, MT 59771-1230 Prepared by: Morrison-Maierle, Inc. 2880 Technology Blvd. P.O. Box 1113 Bozeman, MT 59718 Phone: (406) 587-0721 November 2023 QUALITY ASSURANCE Pat Eller PROJECT MANAGER Jim Ullman, PE OFFICE QA COORDINATOR James Nickelson, PE PEER REVIEWER 10/30/23 QA APPROVAL DATE 0417.092 QA PROJECT NUMBER Written By: A. Stone Checked By: B. Cope Approved by: _____Pat Eller________________________ Project Manager PROJECT NO: 0417.092 13 TABLE OF CONTENTS BOZEMAN CREEK ICE PREVENTION WELL Table of Contents – Page 1 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\03_TableofContents.doc DIVISION 0 – CONTRACTING REQUIREMENTS SECTION TITLE WHITE PAPER CALL FOR BIDS (ALSO KNOWN AS SECTION 00100 INVITATION TO BID) 00200 INSTRUCTIONS TO BIDDERS YELLOW PAPER 00300 BID FORM INFORMATION REQUIRED OF BIDDERS NONCOLLUSION AFFIDAVIT NONDISCRIMINATION AND EQUAL PAY AFFIRMATION 00430 BID BOND FORM (EJCDC No. C-430, 2010 Edition) WHITE PAPER 00500 AGREEMENT FORM 00610 PERFORMANCE BOND (EJCDC No. C-610, 2013 Edition) 00615 PAYMENT BOND (EJCDC No. C-615, 2013 Edition) BLUE PAPER 00700 STANDARD GENERAL CONDITIONS FOR THE CONSTRUCTION CONTRACT (MMI No. C-700, 2007 Edition; Issued January, 2010) 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS YELLOW PAPER 00910 SPECIAL PROVISIONS PINK PAPER PREVAILING WAGE RATES (MT. Dept. Of Labor & Industry) 14 TABLE OF CONTENTS – CONT’D BOZEMAN CREEK ICE PREVENTION WELL Table of Contents – Page 2 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\03_TableofContents.doc WHITE PAPER SECTION TITLE MISCELLANEOUS FORMS NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER FIELD ORDER WORK CHANGE DIRECTIVE ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK APPLICATION FOR PAYMENT FORM 1 APPLICATION FOR PAYMENT FORM 2 CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE SUBCONTRACTOR RELEASE SURETY’S CONSENT TO FINAL PAYMENT GREEN PAPER TECHNICAL SPECIFICATIONS MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS The Montana Public Works Standard Specifications (MPWSS), Sixth Edition, April 2010, shall apply on this project, subject to the modifications and additions provided in the City of Bozeman Modifications to Montana Public Works Standard Specifications, Sixth Edition, dated March 31, 2011, including all addendums through October 1, 2023. All of the above are incorporated herein by reference and shall be subject to the modifications and additions provided in the following Technical Specifications. The asterisked (*) MPWSS technical sections have been specifically identified in this Table of Contents for convenience but are not bound in this Project Manual. Additional MPWSS technical sections not listed may be applicable. 15 TABLE OF CONTENTS – CONT’D BOZEMAN CREEK ICE PREVENTION WELL Table of Contents – Page 3 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\03_TableofContents.doc SECTION TITLE The following Montana Public Works Standard Specifications documents shall apply on this project. DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 Summary of Work SECTION 01027 Application for Payment SECTION 01035 Change Order Procedures SECTION 01041 Project Coordination SECTION 01050 Field Engineering SECTION 01090 References * SECTION 01200 Measurement and Payment SECTION 01300 Submittals SECTION 01400 Contractor Quality Control and Owner Quality Assurance SECTION 01500 Construction Facilities and Temporary Controls SECTION 01560 Environmental Quality Control SECTION 01570 Construction Traffic Control SECTION 01700 Contract Closeout DIVISION 2 - SITEWORK SECTION 02110 Geotextiles* SECTION 02112 Removal of Existing Pavement, Concrete, Curb, Sidewalk, Driveway and/or Structures * SECTION 02114 Relocating or Removing Utility Poles, Street Signs and Mailboxes * SECTION 02221 Trench Excavation and Backfill for Pipelines and Appurtenant Structures * SECTION 02222 Low Permeability Trench Backfill Plugs * SECTION 02225 Flowable Fill * SECTION 02230 Street Excavation, Backfill and Compaction * SECTION 02234 Sub Base Course * SECTION 02235 Crushed Base Course * SECTION 02660 Water Distribution Systems * SECTION 02661 Water Well SECTION 02665 Earthwork for Structures SECTION 02720 Storm Drain Systems * DIVISION 3 - CONCRETE SECTION 03210 Reinforcing Steel * SECTION 03310 Structural Concrete * 16 TABLE OF CONTENTS – CONT’D BOZEMAN CREEK ICE PREVENTION WELL Table of Contents – Page 4 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\03_TableofContents.doc DIVISION 26 - ELECTRICAL SECTION 260010 General Electrical Requirements SECTION 260519 Low-Voltage Electrical Power Conductors and Cables SECTION 260526 Ground and Bonding for Electrical Systems SECTION 260529 Hangers and Supports for Electrical Systems SECTION 260533 Raceways and Boxes for Electrical Systems SECTION 260553 Identification for Electrical Systems SECTION 262713 Electricity Utility Metering SECTION 262813 Fuses SECTION 262816 Enclosed Switches SECTION 262913 Manual and Magnetic Motor Controllers SECTION 264313 Surge Protection for Low-Voltage Electrical Power Circuits APPENDIX A Project Plans APPENDIX B Stormwater Inlet Location for Well Water Discharge APPENDIX C Joint Application END OF TABLE OF CONTENTS 17 INVITATION TO BID Page 1 of 2 CITY OF BOZEMAN, MONTANA C A L L F O R B I D S NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for: Ice Prevention Well The City of Bozeman will receive online electronic sealed Bids for Construction of the Ice Prevention Well project until 3:00 p.m. (local time) on Tuesday, December 12th, 2023 and then publicly opened and read aloud. The project generally consists of, but is not necessarily limited to, the following major items:  Well construction;  Investigative drilling;  Wiring and pumping equipment selection and installation;  Well screen selection and installation;  Sediment control;  Earthwork, grading and reclamation;  Underground/overhead utility installation and coordination The work will be done under a single contract. For this project, bids will only be received and accepted via the online electronic bid service through QuestCDN. A contractor may view the contract documents at no cost prior to becoming a Planholder. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to Bid online bidding, for the submittal of your bid. QuestCDN may be located through the Morrison-Maierle web site, click on the Projects Bidding tab. The specific project can be found by referencing the Quest Project number (Quest Number 8817449). Plans may be downloaded for a non-refundable charge of $40.00 to download and bid the project. Contact QuestCDN Customer Support at 952-233-1632 or info@questcdn.com for assistance in membership registration, downloading digital project information and vBid online bid submittal. There will be a mandatory Pre-Bid Conference at the office of Morrison-Maierle, Inc., 2880 Technology Blvd West, Bozeman, MT at 9:00 AM on November 21, 2023. CONTRACTOR and any of the CONTRACTOR’S subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. Discrimination in the performance of any agreement awarded under this project on the 18 INVITATION TO BID Page 2 of 2 basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this project and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, 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. Please email Pat Eller (Project Manager) at neller@m-m.net to request an invitation to join the bid opening at least 24 hours prior to bid opening. 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 7th day of November, 2023. Bozeman City Clerk Published Legal Ad, Bozeman, Montana Saturday, November 11, 2023 Saturday, November 18, 2023 Saturday, November 25, 2023 Saturday, December 2, 2023 19 Instructions to Bidders - 00200 - Page 1 of 20 01-02 C-200 Instructions to Bidders.doc SECTION 00200 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS ARTICLE 1 - DEFINED TERMS.............................................................................................3 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS ..............................................................3 ARTICLE 3 - QUALIFICATIONS OF BIDDERS .....................................................................3 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE................................................................................................................4 ARTICLE 5 - PRE-BID CONFERENCE .................................................................................7 ARTICLE 6 - SITE AND OTHER AREAS...............................................................................8 ARTICLE 7 - INTERPRETATIONS AND ADDENDA .............................................................8 ARTICLE 8 - BID SECURITY.................................................................................................8 ARTICLE 9 - CONTRACT TIMES ..........................................................................................9 ARTICLE 10 - LIQUIDATED DAMAGES................................................................................9 ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS .......................................................9 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS .....................................9 ARTICLE 13 - PREPARATION OF BID ...............................................................................10 ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS ..............................................11 ARTICLE 15 - SUBMITTAL OF BID.....................................................................................12 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID.............................................14 ARTICLE 17 - OPENING OF BIDS ......................................................................................14 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE........................................15 ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT .............................15 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE ................................................16 ARTICLE 21 - SIGNING OF AGREEMENT .........................................................................16 20 Instructions to Bidders - 00200 - Page 2 of 20 01-02 C-200 Instructions to Bidders.doc ARTICLE 22 - MONTANA STATE LAWS AND REGULATIONS .........................................16 ARTICLE 23 - MPW STANDARD SPECIFICATIONS..........................................................17 ARTICLE 24 - COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUIREMENTS.........................................................................................17 ARTICLE 25 - DELETED......................................................................................................18 ARTICLE 26 - DELETED......................................................................................................18 ARTICLE 27 - RETAINAGE .................................................................................................18 ARTICLE 28 - DELETED......................................................................................................19 ARTICLE 29 - DELETED......................................................................................................19 ARTICLE 30 - PAYMENTS AND BIDDER BREAKDOWN OF BIDS ...................................19 ARTICLE 31 - NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION ..............19 ARTICLE 32 - NOTICE OF EXTENDED PAYMENT PROVISION.......................................19 ARTICLE 33 - DELETED......................................................................................................19 ARTICLE 34 – BOZEMAN BUSINESS LICENSE................................................................19 ARTICLE 35 – NONDISCRIMINATION IN EMPLOYMENT – EQUAL OPPORTUNITY CLAUSE .......................................................................................................19 21 Instructions to Bidders - 00200 - Page 3 of 20 01-02 C-200 Instructions to Bidders.doc SECTION 00200 INSTRUCTION TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. B. Issuing Office--The office [identified in the Invitation to Bid] from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Invitation to Bid may be obtained from the Morrison-Maierle electronic bidding site. The deposit will not be refunded. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder’s qualifications to perform the Work, the Bidder shall submit written evidence such as financial data, previous experience in performing comparable work, business and technical organization, present commitments, and such other data as may be called for below or in the Supplementary Conditions. A form entitled “Information Required of Bidders” is included with the Bid Form documents for the purpose of the Contractor furnishing this information and shall be submitted with the Bid Documents at the time of the Bid Opening. A. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. No Bidder will be acceptable if he is engaged in any other work which impairs his ability of meeting all requirements herein stipulated. 22 Instructions to Bidders - 00200 - Page 4 of 20 01-02 C-200 Instructions to Bidders.doc B. In determining the lowest responsible bid, the following elements will be considered; whether the Bidder involved: 1. maintains a permanent place of business; 2. has adequate plant and equipment to do the work properly and expeditiously; 3. has a suitable financial status to meet obligations incident to the work; and 4. has appropriate technical experience. C. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance this contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by OWNER for examination by any Bidder at the Issuing Office on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information 23 Instructions to Bidders - 00200 - Page 5 of 20 01-02 C-200 Instructions to Bidders.doc and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless expressly provided otherwise elsewhere. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to the Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in the Supplementary Conditions will be made available by OWNER for examination by any Bidder at the Issuing Office on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Responsibility for Adequacy of Data Furnished A. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, Underground Facilities, and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Access to the Site A. On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill and compact all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavations and utility locates. 4.06 Other Work at the Site A. Reference is made to Article 7 of the Supplementary Conditions or other sections of the Project Manual for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will 24 Instructions to Bidders - 00200 - Page 6 of 20 01-02 C-200 Instructions to Bidders.doc provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program exist, it will be noted in the Supplementary Conditions. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; including but not limited to those general and local conditions affecting transportation, disposal, handling and storage facilities, availability of labor, water, power, roads, climatic conditions and seasons, physical conditions at the work Sites and project area as a whole, job site topography and ground conditions, equipment and facilities needed preliminary to and during work prosecution; C. Become familiar with and satisfy Bidder as to all Federal, State, and Local Laws and Regulations that may affect cost, progress, or performance of the Work; D. Carefully study: (1) all 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) that have been identified in Paragraph 4.02 of the Supplementary Conditions as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site which have been identified in Paragraph 4.06 of the Supplementary Conditions as containing reliable “technical data”; E. Consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs; F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; 25 Instructions to Bidders - 00200 - Page 7 of 20 01-02 C-200 Instructions to Bidders.doc H. Correlate 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; I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 Representation Made by Submitting a Bid A. The submission of a Bid will constitute an incontrovertible 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 Bidding Documents and applying any specific means, methods, techniques, sequences, and/or procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents and any written resolutions are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.09 Electronic Bidding Documents A. The Contractor agrees that the digital files provided for this Project are the property of the Owner and instruments of the professional service of Morrison-Maierle, Inc., and these entities shall retain all common law, statutory law and other rights, including the copyrights thereto. The Owner and Morrison-Maierle, Inc. make no representation as to the compatibility of the electronic files with the Contractor’s software and shall not be responsible for any consequences caused by the incompatibility of the Contractor’s software with the software used by Morrison-Maierle, Inc. to prepare or create the digital files. The Owner and Morrison-Maierle, Inc. will not be responsible for any consequences resulting from the Contractor’s conversion of the digital files to a different format. The Contractor shall not alter or modify the digital files in any way. The Contractor shall not use the data contained in the electronic files for any purpose other than for use in relation to the referenced Project. ARTICLE 5 - PRE-BID CONFERENCE 5.01 A pre-Bid conference will be held at the time, date and place specified in the Invitation to Bid. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. 26 Instructions to Bidders - 00200 - Page 8 of 20 01-02 C-200 Instructions to Bidders.doc ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten (10) 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. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.03 Any addenda issued during the time of bidding or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid and on the Bid Form. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to OWNER in an amount of ten percent (10%) of Bidder’s maximum Bid price and in the form of a Bid Bond on the form attached issued by a surety authorized to do business in Montana meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. Bid bonds shall be countersigned by an insurance producer licensed in Montana. For electronic bidding purposes the bidders shall submit an electronic copy of the bond with the bid followed up with delivery of an original Bid Bond to the City of Bozeman within 2 days after the bid. Alternately the bidder may submit a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana. In such cases the Bid Security shall be delivered to the City of Bozeman prior to the day of the bid opening. 27 Instructions to Bidders - 00200 - Page 9 of 20 01-02 C-200 Instructions to Bidders.doc 8.02 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER may consider Bidder to be in default, annul the Notice of Award and the Bid security of that Bidder will be forfeited. Such forfeiture shall be OWNER’s exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven (7) days after the Effective Date of the Agreement or sixty-one (61) days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award may be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for final payment are set forth in Section 00300 Bid Form and Section 00500 Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in Section 00300 Bid Form and Section 00500 Agreement. ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS 11.01 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 specified or described 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. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraph 6.05 of the General Conditions and may be supplemented in the Supplementary Conditions or the General Requirements of the technical specifications. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 When required by the Supplementary Conditions for the Contractor to identity certain Subcontractors, Suppliers, individuals, or entities, all Bidders shall submit to OWNER with their bid a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar 28 Instructions to Bidders - 00200 - Page 10 of 20 01-02 C-200 Instructions to Bidders.doc projects and other evidence of qualifications for each such Subcontractor, Supplier, individual, or entity. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may determine such Bidder to be non-responsive and reject the Bid and may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form Sample is included with the Bidding Documents. Additional copies may be obtained from ENGINEER; however, the Bid must be made on the electronic forms provided within the QuestCDN project bid site. No paper bids will be accepted. 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. 13.02 All blanks on the Bid Form shall be completed electronically. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words “No Bid,” No Change,” or “Not Applicable” entered. 13.03 A Bid by a corporation must be executed in the corporate name by the president or a vice-president or other corporate officer who is authorized to bind the corporation, and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by evidence of authority to sign. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership must be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The State of formation of the firm and the official address of the firm must be shown below the signature. 29 Instructions to Bidders - 00200 - Page 11 of 20 01-02 C-200 Instructions to Bidders.doc 13.06 A Bid by an individual shall show the Bidder’s name and official address. 13.07 A Bid by a Joint Venture shall be executed by each Joint Venturer in the manner indicated on the Bid Form. The official address of the Joint Venture must be shown. 13.08 All signatures are to be in accordance with the electronic bidding requirements. 13.09 The Bid shall contain an electronic acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. A copy of all acknowledged Addenda shall be attached to the Bid Form. Bids in which all issued addenda are not acknowledged will be considered incomplete and will not be read. 13.10 The address and telephone number for communications regarding the Bid must be shown. 13.11 The Bid must contain evidence of Bidder’s authority and qualification to do business in Montana. Bidder’s current Montana state contractor registration number must be shown on the Bid Form. 13.12 The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instructions to Bidders. Bids in which a Bid Security is not provided will be considered incomplete and will not be read. 13.13 The Bid will not be considered unless accompanied by the City of Bozeman Nondiscrimination and Equal Pay Affirmation. Bids in which the Nondiscrimination and Equal Pay Affirmation form is not provided or not signed will be considered incomplete and will not be read. 13.13 The Bid may not be considered unless all attached forms or certifications in this Project Manual are completed. Depending on federal assistance regulations, these may include, but are not limited to: Noncollusion Affidavit Certification of Nonsegregated Facilities DBE Certifications EEO Certifications Clean Air Act and Water Pollution Control Act Certifications Federal Lobbying Certification 13.14 Alternate Bids will not be considered unless called for. 13.15 Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. 13.16 No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. 30 Instructions to Bidders - 00200 - Page 12 of 20 01-02 C-200 Instructions to Bidders.doc ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bids A. Bidders shall submit a Bid on a unit price and/or lump sum basis for each item of Work listed in the Bid Schedule as provided in the Bid Form and as described below. The Bid will not be considered unless the Bid Form contains prices for all unit price and/or lump sum items, and alternates, as shown on the Bid Form. Bids and totals shall be shown legibly in their proper locations. The Total Amount of the Bid shall be legibly written and numerically presented in the proper places and the Bid Form shall be manually signed. 14.02 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid Schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the corresponding unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.03 Allowances A. For cash allowances, the Bid price shall include such amounts as the Bidder deems proper for Contractor’s overhead, cost, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents in accordance with Paragraph 11.02.B of the General Conditions. 14.05 The low Bidder will be determined on the basis of the sum of the lowest total Lump Sum Base Bid without consideration of any additive or deductive alternate bids for lump sum proposals. The Owner reserves the right to exercise any or all additive or deductive alternatives in any combination after the lowest acceptable proposal has been determined. 14.10 The right also is reserved for the Owner to negotiate with the responsible Bidder submitting the lowest responsive bid in the event such lowest bid exceeds the amount budgeted for this contract. Such negotiations, if the Owner elects to negotiate rather than to reject all proposals, shall be directly between the Owner and such Bidder. The Owner and such Bidder shall review the Contract Documents, and the Owner may provide such additional information as it deems appropriate to provide. Such Bidder then may be invited by the Owner to submit a revised bid. The Bidder may elect not to submit a revised bid, and the Owner may reject any such revised bid. Such revised bid, if any, shall be submitted within thirty days from the date of the initial bid opening. 31 Instructions to Bidders - 00200 - Page 13 of 20 01-02 C-200 Instructions to Bidders.doc ARTICLE 15 - SUBMITTAL OF BID 15.01 Each prospective Bidder on record with the Engineer has obtained one copy of the Bidding Documents with one copy of the Bid Form included therein. The Bid Form is to be completed electronically and submitted with the items listed below. Bidders submitting the Project digitally via the electronic bidding site link and/or QuestCDN website, documents shall be uploaded electronically or completed on-line. Bidders shall complete all forms provided and upload all required documents, bidders shall download and acknowledge all addenda. The electronic bid is to be completed and submitted with the items listed below: A. Acknowledge all Addenda by its number. B. Other data required by the Instructions to Bidders, Bid Form, Supplementary Conditions or Bidding Documents. C. City of Bozeman Nondiscrimination and Equal Pay Affirmation. 15.02 A Bid shall be submitted electronically no later than the date and time prescribed and at the place indicated in the Invitation to Bid. All bids must be received electronically. Hard copy bids will not be accepted for this project. 15.03 Other Bid submittal requirements: A. The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instructions to Bidders. B. Alternative Bids will not be considered unless called for. C. Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. 15.04 Statement of Bidder’s Qualifications and Other Information: The apparent low Bidder shall be required to submit the form and information associated with the form entitled “Information Required of Bidders” which is included with the Bidding Documents. This information shall be submitted within 10 calendar days after the bid opening by the apparent three lowest Bidders. Failure to comply with this requirement may render the Bid unresponsive and may result in the rejection of the Bid. Furthermore, failure of the low Bidder to provide this information shall be reason for the OWNER to make a claim against the bid security. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 32 Instructions to Bidders - 00200 - Page 14 of 20 01-02 C-200 Instructions to Bidders.doc 16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Upon receipt of such notice, the unopened Bid will be returned to the Bidder. 16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids. 16.03 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place set for the opening as indicated in the Invitation to Bid and, unless obviously non-responsive, will be read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any and/or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. OWNER also reserves the right to reject the Bid of any Bidder if OWNER believes it would not be in the best interest of the Project to make an award to that Bidder, whether because Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of the Bidder and the rejection of all Bids in which that Bidder has an interest. 33 Instructions to Bidders - 00200 - Page 15 of 20 01-02 C-200 Instructions to Bidders.doc 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Bid Form or Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the responsible Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. 19.07 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within the time the Bid is to remain open as stated in the Bid form. 19.08 The OWNER reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the OWNER. 19.09 The OWNER reserves the right to cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. 19.10 If, at the time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner’s interests. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER’s requirements as to Performance Bond, Payment Bond and insurance. When the successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and insurance certificates. ARTICLE 21 - SIGNING OF AGREEMENT 34 Instructions to Bidders - 00200 - Page 16 of 20 01-02 C-200 Instructions to Bidders.doc 21.01 When OWNER gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, successful Bidder shall sign and deliver six (6) counterparts of the Agreement and attached documents to OWNER. Within fifteen (15) days thereafter, OWNER shall deliver two fully signed counterparts to successful Bidder each with a complete set of the Drawings with appropriate identification and each with a complete Project Manual with specifications. ARTICLE 22 - MONTANA STATE LAWS AND REGULATIONS 22.01 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the CONTRACTOR must comply with, include but are not limited to, those involving workmen's compensation insurance, contractor registration, and gross receipts tax. 22.02 MONTANA CONTRACTOR REGISTRATION REQUIREMENT. Title 39, Chapter 9, Part 2, MCA stipulates the requirements for registration of CONTRACTORS with the Montana Department of Labor and Industry. No bids will be considered that do not carry the Bidder’s Montana Contractor’s Registration Number. Information pertaining to this requirement and registration forms may be obtained from the Montana Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011, or by calling 1-406-444-7734 or at their website http://erd.dli.mt.gov/mtcontractor/index.html. 22.03 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX). In accordance with Title 15, Chapter 50, MCA, the OWNER shall withhold, in addition to other amounts withheld as provided by law or specified herein, one percent (1%) of all payments due the CONTRACTOR and shall transmit such moneys to the Montana Department of Revenue. 22.04 BIDDER PREFERENCE. In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder from any state or country that enforces a preference in their state or country for their resident Bidders. The preference given to Montana resident Bidders will be equal to the preference given in the other state or country. This Bidder preference applies unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State, which are suitable substitutes for products manufactured or produced outside the State, and comparable in price, quality and performance, shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 35 Instructions to Bidders - 00200 - Page 17 of 20 01-02 C-200 Instructions to Bidders.doc 22.05 LOCAL LABOR. CONTRACTOR shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. ARTICLE 23 - MPW STANDARD SPECIFICATIONS 23.01 The Montana Public Works Standard Specifications are referred to elsewhere in this document as the MPW Standard Specifications. Copies of the MPW Standard Specifications and all addenda are available from: Montana Contractors Association, Inc. 1717 11th Avenue Helena, MT 59601 Telephone: (406) 442-4162 ARTICLE 24 - COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUIREMENTS 24.01 For public works projects, pursuant to MCA 18-2-422, all laborer and mechanics employed by the CONTRACTOR(s) or subcontractors in performance of construction projects with a total cost in excess of $25,000, shall be paid, minimum wages in conformance with the prevailing State Wage Rates published by the Montana Department of Labor and Industry. The prevailing wage rate schedules are included herein. The OWNER does not guarantee that labor can be procured for the minimum wages shown on the referenced schedules. The rates of wages listed are minimum only, below which the CONTRACTOR cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. 24.02 The minimum wages included in the Project Manual are not controlling except as to the minimum for the purpose of Montana State Law or the Davis-Bacon Act; therefore, it is incumbent upon each employer to pay the standard prevailing rate of wages including fringe benefits for health and welfare and pension contributions, and travel allowance provisions in effect and applicable to the county or locality in which the work is being performed. The CONTRACTOR and all subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this project area. 24.03 “Standard Prevailing Rate of Wages” is defined by Section 18-2-401 MCA, as including wages, fringe benefits for health and welfare and pension contributions and travel allowance which are paid in the county or locality by other contractors for work of a similar character performed in that county or locality by each craft, classification or type of worker needed to complete a contract. 24.04 Any infraction of the Laws of the State of Montana covering Labor, Title 39, Chapters 1 through 73, MCA will be forwarded to the State of Montana Department of Labor and Industry. 36 Instructions to Bidders - 00200 - Page 18 of 20 01-02 C-200 Instructions to Bidders.doc 24.05 “Travel Allowance”, in effect at the time of contract award, and according to latest information received by the State of Montana Department of Labor and Industry, Labor Standards Division, shall be adhered to where applicable. 24.06 Travel allowance if applicable, may or may not be all inclusive of “travel” and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. 24.07 To comply with Montana Law Section 18-2-406 MCA, the Contractor shall post in a prominent and accessible site on the project work area, not later than the first day of work, a legible statement of all wages to be paid to the employees employed on the project. ARTICLE 25 - DELETED ARTICLE 26 - DELETED ARTICLE 27 - RETAINAGE 27.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 28 - DELETED ARTICLE 29 - DELETED ARTICLE 30 - PAYMENTS AND BIDDER BREAKDOWN OF BIDS 30.01 Payment for all work performed under this Agreement will be made by the OWNER within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. ARTICLE 31 - NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION 31.01 These Contract Documents and this Contract allows the OWNER to review and approve each CONTRACTOR’s periodic payment request within 30 days after the request is received by the OWNER. ARTICLE 32 - NOTICE OF EXTENDED PAYMENT PROVISION 32.01 These Contract Documents and this Contract allow the OWNER to make periodic payments within 21 days after the OWNER’s approval of each periodic payment request. 37 Instructions to Bidders - 00200 - Page 19 of 20 01-02 C-200 Instructions to Bidders.doc ARTICLE 33 - DELETED ARTICLE 34 – BOZEMAN BUSINESS LICENSE 34.01 CONTRACTOR and all subcontractors will be required to obtain a current City of Bozeman business license prior to award of the Contract. The City Business License is not required for bidding. The license(s) may be obtained from the City of Bozeman. Information on requirements and cost of the license may be obtained by calling 406-582- 2300. Applications may be obtained at City Hall, 121 N. Rouse Ave. ARTICLE 35 – NONDISCRIMINATION IN EMPLOYMENT – EQUAL OPPORTUNITY CLAUSE 35.01 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. Bidders on this work will be required to comply with the President’s Executive Orders No. 11246 as amended, 11458, 11518, and 11625. 35.02 During the performance of this Contract(s) the CONTRACTOR’s and subcontractors agree not to discriminate in employment practices. During the performance of these Contract(s), the CONTRACTOR’S and subcontractors agree as follows: A.The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B.The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C.The CONTRACTOR will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the CONTRACTOR's commitments under this agreement as required pursuant to Section 301 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 38 Instructions to Bidders - 00200 - Page 20 of 20 01-02 C-200 Instructions to Bidders.doc D.The CONTRACTOR will comply with all provisions of such Executive Order and of all relevant rules, regulations, and orders of the Secretary of Labor and any prior authority which remains in effect. E.The CONTRACTOR will furnish all information and reports required by such Executive Order, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F.In the event of the CONTRACTOR's noncompliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further contracts in accordance with procedures authorized in such Executive Order and such other sanctions may be imposed and remedies invoked as provided in the such Executive Order or by such rule, regulation, or order, or as otherwise provided by law. The provisions of this "Equal Opportunity Clause" are not applicable to any contract not exceeding $10,000. END OF SECTION 00200 39 Section 00300 - Page 1 of 11 01-03-00300 Bid Form.doc SECTION 00300 BID FORM PROJECT IDENTIFICATION: Bozeman Creek Ice Prevention Well City of Bozeman CONTRACT IDENTIFICATION AND NUMBER: MMI #0417.092 THIS BID IS SUBMITTED TO: This Bid is submitted electronically via the Morrison-Maierle/Quest electronic bidding site. ARTICLE 1 – CONTRACT 1.01 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 indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER’s Notice of Award. ARTICLE 2 - BID TO REMAIN OPEN 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitations those dealing with the disposition of Bid Security. The 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. ARTICLE 3 - SUBMITTING THE BID 3.01 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 which is hereby acknowledged: 40 Section 00300 - Page 2 of 11 01-03-00300 Bid Form.doc 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 the 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 the Work. D. Bidder 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 relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in the Supplementary Conditions SC-4.02 as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions SC-4.06 as containing reliable “technical data”. E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 3.01 E above, Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. 41 Section 00300 - Page 3 of 11 01-03-00300 Bid Form.doc 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. 3.02 Bidder further certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual, firm, or entity to refrain from bidding; D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER; and E. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 3.02 E: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 42 Section 00300 - Page 4 of 11 01-03-00300 Bid Form.doc 3.03 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. ARTICLE 4 - BID SHEET SCHEDULES 4.01 Bidder will complete the Work in accordance with the Contract Documents and the provisions below for the following price(s) as summarized in the Bid Sheet Schedule(s) hereinafter. A. The Bidder understands and acknowledges that estimated quantities are not guaranteed and are solely the purpose of comparing Bids from the various Bidders and that final payment under the Contract for all unit price bid items will be based on the actual quantities of work installed and measured in accordance with the Contract Documents. Bidder will complete the Work for the price set forth in the following unit price or lump sum schedules. B. The Bidder agrees that all sales and use taxes are included in the stated bid prices for the work, unless provision is made herein for the Bidder to separately itemize the estimated amount of sales or use taxes. C. All specific cash allowances are included in the Lump Sum prices set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. D. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. 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 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. E. The OWNER reserves the right to reject any or all bids. F. A single contract for the work shall be awarded. 43 Section 00300 - Page 5 of 11 01-03-00300 Bid Form.doc BOZEMAN CREEK ICE PREVENTION WELL BID SHEET BID ITEM TOTAL NO. ITEM DESCRIPTION QTY UNITS COST 101 Mobilization Mobilize to site 1 LS -$ 102 Filtration Tank Install filtration tank equipment 1 LS -$ 103 Site Preparation Prepare site with traffic control, security, safety measures, stormwater permit and provisions, etc. 1 LS -$ 105 Well Casing Provide and install 8-inch steel casing 300 FT -$ 106 Well Screen Install 8-inch telescopic well screen, including 40 feet of 0.050 slot screen and 5-feet of tight wound riser pipe with all necessary fittings 45 FT -$ 107 Well Development In coordination with the Engineer, perform well development to create a natural gravel pack behind screened area 20 HR -$ 108 Initial Well Disinfection Disinfect well 1 LS -$ 109 Test Pump Equipment Install and remove test pump capable of 350 gpm at 350 ft TDH with all testing appurtenances 1 LS -$ 110 Temporary Discharge Pipe Install temporary discharge piping from wellhead to Bozeman Creek 30' downstream from well 35 FT -$ 111 Pump Operation Operate pump and power source for up to 24 hours 24 HR -$ 112 Power Service Pole Install new power service meter pole 1 LS -$ 113 Well Control Box Install well control box 1 LS -$ 114 Well Wiring and PowerInstall well power and controls wiring 1 LS -$ 115 Discharge Pipe Install 4-inch PVC well discharge pipe from well to Bozeman Creek streambank 16 FT -$ 116 Gate Valve Install 4-inch gate valve w/ valve box 1 EA -$ 117 Pitless Unit Install Baker Monitor Pitless Unit 1 LS -$ 118 Pump and Motor Install final production pump and motor. Assume 350 gpm with 300 ft TDH 1 LS -$ 119 Drop Pipe Install 4-inch T&C galvanized drop pipe 250 FT -$ 120 Check Valve Install check valve inside well 1 LS -$ 121 Submersible Power Cable Install submersible power cable - Assume No 3. Size 270 FT -$ 122 Final Well Startup Startup and commissioning final well and controls 1 LS -$ 123 Final Well Disinfection Disinfect well 1 LS -$ 124 Landscaping Install 2-ton decorative landscape rock at wellhead 1 EA -$ 125 Retaining Wall Resoration Restore rock masonry wall to equal or better condition 1 LS -$ Well Final Production Final Site Work Well Drilling Aquifer Testing Electrical Discharge Piping UNIT PRICE 44 Section 00300 - Page 6 of 11 01-03-00300 Bid Form.doc TOTAL UNIT PRICE BID Total Bid in Figures $____________________ Total Bid in Words: ________________________________________________________ _____________________________________________________________________ ARTICLE 5 - CONTRACT TIME 5.01 The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. 5.02 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. ARTICLE 6 - LIQUIDATED DAMAGES AND DAMAGES FOR ADDITIONAL ENGINEERING SERVICES 6.01 In the event the Bidder is awarded the Contract and shall fail to meet the Substantial Completion time limits provided by the Contract Documents, liquidated damages shall be paid to the OWNER by the Bidder at the rate stated in the Agreement until all work shall be determined to meet the Substantial Completion requirements of the Contract Documents. In addition, the Bidder shall pay to the OWNER damages at the rates specified in Sections 6.05 and 6.06 for expenses incurred by the OWNER for additional engineering services resulting from Bidder’s failure to meet the Substantial Completion time limits. In the event the Bidder shall fail to meet the Final Completion time limits provided by the Contract Documents, liquidated damages shall be paid to the OWNER by the Bidder at the rate stated in the Agreement until all work shall be determined to meet the Final Completion requirements of the Contract Documents. In addition, the Bidder shall pay 45 Section 00300 - Page 7 of 11 01-03-00300 Bid Form.doc to the OWNER damages at the rates specified in Sections 6.05 and 6.06 for expenses incurred by the OWNER for additional engineering services resulting from Bidder’s failure to meet the Final Completion time limits. 6.02 The Bidder agrees to pay these damages for failure to complete the work within the specified contract time both for compensation to the OWNER for non-use of the completed work and for compensation to the OWNER for expenses incurred by the OWNER for additional engineering services during the contract time overrun. 6.03 The Bidder further agrees to pay damages incurred by the OWNER for additional engineering services necessitated by the Bidder furnishing materials, workmanship, and/or equipment not in conformance with the Contract Documents resulting in additional construction administration/observation work and/or redesign work by the Engineer; or any reestablishment of survey lines or benchmarks destroyed by the Bidder’s actions; or additional work required by the failure of the Contractor to maintain adequate record documents. 6.04 Construction observation time will be accrued at straight time up to 40 hours per week and 1.5 times over 40 hours per week or legal holidays. The Contractor shall provide a construction schedule per Section 01300, SUBMITTALS. If the Contractor intends to work double shifts, then two construction observers may be required. If two construction observers are on the job, then observation time will be accrued at straight time up to 40 hours per week per observer. 6.05 Damages for additional engineering services shall be determined based on the following hourly rates: Straight Time Overtime Engineer $177.00/Hour $177.00/Hour Resident Observer $147.00/Hour $147.00/Hour Surveyor $148.00/Hour $148.00/Hour Technician $114.00/Hour $170.00/Hour Clerical $92.00/Hour $137.00/Hour 6.06 Out of pocket expenses for materials, equipment, supplies, transportation and subsistence for additional engineering services shall be billed at cost plus 10 percent. 6.07 Liquidated damages and damages shall be deducted from monthly progress payments and the final payment as the damages are incurred. ARTICLE 7 - BID DOCUMENTS 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond (Section 00430), or other form of Bid Security as identified in the Instructions to Bidders. 46 Section 00300 - Page 8 of 11 01-03-00300 Bid Form.doc 1. Surety. If the Bidder is awarded a construction Contract on this Bid Form, the Surety who provides the Performance Bond and Payment Bond will be: whose address is Street City State Zip B. Non-Collusion Affidavit. C. Information Required of Bidders (tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid). Information to be submitted after bid opening per Instructions to Bidders. E. Acknowledge and attach all Addenda. G. Nondiscrimination and Equal Pay Affirmation. ARTICLE 8 - MEANING OF TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 - BID REJECTION 9.01 The OWNER reserves the right to reject any or all bids. ARTICLE 10 - BID SUBMISSION SUBMITTED on _____________ , 20 . Montana Contractor Registration No. [Employer’s Tax ID No. .] 47 Section 00300 - Page 9 of 11 01-03-00300 Bid Form.doc If Bidder is: A Corporation Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign if not a Corporate officer) Name (typed or printed): Title: Attest: (Corporate Seal) (Signature of Secretary) Business address: Phone No.:______________ FAX No.: ___________ Email ______________ Date of Qualification to do business in Montana is . An Individual Name (typed or printed): By: (SEAL) (Individual’s signature) Doing business as: Business address: Phone No.:______________ FAX No.: ___________ Email ______________ 48 Section 00300 - Page 10 of 11 01-03-00300 Bid Form.doc A Partnership Name (typed or printed): By: (SEAL) (Individual’s signature) Name (typed or printed): Business address: Phone No.:______________ FAX No.: ___________ Email ______________ A Joint Venture (Each Joint Venture must sign.) Joint Venturer Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.:______________ FAX No.: ___________ Email ______________ Joint Venturer Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.:______________ FAX No.: ___________ Email ______________ 49 Section 00300 - Page 11 of 11 01-03-00300 Bid Form.doc Address of Joint Venture for Receipt of Official Communication: Address: Phone No.:______________ FAX No.: ___________ Email ______________ (Each joint venturer 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.) END OF SECTION 00300 50 Information Required of Bidders - 1 of 3 01-04 IROB (002).doc Revised January 2010 INFORMATION REQUIRED OF BIDDERS (Required to be submitted within 10 days of bid opening. See the Instruction to Bidders for details.) The Bidder shall furnish the following information as specified in the Instructions To Bidders. Additional sheets as required may be attached. 1.Contractor name and address: 2.Contractor’s telephone number: 3.Names and titles of major officers of Contractor firm: 4.Name of Contractor’s representative who inspected the site: Date of Inspection: 5.Name, address and telephone number of surety company and agent who will provide required bonds on this contact: 6.Attach a list of three (3) construction contracts completed by the Bidder during the last 10 years involving similar work and the amount of the Contract. The list shall include projects the Bidder is currently working on along with the names, addresses, and the telephone numbers of the project owner representative most familiar with the details of the project. State the approximate cost of each project along with the total amount of change orders as a percentage of the original bid price. 7.Bank reference. List the Bank name, Contact person, and telephone number: 8.Have you ever failed to complete any work awarded to you? If so, where and why?: 9.Have you ever defaulted on a contract? If so, where and why? 51 Information Required of Bidders - 2 of 3 01-04 IROB (002).doc Revised January 2010 10.Have you ever had any project terminated by the Owner? If so, where and why?: 11.Are you involved in any lawsuits or are any lawsuits pending at the present time? If yes, give the details: 12.Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? 13.Name of the proposed resident project superintendent: Attach a resume of the proposed resident project superintendent including a list and description of all projects on which this individual has acted as project superintendent along with the name, address, and telephone number of each project owner representative most familiar with the details of the project and the capabilities of the proposed project superintendent. 14.The Bidder shall list below the name, business address, and contractor’s license number, if any, of each subcontractor who will be working on this project along with the nature and value of work assigned to each subcontractor. No changes or substitutions will be allowed without written approval of the Owner. Name:Value: Name:Value: Name: Value: Name:Value: Name:Value: 52 Information Required of Bidders - 3 of 3 01-04 IROB (002).doc Revised January 2010 Name:Value: Name:Value: Name:Value: The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recital comprising this statement of Bidder’s qualifications and other Information Required of Bidders. The undersigned further agrees that they will not bring suit in a court of law for any information that is furnished to Owner in good faith by said parties or persons responding to Owner’s requests for information concerning Bidder’s qualifications. Dated this day of , 20 . Name of Bidder By: Title: END OF INFORMATION REQUIRED OF BIDDERS 53 Noncollusion Affidavit – Page 1 of 1 01-05 NCA.doc Revised/January, 2010 NON-COLLUSION AFFIDAVIT (TO BE EXECUTED AND PROVIDED WITH BID FORM) STATE OF MONTANA ________________) ) SS COUNTY OF ________________________) , being first duly sworn, deposes and says that he is (sole owner, a partner, president, secretary, etc.) of , the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said Bidder or any other Bidder, nor to fix any overhead, profit, or cost element of such bid price, nor of that of any other Bidder, nor to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true; and, further, that said Bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said Bidder in his general business. Signed: Title: Subscribed and sworn to before me this day day of , 20 . (SEAL) Notary Public 54 Attachment A 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 55 PENAL SUM FORM Bid Bond – 00430 – Page 1 of 2 EJCDC C-430 Bid Bond (Penal Sum Form)(2007 Edition). Prepared by the Engineers Joint Contract Documents Committee. C-430 Bid Bond, MPW-EJCDC January 2010 Revision.doc 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. 56 PENAL SUM FORM Bid Bond – 00430 – Page 2 of 2 EJCDC C-430 Bid Bond (Penal Sum Form)(2007 Edition). Prepared by the Engineers Joint Contract Documents Committee. C-430 Bid Bond, MPW-EJCDC January 2010 Revision.doc 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. 57 Agreement Form - 00500 – Page 1 of 9 01-08 00500 Agreement.doc Revised January, 2010 SECTION 00500 AGREEMENT FORM THIS AGREEMENT is dated as of the day of in the year (effective date), 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 in the Invitation to Bid and is described in detail in the Contract Documents and the technical construction drawings. 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: Bozeman Creek Ice Prevention Well ARTICLE 3 - ENGINEER 3.01 The Project has been designed by: Morrison-Maierle, Inc. 2880 Technology Blvd W Bozeman, MT 59718 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 58 Agreement Form - 00500 – Page 2 of 9 01-08 00500 Agreement.doc Revised January, 2010 B. The CONTRACTOR agrees to complete the work within the time(s) specified herein. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially complete and the CONTRACTOR will be prepared to file a Certificate of Substantial Completion within 60 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and will be complete and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 90 calendar days after the date when the Contract Time commences to run. 4.03 Liquidated Damages and Damages for Additional Engineering Services A. CONTRACTOR and OWNER 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 Contractor acknowledges and agrees that the actual loss and damages suffered by OWNER is impracticable or extremely difficult to fix, determine and prove if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that a liquidated damage provision is both appropriate and necessary and that the liquidated damage amounts specified herein are reasonable and good faith estimates of the anticipated and probable damages the OWNER will incur should CONTRACTOR fail to complete the Work within the times specified herein. Therefore, as liquidated damages for delay, CONTRACTOR agrees to pay OWNER $500 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR agrees to pay OWNER as liquidated damages for delay $500 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. B. Damages for unscheduled employment of the ENGINEER shall be paid by the CONTRACTOR to the OWNER as specified in Article 6 of the Bid Form. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of dollars ($ ), based on the prices stipulated in the Bid Form and subject to adjustment as provided in the Contract Documents. A. As provided in paragraph 11.01 of the General Conditions, CONTRACTOR agrees that lump sum amount(s) constitute full payment for the work and that these lump sum amount(s) represent a true measure of the labor and materials required to perform the work, including all allowances for overhead, profit, taxes, bonds, 59 Agreement Form - 00500 – Page 3 of 9 01-08 00500 Agreement.doc Revised January, 2010 insurance, and all other costs for each type and unit of work called for in these Contract Documents. B. As provided in paragraph 11.03 of the General Conditions, estimated unit price quantities used for bidding purposes are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in 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 General Conditions or other portions of the Contract Documents. 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 the ENGINEER once each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such progress payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions or in the case of Unit Price Work based on the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for each bid item, or, in the event there is no schedule of values, as provided in the General Conditions: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of work completed but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, including but not limited to liquidated damages and damages for additional engineering services, in accordance with paragraph 14.02 of the General Conditions: a. The OWNER shall retain 5% of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. 2. Upon Substantial Completion and at the OWNER’s discretion, the amount of retainage may be further reduced if requested by the CONTRACTOR. Reduction of retainage is at the sole discretion of the OWNER. OWNER is not obligated to reduce retainage. Amount of substantial completion payment will be reduced by such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and by 100% of ENGINEER’s estimate of the value of Work to be completed or corrected as shown on the 60 Agreement Form - 00500 – Page 4 of 9 01-08 00500 Agreement.doc Revised January, 2010 tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 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 REPRESENTATIONS 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 Article 9) and the other related data identified in the Bidding Documents. 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, and 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), if any, which have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable “technical data”, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site which has been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable “technical data”. 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 considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site- 61 Agreement Form - 00500 – Page 5 of 9 01-08 00500 Agreement.doc Revised January, 2010 related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, CONTRACTOR does not consider that any further 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. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 9, inclusive); 2. Performance Bond (pages 1 to 3, inclusive); 3. Payment Bond (pages 1 to 3, inclusive); 4. General Conditions (pages 1 to 72, inclusive); 6. Supplementary Conditions (pages 1 to 17, inclusive); 7. Special Provisions (pages 1 to 4, inclusive); 62 Agreement Form - 00500 – Page 6 of 9 01-08 00500 Agreement.doc Revised January, 2010 8. Specifications as listed in the Table of Contents of the Project Manual; 9. Drawings consisting of Electrical Plans (pages 1), and Well Plan and Details (pages 1) 10. Exhibits to this Agreement (enumerated as follows): a. Notice of Award (pages 1 to 1 inclusive); b. CONTRACTOR’s Bid Form (pages 1 to 16, inclusive); 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Written Amendments; c. Work Change Directives; d. Change Orders. B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 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 stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may come due and moneys that are due may not be assigned without such consent (except to the 63 Agreement Form - 00500 – Page 7 of 9 01-08 00500 Agreement.doc Revised January, 2010 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 to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state 64 Agreement Form - 00500 – Page 8 of 9 01-08 00500 Agreement.doc Revised January, 2010 and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed copies of this Agreement. counterpart(s) has 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 the date shown on page 1 (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: Phone: Facsimile: Facsimile: [CORPORATE SEAL] [CORPORATE SEAL] 65 Agreement Form - 00500 – Page 9 of 9 01-08 00500 Agreement.doc Revised January, 2010 Montana Contractors’ Registration No. _______________________________ (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agreement.) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Owner’s Designated Representative: Contractor’s Designated Representative: Name: Name: Title: Title: Address: Address: Phone: Phone: Facsimile: Facsimile: Email :___________________________ Email: ___________________________ The foregoing Contract, including all Contract Documents which are a part thereof, is in due form according to the law, and is hereby approved. By: (Signature) Attorney of the ] (Owner) END OF SECTION 00500 66 EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 PERFORMANCE BOND CONTRACTOR (name and address):SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (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 Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. 67 EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 68 EJCDC® C-610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: 69 EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 PAYMENT BOND CONTRACTOR (name and address):SURETY (name and address of principal place of business): OWNER (name and address): CONSTRUCTION CONTRACT Effective Date of the Agreement: Amount: Description (name and location): BOND Bond Number: Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: Modifications to this Bond Form: None See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (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 Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. 70 EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety’s expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety’s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants who do not have a direct contract with the Contractor, 5.1.1 have furnished a written notice of non- payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2 Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety’s failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8. The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Paragraph 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 71 EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16.Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms of “labor, materials, or equipment” that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: 72 NOTE: THIS DOCUMENT HAS BEEN AMENDED FOR THIS PROJECT AND CONTROLLING LAW . Standard General Conditions of the Construction Contract – 00700 – Page 1 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 73 NOTE: THIS DOCUMENT HAS BEEN AMENDED FOR THIS PROJECT AND CONTROLLING LAW . Standard General Conditions of the Construction Contract – 00700 – Page 2 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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). NOTE: Deletions from the Standard EJCDC General Conditions are shown by strikeout. Additions to the Standard EJCDC General Conditions are Underlined. Adaptation of Standard General Conditions prepared by Morrison-Maierle, Inc. Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. MMI No. C-700 (2010 Edition) 74 Standard General Conditions of the Construction Contract – 00700 – Page 3 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 7 1.01 Defined Terms............................................................................................................................... 7 1.02 Terminology ................................................................................................................................ 11 Article 2 – Preliminary Matters ....................................................................................................................... 12 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................... 12 2.02 Copies of Documents .................................................................................................................. 12 2.03 Commencement of Contract Times; Notice to Proceed ............................................................ 12 2.04 Starting the Work ........................................................................................................................ 13 2.05 Before Starting Construction ...................................................................................................... 13 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................... 13 2.07 Initial Acceptance of Schedules ................................................................................................. 14 Article 3 – Contract Documents: Intent, Amending, Reuse .......................................................................... 14 3.01 Intent ............................................................................................................................................ 14 3.02 Reference Standards ................................................................................................................... 15 3.03 Reporting and Resolving Discrepancies .................................................................................... 15 3.04 Amending and Supplementing Contract Documents ................................................................ 16 3.05 Reuse of Documents ................................................................................................................... 16 3.06 Electronic Data ............................................................................................................................ 16 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points .......................................................................................................... 17 4.01 Availability of Lands .................................................................................................................. 17 4.02 Subsurface and Physical Conditions .......................................................................................... 17 4.03 Differing Subsurface or Physical Conditions ............................................................................. 18 4.04 Underground Facilities ............................................................................................................... 19 4.05 Reference Points ......................................................................................................................... 20 4.06 Hazardous Environmental Condition at Site .............................................................................. 21 Article 5 – Bonds and Insurance ..................................................................................................................... 22 5.01 Performance, Payment, and Other Bonds .................................................................................. 22 5.02 Licensed Sureties and Insurers ................................................................................................... 23 5.03 Certificates of Insurance ............................................................................................................. 23 5.04 Contractor’s Insurance ................................................................................................................ 24 5.05 Owner’s Liability Insurance ....................................................................................................... 25 5.06 Property Insurance ...................................................................................................................... 25 5.07 Waiver of Rights ......................................................................................................................... 27 5.08 Receipt and Application of Insurance Proceeds ........................................................................ 28 5.09 Acceptance of Bonds and Insurance; Option to Replace........................................................... 28 5.10 Partial Utilization, Acknowledgment of Property Insurer ......................................................... 29 75 Standard General Conditions of the Construction Contract – 00700 – Page 4 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 Article 6 – Contractor’s Responsibilities ........................................................................................................ 29 6.01 Supervision and Superintendence .............................................................................................. 29 6.02 Labor; Working Hours ................................................................................................................ 29 6.03 Services, Materials, and Equipment ........................................................................................... 29 6.04 Progress Schedule ....................................................................................................................... 30 6.05 Substitutes and “Or-Equals” ....................................................................................................... 30 6.06 Concerning Subcontractors, Suppliers, and Others ................................................................... 33 6.07 Patent Fees and Royalties ........................................................................................................... 34 6.08 Permits ......................................................................................................................................... 35 6.09 Laws and Regulations ................................................................................................................. 35 6.10 Taxes ........................................................................................................................................... 35 6.11 Use of Site and Other Areas ....................................................................................................... 35 6.12 Record Documents ...................................................................................................................... 36 6.13 Safety and Protection .................................................................................................................. 36 6.14 Safety Representative ................................................................................................................. 38 6.15 Hazard Communication Programs ............................................................................................. 38 6.16 Emergencies ................................................................................................................................ 38 6.17 Shop Drawings and Samples ...................................................................................................... 39 6.18 Continuing the Work .................................................................................................................. 40 6.19 Contractor’s General Warranty and Guarantee .......................................................................... 41 6.20 Indemnification ........................................................................................................................... 41 6.21 Delegation of Professional Design Services .............................................................................. 42 Article 7 – Other Work at the Site ................................................................................................................... 43 7.01 Related Work at Site ................................................................................................................... 43 7.02 Coordination ................................................................................................................................ 44 7.03 Legal Relationships ..................................................................................................................... 44 Article 8 – Owner’s Responsibilities .............................................................................................................. 44 8.01 Communications to Contractor................................................................................................... 44 8.02 Replacement of Engineer ............................................................................................................ 44 8.03 Furnish Data ................................................................................................................................ 44 8.04 Pay When Due ............................................................................................................................ 44 8.05 Lands and Easements; Reports and Tests .................................................................................. 45 8.06 Insurance ..................................................................................................................................... 45 8.07 Change Orders............................................................................................................................. 45 8.08 Inspections, Tests, and Approvals .............................................................................................. 45 8.09 Limitations on Owner’s Responsibilities ................................................................................... 45 8.10 Undisclosed Hazardous Environmental Condition .................................................................... 45 8.11 Evidence of Financial Arrangements ......................................................................................... 45 8.12 Compliance with Safety Program ............................................................................................... 45 Article 9 – Engineer’s Status During Construction ........................................................................................ 46 9.01 Owner’s Representative .............................................................................................................. 46 9.02 Visits to Site ................................................................................................................................ 46 9.03 Project Representative ................................................................................................................ 46 9.04 Authorized Variations in Work .................................................................................................. 46 9.05 Rejecting Defective Work .......................................................................................................... 47 9.06 Shop Drawings, Change Orders and Payments ......................................................................... 47 76 Standard General Conditions of the Construction Contract – 00700 – Page 5 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 9.07 Determinations for Unit Price Work .......................................................................................... 47 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .................... 47 9.09 Limitations on Engineer’s Authority and Responsibilities ........................................................ 48 9.10 Compliance with Safety Program ............................................................................................... 48 Article 10 – Changes in the Work; Claims ..................................................................................................... 49 10.01 Authorized Changes in the Work ............................................................................................... 49 10.02 Unauthorized Changes in the Work ........................................................................................... 49 10.03 Execution of Change Orders....................................................................................................... 49 10.04 Notification to Surety .................................................................................................................. 49 10.05 Claims .......................................................................................................................................... 50 Article 11 – Cost of the Work; Allowances; Unit Price Work ....................................................................... 51 11.01 Cost of the Work ......................................................................................................................... 51 11.02 Allowances .................................................................................................................................. 53 11.03 Unit Price Work .......................................................................................................................... 54 Article 12 – Change of Contract Price; Change of Contract Times ............................................................... 54 12.01 Change of Contract Price ............................................................................................................ 54 12.02 Change of Contract Times .......................................................................................................... 56 12.03 Delays .......................................................................................................................................... 56 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 57 13.01 Notice of Defects ........................................................................................................................ 57 13.02 Access to Work ........................................................................................................................... 57 13.03 Tests and Inspections .................................................................................................................. 57 13.04 Uncovering Work........................................................................................................................ 58 13.05 Owner May Stop the Work ......................................................................................................... 58 13.06 Correction or Removal of Defective Work ................................................................................ 58 13.07 Correction Period ........................................................................................................................ 59 13.08 Acceptance of Defective Work .................................................................................................. 60 13.09 Owner May Correct Defective Work ......................................................................................... 60 Article 14 – Payments to Contractor and Completion .................................................................................... 61 14.01 Schedule of Values ..................................................................................................................... 61 14.02 Progress Payments ...................................................................................................................... 61 14.03 Contractor’s Warranty of Title ................................................................................................... 64 14.04 Substantial Completion ............................................................................................................... 65 14.05 Partial Utilization ........................................................................................................................ 65 14.06 Final Inspection ........................................................................................................................... 66 14.07 Final Payment ............................................................................................................................. 67 14.08 Final Completion Delayed .......................................................................................................... 68 14.09 Waiver of Claims ........................................................................................................................ 68 Article 15 – Suspension of Work and Termination ........................................................................................ 68 15.01 Owner May Suspend Work ........................................................................................................ 68 15.02 Owner May Terminate for Cause ............................................................................................... 69 15.03 Owner May Terminate For Convenience ................................................................................... 70 15.04 Contractor May Stop Work or Terminate .................................................................................. 70 77 Standard General Conditions of the Construction Contract – 00700 – Page 6 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 Article 16 – Dispute Resolution ...................................................................................................................... 71 16.01 Methods and Procedures ............................................................................................................. 71 Article 17 – Miscellaneous .............................................................................................................................. 71 17.01 Giving Notice .............................................................................................................................. 71 17.02 Computation of Times ................................................................................................................ 71 17.03 Cumulative Remedies ................................................................................................................. 72 17.04 Survival of Obligations ............................................................................................................... 72 17.05 Controlling Law .......................................................................................................................... 72 17.06 Headings ...................................................................................................................................... 72 78 Standard General Conditions of the Construction Contract – 00700 – Page 7 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. The definition of the word “Contract” is synonymous with the word “Agreement” and is used interchangeably in the Contract Documents. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. 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. 79 Standard General Conditions of the Construction Contract – 00700 – Page 8 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. Engineer’s Consultant – An individual or entity having a contract with Engineer to furnish services as Engineer’s independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. 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. 22. 21. General Requirements—Sections of Division 1 of the Specifications. 23. 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. 24. 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. 25. 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. 80 Standard General Conditions of the Construction Contract – 00700 – Page 9 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 26. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. 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. 28. 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. 29. 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. 30. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. 30. PCBs—Polychlorinated biphenyls. 33. 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. 34. 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. 35. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 36. 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. 37. 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. 38. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 39. 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. 81 Standard General Conditions of the Construction Contract – 00700 – Page 10 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 40. 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. 41. 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. 42. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 43. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 44. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 45. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 46. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 47. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 48. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 49. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 50. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 51. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 52. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of 82 Standard General Conditions of the Construction Contract – 00700 – Page 11 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 53. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 83 Standard General Conditions of the Construction Contract – 00700 – Page 12 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before Owner will execute the Agreement and before any Work at the Site is started, Contractor and Owner shall each deliver to Owner the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are is required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. 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 Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to 84 Standard General Conditions of the Construction Contract – 00700 – Page 13 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 4. 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 in accordance with paragraph 11.01A.5.c of these General Conditions including: make, model, and year of manufacture as well as the horse power, capacity or weight, and accessories. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 85 Standard General Conditions of the Construction Contract – 00700 – Page 14 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. A. Prior to the first application for payment, all schedules and documents identified in paragraph 2.05.A of these General Conditions 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. 1. The Progress Schedule will be acceptable to Engineer and Owner if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer and Owner responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefore. 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. 4. Contractor’s Schedule of 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 of these General Conditions. 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. 86 Standard General Conditions of the Construction Contract – 00700 – Page 15 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 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: 87 Standard General Conditions of the Construction Contract – 00700 – Page 16 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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: 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s 88 Standard General Conditions of the Construction Contract – 00700 – Page 17 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. 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. D. 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 written 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. 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 89 Standard General Conditions of the Construction Contract – 00700 – Page 18 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 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. Contractor shall notify the Owner and Engineer in writing about differing subsurface or physical conditions within 5 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. 90 Standard General Conditions of the Construction Contract – 00700 – Page 19 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 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 91 Standard General Conditions of the Construction Contract – 00700 – Page 20 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 92 Standard General Conditions of the Construction Contract – 00700 – Page 21 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. 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. 93 Standard General Conditions of the Construction Contract – 00700 – Page 22 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 defend, 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. H. To the fullest extent permitted by Laws and Regulations, Contractor shall defend, 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 94 Standard General Conditions of the Construction Contract – 00700 – Page 23 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. All bonds signed by an agent must have a Power of Attorney form attached to the Bond. 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 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. All insurance required to be provided under Article 5 shall be written in such a manner as to afford primary insurance coverage (as opposed to excess or secondary coverage) as to meet or exceed the insurance requirements for all insureds and additional insureds and the respective directors, officers, partners, employees, agents and other consultants and subcontractors of each and any of all such additional insureds. CD.Failure of Owner to demand such certificates, endorsements 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. DE.By requiring such insurance and insurance limits specified herein, Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. 95 Standard General Conditions of the Construction Contract – 00700 – Page 24 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 EF.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 or to Contractor’s employees; 3. claims for damages because of bodily injury, sickness, 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: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, Engineer’s Consultants and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 96 Standard General Conditions of the Construction Contract – 00700 – Page 25 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days 45 days (or 10 days if allowed by MCA 33-15-1103) prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect for a period of at least until one year following final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two three years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one for each year thereafter until this provision is satisfied. 5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner 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 the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, Sub-subcontractors and Engineer, Engineer’s Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on the appropriate property insurance form ( typically a Builder’s Risk or Installation Floater “all-risk” policy form) that shall at least include insurance for physical loss or damage to the Work, including machinery and testing and start up of machinery (including electrical units), temporary buildings, falsework, and materials and equipment in transit, and materials stored off premises that are to become part of the project and shall insure against Special Perils to include at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, 97 Standard General Conditions of the Construction Contract – 00700 – Page 26 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), flood, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work; , provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. be endorsed to allow occupancy and to allow for partial utilization of the Work by Owner; and specifically endorse the property insurance policy (typically a Builder’s Risk or Installation Floater policy) to allow for such action: 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 45 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, Engineer’s Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. Contractor shall be responsible for any deductible or self-insured retention. DC.All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by Contractor in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 45 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. The qualifications of the insurance company shall comply with the requirements of paragraph 5.02 and the Supplementary Conditions. ED.Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss to the work within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. 98 Standard General Conditions of the Construction Contract – 00700 – Page 27 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 EE.If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. FG. Qualifications of the property insurance company shall be as specified in the Supplementary Conditions. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, Engineer’s Consultants, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner, and Contractor, Subcontractors, Engineer, Engineer’s Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such policies waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, Engineer’s Consultants, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, Engineer’s Consultants, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 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, or Engineer’s Consultants, and the officers, 99 Standard General Conditions of the Construction Contract – 00700 – Page 28 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 Losses insured under the policies of insurance required by Paragraph 5.06 and SC-5.06 that include Owner as a named insured will be adjusted with Owner Contractor and made payable to Owner Contractor 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 Contractor 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 first named insured 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. Arbitrators shall be chosen as provided in paragraph 5.08.C. Owner shall in that case make settlement with the insurers in accordance with the direction of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such arbitration. C. Arbitrators, if required, shall be selected in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. 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 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. 100 Standard General Conditions of the Construction Contract – 00700 – Page 29 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 and SC-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. Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents. 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. Emergency work may be done without prior permission. 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. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All 101 Standard General Conditions of the Construction Contract – 00700 – Page 30 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) with each application for payment an undated progress schedule reflecting the amount of work completed and proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Until the updated schedules are submitted to and acceptable to Engineer and Owner, Owner may withhold an amount from a progress payment that is sufficient to pay the direct expenses that Owner may reasonably expect will be necessary to correct any problems based on Contractor’s failure to submit acceptable updated schedules. 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. 32. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: 102 Standard General Conditions of the Construction Contract – 00700 – Page 31 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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; 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, 103 Standard General Conditions of the Construction Contract – 00700 – Page 32 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 1. Payment for such evaluation and redesign shall be made at the hourly rates specified in the Bid Form and made by deduction from the monthly progress payments and the final payment as the evaluation and redesign expenses are incurred. 104 Standard General Conditions of the Construction Contract – 00700 – Page 33 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. Owner or Engineer may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, information about amounts paid to Contractor in accordance with Contractor’s Applications for Payment on account of the particular Subcontractor’s, Suppliers, or other person’s or other organization’s Work. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. 105 Standard General Conditions of the Construction Contract – 00700 – Page 34 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, Engineer’s Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall defend, indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall defend, indemnify and hold harmless Owner, and Engineer, Engineer’s Consultants, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 106 Standard General Conditions of the Construction Contract – 00700 – Page 35 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall may be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 107 Standard General Conditions of the Construction Contract – 00700 – Page 36 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 3. To the fullest extent permitted by Laws and Regulations, Contractor shall defend, indemnify and hold harmless Owner, and Engineer, Engineer’s Consultants, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought 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. B. The cost of any additional work required of the Engineer to complete the record documents due to failure of the Contractor to maintain adequate record documents shall be calculated at the hourly rates specified in the Bid Form for unscheduled employment of the Engineer. Payment for such work shall be made by deduction from the monthly progress payments and the final payment as the costs are incurred. 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: 108 Standard General Conditions of the Construction Contract – 00700 – Page 37 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 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 Engineer’s Consultants, 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). 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. While Owner and Engineer may have the right to observe and report or otherwise review the work, progress and operations of Contractor and any subcontractors or suppliers, this observation, report or review shall not relieve Contractor from any of its covenants and obligations hereunder. Contractor shall incorporate all safety requirements into its construction progress and work schedules, including preconstruction and regularly scheduled safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. 109 Standard General Conditions of the Construction Contract – 00700 – Page 38 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 work and facilities, including pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction work 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 affected 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 the work, including moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of the site thereof, whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with the 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, or walks, whether pubic 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. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. 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. 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 110 Standard General Conditions of the Construction Contract – 00700 – Page 39 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 111 Standard General Conditions of the Construction Contract – 00700 – Page 40 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 112 Standard General Conditions of the Construction Contract – 00700 – Page 41 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall defend, indemnify and hold harmless Owner, and Engineer, Engineer’s Consultants, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, demands, liability, 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) caused by, arising out of or relating to the performance of the Work, provided that any such claim, demand, liability, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable . 113 Standard General Conditions of the Construction Contract – 00700 – Page 42 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 B. While Owner and Engineer may have the right to observe or otherwise review the work, progress and operations of the Contractor, and any Subcontractors or Suppliers, it is expressly understood and agreed that this observation, report or review shall not relieve the Contractor from any of its covenants and obligations hereunder. CD. 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. DC.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. E. The exceptions to Contractor’s indemnification obligations under paragraph 6.20.D shall not apply to any claim or demand against Engineer and Engineer’s Consultants or to the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them which is based on asserted liability for the reporting or failing to report of matters relating to alleged health and safety violations in connection with the work of Contractor and any Subcontractor or Supplier. 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. 114 Standard General Conditions of the Construction Contract – 00700 – Page 43 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 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. 115 Standard General Conditions of the Construction Contract – 00700 – Page 44 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 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. 116 Standard General Conditions of the Construction Contract – 00700 – Page 45 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. 117 Standard General Conditions of the Construction Contract – 00700 – Page 46 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On 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 118 Standard General Conditions of the Construction Contract – 00700 – Page 47 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. B. However, there will be no relaxing, substituting or qualifying any portion of the Specifications, unless such change is approved in writing by the Engineer and Owner. 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. 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 119 Standard General Conditions of the Construction Contract – 00700 – Page 48 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 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 Engineer’s Consultants, if any, 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. 120 Standard General Conditions of the Construction Contract – 00700 – Page 49 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 121 Standard General Conditions of the Construction Contract – 00700 – Page 50 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data 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. 122 Standard General Conditions of the Construction Contract – 00700 – Page 51 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. 123 Standard General Conditions of the Construction Contract – 00700 – Page 52 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 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. 124 Standard General Conditions of the Construction Contract – 00700 – Page 53 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. 125 Standard General Conditions of the Construction Contract – 00700 – Page 54 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25 percent 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 percent or more of the Contract Price which is the total sum of all schedules (if any); and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 126 Standard General Conditions of the Construction Contract – 00700 – Page 55 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). 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. D. Lump sum quotations for modifications to the Work shall include substantiating documentation with an itemized breakdown of direct project related Contractor and Subcontractor costs, including labor, materials, rentals, and approved services as summarized in paragraphs 11.01A.1 through 11.01.A.4; and overhead and profit (fixed fee) as defined in paragraph 12.01.C. 127 Standard General Conditions of the Construction Contract – 00700 – Page 56 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 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. F. Should the Contractor request a construction shutdown due to the reasons listed in paragraph 12.03.A and should a shutdown be approved by the Engineer and Owner, all work on the project shall cease. The Engineer will not be available for work inspection during such shutdowns and any work completed by the Contractor during such shutdown will not be accepted by the Engineer or Owner. 128 Standard General Conditions of the Construction Contract – 00700 – Page 57 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 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. 129 Standard General Conditions of the Construction Contract – 00700 – Page 58 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute 130 Standard General Conditions of the Construction Contract – 00700 – Page 59 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 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. 131 Standard General Conditions of the Construction Contract – 00700 – Page 60 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 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. 132 Standard General Conditions of the Construction Contract – 00700 – Page 61 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 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. 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. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 2. Each application for progress payment shall be accompanied by the Contractor’s updated schedule of operations, or progress report, with such shop drawings schedules, procurement schedules, value of materials on hand included in application, 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. After the first progress payment 133 Standard General Conditions of the Construction Contract – 00700 – Page 62 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 which requests payment for materials in storage has been made by the Contractor to the Owner, the Contractor must submit with the following month’s payment request, evidence satisfactory to the Owner that such material has been paid for. Failure to provide this evidence with the first request and subsequent requests will result in withholding from subsequent progress payments the amount in dispute requested for materials in storage in accordance with Paragraph 14.02B. 3. The Owner may retain a portion of the amount otherwise due the Contractor. Except as state law otherwise provides, the amount retained by the Owner shall be as stipulated in the Agreement. In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.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 damages due Owner as liquidated damages or as damages for additional engineering services.. 4. Damages for additional engineering services shall be calculated at the hourly rates indicated in the Bid Form. Liquidated damages and damages for additional engineering services shall be paid by deduction from monthly progress pay estimates and the final pay estimate, as the damages are incurred. 5. Each application for progress payment shall be accompanied by a statement of certification by the Contractor that no claim exists against the Owner or Engineer unless expressly stated otherwise; that the payment claimed represents the actual value of the work accomplished; that the work accomplished and materials supplied are in accordance with the Contract Documents; that the quantities claimed were properly determined; and that all labor provisions have been complied with in full. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and 134 Standard General Conditions of the Construction Contract – 00700 – Page 63 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or 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. 135 Standard General Conditions of the Construction Contract – 00700 – Page 64 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended, including, but not limited to liquidated damages and damages for additional engineering services; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. B. 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 full 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 these General Conditions and the Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. 136 Standard General Conditions of the Construction Contract – 00700 – Page 65 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 137 Standard General Conditions of the Construction Contract – 00700 – Page 66 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. B. 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 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 Article 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. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. After Contractor has remedied all deficiencies to the satisfaction of the Owner and Engineer and delivered all construction records, maintenance and operating instructions, schedules, 138 Standard General Conditions of the Construction Contract – 00700 – Page 67 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.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 Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying 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 139 Standard General Conditions of the Construction Contract – 00700 – Page 68 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 140 Standard General Conditions of the Construction Contract – 00700 – Page 69 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 15.02 Owner May Terminate for Cause A. If the Contractor fails to complete the work required by the Contract Documents, or upon The occurrence of any one or more of the following events, will justify termination the Owner may terminate the Agreement relating to the whole Work or any portion thereof for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when 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 141 Standard General Conditions of the Construction Contract – 00700 – Page 70 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 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 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. 142 Standard General Conditions of the Construction Contract – 00700 – Page 71 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. The business address for giving notices of 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 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 its address at any time by an instrument in writing delivered to Engineer and to the other party. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls 143 Standard General Conditions of the Construction Contract – 00700 – Page 72 of 72 01-11 C-700 Standard General Conditions.doc Revised November 2012 on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 144 Supplementary Conditions - 00810 - Page 1 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc 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, EJCDC C-700 (2007 Edition) All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. Index of Supplementary Conditions to the General Conditions Article or Paragraph No. Title or Subject Matter SC-2.01 Delivery of Bonds and Evidence of Insurance SC-2.07 Initial Acceptance of Schedules SC-3.03.B Resolving Discrepancies SC-4.04 Underground Facilities SC-4.05 Reference Points SC-4.06 Hazardous Environmental Condition at Site - “Technical Data” SC-5.02 Licensed Sureties and Insurers SC-5.04 Contractor’s Liability Insurance SC-5.06 Property Insurance - Purchased by Contractor SC-6.02 Labor; Working Hours SC-6.03 Services, Materials, and Equipment SC-6.06 Concerning Subcontractors, Suppliers and Others SC-6.09 Laws and Regulations SC-6.17 Shop Drawings and Samples SC-9.03 Project Representative SC-11.01.A.5.c Equipment Rental Rates - Use of Blue Book SC-13.03 Tests and Inspections SC-13.07 Correction Period SC-14.02.B Progress Payments- Whole or Partial Payment Refused by Engineer SC-14.02.C Progress Payments – Payment Becomes Due SC-14.02.D Progress Payments - Full Payment Refusal by Owner SC-14.07 A Final Payment Application – Releases and Waivers SC-14.07.B Final Payment - Refusal by Engineer SC-14.07.C Final Payment - Payment Becomes Due SC-17.04 Survival of Obligation - Statutes of Limitations 145 Supplementary Conditions - 00810 - Page 2 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc SC-2.01 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE Add a new paragraph immediately after paragraph 2.01.A of the General Conditions which is to read: B. Engineer shall furnish to Contractor 4 copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, insert executed copies of the required Bonds and Power of Attorney and Certificates 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 who shall promptly deliver one copy to his Surety. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain 2 copies. 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: A. Prior to the first application for payment, all schedules and documents identified in paragraph 2.05.A of these General Conditions shall be finalized and submitted to the Engineer and Owner. Until acceptable schedules are submitted to Engineer and Owner as provided below, Owner may withhold an amount from a progress payment that is sufficient to pay the direct expenses that Owner may reasonably expect will be necessary to correct any problems based on Contractor’s failure to submit acceptable schedules. The progress schedule shall be CPM form or other acceptable format that shows estimated time for each work item, and starting and completion dates for each part of the Work. 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. SC-3.03.B RESOLVING DISCREPANCIES Add a new paragraph immediately after paragraph 3.0.3.B.1.b of the General Conditions which is to read: c. In the event that any provision of the Contract Documents conflicts with another provision of the Contract Documents, the provision in the Contract Documents first listed below shall generally govern except as otherwise specifically stated: 1. Standard Form of Agreement 2. Performance and Payment Bond 3. Addenda to Contract Documents 4. Legal and Procedural Documents: a. Bid or Proposal b. Bid Bond or Proposal Guaranty c. Instructions to Bidders d. Invitation to Bid 146 Supplementary Conditions - 00810 - Page 3 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc 5. Special Provisions 6. Drawings 7. Detailed Specifications Requirements (Technical Specifications) 8. Supplementary Conditions 9. General Conditions SC-4.04 UNDERGROUND FACILITIES Add the following new paragraph immediately after paragraph 4.04.A.2 of the General Conditions: 3. In accordance with MCA 69-4-503, the Contractor shall, before beginning any excavation, notify through a one-call notification center, all owners of underground facilities and coordinate the Work with the owners of such underground facilities. Locators shall provide the locates and mark the locations within 2 business days or respond immediately if the excavator notifies the one-call notification center that an emergency exists. 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-4.05 REFERENCE POINTS Add the following paragraphs immediately after paragraph 4.05.A of the General Conditions which are to read: B. The baselines and benchmarks to be furnished by the Owner are designated on the Drawings. Additional staking furnished by the Owner is listed in the contract documents. If lost or destroyed by the Contractor, the baselines and benchmarks will be re-established by the Engineer. The cost of re-establishing disturbed baselines or benchmarks shall be calculated at the hourly rates specified in the Bid Form for unscheduled employment of the Engineer. Payment for such work shall be made by deduction from the monthly progress payments and the final payment as the costs are incurred. C. All other staking required by the Contractor to complete the work, including line and/or grade stakes, slope stakes, bluetops, etc., shall be provided by the Contractor. D. Construction surveys shall be done under the direction of a Registered Professional Engineer or Land Surveyor experienced in construction layout work. E. The Contractor shall notify the Engineer of any discrepancies between plan locations and verified field locations or dimensions. All connections of new facilities to existing facilities (pavement, pipe and duct inverts, and other critical horizontal or vertical dimensions) shall be verified by the Contractor prior to starting 147 Supplementary Conditions - 00810 - Page 4 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc construction. Any differences between the plans and field construction surveys will be resolved by the Engineer. F. When required, the Contractor shall provide a survey crew during normal working hours to assist the Engineer in checking lines and elevations in the Contractor’s layout and for measuring quantities for payment purposes as the work proceeds. The Contractor shall cooperate with the Engineer so that the checking and measuring may be accomplished with the least interference to the Contractor’s operations. SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE - “TECHNICAL DATA” Delete Paragraph 4.06.A and 4.06.B in the General Conditions in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions are known to the Owner or Engineer.” SC-5.02 LICENSED SURETIES AND INSURERS Add the following immediately after paragraph 5.02.A of the General Conditions: B. 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 the project location, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner, the Engineer, the Engineer’s Consultants, and the respective directors, officers, partners, agents, employees and other consultants and subcontractors of each and any of all such additional insureds from claims for bodily injury (including sickness, disease and mental anguish), death, and 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 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverages 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 Modify paragraph 5.04.B.5 as follows: Remain in effect for a period of at least two years following final payment and at all times thereafter when the Contractor my be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07. 148 Supplementary Conditions - 00810 - Page 5 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc Add the following new paragraph immediately after paragraph 5.04.B of the General Conditions: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverages for not less than the following amounts or greater where required by Law or Regulations: 1.Workers' Compensation and Related Coverages under Paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: a. State Statutory b. Applicable Federal (e.g. Longshoremens) Statutory c. Employer's Liability $500,000.00 2.General Liability: Contractor's General Liability Insurance under paragraphs 5.04.A.3 through 5.04.A.6 of the General Conditions, which shall include a Commercial General Liability insurance policy based on Insurance Services Office (ISO) Form CG 00 01 12 07 or its equivalent,. The coverage shall be based on an occurrence form and shall include, but not be limited to , coverage for Premises/Operations, Products/Completed Operations, Personal and Advertising Injury, Subcontractors, and Liability assumed under an insured contract. There shall be no endorsement or modification of the Commercial General Liability policy form that modifies the standard general liability policy arising from pollution, explosion, collapse, underground property damage, subsidence, or work performed by subcontractors. The General Aggregate Limit shall apply separately to each of the Contractor’s projects per Form CG 2501, CG 2503, or equivalent. a. GENERAL AGGREGATE $3,000,000.00 b. Products - Completed Operations Aggregate $3,000,000.00 c. Personal and Advertising Injury (Each Occurrence) $3,000,000.00 d. Bodily Injury and Property Damage (Each Occurrence) $1,000,000.00 e. Coverage will include: 1. Premises – Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 149 Supplementary Conditions - 00810 - Page 6 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc 5. Products and Completed Operations 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3.Automobile Liability under paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $ 1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to include: 1. All Owned 2. Hired 3. Non-Owned 4.OWNERS and CONTRACTORS Protective Policy - Purchased By CONTRACTOR: In addition to the insurance required to be provided by Contractor under paragraph 5.04.A.1 through 5.04.A.6 inclusive, Contractor shall purchase and maintain a separate Owners and Contractors Protective Policy (OCP) to protect Owner against claims which may arise from operations under the Contract Documents, with limits of liability as specified below. This liability insurance shall include as additional insureds the Engineer and the Engineer’s Consultants, and include coverage for the respective directors, officers, partners, employees, agents and other consultants and subcontractors of all such additional insureds. a. General Aggregate $3,000,000.00 b. Each Occurrence $1,000,000.00 (Bodily Injury and Property Damage) The OCP policy shall remain in effect until completion of the project and final payment is made to the Contractor and all times thereafter when the Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07 of the General Conditions. 150 Supplementary Conditions - 00810 - Page 7 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc The insurance policy will contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least forty-five (45) days prior written notice has been given to Owner and to each other additional insured (and the certificates of insurance furnished to Owner and each other additional insured will so provide). 5.Additional Insureds: a. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6, inclusive, include the following as additional insureds. Use the following Additional Insured Endorsements: ENTITY FORM Owner -City of Bozeman use Additional Insured Endorsements CG2010 and CG2037 Additional insured must include On-going Operations as well as Completed Operations. Engineer - Morrison Maierle, Inc use Additional Insured Endorsement CG2032 b. With respect to the Owner’s and Contractor’s Protective Policy (OCP) insurance required by paragraph SC-5.04.C.5, include the following as additional insureds. Use the following Additional Insured Endorsement: ENTITY FORM Engineer - Morrison Maierle, Inc use Additional Insured Endorsement; CG2031 SC-5.06 PROPERTY INSURANCE - PURCHASED BY CONTRACTOR A. With respect to the Contractor’s property insurance coverage required by paragraph 5.06.A of the General Conditions, include the following as an insured or additional insured: OWNER: City of Bozeman SUBCONTRACTORS: All Tiers (Contractor to list Subcontractors) ENGINEER: Morrison-Maierle, Inc. B. Deductible may not exceed $10,000 unless approved by appropriate Change Order. SC-6.02 LABOR; WORKING HOURS Add the following new paragraphs immediately after paragraph 6.02.B of the General Conditions: C. Working hours for the Contractor shall be limited to the hours between 151 Supplementary Conditions - 00810 - Page 8 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc 7:00 a.m. and 7:00 p.m. and shall not exceed 10 hours per day with authorized overtime. With Owner and Engineer approval the Contractor may work a four day, ten hour per day work week. The Contractor must notify the Owner and Engineer in writing three (3) days in advance of his intention to work during other periods to allow assignment of additional inspection personnel when they are reasonably available. Emergency work may be done without prior permission. D. If a resident project representative is reasonably available, the Engineer may authorize the Contractor to perform work during periods other than normal working hours and/or days. The cost of this inspection will be calculated at the hourly rate specified in the Bid Form for unscheduled employment of the Engineer and will be deducted from the monthly progress payments and final payment as the costs are incurred. SC-6.03 SERVICES, MATERIALS, AND EQUIPMENT Add the following paragraphs immediately after paragraph 6.03.C of the General Conditions which are to read as follows: D. To ensure standardization and uniformity in all parts of the work under this Contract, like items of equipment shall be the products of one manufacturer. Like items of certain materials shall be the products of one manufacturer. E. Uniformity in like equipment items is required in order to provide the Owner with interchangeability capabilities, simplified spare parts inventory, and standardized maintenance programs and manufacturer’s services. F. Uniformity in certain like material items is required in order to provide the Owner with a simplified spare materials inventory, continuity in patterns, color, and texture; and a standardized procedure for maintenance care and manufacturer’s services. G. Visible architectural items such as exterior finishes, floor and wall covering, ceiling materials, doors, windows, cabinetwork, paint, and miscellaneous appurtenances, when specified alike shall be standardized. H. Generally, material items exempt from standardization include structural steel, reinforcing steel, building insulation, roofing materials, sheet metal, materials specified only by reference to a recognized standard, and items hidden from view where interchangeability, color, and texture is not a significant factor for standardization. I. The Contractor shall inform his suppliers and subcontractors of these requirements, and shall provide the necessary coordination to accomplish the standardization specified. SC-6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS The following provisions supplement paragraphs 6.06.A and 6.06.B of the General Conditions and paragraph 12.01 of the Instructions to Bidders: 152 Supplementary Conditions - 00810 - Page 9 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc A. The Contractor shall not sublet any part of the work embraced within this contract without the consent of the Owner, and the Owner reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory, the right to be engaged in or employed upon any part of the work. The amount of the work sublet on this project shall not exceed [Insert percent for total contract, schedules, etc.]. B. In accordance with Instruction to Bidders, paragraph 12.01, all Bidders shall submit a list of all Subcontractors, Suppliers, or other persons or organizations (including those who are to furnish the principal items of materials and equipment) with their bid to the Owner. An experience statement with pertinent information as to similar projects and other evidence of qualification for each named Subcontractor, Supplier and other persons or organizations shall be furnished. Acceptance and substitution of proposed Subcontractors, Suppliers, or other persons or organization prior to Notice of Award is governed by Instructions to Bidders paragraph 12.01. The Contractor may not change Subcontractors, Suppliers, or other persons and organizations accepted by Owner prior to the Notice of Award without the written permission of the Owner. C. Revocation of Subcontractor, Supplier, or other persons or organizations acceptance after the Effective Date of the Agreement is governed by General Condition 6.06.B. SC-6.09 LAWS AND REGULATIONS Add the following after paragraph 6.09.C of the General Conditions: D. The Contractor shall give preference to Montana residents pursuant to Section 18-2-403 MCA, for that portion of the work performed in the State of Montana. The provisions of Section 18-2-409, MCA requires 50 percent of the workers on the project to be Montana residents. SC-6.17 SHOP DRAWINGS AND SAMPLES Add the following paragraphs immediately after paragraph 6.17.E of the General Conditions: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time. G. In the event that Contractor requests a substitution for a previously approved item, Contractor shall reimburse Owner for Engineer’s charges for such time unless the need for such substitution is beyond the control of Contractor. SC-9.03 PROJECT REPRESENTATIVE Add the following new paragraphs immediately after Paragraph 9.03A: 153 Supplementary Conditions - 00810 - Page 10 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc B. The Resident Project Representative (RPR) will be Engineer's employee or agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall be through or with the full knowledge and approval of Contractor. The RPR shall: 1.Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 2.Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3.Liaison: a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s authorized representative, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 4.Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 5.Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. 6.Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 7.Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 154 Supplementary Conditions - 00810 - Page 11 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 8. Inspections, Tests, and System Startups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 9.Records: a. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. b. Maintain records for use in preparing Project documentation. 10.Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Hazardous Environmental Condition. 11.Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 12.Certificates, Operation and Maintenance Manuals: During the course of the 155 Supplementary Conditions - 00810 - Page 12 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 13.Completion: a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor’s superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. SC-11.01.A.5.c. EQUIPMENT RENTAL RATES - USE OF BLUE BOOK 156 Supplementary Conditions - 00810 - Page 13 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc 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 cost for the use of all construction equipment and machinery and parts thereof whether owned by the Contractor or rented by others shall be calculated as follows. Cost 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 may be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to GC-2.05.A.4 and GC- 2.07.A, 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 percent 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 equipment rental rates will be negotiated prior to the work being performed. 4. Use of Blue Book rates, and review and approval of equipment rates associated with equipment lists submitted according to GC-2.05.A.4 and GC-2.07.A shall not extend to the settlement of any claim submitted under GC-10.05 and GC-12.01. In claim settlements, actual costs are recoverable, not blue book rates or rates approved with submittals of schedules of value or equipment lists. SC-13.03 TESTS AND INSPECTIONS Replace paragraph 13.03.B of the General Conditions with the following: B. All quality control and compliance testing of work accomplished will be performed by the Contractor, or designated representative, where specified at no additional cost to the Owner. Where the specifications state that certain tests will be performed by the Owner, these tests will be done at no cost to the Contractor except all tests for work or materials that fail to meet specified requirements shall be borne by the Contractor and shall be deducted from his progress payments. Where the specifications require that certain materials are to be tested for suitability or in final position by the Contractor, the Contractor shall provide at his own expense by retaining the services of a certified independent testing laboratory. The Engineer will direct 157 Supplementary Conditions - 00810 - Page 14 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc where and when tests are performed. SC-13.07 CORRECTION PERIOD If work is accepted by the Owner, then the Correction Period shall be two (2) years from the date of acceptance. If work is NOT accepted by the Owner, then the Correction Period shall be two (2) years from the date the corrected work receives acceptance from the Owner. SC-14.02.B PROGRESS PAYMENTS – WHOLE OR PARTIAL PAYMENT REFUSAL BY ENGINEER Add the following paragraph 14.02.B.6 to the General Conditions: 6. Engineer may also refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, there exists: a. Unsatisfactory progress of the Work; b. Failure to remedy defective Work or materials; c. Disputed Work or materials; d. Failure to comply with material provisions of the Contract Documents; e. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; f. Damage to the Owner; or g. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. SC-14.02.C PROGRESS PAYMENTS – 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 within twenty-one (21) days after Contractor has submitted the application. Within fourteen (14) days after approving all or part of the application, the Owner will pay for the work approved (subject to the provisions of Paragraph 14.02.D of the General Conditions). SC-14.02.D PROGRESS PAYMENTS - FULL PAYMENT REFUSAL BY OWNER 158 Supplementary Conditions - 00810 - Page 15 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc Add the following paragraph 14.02.D.1.e to the General Conditions: e. there exists: i. Unsatisfactory progress of the Work; ii. Failure to remedy defective Work or materials; iii. Disputed Work or materials; iv. Failure to comply with material provisions of the Contract Documents. v. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; vi. Damage to the Owner; or vii. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. Delete Paragraph 14.02.D.2 of the General Conditions in its entirety and replace it with the following: 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor written notice (with a copy to Engineer) within twenty-one (21) days of actual receipt of the Application for Payment by Engineer, stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner may only withhold an amount from a payment that is sufficient to pay the direct expenses that the Owner may reasonably expect will be necessary to correct any problems created by the items listed in Paragraph 14.02.D.1. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner’s satisfaction the reasons for such action. SC-14.07. A FINAL PAYMENT APPLICATION – RELEASES AND WAIVERS Delete Paragraphs 14.07.A.2.d and 14.07.A.3 of the General Conditions in their entirety and replace them with the following Paragraphs 14.07.A.2.d and 14.07.A.2.e: d. all releases and waivers for obligations for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work. e. an affidavit of Contractor certifying and warranting to Owner that all obligations for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work will be fully paid and satisfied on receipt of final payment, and agreeing that the Contractor will defend, indemnify, hold harmless and defend Owner against any and all claims, liabilities, demands, liens, damages and expenses for any obligation or asserted obligation for labor, 159 Supplementary Conditions - 00810 - Page 16 of 16 01-12 C-800 Supplementary Conditions to the General Conditions.doc equipment, materials, subcontracts, taxes, fees, professional services, rent and royalties arising out of or related to the Work. SC-14.07.B FINAL PAYMENT - REFUSAL BY ENGINEER Add the following to the end of Paragraph 14.07.B.1 of the General Conditions: Engineer may refuse to recommend final payment if, in Engineer’s opinion, there exists: a. Unsatisfactory progress of the Work; b. Failure to remedy defective Work or materials; c. Disputed Work or materials; e. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; f. Damage to the Owner; or g. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price. SC-14.07.C FINAL PAYMENT - PAYMENT BECOMES DUE Delete Paragraph 14.07.C.1 of the General Conditions in its entirety and replace it with the following: 1. Thirty (30) days after the Engineer actually receives the final Application for Payment and accompanying documentation, the amount recommended by Engineer (subject to the provisions of Paragraphs 14.02A, 14.02.D and 14.07.B of these General Conditions), will become due, and when due will be paid by Owner to Contractor within twenty-one (21) days. SC-17.04 SURVIVAL OF OBLIGATIONS - STATUTES OF LIMITATIONS Add the following new paragraph immediately after 17.04.A of the General Conditions: B. Causes of action between the parties or the Engineer pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run in any and all events not later than the date of final payment to the Contractor. The Contractor shall include this provision in all contracts he enters into with subcontractors, consultants and suppliers who provide any work, products or services for this project. END OF SECTION 00810 160 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS 00910 - Page 1 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\00_Division 0\01-13 00910 Special Provisions.doc PART 1 GENERAL 1.01 DESCRIPTION A.The following Special Provisions are hereby made a part of this contract and shall supplement and/or supersede any articles of these specifications in conflict therewith. B.Any subsequent addenda issued after these specifications have been prepared shall supplement and/or supersede any articles of these specifications. 1.02 STANDARD SPECIFICATIONS A.It is the intent of these Contract Documents to use The Montana Public Works Standard Specifications, Sixth Edition April 2010, including all addendums, hereinafter referred to as the MPW Standard Specifications (MPWSS), the City of Bozeman Standard Modifications, including all addendums hereinafter referred to as the Standard Modifications, are hereby incorporated by reference and are as much a part of these Contract Documents as if bound herein. It is the intent for MPWSS to control the progress of work and procedural elements associated with the work including, but not limited to, Contract Change Orders, Progress Payments, Authority of the Engineer, Contract Times, etc. B.Section 00915, titled ELECTRICAL SPECIAL PROVISIONS are hereby incorporated and bound herein. C.The plans for these improvements, and the specifications accompanying them, are intended to be mutually cooperative, and anything shown or called for in the one and omitted in the other, is as binding as if called for, or shown by both. Any work not herein specified, which may be fairly implied as included in this improvement, shall be done by the Contractor without extra compensation. D.If a discrepancy exists, calculated dimensions, unless obviously incorrect, will govern over scaled dimensions; plans will govern over standard specifications and standard drawings; special provisions will govern over standard specifications, standard modifications, supplemental specifications, plans and standard drawings. 1.03 INTENT A.The intent of the plans and specifications is to provide for a complete project. No separate payment will be made for items not specifically called out in the Bid Form. Any such work shall be incidental to other items of 161 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS 00910 - Page 2 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\00_Division 0\01-13 00910 Special Provisions.doc work and shall be included in the unit price bid for related items of work. B.The inclusion of the special considerations is intended to be of assistance to the Contractor and does not preclude the presence of non-listed items. 1.04 CONTRACTOR USE OF PREMISES The Contractor’s operations shall be confined within the public right-of-way. Materials and equipment shall be stored on the project site where approved by the Owner. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the Contractor and that no claim shall be made against the Owner by reason of any act of an employee or trespasser. 1.05 PERMITS The Contractor shall be responsible for obtaining all permits necessary for the completion of this work. The costs for all permits shall be considered incidental to construction and shall be included in the price bid for related items of work. 1.06 COORDINATION WITH OTHER CONTRACTORS The Contractor’s work on this project shall be coordinated with the work of Subcontractors and other Contractors, inclusive of private and public utility agencies or their authorized agents, in the area to assure orderly completion of the work and to maintain safe conditions with reasonable traffic flow. The costs resulting from such coordination shall be considered incidental to construction and shall be included in the price bid for related items of work. 1.07 USE OF WATER A.Contractor shall not use property owner’s water or hoses without property owner’s written permission. 1.08 WARRANTY Prior to expiration of the two-year correction period, the Engineer will inspect the project to determine whether corrective work is required. The Engineer will notify the Contractor in writing if corrective work is required and Contractor shall, within ten (10) days of receipt of notification or such longer time as may be set forth in the notice, commence correction of the defective work without cost to Owner. 1.09 SUPERVISION Contractor shall keep a competent project superintendent on the work site at all times during its progress, who shall not be replaced without written notice, except under 162 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS 00910 - Page 3 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\00_Division 0\01-13 00910 Special Provisions.doc extraordinary circumstances. The project superintendent shall supervise 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. 1.10 LABOR Contractor shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. Contractor shall, at all times, maintain good discipline and order at the site. 1.11 MAINTENANCE DURING CONSTRUCTION A.The Contractor shall otherwise maintain the work during construction and until the work is accepted. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times. B.All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 1.12 FAILURE TO MAINTAIN THE WORK A.Should the Contractor at any time fail to maintain the work as provided in the subsection titled “Maintenance During Construction” of this section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. B.Should the Contractor fail to respond to the Engineer's notification, the Owner may carry out any work necessary for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the owner, shall be deducted from monies due or to become due the Contractor. 1.13 PROPERTY DAMAGE A.Keep all construction equipment from entering private property (driveways, etc.). Any damage caused by the Contractor or his agents shall be corrected by, and the costs thereof paid in full by the Contractor. B.The existing street surfaces may not be adequate to support the heavy 163 BIDDING REQUIREMENTS, CONTRACT FORMS, SECTION 00910 AND CONDITIONS OF THE CONTRACT SPECIAL PROVISIONS 00910 - Page 4 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\00_Division 0\01-13 00910 Special Provisions.doc equipment associated with the construction work. The intent of this requirement is to maintain the integrity of the existing improvements to the extent possible. The Contractor shall cooperate with the Owner and Engineer in an effort to limit damage to the existing roadway. 1.14 PROJECT SAFETY Contractor is solely responsible for project safety and adherence to OSHA and other applicable safety standards. 1.15 LANDSCAPING/LANDSCAPE RESTORATION A.Contractor is responsible for restoring all disturbed areas (concrete, asphalt, utilities, grading, sod, irrigation, etc) to equal or better condition than prior to disturbance as determined by the Owner and/or Engineer. B.Turf areas shall be prepped with a minimum of 6” of topsoil, free of lumps, gravel or other undesirable material. C.Turf areas shall be restored with a locally sourced drought tolerant fescue sod blend and placed within 1 day of cutting. Contractor shall coordinate watering so that sod remains moist for a minimum period of 2 weeks, or until grass has rooted into underlying soil. D.Perform sodding when the temperature and moisture are favorable for grasses to take root. Sod preferably before June 1st and after October 1st. E.Protect all restored areas from traffic/pedestrian uses. F.Replace any areas where restoration has failed due to construction activities. The contract warranty period applies to this item. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 00910 164 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\00_Division 0\01-14 MT Prevailing Wages COVER.doc WAGE RATE SCHEDULES MINIMUM WAGE RATES TO BE USED FOR THE BOZEMAN CREEK ICE PREVENTION WELL FOR CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC. PROJECT NO. 0417.092 SECTION INCLUDES: 1. Montana Prevailing Wage Rates for Highway Construction Services, January 14, 2023. 165 Miscellaneous Forms - Page 1 of 1 22 Misc Forms Index.doc Revised July 25, 2011 MISCELLANEOUS FORMS The following miscellaneous forms are provided for the CONTRACTOR’s information. They will be used by the ENGINEER and OWNER in the administration of the construction contract. MISCELLANEOUS FORMS NOTICE OF AWARD NOTICE TO PROCEED CHANGE ORDER FIELD ORDER WORK CHANGE DIRECTIVE ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK APPLICATION FOR PAYMENT FORM 1 APPLICATION FOR PAYMENT FORM 2 CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE SUBCONTRACTOR RELEASE SURETY’S CONSENT TO FINAL PAYMENT 166 Notice of Award – Page 1 of 1 EJCDC C-510 Prepared by the Engineers Joint Contract Documents Committee 23 Notice of Award.doc Revised January 2010 Notice of Award Dated 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 . The Contract Price of your Contract is Dollars ($ ).     copies of each 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 fifteen 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), [and] General Conditions (Paragraphs 2.01 and 5.01) [and Supplementary Conditions (Paragraph SC-2.01).] 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 fifteen days after you comply with the above conditions, Owner will return to you two fully executed counterparts of the Contract Documents. Owner By: Authorized Signature Title Copy to Engineer Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Bidder: Bidder's Address: (send Certified Mail, Return Receipt Requested): 167 Notice to Proceed – Page 1 of 1 EJCDC-550 Prepared by the Engineers Joint Contract Documents Committee 24 Notice to Proceed.doc Notice to Proceed Dated 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]: Contractor Owner Received by:Given by: Authorized Signature Title Title Date Date Copy to Engineer Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] 168 Page 1 of 2 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\01_Forms\25 COB Change Order Form.doc CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE:CHANGE IN CONTRACT TIMES: Original Contract Price $ Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net Increase (Decrease) from previous Change Orders No. to : $ Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days) Contract Price prior to this Change Order: $ Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) of this Change Order: $ Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Price with all approved Change Orders: $ Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. 169 Page 2 of 2 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\01_Forms\25 COB Change Order Form.doc CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. 170 Field Order – Page 1 of 1 26 Field Order.doc Revised January 2010 Field Order No.      Copy to Owner 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 9.04A., 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: 171 Work Change Directive – Page 1 of 1 27 Work Change Directive.doc Revised January 2010 Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: You are directed to proceed promptly with the following change(s): Item No.Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Non-agreement 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 If the change involves an increase, the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer:Date Authorized for Owner by:Date Accepted for Contractor by:Date Approved by Funding Agency (if applicable):Date: 172 Order to Contractor to Suspend Work – Page 1 of 1 28 Suspend Work.doc Revised January 2010 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: OWNER: which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on . You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will will not continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. PROJECT AND LOCATION: By reason of 173 Order to Contractor to Resume Work – Page 1 of 1 29 Resume Work.doc Revised January 2010 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: OWNER: The Suspend Work Order, dated , directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective . Under the terms of your contract for this project, Contract Time was was not charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective, calendar days of Contract Time remain. The (revised) contract completion date is 20  . Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. PROJECT AND LOCATION: 174 Form 1 - Application for Payment C-620 – Page 1 of 3 30 App Payment 1.doc Revised January 2010 APPLICATION FOR PAYMENT (Project Cost Estimate)Page 1 of 2 pages 1. Owner’s Name and Address: 5. Project Number: 2. Official Name and Location of Project: 6. Application No. 7. Period Ending: 8. Date Prepared: 9. Percent Complete:      3. Contractor’s Name and Address: 10. M-M No. 11. Orig. Contract Amount 4. Description of Work: 12. Contract Time: 13. Dates 14. No. Days Contractor is A. Work to Start: B. Work Started: C. Completion Due: D. Est. or Act. Comp: 15. Breakdown of Application for Payment Ahead: In Arrears: Original Proposal Revised Work Performed to DateITEM NO.DESCRIPTION OF WORK QNTY UNIT UNIT PRICE AMOUNT QNTY AMOUNT QNTY AMOUNT %                                                                                                          16. CONTRACTOR’S Certification: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment number 1 through ___ inclusive; (2) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien, claim, security interests or encumbrance) (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents; and (4) there are no claims for extra work, delays, omitted items or of any nature against the OWNER or ENGINEER not set forth herein unless expressly stated otherwise in this Application for Payment. DATE:CONTRACTOR: TITLE:SIGNATURE: 17. Payment of Amount Due CONTRACTOR (Page ___) is recommended. DATE:ENGINEER: Morrison-Maierle, Inc. TITLE:SIGNATURE: 175 Form 1 - Application for Payment C-620 – Page 2 of 3 30 App Payment 1.doc Revised January 2010 APPLICATION FOR PAYMENT (Periodic Cost Estimate) (Continuation Sheet) Page 2 of 2 pages 1. Owner’s Name: Official Name of Project: 5. Project Number: 15. Breakdown of Application for Payment 6. Application No. COMPLETED TO DATE, ORIGINAL CONTRACT ITEMS COMPLETED TO DATE, CHANGE ORDERS PLUS MATERIALS ON SITE TOTAL COMPLETED TO DATE LESS DEDUCTIONS (1) Retained (5%) (2) Liquidated Damages (3) Retesting TOTAL AMOUNT DEDUCTED TOTAL AMOUNT EARNED TO DATE LESS PREVIOUS PAYMENTS NET AMOUNT DUE THIS ESTIMATE 1% STATE TAX (withheld this estimate) NET AMOUNT DUE CONTRACTOR ACCOMPANYING DOCUMENTATION: 176 Form 1 - Application for Payment C-620 – Page 3 of 3 30 App Payment 1.doc Revised January 2010 APPLICATION FOR PAYMENT INSTRUCTIONS A. GENERAL INFORMATION The sample form of Schedule of Values is intended as a guide only. Many projects require a more extensive form with space for numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of materials and equipment stored at the site and other information. It is expected that a separate form will be developed by Engineer and Contractor at the time Contractor’s Schedule of Values is finalized. Note also that the format for retainage must be changed if the Contract permits (or the law provides), and Contractor elects to deposit securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payment to Contractor. B. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.05.A.3 and 2.07.A.3 of the General Conditions should be reproduced as appropriate in the space indicated on the Application for Payment form. Note that the cost of materials and equipment is often listed separately from the cost of installation. Also, note that each Unit Price is deemed to include Contractor’s overhead and profit. All Change Orders affecting the Contract Price should be identified and included in the Schedule of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the form. C. LEGAL REVIEW All accompanying documentation of a legal nature, such as Lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner. 177 Form 2 - Application for Payment C-620 EJCDC C-620 Contractor's Application for Payment© 2010 National Society of Professional Engineers for EJCDC. All rights reserved.Page 1 of 4 Contractor's Application for Payment No. Application Period:Application Date: To (Owner):From (Contractor):Via (Engineer): Project:Contract: Owner's Contract No.:Contractor's Project No.:Engineer's Project No.: Application For Payment Change Order Summary Approved Change Orders 1. ORIGINAL CONTRACT PRICE...........................................................................$ Number Additions Deductions 2. Net change by Change Orders......................................................................................$ 3. Current Contract Price (Line 1 ± 2)................................................................................................$ 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate).............................................................................................................$ 5. RETAINAGE: a.X Work Completed..............................................$ b.X Stored Material..............................................$ c.Total Retainage (Line 5a + Line 5b).........................................................................................................................................$ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c)....................................................................................................................$ TOTALS 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application).........................................................................................................$ NET CHANGE BY 8. SUBTOTAL………………………………………………………………….$ CHANGE ORDERS 9. LESS 1% STATE GROSS RECEIPT TAX………………………………..$ 10. AMOUNT DUE THIS APPLICATION....................................................................................................................................$ 11. BALANCE TO FINISH, PLUS RETAINAGE Contractor's Certification (Column G on Progress Estimate + Line 5 above)............................................$ Payment of:$ (Line 10 or other - attach explanation of the other amount) is recommended by: (Engineer)(Date) Payment of:$ (Line 10 or other - attach explanation of the other amount) is approved by: (Owner)(Date) By:Date: Approved by: Funding Agency (if applicable)(Date) The undersigned Contractor certifies that to the best of its knowledge: (1) all previous progresspayments received from Owner on account of Work done under the Contract have been applied onaccount to discharge Contractor's legitimate obligations incurred in connection with Work coveredby prior Applications for Payment; (2) title of all Work, materials and equipment incorporated insaid Work or otherwise listed in or covered by this Application for Payment will pass to Owner attime of payment free and clear of all Liens, security interests and encumbrances (except such as arecovered by a Bond acceptable to Owner indemnifying Owner against any such Liens, securityinterest or encumbrances); and (3) all Work covered by this Application for Payment is inaccordance with the Contract Documents and is not defective. 178 Form 2 - Application for Payment C-620EJCDC C-620 Contractor's Application for Payment© 2010 National Society of Professional Engineers for EJCDC. All rights reserved.Page 2 of 4 Progress Estimate - Lump Sum Work Contractor's Application For (Contract):Application Number: Application Period:Application Date: B Work Completed E F G A C D Materials Presently Total Completed %(F) B Balance to Finish Item No.Description Scheduled Value ($) (B1 x B2) From Previous Application (C+D)This Period Stored (not in C or D) and Stored to Date (B - F) (C + D + E) $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - Change Order quantity/completion tracking can be added $ -$ -$ -$ -$ -$ - on last page to be shown as work completed but not added $ -$ -$ -$ -$ -$ - to the contract amount, as that comes from page 1 (Summary).$ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - $ -$ -$ -$ -$ -$ - Totals $ -$ -$ -$ -$ -$ - 179 Form 2 - Application for Payment C-620EJCDC C-620 Contractor's Application for Payment© 2010 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 4 Progress Estimate - Unit Price Work Contractor's Application For (Contract):Application Number: Application Period:Application Date: A B C D E F Item Bid Item Quantity Unit Price Bid Item Value ($) Estimated Quantity Installed Value of Work Installed to Date Materials Presently Stored (not in C) Total Completed and Stored to Date (D + E) % (F) B Balance to Finish (B - F)Bid Item No.Description Change Order quantity/completion tracking can be added on last page to be shown as work completed but not added to the contract amount, as that comes from page 1 (Summary). Totals 180 Form 2 - Application for Payment C-620EJCDC C-620 Contractor's Application for Payment© 2010 National Society of Professional Engineers for EJCDC. All rights reserved.Page 4 of 4 Stored Material Summary Contractor's Application For (Contract):Application Number: Application Period:Application Date: A B C D E Subtotal AmountCompleted and Stored to Date (D + E) F G Bid Item No. Supplier Invoice No. Submittal No.(with Specification Section No.) Storage Location Description of Materials or Equpment Stored Stored Previously Amount Stored this Month ($) Incorporated in Work MaterialsRemaining in Storage ($) (D + E - F) Date Placed into Storage (Month/Year) Amount ($) Date (Month/ Year) Amount ($) Totals 181 Engineers Joint Documents Committee Design and Construction Related Documents Instructions and License Agreement Instructions Before you use any EJCDC document: 1. Read the License Agreement. You agree to it and are bound by its terms when you use the EJCDC document. 2. Make sure that you have the correct version for your software. How to Use: 1. 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In no event will EJCDC be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use EJCDC Design and Construction Related Documents even if EJCDC has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. General: You may not sublicense, assign, or transfer this license except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. This Agreement shall be governed by the laws of the State of Virginia. Should you have any questions concerning this Agreement, you may contact EJCDC by writing to: Arthur Schwartz, Esq. General Counsel National Society of Professional Engineers 1420 King Street Alexandria, VA 22314 Phone: (703) 684-2845 Fax: (703) 836-4875 e-mail: aschwartz@nspe.org You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement. 183 Certificate of Substantial Completion – Page 1 of 1 EJCDC C-625 Prepared by the Engineers Joint Contract Documents Committee 32 Susbstantial Completion.doc Revised November 2012 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: All Work under the Contract Documents: The following specified portions: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all- inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date 184 Contractor’s Certificate and Release – Page 1 of 3 33 Contractors Cert and Release.docx Revised May 2011 CONTRACTOR’S CERTIFICATE AND RELEASE FROM: (Contractor) TO: REFERENCE CONTRACT NUMBER entered into the      day of , 20  , between (Owner) and (Contractor) of (City, State) for the purpose of (Type of Operation) within the (Limits of the City of {Project Location}) KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the [Insert Owner's Name] to the Contractor under the Contract and duly approved Change Orders and modifications the balance of $ . 2. The undersigned further certifies that in addition to the amount set forth in Paragraph I, there are outstanding and unsettled the following items which he claims are just and due owing by the . (Owner) (a) (b) (c) (d) (Itemize claims and amounts due. If none, so state) 185 Contractor’s Certificate and Release – Page 2 of 3 33 Contractors Cert and Release.docx Revised May 2011 3. The undersigned further certifies that all work required under this Contract including work required under Change Orders numbered: , , , and , has been performed in accordance with the terms thereof, and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract, and that the wage rates paid by the Contractor and all Subcontractors were in conformity with the Contract provisions relating to said wage rates. 4. Except for the amounts stated under Paragraphs I and II hereof, the undersigned has received from the [Insert Owner's Name] all sums of money payable to the undersigned under or pursuant to the above-mentioned Contract or any modification or change thereof. 5. That in consideration of the payment of the amount stated in Paragraph I hereof the undersigned does hereby release the [Insert Owner's Name] from any and all claims arising under or by virtue of this Contract, except the amount listed in Paragraph II hereof, provided, however, that if for any reason the [Insert Owner's Name] does not pay in full the amount stated in Paragraph I hereof, said deduction shall be automatically included under Paragraph II as an amount which the Contractor has not released but will release the [Insert Owner's Name] from any and all claims of any nature whatsoever arising out of said Contract or modification thereof, and will execute such further releases or assurances as the [Insert Owner's Name] may request. Further, in consideration of the payment of the amount stated in Paragraph I hereof, the undersigned agrees to hold the [Insert Owner's Name] harmless from any and all costs, liability or expense of any kind in any way arising out of the contract referenced herein, or any subcontracts awarded pursuant thereto. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this day of , 20 . (Contractor) (Signature) (Title) , being first duly sworn on oath, deposes and says, first, that He is the of the (Title)(Name of Company) 186 Contractor’s Certificate and Release – Page 3 of 3 33 Contractors Cert and Release.docx Revised May 2011 second, that he has read the foregoing certificate by him subscribed as (Title) of the (Name of Company) Affiant further states that the matters and things stated therein are, to the best of his knowledge and belief, true. (Signature) Subscribed and sworn to before me this , day of , 20 . My commission expires (Notary) 187 34 Subcontractor Release.doc Revised January 2010 SUBCONTRACTOR/SUPPLIER CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (Subcontractor, materialman, suppliers, manufacturers and dealers to Prime Contractor) Upon receipt by the undersigned of checks from [Prime Contractor], in the sum of $ payable to [sub-contractor/supplier] and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic’s lien, stop notice, right the undersigned and its subcontractor, materialman, suppliers, manufacturers and dealers for all labor, equipment and material used or furnished by each on the work on the job for [project owner] located at [project description and location] to the following extent: This release covers final payment for labor, services, equipment, or materials furnished to [project owner] through [date] only and does not cover any items furnished after said date, nor disputed claims for additional work in the amount of $ . Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Address: Subcontractor/Supplier Signature Subcontractor/Supplier Typed Name/Title Date of Signature 188 Consent of Surety Company to Final Payment - Page 1 of 1 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\01_Forms\35 01027 Consent.doc 10/31/23 CONSENT OF OWNER  SURETY COMPANY ARCHITECT  TO FINAL PAYMENT CONTRACTOR  AIA DOCUMENT G707 SURETY  OTHER PROJECT: (name, address) TO (Owner) ┌ ┑ARCHITECT'S PROJECT NO: CONTRACT FOR: └ ┘CONTRACT DATE: CONTRACTOR: In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) , SURETY COMPANY, on bond of (here insert name and address of Contractor) , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) , OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 . ____________________________________ Surety Company ____________________________________ Signature of Authorized Representative Attest: (Seal):____________________________________ Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 ٠ CONSENT OF SURETY COMPANY TO FINAL PAYMENT ٠ APRIL 1970 EDITION ٠ AIA® ONE PAGE ©1970 ٠ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 189 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK 01010 - Page 1 of 6 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01010.doc 10/31/23 PART 1 GENERAL 1.01 GENERAL A.This section describes the project and the work to be performed under this Contract in a general summary. Detailed requirements and extent of work are stated in applicable Specification. 1.02 ORGANIZATION AND INTERPRETATION OF CONTRACT DOCUMENTS A.Specifications and Drawings which may be included in these Contract Documents, establish the performance quality requirements, location and general arrangement of materials and equipment, and establish the minimum standards for quality of workmanship and appearance. B.Specification sections have not been divided into groups for work of subcontractors or various trades. Should there be questions concerning the applicability or interpretation of a particular section or part of a section or Drawing, direct questions to the Engineer. C.Piping and electrical conduit work shown on the Drawings is intended to be depictive and may not be an exact and complete representation of the actual finished work. Include fittings, joints, supports, nuts, bolts, and other accessories required to provide complete and satisfactory piping and conduit systems, as specified, even though some items may not be specifically shown on the Drawings. D.A part of the work that is necessary or required to make each installation satisfactory and operable for its intended purpose, even though it is not specifically included in the Specifications or on the Drawings, shall be performed as incidental work as if it were described in the Specifications and shown on the Drawings. 1.03 WORK BY OTHERS A.Underground and overhead utilities which require relocation in order to install new infrastructure shall be coordinated by Contractor with said utilities. Contractor is encouraged to coordinate this work early to avoid delays. B.See Section 01041, PROJECT COORDINATION. 1.04 DESCRIPTION OF PROJECT A.This project includes the construction of a new water well on Bozeman 190 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK 01010 - Page 2 of 6 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01010.doc 10/31/23 Creek. 1.05 LOCATION AND INSPECTION OF SITE A.The project location is shown on the plans. B.Prospective bidders may inspect the general project area at a time of their choosing up to the time of the bid opening. C.Inquiries concerning these specifications and drawings may be made to Morrison-Maierle, Inc. 2880 Technology Boulevard W., P.O. Box 1113, Bozeman, Montana 59771. Telephone: (406) 587-0721. 1.06 TIME FOR COMPLETION AND LIQUIDATED DAMAGES A.Time for completion shall be as specified in the Instructions To Bidders. B.Liquidated damages shall be as specified in the Agreement Form. 1.07 MEANS AND METHODS A.Means and methods of construction shall be such as the Contractor or subcontractors may choose; subject, however, to the Owner’s or Engineer’s right to reject means and methods proposed which: 1.Constitute a hazard to the work, persons, or property. 2.Will not finish the work effort in accordance with terms of the contact. 3.Are contrary to specified means or methods included in the contract. B.The right to reject means and methods of Contractor or subcontractor shall not be construed or interpreted as acceptance or control of means and methods by the Owner and Engineer. C.The Owner’s or Engineer’s approval or failure to exercise right to reject means and methods shall not relieve the Contractor of his obligation to complete the work required by the contract. D.Total responsibility for control of all means and methods lies with the Contractor for all work. 1.08 BOUNDARIES OF WORK A.The Owner shall provide land or rights-of-way for the work specified in this Contract and make suitable provisions for ingress and egress, and the Owner 191 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK 01010 - Page 3 of 6 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01010.doc 10/31/23 shall not cause the Contractor to enter or occupy with workers, tools, equipment or material, any ground outside the property of the Owner without the written consent of the Owner of such ground. The final location and extent of the areas to be used shall be staked by the Owner and approved by the Owner. Other Contractors and employees or agents of the Owner may for all necessary purposes enter upon the premise used by the Contractor, providing the operations of other Contractors do not interfere with the actual scheduled operations. The Contractor shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. B.It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the Contractor and that no claim shall be made against the Owner or the Engineer by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the Owner to the sites occupied by these stored materials and equipment, the Contractor owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon the property of the Owner until the Owner has agreed to the location contemplated by the Contractor to be used for storage. C.The Contractor shall be solely responsible for obtaining and shall pay all costs in connection with any additional work area, storage sites, access to the site, or temporary right-of-way which may be required for proper completion of the work. D.The Contractor shall confine all construction operations to within said public right-of-way, easements or permit limits or, at his own expense, make special written arrangements with property owners or the appropriate public agency for use of additional area. The Contractor shall furnish Owner with copies of said written special arrangements prior to expanding his operations beyond the limits for which the owner has obtained easements or permits, 1.09 PROTECTION OF SITE A.Excepting as otherwise provided herein, the Contractor shall take all necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all public and private property in the proximity or otherwise affected by the construction work performed by him. The Contractor shall remove from the site all used materials. B.Also see Section 01041, PROJECT COORDINATION 1.10 SALVAGEABLE AND NON-SALVAGEABLE ITEMS 192 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK 01010 - Page 4 of 6 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01010.doc 10/31/23 A.Any items determined to be salvageable during the progress of the work shall be removed by the Contractor from the existing system under the work of this Contract. These items shall remain the property of the Owner and shall be delivered by the Contractor to a site of the Owner's choosing within the property limits of said Owner. Should the Owner choose not to accept any salvageable items, the Contractor shall dispose of those items at an approved site or landfill. B.Any non-salvageable items exposed during the work shall be removed from the trench and disposed of at an approved site or landfill. All old piping and materials removed from the trench as a result of the work shall be removed from the site and disposed of at an approved landfill. All waste asphalt materials, concrete materials, and other products shall be disposed of at disposal sites that are in compliance with all current Owner, County, State and Federal Regulations. C.Any Contractor's costs associated with any of the above work shall be considered incidental to the work. 1.11 OSHA REGULATIONS A.General: The Contractor will be required to comply with the Amendment to the Occupational Safety and Health Administration Construction Standards for Excavations, 29 CFR Part 1926, Subpart P. Any conflicting information between the OSHA document and these Contract Documents shall be revised so that the OSHA document requirements supersede and take precedence over all other conflicting information. The Contractor shall be required to obtain copies of the OSHA document and to complete his review of the same to avoid misinterpretation of their regulations. B.Hazardous Atmospheres: The Contractor shall prevent employee exposure to potentially harmful levels of atmospheric contaminants and assure acceptable atmospheric conditions by complying with the requirements of 29 CFR, Part 1926, Subpart P. Monitoring equipment shall be supplied as a requirement of this project. 1.12 UNDERGROUND AND ABOVEGROUND FACILITIES A.All references and terminology in this Project Manual or Contract Documents to Buried or Underground Utilities shall be interpreted to be synonymous with and include all Underground Facilities. 193 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK 01010 - Page 5 of 6 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01010.doc B.Any expense incurred by the Contractor as a result of conflict with aboveground facilities shall be reflected in the Contractor’s bid as incidental work. C.Any expense incurred by the Contractor as a result of conflict with underground facilities shall be reflected in the Contractor’s bid as incidental work. D.Section 01040, COORDINATION AND SITE CONDITIONS, and Section 02221, TRENCH EXCAVATION AND BACKFILL FOR PIPELINES AND APPURTENANT STRUCTURES (see MPWSS) contain additional requirements on underground and aboveground facilities. E.Section 02114, MPWSS, 6th Edition: 1.Articles 3.1A & B and 4.2A shall be amended to include existing utility electrical transformer and distribution boxes, and telephone and cable television boxes. 2.Part 4: Deleted the Measurement & Payment section. This work shall be incidental to the installation. No separate measurement or payment shall be made. F.Utility Locates: The Contractor shall contact the Montana-One Call System and secure facility-locate information prior to initiating any ground disturbance work. The Contractor is cautioned that not all utilities or underground private facilities are represented on the One Call system. The Contractor shall also contact all other utilities and private facilities owners to secure locates for their facilities. The Contractor shall be solely responsible for any damage done to underground facilities due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the companies and to keep them informed of his construction activities so that these vital facilities are fully protected and remain operational at all times. G.The following list of representatives to contact for information regarding facilities is provided to assist the Contractor. The list may not represent all utilities and facilities, which may be present which the Contractor needs to contact. 1.Montana One Call System Dispatcher 800-424-5555 2.Northwestern Energy (Electrical)888-467-2353 3.Northwestern Energy (Natural Gas)888-467-2427 4.Montana Opticom 406-600-6036 194 SECTION 01010 DIVISION 1 - GENERAL REQUIREMENTS SUMMARY OF WORK 01010 - Page 6 of 6 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01010.doc 5.Charter Spectrum 406-570-0935 6.CenturyLink 406-585-1909 7.City of Bozeman Engineering Dept.406-582-2280 8.City of Bozeman Water Department 406-582-3200 1.13 FIELD OFFICE FACILITIES A.The Contractor shall supply the Engineer with a copy of any temporary land use agreement between the Contractor and Property Owner for his field office location(s). B.The Contractor does not need to provide a temporary field office for the Engineer. 1.14 TEMPORARY FACILITIES A.The Contractor shall be responsible for supplying his own office, toilet and storage facilities at the site. All expenses for connection of electrical service, telephone or other temporary service shall be the responsibility of the Contractor. The Contractor shall remove all traces of these facilities prior to completion of the project. B.Also see Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS. 1.15 SITE ACCESS A.The Contractor shall be responsible for determining the adequacy of all roads and bridges used in moving equipment and materials to the construction site. The Contractor shall provide alternative methods of access, such as temporary crossings, for any equipment that exceeds the capacity of existing access facilities. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01010 195 SECTION 01027 DIVISION 1 – GENERAL REQUIREMENTS APPLICATIONS FOR PAYMENT 01027 - 1 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01027.doc PART 1 GENERAL 1.01 SECTION INCLUDES A.Format B.Preparation of Applications C.Submittal Procedures D.Final Payment Application E.Substantiating Data 1.02 FORMAT A.Use the Periodic Estimate Form supplied in either this Project Manual or approved by the Engineer including continuation sheets when required. B.For each item, provide: Amount completed to date for individual items. For materials on hand provide item description, relation of material to individual bid item, dollar value of material stored and dollar value of material in place. The amount allowed for material stored shall not exceed the value of material remaining to be installed less the value of installation. C.Change order items shall not be included in requests for payment until approved by Owner and Engineer. Payment requests for change order items shall be made on Engineer supplied forms similar to payment requests for original work items. 1.03 PREPARATION OF APPLICATIONS A.Present required information for preparation of progress payments in either typewritten or legibly handwritten form. B.Review all requests for payment with Resident Project Representative (RPR). Obtain concurrence of quantities with RPR prior to submitting request for payment to Engineer. C.Upon receipt of processed pay request from Engineer, execute pay request, claim forms (if any) and certification by signature of authorized officer. D.List each authorized Change Order on individual change order request form provided by Engineer. 1.04 SUBMITTAL PROCEDURES A.Submit one copy of each Application for Payment to Engineer. 196 SECTION 01027 DIVISION 1 – GENERAL REQUIREMENTS APPLICATIONS FOR PAYMENT 01027 - 2 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01027.doc B.Submit an updated construction schedule with each Application for Payment. C.Submit paid invoices for material in storage obtained from vendors or suppliers after initial payment for said invoices has been made under previous progress payment. Payment for materials on hand will be made upon presentation of the initial invoice. No further payment will be made to Contractor for work or materials on hand until such time that proof of payment to producers or suppliers has been made in proportion to payments made to contractor. "Paid" invoices will be submitted by Contractor to substantiate payment to producers or suppliers. D.Payment Period: Submit at intervals stipulated in the Agreement. Contractor should expect a minimum of 30 or 45 days delay from the time Owner processes a request for payment and the time Contractor receives payment. No allowance or interest will be paid to Contractor for delay in payment due to the flow of funds. E.Submit request for payment under transmittal letter specified in Section 01300. 1.05 FINAL PAYMENT APPLICATION A.Supply lien waivers from prime contractor and major suppliers and subcontractors, and submit Consent of Surety Company to Final Payment. Provide on forms immediately following. B.Submit all documents including operation/maintenance data, record drawings, and warranty data as specified in Section 01700. 1.06 SUBSTANTIATING DATA A.When Engineer requires substantiating information, submit data justifying dollar amounts in question. B.Provide one copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01027 197 SECTION 01035 CHANGE ORDER DIVISION 1 - GENERAL REQUIREMENTS PROCEDURES 01035 - Page 1 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01035.doc PART 1 GENERAL 1.01 SECTION INCLUDES A.Submittals. B.Documentation Necessary for Change in Contract Price and Contract Time. C.Change in Work Procedures. D.Work Directive Change. E.Stipulated Sum Change Order. F.Reconciling/Balancing Change Order. G.Unit Price Change Order. H.Time and Material. I.Execution of Change Orders. J.Correlation of Contractor Submittals. 1.02 RELATED SECTIONS A.Section 01150 - Measurement and Payment B.Section 01300 - Submittals. C.Section 01600 -Product Shipment, handling, Storage, and Protection. D.Section 01700 - Contract Closeout. 1.03 SUBMITTALS A.Submit name of the individual authorized to receive change documents, and be responsible for informing others in CONTRACTOR's employment or Subcontractors of changes to WORK. B.Change Order Forms: ENGINEER Supplied Change Order Form. 1.04 DOCUMENTATION NECESSARY FOR CHANGE IN CONTRACT PRICE AND CONTRACT TIME A.Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in WORK. B.Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C.On request, provide additional data to support computations: 1.Quantities of products, labor, and equipment. 2.Taxes, insurance and bonds. 3.Overhead and profit. 198 SECTION 01035 CHANGE ORDER DIVISION 1 - GENERAL REQUIREMENTS PROCEDURES 01035 - Page 2 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01035.doc 4.Justification for any change in Contract Time. 5.Credit for deletions from Contract, similarly documented. D.Support each claim for additional costs, and for work done on a Time and Material Basis, with additional information: 1.Origin and date of claim. 2.Dates and times work was performed, and by whom. 3.Time records and wage rates paid. 4.Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.05 CHANGES IN WORK PROCEDURES A.ENGINEER will advise of minor changes in WORK not involving an adjustment to Contract Sum/Price or Contract Time by issuing supplemental instructions on a field memorandum. B.ENGINEER may issue a Proposal Request or a Notice of Change which includes a detailed description of a proposed change with supplementary or revised drawings and specifications, and a change in Contract Time for executing the change with a stipulation on any overtime work required. CONTRACTOR will prepare and submit an estimate within 2 days. C.CONTRACTOR may propose a change by submitting a request for change to ENGINEER, describing the proposed change and its full effect on WORK, with a statement describing the reason for the change, and the effect on the Contract Price and Contract Time with full documentation. D.CONTRACTOR will not proceed with change order work, except work authorized by a Work Directive Change until such time as OWNER has approved the change order. 1.06 GENERAL CHANGE ORDER CONDITIONS A.Submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. B.ENGINEER will determine the change allowable in Contract Price and Contract Time as provided in the Contract Documents. C.Maintain detailed records of work completed. D.Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in WORK. 199 SECTION 01035 CHANGE ORDER DIVISION 1 - GENERAL REQUIREMENTS PROCEDURES 01035 - Page 3 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01035.doc E.Change orders will be paid according to the General Conditions, except the overhead and profit allowance shall apply only to labor and materials. F.Equipment charges shall be based on the provisions outlined in the Section 00810 – Supplementary Conditions. G.No additional or deduction of costs will be incorporated into each change order for costs associated with CONTRACTOR's taxes, bonds and insurance. As these items are reflective of the overall project cost, a final change order may be initiated by either party to recover costs or savings associated with the project’s final construction cost. 1.07 WORK DIRECTIVE CHANGE A.When ENGINEER issues a Work Directive Change, signed by OWNER, it shall instruct CONTRACTOR to proceed with a change in WORK, for subsequent inclusion in a Change Order. B.The document will describe changes in WORK, estimated cost, and will designate method of determining any change in Contract Sum/Price or Contract Time. C.CONTRACTOR shall promptly execute the Change in WORK. 1.08 STIPULATED SUM CHANGE ORDER A.Based on a Proposal Request or the issuance of a Work Directive Change at CONTRACTOR's maximum price quotation, or; B.Based on CONTRACTOR's request for a Change Order as approved by ENGINEER. 1.09 UNIT PRICE CHANGE ORDER A.When based on predetermined unit prices and quantities, the Change Order will be executed in accordance with the fixed unit prices defined in the Agreement. B.When based on unit costs or quantities of units of work which are not predetermined, the Change Order Work will be executed under a Work Directive Change. C.Changes in Contract Price and Contract Time will be computed as specified under Time and Material Change Orders. 200 SECTION 01035 CHANGE ORDER DIVISION 1 - GENERAL REQUIREMENTS PROCEDURES 01035 - Page 4 of 4 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01035.doc 1.10 RECONCILING/BALANCING CHANGE ORDER A.A reconciling change order to show final in-place quantity overruns and underruns will be required at the completion of WORK. The unit prices will remain unchanged unless revised under other conditions of the Contract Documents. This reconciling change order will have to be prepared and signed before authorization of final payment to CONTRACTOR. 1.11 EXECUTION OF CHANGE ORDERS A.ENGINEER will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A.Promptly revise progress schedules to reflect any change in Contract Time, revise sub-schedules to adjust time for other items of work affected by the change, and resubmit. B.Promptly enter changes in Project Record Documents. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01035 201 SECTION 01041 DIVISION 1 - GENERAL REQUIREMENTS PROJECT COORDINATION N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01041.doc 01041 – Page 1 of 3 PART 1 GENERAL 1.01 DESCRIPTION: This section describes requirements for coordinating and sequencing the work under the Contract, requirements regarding existing site conditions, and requirements for cutting and patching of new and existing work. 1.02 PRE-CONSTRUCTION CONFERENCE A.After the contract has been awarded, but before the start of construction, a Preconstruction Conference will be held for the purpose of discussing requirements on such matters as project supervision, construction staking, submittals, on-site inspections, progress schedules and reports, payrolls, payments to Contractors, contract Change Orders, insurance, safety, and other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with representatives of the Owner and the Engineer. B.At the Preconstruction Conference, the Contractor shall submit a complete construction schedule showing the weekly schedule of work. The format shall be such that the schedule can be used to show actual progress of the work so that schedule adjustments, if required, can be easily made. The Contractor shall schedule all work under this contract to be completed within the contract time specified in these documents. C.The Contractor’s construction schedule will be reviewed in detail at the Preconstruction Conference by representatives of the Owner, Engineer and Contractor. The Contractor shall make final adjustments, if any, to the construction schedule following the conference and submit the revised construction schedule within seven (7) days to the Engineer for final approval. 1.03 PROJECT MEETINGS OR REPORTS A.Preconstruction Conference: A preconstruction conference will be scheduled after the Notice of Award. B.Progress Meetings: The Owner may schedule regular progress meetings approximately every one to two weeks to review work progress, schedules, and other matters needing discussion and resolution. At a minimum, each meeting must be attended by the Contractor’s project manager or field superintendent. C.Progress Reports: A monthly progress report shall be provided with an updated schedule by the Contractor prior to the submission of the application for progress payment. No progress payments shall be made to the 202 SECTION 01041 DIVISION 1 - GENERAL REQUIREMENTS PROJECT COORDINATION N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01041.doc 01041 – Page 2 of 3 Contractor without prior submittal and subsequent review of the associated progress report and updated schedule. If the work falls behind schedule, Contractor shall submit progress reports at such intervals as the Owner or Engineer may request. Each progress report shall include sufficient narrative to describe current and anticipated delaying factors, their effect on the construction schedule, and proposed corrective actions to meet the agreed-upon schedule. Any work reported complete, but which is not readily apparent to the Engineer must be substantiated with satisfactory evidence. 1.04 PROTECTION AND FIELD RELOCATION A.During construction, it is expected that minor revisions to proposed facility locations will be necessary. Make such relocations only as directed by the Engineer. If existing structures are encountered that prevent construction as shown, or if a conflict between proposed structure locations is encountered, notify the Engineer before continuing with work so Engineer may investigate and make a decision regarding the necessary field revisions. B.Monuments And Markers: Preserve and protect survey monuments and markers throughout construction. If damage occurs or removal becomes necessary, immediately notify Engineer and restore monument or marker to original condition. C.Contractor shall protect existing structures or facilities, including supporting soils, from damage at all times during performance of the work. D.Connecting To Existing Facilities: Unless otherwise shown or specified, determine methods of connecting new work to existing facilities, and to facilities to be constructed under separate contract. Obtain Engineer's review and acceptance of proposed connections before performing the work. 1.05 SEQUENCE OF WORK A.Operation And Shutdown Of Existing Facilities: Schedule and conduct activities to enable existing services and facilities to operate continuously, unless otherwise specified. If interruption of existing services and/or facilities is necessary, conduct work to minimize such interruptions outside normal working hours. Avoid undesirable conditions within limits specified in the Supplementary Conditions. B.Modifications To Existing Facilities:Where existing facilities are to be modified during the course of work, obtain Owner, and Engineer's reviews and acceptances of submittals for temporary shutdown, demolition, modification, connections between new and existing work, and other related work. Conform to other sections as applicable. 203 SECTION 01041 DIVISION 1 - GENERAL REQUIREMENTS PROJECT COORDINATION N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01041.doc 01041 – Page 3 of 3 1.Connections to existing facilities or utilities, or other work that requires the temporary shutdown of any existing operations of utilities shall be planned in detail with appropriate scheduling of the work and coordinated with Owner and Engineer. The schedule for shutdown or restart shall be given by written advance notice in order that the Owner or Engineer may witness the shutdown, tie-in, and startup. 2.The City of Bozeman Water Department personnel shall operate all existing water valves. At no time is the Contractor to operate any existing facility valves. The Contractor shall be solely responsible for operation and maintenance of the temporary bypass piping and adjusting flows as requested by the City. 3.Connections to existing facilities, which are in service, shall be thoroughly planned in advance and all required equipment (including emergency equipment), materials, and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously, around the clock if necessary, to complete connections in the minimum time. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) PART 4 MEASUREMENT AND PAYMENT (Not Used) END OF SECTION 01041 204 SECTION 01050 DIVISION 1 – GENERAL REQUIREMENTS FIELD ENGINEERING/SURVEY Section 01050 Page 1 of 3 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01050 1.doc PART 1 GENERAL 1.01 SECTION INCLUDES A.Quality Control B.Submittals C.Examination D.Survey Reference Points E.Engineer - Surveys/Staking F.Contractor - Surveys/Staking G.Engineering Forms Request for Staking H.Project Record Documents 1.02 QUALITY CONTROL A.Employ a Land Surveyor registered in the State of Montana, an experienced party chief or an engineering technician versed in construction layout and construction staking. Person employed must be suitable for the work proposed. 1.03 SUBMITTALS A.If requested by Owner or Engineer, provide 1 copy of survey notes to the Engineer within 24 hours of staking. Submit in accordance with Section 01300. 1.04 EXAMINATION A.Verify locations of survey control points prior to starting work. B.Promptly notify Engineer of any discrepancies discovered. 1.05 SURVEY REFERENCE POINTS A.Contractor to locate and protect survey control and reference points. B.Protect survey control points prior to starting site work; preserve permanent reference points during construction. C.Promptly report to Engineer the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. D.Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to Engineer. 205 SECTION 01050 DIVISION 1 – GENERAL REQUIREMENTS FIELD ENGINEERING/SURVEY Section 01050 Page 2 of 3 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01050 1.doc 1.06 ENGINEER SURVEYS/STAKING The Engineer will provide the construction control stakes and bench marks for the Contractor as follows: 1.Easement boundary corners as outlined on the Drawings. 2.Offset stakes for water/sewer/storm lines at an interval of 20 feet. 3.Location stakes for all appurtenances. 1.07 CONTRACTOR SURVEYS/STAKING The Contractor shall provide all other project surveying needs not identified above. 1.The Contractor must give and advance request of the staking needs, in writing, by completing and submitting the “Request for Staking” form that is included in this Project Manual. Absolutely no “second time” or “restaking” work will be done by the Engineer unless separate compensation for the Engineer’s costs are paid directly by the Contractor. The Engineer shall submit notification of “restaking work” and cost estimates for the Contractor’s review and agreement prior to starting the “restaking work”. 2.Protecting and using the grade stakes that have been set by the Engineer, and the making of all construction shots for the installation of the work. 3.The Contractor shall make all other surveys necessary for construction that is not identified elsewhere in this Project Manual. 1.10 ENGINEERING FORMS The following forms can be found at the end of this Section. Request for Staking The Contractor shall complete and submit the appropriate forms to the Engineer during the course of the work. 1.11 PROJECT RECORD DOCUMENTS A.Contractor to maintain a complete and accurate log of control and survey work as it progresses. B.Contractor to submit Record Documents under provisions of Section 01700. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) 206 SECTION 01050 DIVISION 1 – GENERAL REQUIREMENTS FIELD ENGINEERING/SURVEY Section 01050 Page 3 of 3 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01050 1.doc END OF SECTION 01050 207 N:\0417\092 - ICE CONTROL WELL\DESIGN DOCS\PROJECTMANUAL\00_SPECIFICATIONS\02_DIVISION 1\01050 A STAKING.DOC REQUEST FOR STAKING CONTRACTOR FORM REQUIREMENTS: 1 - Contractor to complete this form in triplicateENGINEER 2 - Contractor to transmit completed form to Engineer in advance of the desired staking requirement. Staking shall be ready for the Contractor in accordance with thePROJECT NO. & NAME: following time table. TIME OF RECEIPT OF COMPLETED STAKING TO BE COMPLETED AND READY FORM BY ENGINEER FOR THE CONTRACTOR by 8:00 A.M. by the 72nd HR after receipt by Noon by the 68th HR after receipt by 4:30 P.M. by the 64th Hr after receipt This time-table excludes requests of a very large nature that will require greater than normal effort. The time needed for staking excludes designated off days of weekends and holidays. DWNG NO. REF 1ST STAKING REQUEST RESTAKING REQUEST TYPE OF STAKING REQUESTED AND SPECIFIC LOCATION (STREET, MH TO MH, ETC.) OFFSET POSITION (SIDE) OFFSET DISTANCE STAKING INTERVAL DATE AREA READY DATE STAKING DESIRED REQUESTED BY (CONTRACTOR REP) DATE RECEIPT BY (ENGINEER REP) DATE/TIME COMMENTS THIS BOTTOM PORTION TO BE COMPLETED BY THE ENGINEER SURVEY CREW ASSIGNED START DATE COMPLETE DATE CLIENT NO. PROJECT NO. CREW HOURS USED MATERIALS USED COMMENTS: cc: SURVEY AUTHORIZATION DATE 208 SECTION 01200 DIVISION 1 – GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT 01200 - Page 1 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01200 - Measurement & Payment.doc PART 1 – GENERAL 1.01 SCOPE A. This Section describes the methods by which measurement will be made of the quantities for which payment will be made for the Project. Pay Items specifically provided in the Bid Form, but not specifically described below, will be measured and paid as specified in the individual technical specifications of MPWSS. B. Measurement and payment descriptions of all pay items specifically described below supersedes the method of measurement and basis of payment described in the various sections of MPWSS. 1.02 GENERAL A. The total bid price for each item of the contract shall cover all work shown on the contract drawings and required by the specifications and other Contract Documents. All costs in connection with the Work, including furnishing all materials, equipment, supplies and appurtenances; providing all construction plant, equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum prices bid. No item that is required by the Contract Documents for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in the bid. All work not specifically set forth as a pay item in the Bid Form, but required in the Contract Documents, shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid. B. The unit basis of measurement and payment for each bid item shall be the units specified on the bid form. Pay limits are defined by the lines and grades shown in the Contract Documents. No measurement or payment will be made for quantities outside of the pay limits due to Contractor exceeding the pay limits for Contractor’s convenience or due to Contractor not tightly controlling the extents of the Work. Measurement and Payment will only exceed bid quantities if there is an error in the bid quantities or if Engineer directs modifications that require increasing the quantities. 1.03 ESTIMATED QUANTITIES A. Either Owner or Contractor may request in writing that a supplemental agreement or change order be prepared to authorize an adjustment in the unit price of any MAJOR CONTRACT item if the quantity of said MAJOR CONTRACT item increases or decreases by more than 25 percent from that shown in the Contract Documents. A major contract item is defined as any 209 SECTION 01200 DIVISION 1 – GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT 01200 - Page 2 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01200 - Measurement & Payment.doc bid item for a particular schedule having an original contract value in excess of ten (10) percent of the total original contract price for the entire bid schedule. 1.04 MEASUREMENT AND PAYMENT ITEMS Mobilization and Site Preparation (101 and 103) Mobilize to site. Prepare site with traffic control, security, safety measures, stormwater permit and provisions, etc. These items shall be paid at 50% for the first payment application and 50% for the final payment application. The mobilization item includes demobilization as well. Filtration Tank Equipment (102) Install filtration tank equipment. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Well Casing (105) Provide and install the 8-inch steel casing and drilling water procured from the City. Measurement shall be on a per-unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. Well Screen (106) Install 8-inch telescopic well screen, including 40 feet of 0.050 slot screen and 5-feet of tight wound riser pipe with all necessary fittings. Measurement shall be on a per- unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. Well Development (107) In coordination with the Engineer, perform well development to create a natural gravel pack behind screened area. Measurement shall be on a per-unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. 210 SECTION 01200 DIVISION 1 – GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT 01200 - Page 3 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01200 - Measurement & Payment.doc Initial Well Disinfection (108) Disinfect well. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Test Pump Equipment (109) Install and remove test pump capable of 350 gpm at 350 ft TDH with all testing appurtenances. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Temporary Discharge Pipe (110) Install temporary discharge piping from wellhead to Bozeman Creek downstream from well. Measurement shall be on a per-unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. Pump Operation (111) Operate pump and power source for up to 24 hours. Measurement shall be on a per-unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. Power Service Pole (112) Install new power service meter pole and all materials and equipment shown that is not provided or installed by electric utility. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Well Control Box (113) Install well control box. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Well Wiring and Power (114) Install well power and control wiring. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Discharge Pipe (115) Install 4-inch PVC well discharge pipe from well to Bozeman Creek streambank. Measurement shall be on a per-unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. 211 SECTION 01200 DIVISION 1 – GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT 01200 - Page 4 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01200 - Measurement & Payment.doc Gate Valve (116) Install 4-inch gate valve with valve box. Measurement shall be on a per-unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. Pitless Unit (117) Install Baker Monitor Pitless Unit. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Pump and Motor (118) Install final production pump and motor. Assume 350 gpm with 300 ft TDH. Install final production pump and motor. Assume 350 gpm with 300 ft TDH. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Drop Pipe (119) Install 4-inch T&C galvanized drop pipe. Measurement shall be on a per-unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. Check Valve (120) Install check valve inside well. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Submersible Power Cable (121) Install submersible power cable - Assume No 3. Size. Measurement shall be on a per-unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. Final Well Startup (122) Energize, test, and commission final production pump and motor; test all controls valves and piping to satisfaction of ENGINEER. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. Final Well Disinfection (123) Disinfect well. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. 212 SECTION 01200 DIVISION 1 – GENERAL REQUIREMENTS MEASUREMENT AND PAYMENT 01200 - Page 5 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01200 - Measurement & Payment.doc Landscaping (124) Install 2-ton decorative landscape rock at wellhead. Measurement shall be on a per- unit basis of the actual quantity completed. Measurement shall be performed and reported by CONTRACTOR and verified by ENGINEER. Payment shall be made at the contract unit price for the quantity of work completed during the payment period. Retaining Wall Restoration (125) Restore rock masonry wall to equal or better condition. Measurement shall be on a lump sum basis. Payment shall be made at the contract price on a percentage basis of work completed as reported by CONTRACTOR. END OF SECTION 01200 213 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 1 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc PART 1 GENERAL 1.01 SECTION INCLUDES A.Submittal procedures. B.Construction progress schedules. C.Proposed products list. D.Shop drawings. E.Samples and Test Specimens F.Quality Control Submittals J.Manufacturers' instructions. K.Manufacturers' certificates. L.Record Drawings 1.02 RELATED SECTIONS A.Section 01040, COORDINATION AND SITE CONDITIONS regarding submittal of a Construction Sequencing. B.Section 01400, QUALITY CONTROL AND OWNER QUALITY ASSURANCE regarding Manufacturers' field services and reports. C.Section 01600, MATERIAL AND EQUIPMENT regarding substitutions. D.Section 01700, CONTRACT CLOSEOUT regarding contract closeout submittals. 1.03 SUBMITTAL PROCEDURES A.Submittal Register: The Contractor shall submit to the Engineer a register indicating the required submittal data and his proposed submittal dates for all equipment and materials for which a submittal is required. The register shall be submitted to the Engineer by the Contractor within fifteen (15) working days after the date of the Notice of Award. 214 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 2 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc B.General Procedures: 1.Procedures and requirements for submittals are specified herein. Owner reserves the right to modify the procedures and requirements for submittals, as necessary to accomplish the specific purpose of each submittal. Direct inquiries to Engineer regarding the procedure, purpose, or extent of any submittal. 2.Review, acceptance, or approval of substitutions, schedules, shop drawings, lists of materials, and procedures submitted or requested by Contractor shall not add to the Contract amount, and additional costs which may result therefrom shall be solely the obligation of Contractor. 3.Owner is not precluded, by virtue of review, acceptance, or approval, from obtaining a credit for construction savings resulting from allowed concessions in the work or materials therefore. 4.Owner is not responsible to provide engineering or other services to protect Contractor from additional costs accruing from submittals. 5.Submittals processed by Engineer do not become Contract Documents and are not Change Orders; the purpose of submittal review is to establish a reporting procedure and is intended for Contractor's convenience in organizing the work and to permit Engineer to monitor Contractor's progress and understanding of the design. 6.Submittals will be acted on by the Engineer as promptly as possible and returned to the Contractor not later than the time allowed for review in Paragraph SPECIFIC SUBMITTAL PROCEDURES. Delays caused by the need for resubmittal shall not constitute basis for claim or for an extension of contract time. 7.After checking and verifying all field measurements, make submittals to Engineer, in accordance with the submittal register for review. a.Contractor Approval: All drawings, equipment, materials, and other submitted data shall be carefully reviewed by an authorized representative of the Contractor prior to submission to the Engineer. Each submittal shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. No consideration for review by the Engineer of any Contractor submittals will be made for any items which have not been so certified by the Contractor. All non-certified submittals will be returned to the Contractor without action taken by the Engineer, and any delays caused thereby shall be the total responsibility of the Contractor. b.Data shown shall be complete with respect to quantities, dimensions, specified performance and redesign criteria, materials, and similar data to enable Engineer to review the information. 215 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 3 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc c.Submitted data shall be fully sufficient in detail for determination of compliance with the Contract Documents. 8.Before submission of each submittal, determine and verify quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto; review and coordinate each submittal with other submittals, requirements of the work, and Contract Documents. 9.At the time of each submission, give Engineer specific written notice of each variation that the submittal may have from the requirements of the Contract Documents; in addition, make specific notation on each shop drawing submitted to Engineer for review and approval of each such variation. 10.Engineer's review will be only for conformance with the design concept of the project and for compliance with the information given in the Contract Documents, not extending to means, methods, techniques, sequences, or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) nor to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. 11.Engineer's review of submittals shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to each such variation at the time of submission, and Engineer has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the shop drawing or sample approval; nor will any approval by Engineer relieve Contractor from responsibility for errors or omissions in the shop drawings or from responsibility for having complied with the provisions therein. 12.Where a shop drawing or sample is required by the Specifications, related work performed prior to Engineer's review and approval of the pertinent submission shall be the sole expense and responsibility of Contractor. 13.Should the Contractor propose any item on his shop drawings, or incorporate an item into the work, and that item should subsequently prove to be defective or otherwise unsatisfactory, (regardless of the Engineer's preliminary review), the Contractor shall, at his own expense, replace the item with another item that will perform satisfactorily. 14.Review of first submittal and one resubmittal will be performed by the Engineer at no cost to the Contractor. Subsequent submittals will be reviewed by the Engineer; however, the Engineer will document the work-hours and other expenses required for such review(s) and the 216 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 4 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc Contractor shall reimburse the Owner for the charges of the Engineer with a deduction from the Contractor's monthly pay estimate. C. SPECIFIC SUBMITTAL PROCEDURES 1.It is preferable that the Contractor submit PDF submittals. All specific submittal procedures listed below that do not directly refer to hard copies apply. Coordinate with the Engineer on electronic transmission processes. 2. Submit the number of copies the Contractor requires, including all product data sheets, plus four (2) additional complete sets to be retained by the Engineer. 2.Combine submittals specified in each Specification section into a single package. Partial packages will not be reviewed until all submittals required for the section have been received. These shop drawings shall be accurate, distinct, and complete, and shall contain all required information, including satisfactory identification of items, units, and assemblies in relation to the Contract Drawings and Specifications. 3.Transmit each submittal with an Engineer accepted form. 4.Sequentially number the transmittal forms. Resubmittals to have original number with an alphabetic suffix. 5.Identify project, Contractor, subcontractor or supplier; pertinent Drawing sheet and detail number(s), and Specification section number, as appropriate. 6.Apply Contractor's stamp, signed or initialed certifying that review, verification of products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the work and Contract Documents. 7.Schedule submittals to expedite the project, and deliver to Morrison- Maierle, Inc. 2880 Technology Blvd. West, P.O. Box 1113, Bozeman, Montana, 59771. Coordinate submission of related items. 8.Identify variations from Contract Documents and product or system limitations which may be detrimental to successful performance of the completed work. 9.Provide space for Contractor and Engineer review stamps. 10.Revise and resubmit submittals as required, identify all changes made since previous submittal. 11.Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 12.Submittals will be acted upon by Engineer and transmitted to Contractor not later than 20 regular working days after receipt by Engineer. Shop drawings shall be submitted in sufficient time to allow the Engineer not less than 20 regular working days for examining the shop drawings. 13.It is intended that the Engineer will, upon review, mark the shop drawings as appropriate. When shop drawings have been reviewed 217 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 5 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc by the Engineer, copies will be returned to the Contractor appropriately annotated. a.If major changes or corrections are necessary, the shop drawings may be rejected with such changes or corrections indicated. The Engineer will retain two copies and the remaining copies will be returned to the Contractor. Correct and resubmit the shop drawings in the same manner and quantity as specified for the original submittal, unless otherwise directed by the Engineer. If changes are made by the Contractor (in addition to those requested by the Engineer) on the resubmitted shop drawings, such changes shall be clearly explained in a transmittal letter accompanying the resubmitted shop drawings. b.Upon approval, or approval with required corrections noted, one annotated copy will be retained for the Owner and two copies will be kept by the Engineer. The remaining annotated copies provided will be given to the Contractor. 1.04 CONSTRUCTION PROGRESS SCHEDULES A.Submit initial progress schedule in duplicate within 15 days after date of Owner's Notice of Award for the Engineer's review. B.Submit revised schedules with each Application for Payment, identifying changes since previous version. C.Submit a chart with separate line for each major section of work or operation, identifying first work day of each week. D.Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. E.Indicate estimated percentage of completion for each item of work at each submission. F.Indicate submittal dates required for shop drawings, product data, samples, and product delivery dates. 1.05 PROPOSED PRODUCTS LIST A.Within 15 days after date of Owners Notice of Award, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. 218 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 6 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc B.For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. C.Should the Contractor elect to substitute a proposed equivalent material to an "or approved equal" specification, the Contractor shall submit to the Engineer adequate documentation allowing the Engineer to determine the equivalency of the material. 1.06 SHOP DRAWINGS A.General: 1.The Contractor shall submit shop drawings, equipment and materials data as required in the Technical Provisions of these specifications concerning the specific item as soon as practical. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said drawings, etc. until they are approved, and no claim, by the Contractor, for extension of the contract time will be granted by reason of his failure in this respect. 2.Shop drawings, as defined herein, consist of all drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for Contractor to illustrate some portion of the work; and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer and submitted by Contractor to illustrate material or equipment for distinct portions of the work. 3.Submittal of incomplete or unchecked shop drawings will not be acceptable. Shop drawing submittals which do not clearly show Contractor's review stamp or specific written indication of Contractor review will be returned to Contractor for resubmission. 4.Submittal of shop drawings not required under these Contract Documents and not shown on the Submittal Register will be returned to the Contractor unreviewed and unstamped by the Engineer. B.Shop Drawing Contents: 1.Shop drawings referred to herein shall include shop drawings and other submittals for both shop and field-fabricated items. In addition, the Contractor shall submit, as applicable, the following for all prefabricated or manufactured structural, mechanical, electrical, plumbing, process systems, and equipment: a.Shop drawings or equipment drawings, including dimensions, size and location of connections to other work, and weight of equipment. b.Catalog information and cuts. 219 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 7 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc c.Installation or placing drawings for equipment, drives, and bases. d.Supporting calculations for equipment and associated supports specified to be designed by equipment manufacturers or suppliers. e.Wiring and control diagrams of systems and equipment. f.Complete manufacturer's specifications, including materials description and paint system. g.List of special motor features being provided (i.e. space heater, altitude corrections, thermal protectors, etc.). h.Performance data and pump or mixer performance curves. i.Complete motor rating for all motors 15 horse-power and larger, including motor no-load, starting, and full-load current at rated voltage; full-load speed and current at 110 percent voltage; motor efficiency and power factor at 1/2, 3/4, and full- load at rated voltage. j.Suggested spare parts list with current price information. k.List of special tools required for checking, testing, parts replacement, and maintenance (special tools are those which have been specially designed or adapted for use on parts of the equipment, and which are not customarily and routinely carried by maintenance mechanics). l.List of special tools furnished with the equipment. m.List of materials and supplies required for the equipment prior to, and during startup. n.List of materials and supplies furnished with the equipment. o.Samples of finish colors for selection. p.Special handling instructions. q.Requirements for storage and protection prior to installation. r.Requirements for routine maintenance required prior to startup. s.List of all requested exceptions to the Contract Documents. C.Seismic Design: Machinery, equipment, and components such as tanks, piping, and electrical panels, including their supports and anchorages, designed by manufacturers or suppliers, shall be designed in accordance with the provisions of the latest edition of the Uniform Building Code to withstand seismic loads in addition to other loads. Design shall be performed by an appropriately licensed professional engineer familiar with seismic design. Submittals shall be certified, by the Design Engineer, that designs are in conformance with Uniform Building Code Requirements. D.Interfacing Work: Where called for in the Specifications, and as determined necessary by Engineer to provide proper correlation with other work, complete interface information shall be submitted. This interface information shall be accurate and contain all information necessary to allow for manufacturing and construction of the interfacing or connection work. 220 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 8 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc 1.07 SAMPLES AND TEST SPECIMENS A.Where required in the Specifications, and as determined necessary by Engineer, submit test specimens or samples of materials, appliances, and fittings to be used or offered for use in connection with the work. Include information as to their sources, prepay cartage charges, and submit such quantities and sizes for proper examination and tests to establish the quality or equality thereof, as applicable. B.Submit samples and test specimens in ample time to enable Engineer to make tests or examinations necessary, without delay to the work. C.Submit additional samples as required by Engineer to ensure equality with the original approved sample and/or for determination of Specification compliance. D.Laboratory tests and examinations that Owner elects to make in its own laboratory will be made at Owner’s cost except that if a sample of any material or equipment proposed for use by Contractor fails to meet the Specifications, Contractor shall bear cost of testing subsequent samples. E.Test required by the specifications to be performed by an independent laboratory shall be made by a laboratory licensed or certified in accordance with state statutes. 1.See Section 01400, QUALITY CONTROL AND OWNER QUALITY ASSURANCE for requirements. 2.Submit certified test results of specified tests in duplicate to Engineer. F.Samples and laboratory services shall be at the expense of Contractor and included in the prices bid for the associated work. G.Approved sample items (fixtures, hardware, etc) may be incorporated into the work upon approval and when no longer needed by Engineer for reference. 1.08 QUALITY CONTROL SUBMITTALS A.Manufacturers' Certification of Proper Installation: Where manufacturer's certification is required in the Specifications, the manufacturer shall provide certification stating the following: 1.The product or system has been installed in accordance with the manufacturer’s recommendations. 221 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 9 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc 2.The product or system has been inspected by a manufacturer's authorized representative. 3.Applicable safety equipment has been properly installed. 4.Proper electrical and mechanical connections have been made. 5.The product or system has been serviced with the proper lubricants. 6.Proper adjustments have been made and the product or system is ready for functional testing, startup, and operation. B.Certification of Compliance: 1.Where specified, furnish certification of compliance for products specified to a recognized standard or code prior to the use of such products in the work. a.Engineer may permit use of certain materials or assemblies prior to sampling and testing if accompanied by a certification of compliance. b.Certifications shall be signed by the manufacturer of the product; state that the components involved comply in all respects with the requirements of the Specifications. c.Furnish certification of compliance with each lot delivered to the jobsite and clearly identify the lot so certified. 2.Products used on the basis of a certification of compliance may be sampled and tested at any time. The fact that a product is used on the basis of a certification of compliance shall not relieve Contractor of responsibility for incorporating products in the work which conforms to requirements of the Contract Documents. Products not conforming to such requirements will be subject to rejection whether in-place or not. 3.Engineer reserves the right to refuse permission for use of products on the basis of a lack of a certification of compliance. C.Functional Test Certification: Where a certification of functional testing is specified for certain facilities or equipment, Contractor (as applicable to the facilities or equipment furnished) shall state in writing that: 1.Necessary hydraulic structures, piping systems, valves, and similar facilities have been successfully tested. 2.Necessary equipment systems and subsystems have been checked for proper installation, started, and successfully tested to indicate they are operational. 3.Adjustments and calibrations have been made. 4.The systems and subsystems are capable of performing their intended functions. 5.The facilities are ready for performance testing, or for startup and intended operation, as applicable. 222 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 10 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc 6.The manufacturer has reviewed and acknowledged this certification. Where several manufacturers have furnished equipment in a system, obtain each manufacturer’s review and acknowledgment of its respective equipment as part of a functional test for the overall system. D.Performance Test Reports: Prepare and submit performance test reports where specified for equipment and systems. 1.09 MANUFACTURER'S INSTRUCTIONS A.When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, adjusting, and finishing, in quantities specified for product data. B.Identify conflicts between manufacturers' instructions and Contract Documents. 1.10 MANUFACTURER'S CERTIFICATES A.When specified in individual specification Sections, submit manufacturers' certificate to the Engineer for review. B.Indicate that the material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C.Certificates may be recent or previous test results on the material or product, but must be acceptable to Engineer. 1.11 RECORD DRAWINGS A.Maintain on site, one set of the following record documents; record actual revisions to the Work: 1.Contract Drawings. 2.Specifications 3.Addenda. 4.Change Orders and Other Modifications to the Contract. 5.Reviewed Shop Drawings, Product Data, and Samples. B.A "Record Set of Drawings" shall show all field changes, as built elevations, service locations (size and type), crossing details of all existing utility lines, unusual conditions encountered during construction, the manufacturer and manufacturer's catalog number of equipment supplied, and all such other data as required to provide the Owner with an accurate "as constructed" set of Record Drawings. 223 SECTION 01300 DIVISION 1 - GENERAL REQUIREMENTS SUBMITTALS 01300 - Page 11 of 11 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01300.doc C.Record Documents and Shop drawings: Legibly mark each item to record actual construction including: 1.Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2.Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 3.Field changes of dimension and detail. 4.Details not on original Contract Drawings. D.Specifications: Legibly mark and record at each Product section description of actual Products installed, including the following: 1.Manufacturer's name and product model and number. 2.Product substitutions or alternates utilized. 3.Changes made by Addenda and Modifications. E.Contractor to furnish the "Record Set" to the Engineer at the completion of the project. F.Delete Engineer title block from all documents. G.Contractor's final payment estimate and final payment will not be processed until such time as the "Record Set" of drawings has been received and approved by the Engineer. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION 01300 224 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 – GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE 01400 – Page 1 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01400.doc PART 1 GENERAL 1.01 SECTION INCLUDES A. Related Sections B. Quality Assurance/Control of Installation C. Substitutions D. Inspections and Testing Laboratory Services E. Engineering Services, Materials and Control Testing 1.02 RELATED SECTIONS A. Section 1300, SUBMITTALS, Submission of Manufacturers’ Instructions and Certificates 1.03 REFERENCE STANDARDS A. Should specified reference standards conflict with the Contract Documents, request clarification from the Engineer before proceeding. B. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference in any reference document. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. B. Comply with all specified standards and requirements in this Project Manual as a minimum quality for the work. C. Obtain copy of and comply fully with manufacturers’ instructions, including each step in installation or construction sequence. Should the manufacturers’ instructions conflict with the Contract Documents, request a clarification from the Engineer before proceeding. D. Perform work using persons qualified to produce workmanship of specified quality. 1.04 SUBSTITUTIONS 225 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 – GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE 01400 – Page 2 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01400.doc A. Where the phrase “…or equal,” “…or Engineer-approved equal,” or similar wording is encountered in the Contract Documents, do not assume that the materials, equipment or methods will be accepted as equal unless the item has been specifically so approved for this work by the Engineer. B. Substitute or alternate manufacturers, fabricators, installers, materials and methods proposed by the Contractor shall in all ways equal or exceed the requirements of the Contract Documents, as determined by the Engineer. C. If unforeseen circumstances occur that cause the Contractor to change suppliers, materials or methods after the bid is submitted, the Engineer will record all time and materials used by the Engineer and the Engineer’s consultants in evaluating the proposed substitutions. D. If the Contractor can demonstrate to the satisfaction of the Engineer that a specified material or method was ordered in a timely manner and will not be available in time to meet specified completion dates, the Contractor shall submit the required information on the proposed substitution to the Engineer for approval. However, the Contractor is ultimately responsible for meeting the specified completion dates, and is fully responsible for any delays caused by late deliveries of the required equipment, materials or personnel. 1.05 INSPECTION AND TESTING LABORATORY SERVICES A. The Owner shall appoint, employ, and pay for services of an Engineer to perform inspection and testing as specified hereafter. The Engineer will perform inspections, tests, and other services as specified in the Contract Documents. B. The Contractor shall notify the Engineer 24 hours prior to expected time for operations requiring services. C. The Contractor shall cooperate with the Engineer by furnishing the design mix and samples of materials, and by providing equipment, tools, storage and assistance as requested. D. The Contractor shall make arrangements with an independent firm and pay for additional samples and tests required for Contractor’s use. E. Re-testing required because of non-conformance to specified requirements shall be performed by the Engineer. Payment for re-testing will be charged to the Contractor by deducting the inspection or testing charges from his Progress Payment. 226 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 – GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE 01400 – Page 3 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01400.doc 1.06 ENGINEERING SERVICES, MATERIALS AND CONTROL TESTING A. The following documentation is required on all projects, as applicable, to be approved by the City of Bozeman Engineering Division: 1. Dates of acceptable tests for water mains, which shall include hydrostatic and leakage testing and bacteriological testing. These tests shall be conducted by the Contractor in the presence of the Engineer. The written test results shall be provided to the Engineer prior to acceptance of the water main. 2. Elevations shall also be recorded and provided for the top of water main at 50’ intervals. The Contractor shall cooperate with the Engineer to document these elevations, including providing the equipment necessary to document and establish the elevations. The Engineer will have a representative on-site to record the data as the pipe is being installed. The Contractor shall provide safe access to the Engineer for these inspections and cooperate with the Engineer to ensure that adequate documentation is obtained. 3. Verification that all thrust blocking is installed in accordance with the approved plans and specifications. The Contractor shall provide safe access to the Engineer for these inspections and cooperate with the Engineer to ensure adequate documentation is obtained. 4. Theoretical maximum density, optimum moisture content, and sieve analysis for the sub-base course, crushed base course, pit run, and native backfill and subgrade material within the right-of way. The Contractor shall provide safe access to the Engineer to obtain samples of these materials and cooperate with the Engineer to ensure that adequate documentation is obtained. 5. Documentation of in-place field density test for trench backfill and embankments in roadways at intervals of 50 feet. Tests for roadways shall be provided for subgrade, sub-base course and/or pit run, and crushed base course materials. The Engineer shall provide personnel and equipment for the testing. The Contractor shall provide safe access and cooperate with the Engineer to ensure adequate documentation is obtained. 6. The Engineer shall furnish Portland cement concrete tests for all structural concrete to be incorporated into the improvements. One test shall be required for every 50 cubic yards of concrete placed with a minimum of one set of tests per days placement for each type and use of concrete. The Contractor shall provide safe access for the Engineer to obtain the samples and cooperate with the Engineer to ensure adequate documentation is obtained. 227 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 – GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE 01400 – Page 4 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01400.doc B. The following materials and control tests may be made by the Engineer to determine the Contractor's compliance with the specifications: 1. Gradation, liquid limit and plasticity index tests of subbase, base and surfacing aggregates. Tests of subbase and base course materials shall be made from material in-place. Tests of plant mix aggregates shall be made from samples obtained from the hot bins of the hot plant. Tests of concrete aggregates shall be made from samples obtained at the mixer site. 2. Moisture/density tests for native soil backfill, imported soil backfill, imported bedding, and aggregate base and sub-base courses and in-place density tests of subgrade, backfill, subbase, base and asphalt paving courses. 3. Gradation and fracture tests for bedding, cobbles, and riprap. 4. Periodic tests of the Contractor's production operations of aggregate may be made for the purpose of verifying the Contractor's control and testing of his aggregate production. Such testing does not relieve the Contractor of his responsibility to produce material that will meet specification requirements, and he will be required to make such additional tests at his expense as required to produce aggregate meeting the specification requirements. The periodic tests made by the Engineer of the Contractor's production may serve as the basis for rejecting a stockpile as unacceptable. C. The following tests shall be made and paid for by the Contactor to determine the Contractor’s compliance with the specifications: 1. Any tests the Contractor requires for well drilling or other construction operations. 2. Additional material moisture-density curves, sieve analyses and plasticity index required if Contractor’s supplied materials, sources or suppliers change. 3. Equipment performance and/or functional tests. 4. Test failures. D. Acceptance and rejection of materials will generally be determined from tests made of the various courses complete and in-place in the field. While the Engineer may, during the course of construction, make tests at the source or point of production, it is the responsibility of the Contractor to conduct, control, and test his production operations in such a manner that the material produced will meet the specification requirements. 228 SECTION 01400 CONTRACTOR QUALITY CONTROL DIVISION 1 – GENERAL REQUIREMENTS AND OWNER QUALITY ASSURANCE 01400 – Page 5 of 5 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01400.doc E. For all testing conducted by the Engineer or his assigns, the Contractor shall provide necessary trench safety protection measures, where applicable. Any Contractor's costs associated with any of this work shall be considered incidental to the work. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 MINIMUM TESTING REQUIREMENTS A. Minimum quality control testing requirements for this project are identified in the specifications. 3.02 CLEANING DURING CONSTRUCTION A. During execution of work, clean site and public properties and dispose of waste materials, debris, and rubbish to assure that buildings, grounds, roads, and public properties are maintained free from accumulations of waste materials. B. Wet-down dry materials and rubbish to prevent blowing dust. C. Provide approved containers for collection and disposal of waste material, debris, and rubbish. D. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from exposed and partially exposed surfaces. E. Repair, patch, and touch up marred surfaces to specified finish and to match adjacent surfaces. F. Handle materials in a controlled manner with as few handlings as possible; do not drop or throw materials from heights. PART 4 MEASUREMENT AND PAYMENT (Not Used) END OF SECTION 01400 229 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 01500 - Page 1 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01500.doc PART 1 GENERAL 1.01 SECTION INCLUDES A.Temporary utilities required during construction. B.Temporary construction facilities, including access roads, field offices, and storage facilities. C.Requirements for security and protection of facilities and property. D.Requirements for traffic regulation and access to the work. 1.02 RELATED WORK SPECIFIED UNDER OTHER SECTIONS A.See Section 01560, ENVIRONMENTAL QUALITY CONTROL for temporary controls for protection of the environment during construction. B.See Section 01570, CONSTRUCTION TRAFFIC CONTROL for any temporary traffic control needed. 1.03 MOBILIZATION A.Use area designated for Contractor's temporary facilities as shown as the staging area on Drawings. Arrange and pay for additional area if needed for construction operations, as acceptable to Owner, Engineer, and adjacent property owners. B.Notify Owner of obstructions not shown or not readily apparent by visual inspection of the staging area. If such obstructions adversely affect Contractor's operations, proper adjustment to Contract will be considered. Do not remove obstructions without Owner's prior consent. 1.04 TEMPORARY UTILITIES A.Costs After Substantial Completion: Upon acceptance of the work or a portion of the work defined and certified as substantially complete by Engineer, and Owner commences full-time successful operation of the facility or portion thereof, the Owner will bear the cost for utilities used for Owner's operation. B.Electric Power: 1.Electric power for the Contractor’s use may not be initially available at or near the project site or staging area. Determine the type and amount available and make arrangements for obtaining temporary 230 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 01500 - Page 2 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01500.doc electric power service, metering equipment, and pay all costs for the electric power used during the Contract period, except as specifically provided for utilities used by the Owner on portions of the work designated in writing by the Engineer as substantially complete. 2.Temporary electric power installations shall meet construction safety requirements of OSHA, state, and other governing agencies. 3.Cost of electric power used in performance and acceptance testing shall be borne by Contractor. C.Heat: 1.Definitions: a.Heating required after enclosure of building is classified as "temporary heat." Building shall be considered as enclosed when it is roofed and is protected at doorways, windows, and other openings to provide reasonable heat retention. b.Heating required before buildings are enclosed is classified as "cold weather protection." 2.Use warm air heat from oil or gas-fired portable unit heaters suitably vented to outside as required for protection of health and property. If approved by Engineer, heaters emitting products of combustion within the heated space may be used. Open salamander type heaters will not be permitted. 3.Parts of buildings or products that become damaged because of insufficient or excessive heat shall be repaired or replaced to original condition at no additional cost to the Owner. 4.Except as otherwise specified, maintain temperatures in all parts of new buildings above 50 degrees F and no higher than 75 degrees F during the heating season. 5.Upon acceptance or occupancy of building by Owner, Contractor's responsibility for temporary heating shall terminate for that building. 6.If permanent system is used for temporary ventilation, provide temporary throwaway filters. 7.If permanent natural gas piping is used for temporary heating units, do not modify or reroute gas piping without approval of gas company and Engineer. Provide separate gas metering as required by gas company. D.Water: 1.The Contractor shall provide an adequate supply of water of a quality suitable for all domestic and construction purposes. 2.All drinking water on the site during construction shall be furnished by the Contractor and shall be bottled water or water furnished in 231 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 01500 - Page 3 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01500.doc approved metal or plastic dispensers. Notices shall be posted conspicuously throughout the site warning the Contractor's, Owner’s, Engineer’s, and other personnel that piped water may be contaminated. 3.The Contractor shall not make connection to, or draw water from any fire hydrant or pipeline without first obtaining permission of the authority having jurisdiction over the use of said fire hydrant or pipeline and from the agency owning the affected water system. For each such connection made, the Contractor shall first attach to the fire hydrant or pipeline a valve, a backflow preventer, and a meter, if required by the said authority, of a size and type acceptable to said authority and agency. 4.The Contractor is alerted that a water use permit system is in effect in Montana for temporary water uses for construction purposes. The Montana Water Use Act is codified in Chapters 2 and 15 of Title 85, MCA. The regulations pursuant to the Act are found in Chapters 12 and 14 of Title 36, ARM. A Permit to Appropriate Water must be applied for and received before construction of diversion work begins or water is diverted from any surface water source. Developments of ground water with an anticipated use of more than 35 gallons per minute or 10 acre-feet require a Permit to Appropriate Water before any development begins or water is used. In the case of construction projects, a TEMPORARY PERMIT may be requested if the use of water is intended for only a limited period of time. An application for a Temporary Permit is processed according to the same procedures as for a provisional permit. The Temporary Permit has an expiration date based on the period requested and will automatically expire on that date. No Certificate of Water Right is issued on a Temporary Permit. 5.The site shall be graded to drain. Excavations shall be maintained free of water. Provide, maintain, and operate groundwater pumping equipment. Contractor shall make provisions for disposal of groundwater compatible with adjacent property owners and federal, state, and local agencies. 6.Before final acceptance of the work on the project, all temporary connections and piping installed by the Contractor shall be entirely removed and all affected improvements shall be restored to their original condition, or better, to the satisfaction of the Engineer and to the agency owning the affected utility. 7.Fire Protection: The construction plant and all other parts of the work shall be connected with the Contractor’s water supply system and shall be adequately protected against damage by fire. Hose connections and hose, water casks, chemical equipment, or other sufficient means shall be provided for fighting fires in the temporary structures and other portions of the work, and responsible persons shall be designated and instructed in the operation of such fire apparatus so as to prevent or minimize the hazard of fire. The 232 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 01500 - Page 4 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01500.doc Contractor’s fire protection program shall conform to the requirements of Subpart F of the OSHA Standards for Construction. E.Sewage: 1.Provide and maintain sanitary facilities for Contractor's employees and subcontractors' employees that comply with regulations of local and state health departments. Provide chemical toilets of suitable types and maintain them in a sanitary condition at all times, conforming to code requirements and acceptable to the health authorities. They shall be watertight construction so that no contamination of the area can result from their use. Make arrangements for frequent emptying of toilets. Upon completion of the work, remove toilets and restore area to original condition. F.Telephone: 1.Arrange for onsite telephone service for Contractor's use during construction. Costs of installation and monthly bills for Contractor's telephone services shall be borne by the Contractor. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 TEMPORARY CONSTRUCTION A.Access Roads and Parking: 1.Construct temporary construction access roads and detours as necessary to execute the work and as approved by the Owner and Engineer. Maintain in good condition until no longer needed, then remove the temporary roads, revegetate the disturbance or otherwise leave the disturbed area in a preconstruction condition satisfactory to the Owner and Engineer. 2.Use area designated as staging area on Drawings or other area as designated by the Owner for parking of Contractor's employees vehicles. B.Storage Yards and Buildings: 1.Construct temporary storage yards for the storage of products that are not subject to damage by weather conditions. Materials such as pipe, and reinforcing and structural steel shall be stored on pallets or racks, 233 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 01500 - Page 5 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01500.doc off the ground, and in a manner to allow ready access for inspection and inventory. Temporary gravel surfacing of storage yards must be approved by the Owner and Engineer. 2.Erect or provide temporary storage buildings of various sizes needed to protect mechanical and electrical equipment and other materials, as recommended by manufacturers of such equipment and materials: a.Provide environmental control systems that meet recommendations of manufacturers of equipment and materials stored in the buildings. b.Buildings shall be of sufficient size. c.Arrange or partition buildings to provide security for their contents and ready access for inspection and inventory. d.At or near completion of the work, temporary storage buildings shall be dismantled, removed from the site, and remain the property of the Contractor. 3.Store combustible materials (paints, solvents, fuels, etc.) in a well- ventilated building remote from other buildings. C.Fencing and Barricades: 1.Security Fence: a.If desired by the Contractor, erect a temporary (or permanent, if applicable) security fence with gates and locks around the construction and/or staging area site, located and as approved by Owner and Engineer. b.Where existing or new permanent fencing is used for security fence, restore to original or specified condition at completion of the work. 2.Barricades: Provide barricades as necessary to prevent unauthorized entry to construction areas, both inside and outside of fenced area. Also provide barricades to protect existing facilities and adjacent properties from potential damage. Locate barriers to enable access by facility operators and property owners. D.Engineer's Field Office: 1.The Contractor is not required to provide an Engineer’s field office for this project. 3.02 SAFETY AND PROTECTION A.Examination of Existing Facilities: 234 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 01500 - Page 6 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01500.doc 1.After the Contract is awarded, before the commencement of work, at the Contractor's request, Contractor and Engineer shall make a thorough examination of all existing buildings, structures, and other improvements in the vicinity of the work and for which permission for entry has been granted, as applicable, which might be damaged by construction operations. 2.Records in triplicate of all observations shall be prepared by the Contractor and each copy of every document shall be signed by the authorized representative of the Owner and of the Contractor. 3.Photographs, as requested by the Owner, shall be made by the Contractor and signed in the manner specified above. One signed copy of every document and photograph will be kept on file in the office of the Engineer. 4.These records and photographs are intended for use as indisputable evidence in ascertaining whether and to what extent damage occurred as a result of the Contractor's operations, and are for the protection of the adjacent property owners, the Contractor, and the Owner. B.Safety Requirements: 1.Contractor shall do whatever work is necessary for safety and be solely and completely responsible for conditions of the jobsite, including safety of all persons (including employees) and property during the Contract period. This requirement shall apply continuously and not be limited to normal working hours. 2.Safety provisions shall conform to Federal and State Departments of Labor Occupational Safety and Health Act (OSHA), and other applicable federal state, county, and local laws, ordinances, codes, requirements set forth herein, and regulations that may be specified in other parts of these Contract Documents. Where these are in conflict, the more stringent requirement shall be followed. Contractor shall become thoroughly familiar with governing safety provisions and shall comply with the obligations set forth therein. 3.Contractor shall develop and maintain for the duration of the Contract, a safety program that will effectively incorporate and implement required safety provisions. Contractor shall appoint a qualified employee who is authorized to enforce compliance with the safety program. 4.Engineer's duty to conduct construction review of the Contractor's performance is not intended to include a review or approval of the adequacy of Contractor's safety supervisor, safety program, or safety measures. 5.Contractor shall do all work necessary to protect the general public from hazards, including, but not limited to, surface irregularities or 235 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 01500 - Page 7 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01500.doc unramped grade changes in pedestrian sidewalk or walkway, and trenches or excavations in roadway. 6.Barricades, lanterns, and proper signs shall be furnished in sufficient amount to safeguard the public and the work. 7.As part of safety program, Contractor shall maintain at its office or other well-known place at the jobsite, safety equipment applicable to the work as prescribed by the governing safety authorities, and articles necessary for giving first-aid to the injured. Establish procedures for the immediate removal to a hospital or a doctor's care of person who may be injured on the jobsite. 8.Construct and maintain satisfactory and substantial temporary chain link fencing, solid fencing, railing, barricades or steelplates, as applicable, at all openings, obstructions, or other hazards in highways, roads, streets, sidewalks, floors, roofs, and walkways. Such barriers shall have adequate warning lights as necessary or required for safety. 9.If death or serious injuries or damages are caused, the accident shall be reported immediately by telephone or messenger to the Engineer and Owner. In addition, Contractor shall promptly report in writing all accidents whatsoever arising out of, or in connection with, the performance of the work whether on or adjacent to the site, giving full details and statements of witnesses. 10.If claim is made by anyone against Contractor or any subcontractor on account of accident, Contractor shall promptly report the facts in writing, giving full details of the claim. C.Fire Prevention: Perform all work in a fire safe manner. Furnish and maintain on the site adequate fire fighting equipment capable of extinguishing incipient fire. Comply with applicable federal, local, and state fire prevention regulations. Where these regulations do not apply, follow applicable parts of the National Fire Prevention Standard of Safeguarding Building Construction Operations (NFPA No. 241). D.Use of Explosives: No blasting or use of explosives will be allowed on the jobsite. E.Protection of Work and Property: 1.General: a.Contractor shall employ such means and methods necessary to adequately protect public property and property of the Owner against damage. In the event of damage to such property, immediately restore the property to a condition equal to its original condition and to the satisfaction of the Engineer and the owner of said property, and bear all costs therefore. 236 SECTION 01500 CONSTRUCTION FACILITIES DIVISION 1 - GENERAL REQUIREMENTS AND TEMPORARY CONTROLS 01500 - Page 8 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01500.doc b.Protect stored materials, cultivated trees and crops, and other items located adjacent to the proposed work. Notify Owner and property owners affected by the construction at least 48 hours in advance of beginning of construction in different areas. 2.Finished Construction: a.Contractor shall assume the responsibility for protection of finished construction and shall repair and restore any and all damage to finished work to its original or better condition. b.Prevent wheeling of loads over finished floors, either with or without plank protection, except in rubber-tired wheelbarrows, buggies, or dollies. Protect finished floors and concrete floors exposed as well as those covered with composition tile or other applied surfacing. c.At such time temporary facilities and utilities are no longer required for the work, notify Engineer of intent and schedule for their removal. Remove temporary facilities and utilities from the site as Contractor's property and leave the site in such condition as specified, as shown on the Drawings or as directed by the Owner or Engineer. d.In unfinished areas, leave the site evenly graded, seeded, or planted as necessary, in a condition that will restore original drainage, and with an appearance equal to or better than original. e.Site Cleanup:Upon completion of the work, the Contractor shall remove all traces of temporary facilities, including office and storage facilities, stockpiles, equipment, construction debris, unused materials and scrap materials. The site shall be restored by re-grading and re-vegetating disturbed areas to resemble their original condition. If an agreement is reached with the Owner, surplus/leftover materials may be left on site for the Owner’s future use. Site cleanup shall be performed as an incidental to the performance of the work and the Unit Prices on the Bid Sheet. END OF SECTION 01500 237 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 01560 - Page 1 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01560.doc PART 1 GENERAL 1.01 SECTION INCLUDES A.General Provisions B.Erosion and Sediment Control Measures and Works C.Water Pollution Control D.Storm Water Discharge Permit E.Chemical Pollution F.Dust Abatement G.Noise Pollution H.Preservation of Historical and Archeological Data I.Waste Material Disposal J.Maintenance, Removal and restoration 1.02 RELATED SECTIONS A.Section 01010, SUMMARY OF WORK 1.03 WORK INCLUDED A.The work shall consist of installing measures or performing work to control and protect the environmental quality of the project site and to minimize the pollution of the water and air during the construction operations in accordance with these specifications. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION 3.01 GENERAL PROVISIONS A.The Contractor in executing the work shall maintain affected areas within and outside project boundaries free from environmental pollution that would be in 238 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 01560 - Page 2 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01560.doc violation of federal, state, or local regulations. B.Do not impair operation of existing systems. Prevent construction material, pavement, concrete, earth, volatile and corrosive wastes, and other debris from entering waterways, storm drains, wells, or other structures. Maintain original site drainage wherever possible. 3.02 EROSION AND SEDIMENT CONTROL MEASURES AND WORKS A.The Contractor shall conduct his work in accordance with the requirements of the Montana Department of Environmental Quality (MDEQ), Storm Water Program requirements discussed in Article 3.04 herein. B.Control of Earthwork Activities: 1.The excavation and moving of soil materials shall be scheduled so that the smallest possible areas will be unprotected from erosion for the shortest time practical. 2.Excavated materials or other construction materials shall not be stockpiled or deposited near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff or can in any way encroach upon the actual watercourse itself. 3.All areas disturbed or newly created by the construction activity, shall be seeded with vegetation both in kind and in quantity (this will include both herbaceous and woody species) that are indigenous to the area for protection against subsequent erosion and to minimize adverse impacts to fish and wildlife resources. This may require maintenance such as reseeding, watering, implementation of grazing restrictions, fencing, etc., to ensure the survival of the replacement vegetation. C.Mulching: Mulching shall be used to provide temporary protection to soil surfaces from erosion. D.Vegetation Conservation: Except where clearing is required for the permanent works, approved construction roads, or excavation operations, all trees, native shrubbery, grass lawn, and vegetation shall be preserved and shall be protected from damage by the construction operations and equipment. The Contractor shall move equipment on access routes within the right-of-way in a manner which will prevent damage to lawns, crops, range land, or property. 3.03 WATER POLLUTION CONTROL 239 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 01560 - Page 3 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01560.doc A.The Contractor's construction activities shall be performed by methods that will prevent the entrance, or accidental spillage, of solid matter, contaminants, debris, and other objectionable pollutants and wastes into streams, flowing or dry watercourses, and underground water sources. Such pollutants and wastes shall include, but are not restricted to, refuse, garbage, cement concrete, sanitary waste, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. B.Storm Water Pollution Prevention Plan: 1.The CONTRACTOR is required to procure and follow a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the Bozeman Municipal Code Chapter 40 Article 4. The contractor shall prepare and submit a construction stormwater permit for sites less than 1 acre and approval must be received by the City of Bozeman prior to the commencement of construction activities on site. All construction activities must comply with the construction permit requirements and the City of Bozeman BMP Manual for Construction Sites, including any earth disturbing activities as well as well construction, development, and testing. C.Compliance with Applicable Laws and Regulations: 1.The Contractor shall comply with all applicable Federal, State and local laws, orders, and regulations concerning the control and abatement of water pollution. 2.Prior to the discharge of any wastewater or other pollutants, or any dredged or fill materials into Waters of the U.S., the Contractor shall obtain the proper permits (in addition to the existing Section 404 permit) and provide a copy of each to the Engineer. D.Other Provisions: 1.All construction debris shall be disposed of on land in such a manner that it cannot enter a waterway or wetland. 2.Equipment for handling and conveying materials during construction shall be operated to prevent dumping or spilling the materials into the water except as approved herein. 3.During construction and subsequent operation of this facility, no petroleum products, chemicals, or other deleterious materials shall be allowed to enter or be disposed of in such a manner so that they could enter the water and precautions shall be taken to prevent entry of these materials into the water. 240 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 01560 - Page 4 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01560.doc F.Construction Dewatering Permit: 1.The Contractor shall be responsible for all construction dewatering. The method of dewatering selected by the Contractor will determine the necessity for a construction dewatering permit. If the Contractor elects to discharge the water in to an existing storm sewer system or into a stream, drainage, creek, or any State Waters, the Contractor shall be required to first obtain, as necessary, the following permits from the Montana Department of Environmental Quality (MDEQ) office in Helena. a.Short Term Water Quality Standard for Turbidity Related to Construction Activity (318 Permit). b.Montana Pollution Discharge Elimination System Permit (Short Form C) for construction dewatering discharge. 2.Dewatering flows discharged to the irrigation ditch, for which the Contractor would need to secure written permission from the ditch owner, may not require the above-mentioned MDEQ permits. 3.The requirements of this item for the activities of construction dewatering are to be distinguished as being separate from the requirements necessary when there is an encounter of chemical or hydrocarbon contaminants in the groundwater. 4.A copy of the Contractor's discharge permits or ditch owner’s written permission to discharge to their irrigation ditch, as applicable, shall be provided to the Engineer before work begins. 5.All costs of dewatering, including the procurement of the permits required, measures to handle the discharge, testing, and all related work of cleanup, restoration, etc. shall be included in the cost for pipe installation. The Contractor shall be responsible for contacting the MDEQ to verify the discharge limitations and other costs associated with the permit, for bidding purposes. 3.04 STORM WATER DISCHARGE PERMIT A.If the area of disturbance (excavation, stockpiling, etc.) exceeds one acre, the Contractor shall apply to MDEQ for a storm water discharge permit. The Contractor shall utilize erosion and sediment control best management practices whether or not a permit is required. In addition to MDEQ requirements, the Contractor shall refer to the permit applications for 404 permits in the appendix regarding expectations regarding erosion and sediment control. The Contractor shall complete the NOI form and SWPPP as Operator 1 (the sole permittee), and shall be fully responsible for paying all fees and meeting all applicable requirements of the NOI, the SWPPP, and the General Permit. The Contractor shall provide the Engineer with copies of 241 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 01560 - Page 5 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01560.doc the completed application and the Receipt Confirmation Letter from MDEQ, prior to initiating any ground disturbance or earthmoving activities. The cost associated with this work shall be incidental to the other project work. The Contractor shall comply with all provisions of the City of Bozeman’s Stormwater Permitting Program. 3.05 CHEMICAL POLLUTION A.The Contractor shall provide tanks or barrels to be used to dispose of chemical pollutants produced as a by-product of the project work such as drained lubricating or transmission oils, greases, soaps, asphalt, etc. At the completion of the construction work, storage tanks or barrels shall be removed from the site and properly disposed of. B.Sanitary facilities such as chemical toilets or septic tanks shall not be placed adjacent to live streams, wells, or springs. They shall be located at a distance of 200 feet or as required to prevent contamination of any well or water course. C.The term pesticide as used in these Specifications shall include all herbicides, insecticides, fungicides, and rodenticides. Should the Contractor find it necessary to use pesticides in the areas of work under this contract, he shall submit his plan for such use to the Engineer for written approval. The Contractor shall not proceed prior to approval by the Engineer. D.Pesticides used shall only be those registered with the Environmental Protection Agency in compliance with the Federal Environmental Pesticide Control Act of 1972 and other Federal pesticide acts. Pesticides names on the Department of the Interior's "Prohibited List" shall not be used. 3.06 AIR POLLUTION A.The Contractor shall comply with applicable Federal, State, and local regulations concerning the prevention and control of air pollution and the burning of brush, slash or other materials. Burning is not permitted at the project site or on any City property. In no case shall unapproved materials, such as tires, plastics, rubber products, asphalt products, or other materials that create heavy black smoke or nuisance odors, be burned. Trash burning will not be permitted and smoke of any kind shall be minimized. B.Fire prevention measures shall be taken to prevent the start or the spreading of fires resulting from the project work. C.In the conduct of construction activities and operation of equipment, the Contractor shall utilize such practicable methods and devices as are 242 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 01560 - Page 6 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01560.doc reasonably available to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminates. D.Equipment and vehicles that show excessive emissions of exhaust gases shall not be operated until corrective repairs or adjustments are made. 3.07 DUST ABATEMENT A.All public access or haul roads used during construction of the project shall be sprinkled with water as required to fully suppress dust. The Contractor shall prevent dust which has originated from his operation from damaging lawns, crops, cultivated fields, rangeland, trees, businesses, and dwellings, or causing a nuisance. The Contractor shall be held liable for any damage resulting from dust originating from his operations under these Contract Documents. 3.08 NOISE POLLUTION A.The Contractor shall comply with applicable Federal, State, and local laws, orders, and regulations concerning the prevention, control, and abatement of excessive noise. B.The use of jackhammers, pile driving, or combustion engine driven dewatering pumps or generators, or other operations producing high-intensity noise may not be performed at night unless the Contractor receives prior approval of the Owner and nearby property owners. 3.09 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA A.Federal legislation provides for the protection, preservation, and collection of scientific, prehistorical, historical, paleontological, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project. B.The Contractor agrees that, should he or any of his employees in the performance of this contract discover evidence of possible scientific, prehistorical, historical, paleontological, or archeological data, he will cease work and notify the Owner or Engineer immediately giving the location and nature of the finding. Written confirmation shall be forwarded immediately. The Contractor shall exercise care so as not to damage artifacts or fossils uncovered during excavation operations and shall provide the cooperation and assistance necessary to preserve the findings for removal. C.Where appropriate by reason of a discovery, the Engineer may order delays in the time of performance, or changes in the work, or both. If such delays, 243 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 01560 - Page 7 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01560.doc or changes, or both, are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the General Conditions. 3.10 WASTE MATERIAL DISPOSAL A.Excess excavated material not required or suitable for backfill, and other waste material, must be disposed of in licensed landfills or at other sites for which local, county, or state approval is obtained. B.Unacceptable disposal sites include, but are not limited to, sites within a Waters of the U.S. (i.e., wetlands and waterways) or critical habitat and sites where disposal will have a detrimental effect on surface water or groundwater quality. C.Contractor may make his own arrangements for disposal subject to submission of proof that the owner(s) of the proposed site(s) has a valid fill permit issued by the appropriate governmental agency. D.Maintain areas covered by the Contract and affected public properties free from accumulations of waste, debris, and rubbish caused by construction operations. Remove excavated materials from the site, or stockpile where shown or directed by Owner or Engineer. E.Cleaning and disposal shall comply with local ordinances and pollution control laws. Do not burn or bury rubbish or waste materials on the project site. Do not dispose of volatile wastes such as mineral spirits, oil, chemicals, or paint thinner on-site or in storm or sanitary drains. Disposal of wastes into streams or waterways is prohibited. Provide acceptable containers for collection and disposal of waste materials, debris, and rubbish. 3.11 MAINTENANCE, REMOVAL AND RESTORATION A.The Contractor shall, at all times, keep the construction area, including storage areas used by him, free from accumulations of waste materials and rubbish. B.Waste materials including, but not restricted to, refuse garbage, sanitary wastes, industrial wastes, and oil and other petroleum products, shall be disposed of by the Contractor. Materials must be disposed of by acceptable means such as an approved solid waste facility. It shall be the responsibility of the Contractor to make any necessary arrangements pertinent to the locations and regulations of such disposal. Any fees or charges required to be paid for disposal of materials shall be paid by the Contractor. 244 SECTION 01560 ENVIRONMENTAL DIVISION 1 - GENERAL REQUIREMENTS QUALITY CONTROL 01560 - Page 8 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01560.doc C.Disposal of construction debris shall meet the requirements of the Montana Solid Waste Management Act (MCA-75-10-201 et seq.). The regulations pursuant to the Act are in ARM 16.14.501 et seq. and are referred to as the Montana Refuse Disposal Regulations. The statute and regulations are administered and enforced by the Montana Department of Environmental Quality. END OF SECTION 01560 245 SECTION 01570DIVISION 1 - GENERAL REQUIREMENTS CONSTRUCTION TRAFFIC CONTROL 01570 - Page 1 of 3 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01570.doc PART 1 GENERAL 1.1 DESCRIPTION A. This work is the furnishing of labor, materials, and equipment for installing, maintaining and operating traffic control devices to ensure the safety of the general public and project personnel. 1.2 REQUIREMENTS A. Perform work under this section meeting Manual of Uniform Traffic Control Services (MUTCD) the Montana Public Works Standard Specifications and contract requirements. 1.3 NOTIFICATIONS A. Coordinate all construction activities to reduce traffic conflicts at the work site, off-site events or other construction projects. B. Furnish the Engineer, for Owner review, the construction traffic control plan at least one week before construction begins or before changes in segments or phases of the work on the project. The Owner will review and approve the Traffic Control Plan considering known off-site activities and may require modification to the plan or construction timing to coordinate events. Work shall not commence until said plan is approved. C. For project sites involving a through street, provide the Engineer with a news release. Include in the news release, as a minimum, the work activity and duration. Once approved, furnish the news release to the local media at least three days before starting work. Notify all landowners or residents adjacent to the work of the type and duration of the construction. PART 2 PRODUCTS 2.1 TRAFFIC CONTROL DEVICES A. Assure all signs and barricades are reflectorized. Assure all night time traffic control devices meet MUTCD lighting requirements. B. Use traffic control devices meeting the “Manual of Uniform Traffic Control Devices” and the “Traffic Control Devices Handbook” requirements, available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20492. 246 SECTION 01570DIVISION 1 - GENERAL REQUIREMENTS CONSTRUCTION TRAFFIC CONTROL 01570 - Page 2 of 3 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01570.doc C. Assure all traffic control devices are clean, legible, reflective for night-time use, and operable. PART 3 EXECUTION 3.1 WORK METHODS A. Place all traffic control devices as planned before permitting men or equipment on the traveled way. Install signs, cones and barricades in that order. B. Inspect the work area at least twice each day during construction and maintain records of traffic control devices used and their location. C. Assure the traffic control is appropriate to the work. Assure traffic control devices are appropriate and clean before suspending work for the day. D. Remove traffic control devices in reverse order of installation at the end of each shift. E. Remove and store all unnecessary traffic control devices away from traffic’s view. 3.2 NONCOMPLIANCE A. Remove, repair or replace any traffic control device not providing its intended function. B. Do not begin work until all required traffic control devices are placed. C. The Engineer will periodically inspect the traffic control and inform the Contractor of any deficiencies. D. Contractor failure to correct any deficiency in the traffic control within 4 hours of notification is cause to deduct monies from the contract payment on the next progress payment. E. The Engineer may direct correcting traffic control deficiencies immediately. Failure to immediately correct the deficiency is cause for the Engineer to correct the deficiency at Contractor expense. 3.3 FLAGGING A. Furnish competent and properly equipped flag persons as described in the booklet “Instructions for Flag persons” furnished by the Montana Department of Transportation. 247 SECTION 01570DIVISION 1 - GENERAL REQUIREMENTS CONSTRUCTION TRAFFIC CONTROL 01570 - Page 3 of 3 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01570.doc END OF SECTION 248 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 01700– Page 1 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01700.doc PART 1 GENERAL 1.01 SECTION INCLUDES A.Damage to Existing Structures. B.Closeout Procedures. C.Final Cleaning. D.Project Record Documents. E.Operation and Maintenance Data. F.Warranties, Bonds and Affidavits. G.Final Inspection. H.Spare Parts and Maintenance Materials. 1.02 DAMAGE TO EXISTING STRUCTURES A.Prior to final acceptance by the Owner, the Contractor shall repair or otherwise return to original condition any parts of the existing or newly constructed facilities which have been damaged during construction. 1.03 CLOSEOUT PROCEDURES A.The Contractor shall submit written certification that the Contract Documents have been reviewed, the work has been inspected, and that the work is complete in accordance with the Contract Documents and is ready for the Engineer's final inspection. B.The Contractor shall provide any submittals to the Engineer and/or the Owner that are required by governing or other authorities. C.The Contractor shall submit the final Application for Payment identifying the total adjusted Contract Sum, previous payments, and the sum remaining due. 1.04 FINAL CLEANING A.The Contractor shall keep the premises free of the accumulation of surplus materials and rubbish resulting from his construction operations and the operations of his subcontractors. The Contractor shall remove all waste and surplus materials, rubbish, and construction facilities from the site. B.The Contractor shall execute final cleaning prior to the final inspection according to the following provisions: 249 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 01700– Page 2 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01700.doc 1.Clean, sweep, wash, and polish work and equipment provided under the Contract, including finishes. Leave the structure and site in a complete and finished condition to the satisfaction of the Engineer and Owner. 2.Remove debris including dirt, sand, and gravel from sewers, pipelines, and structures. 3.Should Contractor not remove rubbish or debris or not clean the facilities and site as specified above, the Owner reserves the right to have final cleaning done at the sole expense of the Contractor. C.The Contractor shall also provide for the following: 1.Employ experienced workers or professional cleaners for final cleaning. 2.Conduct final inspection of exposed interior and exterior surfaces and of concealed spaces in preparation for substantial completion or occupancy. 3.Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from exposed interior and exterior finished surfaces. 4.Repair, patch, and touch up marred surfaces to specified finish, and match adjacent surfaces. 5.Broom clean paved surfaces; rake clean other surfaces. 6.Remove from the Owner's property temporary structures and materials, equipment, and appurtenances not required as part of, or appurtenant to, the completed work. See Section 01500, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS. 7.Leave water courses, gutters, and ditches open and in condition satisfactory to Engineer and Owner. D.Owner will assume responsibility for cleaning as of the date of substantial completion. 1.05 PROJECT RECORD DOCUMENTS A.The Contractor shall maintain on site, one set of the following record documents to record actual revisions to the work: 1.Contract Drawings, Specifications, and Addenda. 2.Change Orders and other Contract Modifications. 3.Reviewed shop drawings, product data, and samples. B.The Contractor shall store Record Documents separate from the documents used for construction. C.The Contractor shall record information concurrent with the construction progress. 250 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 01700– Page 3 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01700.doc D.The Contractor shall legibly mark and record in the Construction Documents at each product section, the description of actual products installed, including the following: 1.Manufacturer's name and product model and number. 2.Product substitutions or alternates utilized. 3.Changes made by Addenda and Modifications. E.The Contractor shall legibly record all Documents and Shop Drawings to record actual construction characteristics including: 1.Measured horizontal and vertical locations of any underground utilities and appurtenances, referenced to permanent surface improvements. 2.Measured depths of foundations in relation to project datum. 3.Field changes of dimension and detail. 4.Details not on the original Contract Drawings. 5.Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the work. F.The Contractor shall submit the required documents to Engineer with claim for Final Application for Payment. 1.06 OPERATION AND MAINTENANCE DATA A.The Contractor shall prepare binder covers with the printed title "OPERATION AND MAINTENANCE DATA", the title of project, and all subject matter contained in the binder when multiple binders are required. B.Procedures: 1.Unless specified otherwise, furnish four copies of complete instruction manual for installation, operation, maintenance, and lubrication requirements for each unit or common units of mechanical and electrical equipment or system. Contractor shall assemble the O & M Manuals into one set for the entire project. 2.Furnish manufacturer’s data and installation instructions prior to installation of the respective equipment. Furnish initial manual a minimum of 45 days prior to field test or equipment startup of the respective equipment. In all cases, the manuals shall be furnished at least 60 calendar days prior to the scheduled completion of the work. 251 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 01700– Page 4 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01700.doc In no case shall submission of the manuals be delayed beyond 75 percent completion of the work. Submission of the manuals shall precede any payment to the Contractor for work completed in excess of the 75 percent completion level. Correct deficiencies found in the submitted manual within 30 calendar days following notification of the deficiencies. 3.Manuals shall be customized to describe the equipment actually furnished, and shall not include extraneous data for models, options, or sizes not furnished. a.Where more than one model, option, or size of an equipment type is furnished, clearly indicate the information pertaining to each model, option, or size furnished. b.Manufacturer’s preprinted literature may be accepted provided it has been customized to clearly indicate the models, options, and sizes actually furnished, and that equipment models not furnished have been clearly crossed out or deleted. 4.Assemble each copy of the manual in one or more three-ring, hardback type binders. a.Clearly label each binder to designate the system or equipment for which it is intended with reference to the building and equipment number, and the Specification section where the equipment is specified. b.Provide each binder with title page, typed table of contents with page numbers, and heavy section dividers with numbered plastic index tabs. c.Divide each manual into sections paralleling the equipment Specifications. d.Where more than one binder is required, they shall be labeled “Vol. 1", “Vol. 2", and so on. Place the table of contents for the entire set, identified by volume number, in each binder. e.Submit manual organization and format to Engineer for approval prior to manual preparation. f.Punch all data for binding and composition; arrange printing so that punching holes do not obliterate data. 5.Material in manuals shall be suitable for photographic reproduction. Where copies of identical material are included, clarity and quality of copies shall equal the original. C.Contents: Each manual shall be complete in all respects for equipment, controls, accessories, and associated appurtenances, and shall include the following: 1.Diagrams and illustrations. 252 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 01700– Page 5 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01700.doc 2.Detailed description of the function of each principal component of the system. 3.Performance and nameplate data. 4.Installation instructions. 5.Procedure for starting. 6.Proper adjustment. 7.Test procedures and results of factory tests where required. 8.Procedure for operating. 9.Shutdown instructions for both short and extended durations. 10.Emergency operating instructions and trouble-shooting guide. 11.Safety precautions. 12.Maintenance and overhaul instructions, illustrated with detailed assembly drawings showing each part with part numbers and sequentially numbered parts list. Include instructions for ordering spare parts, and complete preventive maintenance and overhaul instructions required to ensure satisfactory performance and longevity of the equipment. 13.Lubrication instructions and diagrams showing points to be greased or oiled; recommend type, grade, and temperature range of lubricants and frequency of lubrication; see paragraph MAINTENANCE SUMMARY FORMS. 14.List of electrical relay settings and control and alarm contact settings. 15.Electrical interconnection wiring diagram for equipment furnished, including all control and lighting systems. 16.Results of field functional and performance tests as required under Article CONTRACT CLOSEOUT SUBMITTALS. 17.Results of any factory tests. 18.See Section 01640, MANUFACTURERS SERVICES; Section 11080, EQUIPMENT AND SPECIALTIES; Section 13705, PROCESS INSTRUMENTATION AND CONTROLS; and Division 16, ELECTRICAL, for additional specific O & M Manual requirements. D.Maintenance Summary Forms: 1.In addition to the O & M Manuals, provide Maintenance Summaries in a format of the form approved by the Owner; submit at same time as prescribed above for the OPERATION AND MAINTENANCE (O & M) MANUALS. 2.Compile individual Maintenance Summary Form for each equipment item following the outline approved by the Owner; submit four copies for review by Owner. 3.The term “Maintenance Operation” as used in the TYPICAL MAINTENANCE SUMMARY FORM is defined to mean any routine operation required to ensure the satisfactory performance and longevity of the equipment. Examples of typical Maintenance Operations are lubrication, belt tensioning, adjustment of pump packing glands, and routine adjustments. 253 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 01700– Page 6 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01700.doc 4.The Maintenance Summary may take as many pages as required; however, the order and format approved by the Owner must be adhered to. Use only 8-1/2-inch by 11-inch paper. E.The Contractor shall provide documents and certificates, including the following. 1.Shop Drawings and product data. 2.Certificates. 3.Photocopies of warranties and bonds. F.The Contractor shall submit one copy of the completed volumes in final form with his request for final inspections. This copy will be returned after final inspection, with the Engineer comments. The Contractor shall revise the content of the documents as required and, within ten days, submit four (4) final sets bound in 8 ½ x 11-inch pages in binders with durable plastic covers. 1.07 WARRANTIES, BONDS AND AFFIDAVITS A.The Contractor shall submit all written warranties, bonds, and affidavits, along with notarized copies, as required to the Owner prior to final payment. B.Warranties shall extend for the full period of the required guarantee period after: 1.Replacement of work found defective during guarantee period. 2.Repair of inoperative items or adjustments to proper working condition of items not operating properly at time of final inspection. C.The Contractor shall execute and assemble documents from all subcontractors, suppliers, and manufacturers. D.The Contractor shall submit four (4) sets prior to the application for final payment, bound in 8 ½ x 11-inch pages, in binders with durable plastic covers. The binder shall be provided with a printed title "WARRANTIES, BONDS AND AFFIDAVITS" and the project title. E.For Items of Work delayed beyond the date of Substantial Completion, the Contractor shall provide an updated submittal within ten days after acceptance, listing the date of acceptance as the start of warranty period. 1.08 FINAL INSPECTION A.The Contractor shall request a final inspection in writing prior to the anticipated date of completion. B.Work will not be considered ready for final inspection until it has been completed and the Contractor has certified that all items are properly operating and in strict compliance with the Contract Documents. 254 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 01700– Page 7 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01700.doc C.The Contractor or his project supervisor shall be at the job-site during the final inspection. D.The Engineer will present to the Contractor, after the final inspection, a list of any items not meeting contract requirements. This list will be confirmed in writing by the Engineer and all items on it must be made acceptable before final payment will be made. PART 2 PRODUCTS 2.01 ACCESSORIES A.Furnish to Owner, upon acceptance of equipment, all accessories required to place each item of equipment in full operation including, but not limited to, hydrant wrenches, valve keys, special tools, adequate oil and grease as required for first lubrication of equipment (after field testing), light bulbs, fuses, handwheels, chain operators, and other items as required for initial operation. B.Extra Materials: 1.Furnish, tag, and box for shipment and storage the spare parts, special tools, and other extra materials specified in the individual Specification sections. 2.Deliver all extra materials prior to 90 percent project completion to the project site. 3.Notify Engineer upon arrival of extra materials. 2.02 SPARE PARTS AND MAINTENANCE MATERIALS A.Provide products, spare parts, and maintenance materials in quantities specified in individual specifications sections, in addition to that used for construction of Work. Coordinate with Owner, deliver to Owner and obtain receipt prior to final payment. B.Parts and materials shall be furnished in manufacturer’s unopened cartons, boxes, crates or other protective covering suitable for preventing corrosion or deterioration for the maximum length of storage which may be normally anticipated. They shall be clearly marked and identified for each individual piece of equipment on which the part will be used. C.Parts and materials shall be delivered to the Owner upon completion of the work or when the Owner assumes delivery of equipment. Contractor shall then place them in permanent storage rooms or areas approved by the Owner. D.Provide a letter of transmittal including the following: 255 SECTION 01700 DIVISION 1 - GENERAL REQUIREMENTS CONTRACT CLOSEOUT 01700– Page 8 of 8 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\02_Division 1\01700.doc 1.Date of letter and transfer of parts and materials. 2.Contract title and number. 3.Contractor’s name and address. 4.A complete inventory of the parts and material, listing the applicable specification section for each. 5.A place for the Owner to sign and signify receipt of the parts and materials. E.Contractor shall be fully responsible for loss or damage to parts and materials until they are transmitted to the Owner. PART 3 EXECUTION (Not Used) END OF SECTION 01700 256 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 1 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx PART 1 GENERAL 1.01 GENERAL AND EXPECTED SITE CONDITIONS: This project entails completion of an 8-inch supply well for the City of Bozeman (OWNER). The purpose of the well is to control Ice on Bozeman Creek during winter months and is a replacement of an existing well utilized for that purpose. The original well was located at the Old Firehouse 1 building approximately 250 east of the project site on Rouse. A log of the well doesn’t exist, but drawings report the well was drilled to a depth of 300 feet and produced more than 350 gpm. The expected formation is interbedded sands and gravel. There are not a lot of deep wells within the area, but well logs within the area that are likely similar to expected conditions include GWIC wells 96237 and 274208. These show small 10-foot or less beds of gravels within silts and clays. Static water level in the area ranges between 5 to 15 feet below surface. 1.02 STORM WATER POLLUTION PREVENTION PLAN: The CONTRACTOR is required to procure and follow a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the Bozeman Municipal Code Chapter 40 Article 4. The contractor shall prepare and submit a construction stormwater permit for sites less than 1 acre and approval must be received by the City of Bozeman prior to the commencement of construction activities on site. All construction activities must comply with the construction permit requirements and the City of Bozeman BMP Manual for Construction Sites, including any earth disturbing activities as well as well construction, development, and testing. 1.03 WELL COMPLETION DESIGN: Well construction will entail installation of 8-inch casing to an expected depth of 300 feet. Final well screening will be determined during drilling of the well but may include either stainless steel well screens or potentially perforated intervals. In the event stainless steel, vee-wire type telescopic sized screen is utilized, the casing pulled back to expose the screen to the formation. Well development, method to be agreed upon by the CONTACTOR and ENGINEER, will be performed to create a natural gravel pack behind screened area. A test pump capable of 350 gpm at 350 feet TDH will be used for aquifer testing. Aquifer testing will include pre-test run followed by a six-hour stepped rate test. The well will be allowed to recover for duration equal to or greater that the stepped rate test duration, A 24-hour constant rate test will follow step testing. Final pumping equipment will be a submersible pump. Assume a final pump design of 300 gpm at 350 feet total dynamic head. Final pumping equipment will not be ordered until approved by the ENGINEER. 257 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 2 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx Drilling water can be procured from 1812 N. Rouse (Vehicle Maintenance and HRDC Building). A 2” female camlock fitting is required to connect to the filling station. The rate is $10.00 / 1,000 gallons. 1.04 WELL LOCATION DESIGN CONSIDERATIONS: The new well will be located in an existing parking lot adjacent to the alley between Rouse and North Bozeman Avenue. 1.05 CONTROL OF DISCHARGE/PROCESS WATER AND CUTTINGS: The project requires control of discharge water, cuttings and drilling additives during both construction and development. Control of discharge will require use of above ground tanks to allow cuttings and materials to settle before discharge during both drilling and well development. Drilling water will be discharged from the tanks to a local stormwater inlet. The City’s 26-inch perforated grate-cover stormwater inlet location is shown on Figure 1 in Appendix A. The inlet is located approximately 7 feet south from the light pole adjacent to the project site. There must be provisions for collection of formation samples prior to discharge into the above ground tanks. All samples will be collected using a cyclone sampler. Aquifer test discharge water will be conveyed approximately 30 feet from the site and discharged to Bozeman Creek, unless the discharge is sediment laden, in which case it shall be discharged to a settling tank before being discharged to Bozeman Creek. Drill cuttings will be collected and hauled to a disposal area. The disposal area shall be at the City dewatering site, Between the MDT and WRF shops on Nelson Road OR at the Water and Sewer Department Site at the City Landfill. In no event will drill cuttings be spread on site. CONTRACTOR to coordinate with City of Bozeman Water and Sewer Department for disposal. 1.06 OTHER CONSIDERATIONS: The well location is within close proximity to existing housing/businesses and therefore noise control should be considered for drilling, pump installation and test pump equipment. All equipment shall have proper mufflers and noise control installed. Drilling hours will be limited to 7 AM to 8 PM per BMC 16.06.090. It is recognized that during pump testing work will necessarily extend past normal working hours. PART 2 WELL CONSTRUCTION 2.01 GENERAL: Construction of the public supply well shall be performed by a licensed water well contractor in accordance with Title 37, Chapter 43, MCA and Title 36, Chapter 21, ARM, March 1997, and DEQ-1, with the following additional requirements. 258 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 3 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx 2.02 DRILLING FLUID ADDITIVES: It is anticipated that the wells will be drilled with air rotary or reverse circulation methods. The drilling fluids in this case shall be compressed air containing a surfactant (foam), polymer, and/or bentonite gel injected into the compressed air stream. All drilling fluid additives must be approved by the National Sanitation Foundation (NSF) or similar ANSI accredited laboratory organization and shall be used as prescribed by the manufacturers of the products and in accordance with recognized industry standards and practices to ensure a workmanlike result. Direct Mud Rotary Drilling methods will not be used for this project. 2.03 CASING AND GROUTING REQUIREMENTS A. Casing Selection: The surface and main well casing shall be steel, in new condition, free of pits, breaks and contamination, and shall meet minimum ASTMA-120 specifications for line pipe. All permanent well casing shall be 8-inch nominal diameter with a minimum wall thickness of 0.25-inch. The method of placement of the casing shall be the contractor’s choice. All deformed, split, separated or otherwise damaged steel casing shall be replaced by the CONTRACTOR at the CONTRACTOR’s expense. Steel casing shall be equipped with a drive shoe when driven. B. METHOD OF JOINING 1. General: Casing lengths shall be joined watertight by a method appropriate to the material used, as selected by the CONTRACTOR and approved by the ENGINEER, so that the resulting joint shall have the same structural integrity as the casing itself. 2. Threaded Steel Casing: Threaded steel casing will not be used for this project. 3. Plain End Steel Casing: Plain end steel casing will be used for the project. Casing lengths shall be joined by full circumferential welds conforming to the standards of the American Welding Society. All welds must be water tight and should fill the beveled ends flush with the outside circumference of the casing. Welded collars may not be used. C. MINIMUM PROTECTED DEPTHS: The wells shall have unperforated casing to a minimum depth of 25 feet from the ground surface. The wells shall not be constructed to draw water from a water table aquifer within 25 feet of the ground surface. D. TOP TERMINAL HEIGHT: The permanent casing head shall extend not less than 18 inches above final grade or 100-yr flood elevation of 4,805.6 259 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 4 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx feet. The ground surface immediately surrounding well shall be graded so as to drain surface water away. E. SEALING OF CASING: Casing shall be sealed using continuously fed bentonite grout. Installation of seals will be performed according to ARM 36.21.654 through 36.21.658. F. TEMPORARY CAPPING: At all times during the progress of the work, the CONTRACTOR shall protect the wells in such manner as effectively to prevent either tampering with the wells or the entrance of foreign matter into them. If the CONTRACTOR fails to provide temporary capping and foreign matter is introduced to the well, the CONTRACTOR will fish the material out at the CONTRACTOR’s expense. In the event the material cannot be fished or drilled past and therefore makes the hole unusable, the CONTRACTOR will abandon the hole and provide all services up to that point at the CONTRACTOR’s expense. Temporary capping will follow ARM 36.21.661. G. CENTRALIZERS: Will not be used for this project. 2.04 PACKERS: Telescopic size screen will be used for this project. The screen shall be fitted with a K-Packer and tight wound screen blank pipe riser section or tight wound screen. The Packer and Riser will allow for 4-feet of overlap between the bottom of casing and the top of the K-Packer. The K-Packer that will not impart taste, odor, toxic substance or bacterial contamination to the well water. The use of a lead K-Packer is prohibited. 2.05 WELL SCREEN: The type of well screen shall be stainless steel. Stainless steel well screen shall be of the continuous slot, wire-wound design in order to provide maximum inlet area consistent with strength requirements. The well screen shall be manufactured by Johnson screens, or approved equal. The screen and attached end fittings shall be fabricated from a corrosion resistant Type 304 stainless steel. End fittings provided with the screen will be selected on the basis of the well design parameters and the drilling method. End fittings will include a stainless steel plate bottom. The screen diameter, length, and wire shape design must ensure that the average velocity of the water entering the screen is 0.1 feet per second, or less, at the desired yield. For bidding purposes assume Freeflow design, standard depth 0.050 slot screen. Placement of the screen will be accomplished by lowering the screen to total depth on drilling rods or sandline. At no point shall the screen be allowed to “free- fall” during installation. Screen should be held in place while casing is pulled- back. If screen is not held in place during retraction of casing and the screen 260 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 5 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx moves uphole, the CONTRACTOR shall fix at the CONTRACTOR’s expense. In this event the screen will be inspected for damage and approved by ENGINEER prior to reinstallation of screen. If the screen is irreparably damaged, the CONTRACTOR will provide new screen at CONTRACTOR’s cost. In the event that cut perforations are deemed necessary for screening, perforation will completed using a standard air operated cutting wheel type perforator. Perforating wheel will be capable of creating 1/8-inch wide by 1-inch long perforations and will include a minimum of 4 rows of perforations. Screen placement will be agreed upon by the CONTRACTOR and the ENGINEER prior to ordering or perforating. 2.06 DEVELOPMENT: Once completed and before conducting yield and drawdown tests, the well shall be developed to remove all fines, drill cuttings, drilling fluids and additives. The method of developing shall be air-lift development. Air development will continue until the ENGINEER determines development is complete. Alternate methods, such as water jetting or use of a surge block can be used in addition to air development if method is submitted by the Contractor and approved by the ENGINEER and OWNER prior to beginning development. Method and duration of development shall be submitted under the remarks section of the well log by the CONTRACTOR. 2.07 CASING VENT: The casing shall be vented. The vent shall terminate in a down- turned position in a minimum 1.5-inch diameter opening covered with 24-mesh corrosion resistant screen. Vents shall terminate 18 inches above final grade, which is greater than 2 feet above the 100-year floodplain. Floodplain elevation is 4805.6 feet. PART 3 WATER QUALITY 3.01 DISINFECTION A. TIMING: The well shall be disinfected at two different times. The first disinfection shall be accomplished when well development is complete and prior to installation of the test pump. The disinfecting solution shall be displaced into the bottom of the well through the development tool string and additional disinfecting solution pumped or sprayed into the top of the well to disinfect the casing above the static water level and to further displace the deeper disinfecting solution into the aquifer. The second time of disinfection shall be after installation of the permanent production pump. The disinfectant shall be a chlorine solution prepared with liquid sodium 261 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 6 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx hypochlorite. The disinfecting solution shall be purged from the well during test pumping. B. DISINFECTANTS: Chlorine compounds approved by Federal or local regulatory agencies shall be used as disinfectants. The disinfectant shall be delivered to the site of the work in original closed containers. The disinfectant shall be recently purchased. Chlorine compounds in dry form shall not be stored for more than one year and storage of liquid compounds shall not exceed 60 days. During storage, disinfectants shall not be exposed to the atmosphere or to direct sunlight. Unless superseded by governmental regulation, the quantity of chlorine compounds used for disinfection shall be sufficient to produce a minimum of 50 mg/l (milligrams per liter) available chlorine in solution when mixed with the total volume of water in the well. The solution shall contain enough chlorine to leave a residual of 25 parts per million throughout the well for a period of 24 hours. The solution volume will allow for replacement of 3 casing volumes of water. C. DISINFECTION PROCEDURE 1. Upon completion of development and cleaning, and before the test pump is installed, the CONTRACTOR shall circulate the disinfecting agent mixture through the drill pipe or through tubing into the well in the required amount. The drill pipe or tubing shall discharge the disinfecting agent at a point 2 feet above the bottom plug on the tailpipe or the screen assembly. 2. When the specified amount of disinfecting agent has been circulated into the well, the drill pipe or tubing shall be withdrawn from the well. After the drill pipe or tubing has been withdrawn, the CONTRACTOR shall pump or pour into the well a volume of disinfecting agent equal to the interior volume of the well screen assembly to further displace the disinfecting agent into the formation around the well. The CONTRACTOR shall pour or pump the additional disinfecting agent into the well in such a manner as to wet those portions of the well above the static water level with disinfecting agent. 3. The disinfecting agent shall be left in the wells for a period of at least 24 hours. This may include the period of time during which test pump installation is accomplished. 4. After a 24-hour or longer contact period, the well shall be cleared of disinfecting agent by the test pumping. 5. The CONTRACTOR shall install a small hose bib on the test pump 262 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 7 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx discharge pipe so that a hose can be used to spray disinfecting agent into the top of the well during pre-test pumping. The CONTRACTOR shall spray disinfecting agent into the top of the well during pre-test pumping to wet the parts of the pump column and well casing above the static water level with disinfecting agent. 6. The disposal point for the purged water shall be selected so as to minimize potential damage to aquatic life or vegetation. The Contractor shall dispose of all heavily chlorinated water in an environmentally safe manner. If there is any question that the heavily chlorinated water will cause damage to the environment, a reducing agent may be applied to neutralize the chlorine. 3.02 PHYSICAL, CHEMICAL AND RADIOLOGICAL QUALITY A. AQUIFER TESTS: It is anticipated that the water quality sampling will be conducted by the ENGINEER during aquifer testing and prior to disinfection as required in the specifications. This will consist of sampling and laboratory analysis for: MICROBIOLOGICAL – Total coliform shall be sampled at the end of well testing and a minimum two times at least 72 hours after installation and disinfection of final pump equipment. Water Samples will be collected by the ENGINEER. Analytical testing shall be performed by a laboratory certified by the Department of Public Health and Human Services. PART 4 TESTING AND RECORDS 4.01 GEOLOGIC DATA: The sampling of formations shall be conducted in accordance with ARM 36.21.667 except that samples will be collected at intervals of five feet or less. A copy of the well log shall be submitted to Montana Department of Environmental Quality (MDEQ). 4.02 YIELD AND DRAWDOWN TESTS: Aquifer test equipment data sheets will be provided to the ENGINEER. A. Pumping tests will include a stepped rate test and a constant rate test. The stepped rate test shall be preceded by a period of pre-test pumping used to estimate maximum discharge and drawdown. Usually, the pre- test pumping is conducted immediately after the pump is installed and the day before the stepped rate test. The pre-test pumping cost shall be considered part of installation of the pump and appurtenances. 263 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 8 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx The first test will be a stepped rate test. The wells will be pumped at five to eight progressively increased discharge rates, which shall be selected by the ENGINEER, without stopping pumping between the increases in discharge rate. The duration of each stepped rate shall be no less than 20 minutes and no more than 60 minutes or a total pumping time of 480 minutes, as determined by the ENGINEER. The stepped rate test will be followed by a period of recovery of up to 24 hours. Drawdown measurements will be taken in the pumped well throughout the period of stepped rate pumping and recovery. Recovery from the stepped rate test will be followed by a constant rate test. The discharge rate for the constant rate tests will be selected by the ENGINEER based on the results of the stepped rate test. The duration of the constant rate tests will be a minimum 24 hours of continuous pumping. Drawdown measurements will be taken in the pumped wells throughout the period of constant rate pumping and recovery at 1 minute intervals. Measurements of residual drawdown during recovery will continue in the pumped wells after the constant rate test until the rate of recovery indicates the groundwater levels have returned to essentially static conditions and for a duration equal pump duration, as determined by the ENGINEER. The measuring equipment will not be removed by the CONTRACTOR until directed by the ENGINEER B. Drawdown and recovery measurements shall be collected by means of a pressure transducer and electric logger provided by the CONTRACTOR. The logging interval will be at half minute intervals throughout all testing. The CONTRACTOR will provide and install the water level measurement equipment and provide supervision of the tests. The CONTRACTOR will provide and operate the test pumping equipment and provide personnel to regulate the discharge rate throughout the tests, including periods of time when the ENGINEER or his representatives are not present. Provision of personnel to monitor and adjust the discharge rate during the duration of the constant discharge rate tests shall be the responsibility of the CONTRACTOR and shall be included in the unit rates for the pumping test. The ENGINEER shall monitor and adjust or direct adjustment of the pumping discharge rate during the stepped rate test. 4.03 ABORTED TESTS A. If the test pump stops during the stepped rate test due to mechanical failure (generator shut-down, insufficient pump capacity, discharge piping leakage or rupture, erosion, etc.), the well shall be allowed to recover, and the CONTRACTOR shall start a new stepped rate test. The CONTRACTOR shall be paid only for one completed stepped rate test. 264 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 9 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx The CONTRACTOR shall repeat the pumping for the time leading up to pump failure at his own expense. B. Failure of pump operation during the first 120 minutes of a constant rate test shall require the CONTRACTOR to abort the test. If the pump stops after 120 minutes of elapsed pumping time during a constant rate test, the CONTRACTOR shall abort the test if the pump remains stopped for a period of time greater than one percent of the elapsed pumping time at the time of pump failure, otherwise the test may be resumed. C. Pumping shall not resume after a test is aborted until the water level in the pumped well has recovered to its original level, unless three successive water level measurements spaced at least 60 minutes apart show that the water level is not recovering or is recovering so slowly that a new test can begin. Generally, the minimum recovery time for an aborted test will be equal to the pumping duration preceding the test failure. The ENGINEER shall be the sole judge as to when recovery is adequate to restart the aborted test. D. The CONTRACTOR shall not be paid for pumping time in aborted tests. 4.04 PUMPING TEST EQUIPMENT: A. Pumping equipment: The pumping equipment will be 350 gpm at 350 feet of TDH for testing. Temporary power by the CONTRACTOR for operation of test pump equipment. In addition to the test pump, the CONTRACTOR shall provide, install, and remove appurtenances required for the test including: 1. Pump column check valve. 2. A calibrated flow meter with rate indicator needle and totalizer, as specified. 3. Pipe stands or other supports to level and stabilize the temporary discharge pipe assembly. 4. A threaded stem gate valve to throttle discharge rate during the pumping tests. 5. Discharge pipe to convey water away from the wellhead as specified during pumping tests. 6. A pressure port with a pressure gage to measure pump column pressure on the discharge line. 265 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 10 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx 7. A hose bib outlet on the discharge pipe for water quality sampling. 8. Rossum sand sampler and fittings on the discharge pipe for attachment of a Rossum sand sampler for monitoring sediment from the well. 9. A 1-1/4 inch standpipe in production well for installation of water- level measuring and recording equipment. A. Check Valves The pump column used in all aquifer tests shall be equipped with check valves to prevent the pump column from draining back into the well when pumping stops. The number of check valves and their spacing in the pump column shall be sufficient to prevent the weight of water in the pump column above the check valve from exceeding the pressure rating of the check valve. B. Flow Meters The CONTRACTOR shall provide and install flow meters that are rated to operate in the appropriate ranges of flow for the different pumping tests. Each flow meter shall be equipped with both a totalizer and a flow rate indicator needle. Flow meters that do not have a flow rate indicator needle for instantaneous reading of flow rate to support adjustment of flow rates during tests will be rejected by the ENGINEER and the CONTRACTOR will be required to provide the specified flow meter equipment. The flow meters should be rated for at least 250 psi; however, they may be installed downstream from the throttling valves so as not to be subject to pump column pressures. C. Discharge Valve The discharge pipe shall be equipped with two gate valves operated with a threaded stem, of the same size as the discharge pipe, suitable for throttling the pumping rate to the desired flow. The throttling valve shall be installed upstream from the flow meter the appropriate number of discharge pipe diameters recommended by the flow meter manufacturer so that the valve does not cause turbulence at the flow meter, thus keeping the valve close enough to the flow meter to adjust the valve while reading the flow meter. D. Pump Column Pressure Gage The CONTRACTOR shall install a tee of appropriate diameter on the top 266 SECTION 02661 DIVISION 2 - SITEWORK WATER WELL 02661 - 11 of 11 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02661 - Well Specification.docxx of the test pump column. A discharge pipe, throttling valve, and flow meter will be attached to the horizontal outlet on the tee. The vertical outlet on the tee shall be bushed down for installation of a smaller nipple and tee, as appropriate. The horizontal outlet to the smaller tee shall be equipped with a sampling valve (ball valve) and nipple, including a hose for collection of submerged samples in a bucket. The vertical outlet to the small tee shall be equipped with a pressure gage. The pressure gage shall be separated from the small tee by a ball valve that will be used to isolate the pressure gage from surge when the pump is started. E. Hose Bib for Sampling As described above, The CONTRACTOR shall install a tee at the top of the pump column. The vertical outlet to the tee shall be bused down for installation of a smaller nipple and tee. The horizontal outlet to the small tee shall be equipped with a ball valve. The discharge side of the horizontal ball valve shall be equipped with bushings and a nipple, as appropriate, so that a 5/8-inch, female end of a garden hose can be connected to the ball valve for collection of water quality samples. F. Rossum Sand Sampler The CONTRACTOR shall provide a port into the discharge pipe with a ¼- inch NPT coupler welded onto the pipe where a Rossum sand sampler will be attached to sample sediment production during testing of the well. G. Pipe Stands The CONTRACTOR shall provide temporary pipe stands or other appropriate supports as necessary to support the pumping test discharge pipe, valves, and flow meter. H. Discharge Piping Plan Aquifer test discharge water will be conveyed approximately 50 feet from the site and discharged to Bozeman Creek, unless the discharge is sediment laden, in which case it shall be discharged to a settling tank before being discharged to Bozeman Creek. END OF SECTION 02661 267 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 1 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx PART 1 – GENERAL 1.01 SCOPE A. The work of this section covers all excavation, backfill, and embankment associated with the reconstruction of the masonry rock wall on the bank of Bozeman Creek. 1.02 GENERAL A. See the STANDARD GENERAL CONDITIONS and SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.03 CLASSIFICATION OF EXCAVATED MATERIAL A. Unclassified Excavation: Materials encountered during the construction of the work regardless of their nature or the manner in which they are removed, will be considered unclassified excavation. Complete all excavation regardless of the type, nature, or condition of the materials encountered. Make own estimate of the kind and extent of the various materials to be excavated in order to accomplish the work. 1.04 DEFINITIONS A. Relative Compaction: The ratio, in percent, of the as-compacted field dry density to the laboratory maximum dry density as determined by ASTM D698. Corrections for oversize material may be applied to either the as- compacted field dry density or the maximum dry density, as determined by the Engineer. B. Optimum Moisture Content: Determined by the ASTM standard specified to determine the maximum dry density for relative compaction. Field moisture content shall be determined on the basis of the fraction passing the 3/4-inch sieve. C. Relative Density: As defined by ASTM D4253 and D4254. D. Prepared Ground Surface: The ground surface after clearing, grubbing, stripping, excavation, and scarification and/or compaction. E. Completed Course: A course or layer that is ready for the next layer or next phase of the work. F. Well-Graded: A mixture of particle sizes that has no specific concentration or lack thereof of one or more sizes. Well-graded does not define any 268 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 2 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx numerical value that must be placed on the coefficient of uniformity, coefficient of curvature, or other specific grain size distribution parameters. Well-graded is used to define a material type that, when compacted, produces a strong and relatively incompressible soil mass free from detrimental voids. G. Influence Area: The area within planes sloped downward and outward at an angle of 45 degrees from the horizontal from (a) 1 foot outside the outermost edge at the base of foundations or slabs; or (b) 1 foot outside the outermost edge at the surface of roadways or shoulder; or (c) 0.5 foot outside the exterior edge at the spring line of pipes and culverts. H. Borrow: Material imported from borrow areas off the immediate project site. I. Select Backfill Material: Material available onsite that the Engineer determines to be suitable for a specific use. J. Imported Material: Material obtained by the Contractor from sources off the immediate project site. K. Structural Fill: Fill material as required under and/or adjacent to structures, paving, sidewalks, driveways, curb, etc. L. Embankment: The fill material required to raise the existing grade in areas other than under structures. M. Unsuitable Materials: Unsuitable materials consist of debris, rubble, trash, organics, and other deleterious materials as determined by the Engineer. Unsuitable materials also include previously placed, non-engineered fills that were not placed in maximum 6-inch to 8-inch thick lifts and/or were not compacted to the densities specified herein. 1.05 SUBMITTALS A. Submittals shall be made in accordance with the Standard General Conditions, Sections 2.07 and 6.17, and the requirements of this section. Certifications that materials conform to the specification requirements along with copies of the test results from a qualified commercial testing laboratory shall be submitted to the Engineer for approval at least 10 days before the material is delivered to the site for use. B. Review by the Engineer of submittals from the Contractor shall not in any way relieve the Contractor from full responsibility for errors therein or from the entire responsibility for complete and adequate design and performance of dewatering and shoring or excavation sloping systems. The Contractor shall be solely responsible for proper design, installation, operation, and 269 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 3 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx maintenance, and any failure of any component of the provided dewatering and shoring or excavation sloping systems. C. The Contractor shall have full responsibility for complete and adequate design and performance of any necessary dewatering and shoring or excavation sloping systems. The Contractor shall be solely responsible for proper design, installation, operation, and maintenance, and any failure of any component of the provided dewatering and shoring or excavation sloping systems. D. Submit all materials testing results in accordance with these Specifications and Section 01400, QUALITY CONTROL. 1.06 IMPORTED MATERIAL ACCEPTANCE A. All imported materials specified in this section are subject to the following requirements: 1. All tests necessary for the Contractor to locate an acceptable source of imported material shall be made by the Contractor. Certification that the material conforms to the Specification requirements along with copies of the test results from a qualified commercial testing laboratory shall be submitted to the Engineer for approval at least 10 days before the material is delivered to the site for use. All material samples shall be furnished by the Contractor at the Contractor's sole expense. Samples shall be representative and be clearly marked to show the source of the material and the intended use on the project. Sampling of the material source shall be done by the Contractor in accordance with ASTM D75. Notify the Engineer at least 24 hours prior to sampling. The Engineer may, at the Engineer's option, observe the sampling procedures. Tentative acceptance of the material source shall be based on an inspection of the source by the Engineer and/or the certified test results submitted by the Contractor to the Engineer, at the Engineer's discretion. No imported materials shall be delivered to the site until the proposed source and materials tests have been tentatively accepted in writing by the Engineer. Final acceptance will be based on tests made on samples of material taken from the completed and compacted course. 2. Gradation tests and standard Proctor tests shall be made by the Contractor on representative samples taken at the place of production prior to shipment to the project site. Test results shall be forwarded to the Engineer within 48 hours after sampling. 3. If tests conducted by the Contractor or the Engineer indicate that the material does not meet Specification requirements, material delivery 270 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 4 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx and placement will be terminated until corrective measures are taken. Material which does not conform to the Specification requirements and is placed in the work shall be removed and replaced at the Contractor's sole expense. Sampling and testing performed by the Contractor shall be done at the Contractor's sole expense. 1.07 SHORING, SHEETING, BRACING, AND SLOPING A. Install and maintain shoring, sheeting, bracing, and sloping necessary to support the side of the excavation, to keep and to prevent any movement which may damage adjacent pavements, utilities, or structures, damage or delay the work, or endanger life and health. Install and maintain shoring, sheeting, bracing, and sloping as required by OSHA and other applicable governmental regulations and agencies. 1.08 EXCAVATION SAFETY A. The Contractor shall be solely responsible for making all excavations in a safe manner, in accordance with all OSHA and other applicable regulations. Provide appropriate measures to retain excavation side slopes and prevent rock falls to ensure that persons working in or near the excavation are protected. Any necessary trench excavation permits shall be the responsibility of the Contractor. 1.09 CODES, ORDINANCES, AND STATUTES A. Contractors shall familiarize themselves with, and comply with, all applicable codes, ordinances statutes, and bear sole responsibility for the penalties imposed for non-compliance. 1.10 TOLERANCES A. All material limits shall be constructed within a tolerance of 0.1 foot except where dimensions or grades are shown or specified as minimum. All grading shall be performed to maintain slopes and drainage as shown. No reverse slopes will be permitted. 1.11 QUALITY ASSURANCE A. The Contractor shall perform earthwork operations in compliance with these specifications and within the applicable requirements of governing authorities having jurisdiction. 271 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 5 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx B. Over-excavation made by the Contractor in earth or rock beyond the specified line and grade shall be corrected, at the expense of the Contractor. C. Under-compacted soil placed by the Contractor shall, at the expense of the Contractor, be corrected by additional compaction effort or excavation, replacement, and compaction. Any costs incurred by the Owner or the Engineer as a result of the under-compaction, such as additional professional engineering services, materials testing, or construction inspection services, shall be the responsibility of the Contractor. D. Materials testing shall be the Contractor’s responsibility. Field density testing will be the responsibility of the Contractor and all costs shall be included in the Contractor’s bid price. E. BRACING AND SHORING: Safe temporary cut slopes are the responsibility of the Contractor who shall meet all appropriate OSHA regulations including but not limited to; "Constructions Standards for Excavations" (29 CFR Part 1926.650-.652) Subpart P, effective on the date of the bid opening. PART 2 PRODUCTS 2.01 EQUIPMENT A. The Contractor may use only walk behind or hand compaction equipment within 4 feet of structure walls, provided the equipment is in satisfactory condition and of such capacity as to fulfill the requirements of this section. B. No embankment or backfill shall be started or continued without adequate compaction equipment on hand. If watering is required, hoses from an adequate source, pumps, or tank wagons or trucks with a distributor capable of adequately spreading the water evenly across the width of the equipment shall be used. 2.02 MATERIAL A. Imported Engineered Structural Fill: Where detailed on the Drawings or where specified, imported engineered structural fill shall be provided that is reasonably clean (less than 20 percent passing a No. 200 sieve) naturally occurring or produced aggregate, crushed rock, or gravel graded from 1 ½ -inch maximum with not less than 25 percent and not more than 65 percent passing the No. 4 sieve. Sand fill will not be permitted. Fill shall be free from clay balls and organic material and shall be well graded from coarse to fine, containing sufficient fine material for proper compaction. 272 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 6 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx Sieve or Screen Size Percent Passing By Dry Weight 2-inch 100 1 ½-inch 95-100 3/4-inch 35-70 3/8-inch 10-30 No. 4 0-5 No. 200 0 - 2 B. Topsoil: Native topsoil, excavated on-site, shall be reused. Native topsoil shall be graded and screened; free of roots, rocks larger than ½-inch, subsoil, debris, large weeds, and other foreign matter. If insufficient native topsoil is available, provide imported borrow topsoil meeting the same requirements. C. Geotextile or Filter Fabric: Geotextile (or filter) fabric shall be woven or nonwoven geotextile material as specified in Section 02110, GEOTEXTILES. D. Retaining Wall: Contractor shall repair or replace the existing rock masonry retaining wall to the lines and grades to match the existing wall. Contractor shall provide a submittal for the replacement materials and construction methods for approval by the Engineer and Owner. The retaining wall repair shall include suitable foundation considerations, adequate drainage, non- erodible facing, and shall be backfilled with engineered structural fill. Existing salvaged rock materials may be re-used if the construction methods are suitable to the Engineer and Owner. The extents of the retaining wall repair shall be determined by the extents of the contractor’s disturbance related to the other construction activities, and the transition to and from the existing remaining wall areas shall be neat and uniform. 2.03 WATER FOR COMPACTION A. Furnish as required. 2.04 COMPACTION EQUIPMENT A. Compaction equipment shall be of suitable type and adequate to obtain the densities specified, and shall provide satisfactory breakdown of materials to form a dense fill. B. Compaction equipment shall be operated in strict accordance with the manufacturer's instructions and recommendations. Equipment shall be maintained in such condition that it will deliver the manufacturer's rated compactive effort. If inadequate densities are obtained, larger and/or different types of additional equipment or other methods shall be provided 273 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 7 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx by the Contractor. Hand-operated equipment shall be capable of achieving the specified densities. 2.05 MOISTURE CONTROL EQUIPMENT A. Equipment for applying water shall be of a type and quality adequate for the work, shall not leak, and shall be equipped with a distributor bar or other approved device to assure uniform application. Equipment for mixing and drying out material shall consist of blades, discs, or other approved equipment. PART 3 EXECUTION 3.01 EXCAVATION A. General: Dewater the ground as hereinafter specified, if necessary, prior to starting excavation. Protect plant life, lawns, structures, sidewalks and driveways, pavement, fences, benchmarks, survey control points, and other existing features designated to remain and not be disturbed. Excavation is unclassified. Excavation shall be performed to the lines, grades and elevations shown on the Drawings or as required to accomplish the construction. The Engineer reserves the right to make minor adjustments or revisions in lines or grades. Perform all excavation regardless of the type, nature, or condition of the material encountered. The method of excavation used is optional; however, no equipment shall be operated within 5 feet of existing structures or newly completed construction without approval of the Engineer. The Contractor shall protect all existing and newly constructed structures in all cases, and is solely responsible for any damage to those structures during their work. Excavation that cannot be accomplished without endangering present or new structures shall be done with hand tools. The Contractor is responsible for field staking the earthwork. No excavation shall be started until the staking or grade control is complete. Should the Contractor excavate below the designated lines through fault or negligence, the Contractor shall replace such unauthorized over-excavation with approved materials in an approved manner at their own expense. B. Classification: All excavation shall be considered unclassified. All material encountered of whatever nature shall be removed and used in embankment or disposed of as specified in this section. The presence of rock or frozen material shall not constitute a claim by the Contractor for extra work. C. Limits of Excavation: Excavation shall extend a sufficient distance from walls to allow for placing, removal, and inspection of forms, and to allow for placing of structural fill. Temporary construction excavation side slopes shall be made as steep as safely possible in the upper 15 feet below existing 274 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 8 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx grade. All native sub-grade areas below structures, sidewalks, pavement, or to other similar improvements shall be scarified to a minimum depth of 8 inches, moisture conditioned, and compacted to not less than 98 percent of maximum dry density at 2 percentage points wet of optimum moisture content in accordance with ASTM D698. Undercutting will not be permitted. Where suitable bearing is not encountered at the specified elevation, the Engineer may direct that additional depth be excavated as required. Such over-excavation shall be compensated for on a supplemental agreement or work order basis, if not specifically provided for in the Bid Form. Unauthorized over-excavation by the Contractor shall be corrected by the Contractor using approved materials as specified hereinbefore at no cost to the Owner. Over-excavation below slabs shall be replaced with select imported engineered structural fill materials, thoroughly compacted to not less than 98 percent of maximum density, (ASTM D 698), to the subgrade elevation. Additional depth of over-excavation below structural concrete footings shall be poured with concrete as a part of the footing, at no additional cost to the Owner. D. Protection of Excavation: All necessary bailing, drainage, sheeting, and construction of cribs and cofferdams shall be included as part of the excavation. Excavations over four feet in depth shall be shored, sheeted and braced as may be necessary for the protection of the work and the safety of the personnel, or sloped to the angle of repose of the material when saturated per OSHA standards. When excavation is at the required depth, any water, if present, shall be pumped out for cleaning and foundation bed inspection. E. Dewatering of Excavation: 1. Provide and operate equipment adequate to keep all excavations and trenches free of water, and meet other specified performance requirements. Remove all water a minimum of 3 feet below the lowest point of excavation during periods when concrete is being deposited, when pipe is being laid, during the placing of backfill, and at such other times as required for efficient and safe execution of the work on a dry and stable subgrade. Avoid settlement or damage to adjacent property. Dispose of water in an approved manner that will not damage adjacent property. When dewatering open excavations, dewater from outside the structural limits and from a point below the bottom of the excavation when possible. Design dewatering system to prevent removal of fines from existing ground. 2. Adjacent areas shall be graded so that surface drainage is away from excavations. Any water accumulating within the excavation shall be promptly removed. Pumping from the interior of any enclosed foundation shall be done so the possibility of any portion of the 275 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 9 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx concrete materials being carried away is eliminated. No pumping will be allowed during the placing of concrete and for 24 hours thereafter, unless it is done from a suitable sump separated from the concrete work by a water tight wall. 3. Positive dewatering systems shall be furnished and installed as necessary to maintain all excavations and trenches free of water at all times until the structure or facility is completely constructed, so that full dead load is applied, and backfill is in place. If necessary, such systems shall remove ground water from outside the limits of the excavation, and shall maintain the water level sufficiently far below the base of the excavations to prevent buoyancy conditions or softening of the base. The Contractor shall dewater the work area sufficiently to prevent water from seeping through the excavated side slopes. Provisions shall be made for removal of storm runoff and all other water that may enter the excavations. Open-sump pumping from the interior of excavations will be permitted only to dispose of surface runoff, and shall not be used as the primary means of dewatering. 4. Remove dewatering and surface water control systems after dewatering operations are discontinued. F. Structure Shoring: 1. Where necessary due to site limitations and to maintain steep side slopes, the Contractor shall shore the excavation for various structures. It shall be the Contractor’s responsibility to provide and maintain a reasonable and safe excavation for all phases of construction. In no case shall any excavation be made in such a manner so as to endanger or damage adjacent facilities or property adjacent to the site. 2. The Contractor shall design, install, and maintain all shoring. The type of shoring shall be the Contractor’s option. The shoring shall be designed and maintained to prevent any movement of soil which may cause damage to the adjacent facilities and property, damage or delay the work, or endanger life and health. 3. Shoring shall be designed and constructed to withstand soil and hydrostatic loadings, and appropriate equipment and surcharge loadings. Tie-backs and bracing shall be installed where required to prevent movement. Design of shoring shall incorporate the Contractor’s sequence of excavation and placement of lateral support elements. The Contractor shall repair, at his own expense, all damage resulting from failure to provide adequate support. 276 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 10 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx 4. Shoring shall be removed in a manner which avoids damage to new or existing facilities or adjacent property. All voids left by removal of shoring shall be immediately filled. G. Blasting: Blasting for excavations will not be permitted. H. Overbreak: Overbreak, including slides, is defined as that portion of any material displaced or loosened beyond the finished work as designed by the Engineer. The Contractor shall remove such overbreak and shall replace such overbreak with approved material in an approved manner. The additional work will be accomplished at no additional expense to the Owner. 3.02 BACKFILLING AT STRUCTURES A. General: Backfilling shall be performed where indicated or required, to the grades and elevations shown on the Drawings. No backfilling shall be commenced without approval of the Engineer. Do not backfill over porous, wet, frozen, or spongy subgrade surfaces, and do not backfill with frozen materials. Prior to backfilling, all concrete forms shall be removed and the excavation cleaned of all trash and debris. Any paint, insulation, waterproofing or coating which has been applied to below grade surfaces shall be completely dried or cured. Backfill around concrete structures only after the concrete has reached the specified compressive strength indicated in Section 03310, CONCRETE. Backfill water-holding structures only after satisfactory leakage tests have been conducted as specified in Section 03310, CONCRETE. All material used for backfill shall be as specified and of a quality acceptable to the Engineer and shall be free of large and frozen lumps, wood, and other extraneous materials. In general, this material shall be imported engineered structural fill material below or behind 10 feet of any structure wall. Do not operate large earth-moving or compaction equipment within 5 feet of concrete structures. B. Compaction: Backfill material shall be placed in continuous horizontal layers not to exceed 8 inches in loose lift thickness when heavy, self- propelled compaction equipment is used, and 4 to 6 inches in loose lift thickness if hand-operated equipment (jumping jack, plate compactor) is used. Each layer shall be compacted as specified hereinafter. Compact all materials by mechanical means; flooding or jetting will not be permitted. If compaction tests indicate that compaction or moisture content is not as specified, material placement shall be terminated and correction action(s) shall be taken by the Contractor prior to continued placement. Where backfill is placed on both sides of a wall or column, both sides shall be backfilled in such a manner so that the difference in compacted grade does not exceed 18 inches at any time. Care shall be taken when compacting around structure footings, slabs, and walls to prevent damage to the structure. 277 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 11 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx C. Watering: Water may be added only to bring the backfill material to the specified moisture content range (plus or minus 2 percent from optimum) for compaction. Jetting or ponding of the backfill material will not be permitted. D. Imported Engineered Gravel Backfill: Where called for on the Drawings, and for backfill around all foundation walls to a horizontal distance from the foundation walls of at least 10 feet imported gravel backfill shall be provided with a minimum depth as shown on the Drawings. Do not exceed loose lifts of 6 inches. Compact each lift to not less than 98 percent of maximum ASTM D698 dry density at optimum moisture content, plus or minus 2 percentage points. Moisten material as required to aid compaction. Place material in horizontal lifts and in a manner which avoids segregation. Gravel fill shall be compacted with compactors, suitable for such material, to the satisfaction of the Engineer. Sand fills will not be permitted. E. Imported Engineered Structural Fill Within 10 Feet Around Structures: Provide hereinbefore specified imported structural fill around all buried structure walls within a minimum of 10 feet from the walls. Place fill material in maximum 8-inch thick loose lifts and compact each lift to not less than 95 percent of maximum ASTM D698 dry density at optimum moisture content, plus or minus 2 percentage points. Stop backfill at two feet below finished grade in areas without concrete walkways or pavement to make allowance for an 18-inch layer of lean clay and 6-inch layer of topsoil. 3.03 MOISTURE CONTROL A. During all compacting operations, maintain optimum practicable moisture content for each lift of fill. Maintain moisture content uniform throughout each lift. Insofar as practicable, add water to the material at the site of excavation. Supplement, if required, by sprinkling water and mixing the fill material. At the time of compaction, the water content of the material shall be at optimum moisture content, plus or minus 2 percentage points. B. Do not attempt to compact fill material that contains excessive moisture. Aerate material by blading, discing, harrowing, or other methods, to hasten the drying process. 3.04 FIELD DENSITY AND MOISTURE TESTS A. The Contractor’s testing representative will determine in-place density and moisture content by any one or combination of the following methods: ASTM D2922, D1556, D2216, D3017, or other methods selected by the Engineer. Backfill test areas at Contractor's sole expense. 278 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 12 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx B. The frequency and location of testing shall be determined by the Engineer and as defined in Section 01400, QUALITY CONTROL. At a minimum, provide one field density test for each 5,000 square feet of subgrade area prior to placing fill and one field test per each compacted backfill layer per 5,000 square feet of area. C. The Engineer may require the Contractor to test any lift of fill at any time, location, or elevation. No areas will be accepted that have compacted densities less than specified hereinbefore. 3.05 WEATHER CONDITIONS A. Earthwork operation shall be suspended at any time when satisfactory results cannot be obtained on account of rain, freezing weather, or other unsatisfactory field conditions. 3.06 DRAINAGE A. During earthwork operations the grade shall be maintained in such a condition that it will be well drained at all times. B. If necessary, temporary drains or diversion ditches shall be installed in order to intercept or divert surface water which could affect the work. 3.07 SITE GRADING A. Perform all earthwork to the lines and grades as shown on the Drawings and/or established by the Engineer, with proper allowance for ground or landscaping cover where specified or shown. Shape, trim, and finish slopes of channels to conform with the lines, grades, and cross sections shown. Make slopes free of all exposed roots and stones exceeding 3-inch diameter which are loose and liable to fall. Round tops of banks to circular curves, in general, not less than a 6-foot radius. Rounded surfaces shall be neatly and smoothly trimmed. Neatly blend all new grading into surrounding, existing terrain. Over-excavating and backfilling to the proper grade will not be acceptable. Finished site grading will be reviewed by the Engineer. 3.08 AFTER GRADING A. Where detailed on the Drawings, after rough grading is completed and approved by the Engineer, spread flowable fill to match existing ground and pavement, as defined by Section 02225, FLOWABLE FILL. 3.09 CLEANUP A. All unsuitable material, waste sheeting or forming, and debris shall be removed from the site and disposed of by the Contractor in approved areas 279 SECTION 02665 DIVISION 2 - SITEWORK EARTHWORK FOR STRUCTURES 02665 - Page 13 of 13 N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\03_Division 2\02665 - Earthwork for Structures.docx as directed by local regulatory agencies or the Owner. The area shall be graded to required elevations and all rocks and boulders bladed into a furrow and removed for disposal by the Contractor. Remaining topsoil stripped during clearing and stockpiled shall be spread in such a manner as to restore the area surface to its original condition, as approved by the Engineer. B. All excess native soil materials not required for backfilling around new structures shall be disposed of off-site by the Contractor at a suitable location, at the Contractor’s expense. END OF SECTION 02665 280 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 1 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx SECTION 260010 – GENERAL ELECTRICAL REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. The requirements listed in this section are supplemental to the Division 01 General Requirements. B. It shall be the responsibility of the Electrical Contractor to examine and refer to all disciplines drawings and specifications for construction conditions which may affect the scope of Electrical work. Inspect the site and existing facilities for verification of present conditions. Make proper provisions for these conditions in performance of the work and cost thereof. C. Electrical work for this project shall include all items, articles, materials and the associated labor mentioned, schedules or shown in these specifications and in the accompanying drawings. D. Furnish and install all equipment, materials and any required incidental items required by good practice to complete the systems described herein. E. Refer to Division 01 for any listed Alternates and provide separate pricing and work as indicated in Division 01 and Contract Documents. 1.2 DEFINITIONS - Throughout contract documents these words and phrases are used: A. Contract documents - All drawings, specifications, addenda and change orders that document work to be done. B. Demolition – Carefully disconnect and remove items. All reasonable caution shall be taken to avoid damaging removed equipment and to retain its operability. C. Remove back to source - Remove all conduit and wire back to panelboard or last live device. D. Equivalent or equal - Product of like type and function that complies with all applicable provisions of drawings and specifications and which has been approved as substitute for specified item. E. Furnish - Purchase material as shown and specified, and place material to approved location on site or elsewhere as noted or agreed upon. F. Install - Set in place and connect, ready for use and in complete and properly operating finished condition. 281 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 2 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx G. Provide - Furnish and install with all products, labor, sub-contracts, and appurtenances required for a complete and properly operating, finished condition. H. Rough-in - Provide conduit raceway system with junction boxes, fittings, straps, BUSHINGS, etc., for future installation of wiring, devices, disconnects and breakers. Provision shall be made in panelboard (hardware, etc.) for future installation of breakers. I. Serviceable - Arranged so that component or product in question may be properly removed and replaced without disassembly, destruction or damage to surrounding installation. 1.3 CODES, STANDARDS AND REGULATIONS A. Codes - Perform all work in strict accordance with all applicable national, state and local codes; including, but not limited to latest legally enacted editions of following codes: 1. NFPA 70, National Electric Code – NEC 2. NFPA 72, National Fire Alarm Code 3. ANSI-C2, National Electrical Safety Code – NESC 4. International Building Code – IBC 5. International Fire Code – IFC 6. International Energy Conservation Code – IECC B. Standards - Reference to standards infers that installation, equipment and material shall be within limits for which it was designed, tested and approved, in conformance with current publications and standards of following organizations: 1. American National Standards Institute – ANSI 2. American Society for Testing and Materials – ASTM 3. American Society of Heating Refrigerating and Air Conditioning Engineers – ASHRAE (Standard 90-75) 4. Institute of Electrical and Electronics Engineers – IEEE 5. Insulated Cable Engineers Association – ICEA 6. National Electrical Contractors Association – NECA 7. National Electrical Manufacturers' Association – NEMA 8. National Fire Protection Association – NFPA 9. Occupational Safety and Health Administration – OSHA 10. Underwriters' Laboratories, Inc. – UL 11. Rules and Regulations of the State/Local Fire Marshal 12. Standards and Requirement of the Serving Utilities 13. State and Local Ordinances C. Regulations - Design has been performed in accordance with applicable regulations and guidelines noted below. Contractor shall carefully apply these regulations and bring any discrepancies to immediate attention of Architect/Engineer. 1. Americans with Disabilities Act – ADA 282 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 3 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx 1.4 FEES AND PERMITS A. Electrical Contractor shall pay for all permits or fees in connection with electrical work. Fees shall include any or all user fees, government fees, system development fees, connection fees or other fees that are required to be paid before systems can be connected or used. B. Schedule all required electrical inspections with local electrical inspector. Notify engineer of all items of discrepancy noted by electrical inspector if those items affect cost or function of system, or if they conflict with electrical drawings and specifications. C. A new electrical service is required to be provided as part of the project. The serving utility is NorthWestern Energy. All cost and fees resulting from the utility work performed by NorthWestern Energy for the installation of the new electrical service shall be the responsibility of the Owner. Contractor to coordinate all utility requirements, standards and responsibilities with NorthWestern Energy for a complete scope of work prior to bid. D. Deliver all inspection certificates to Owner/Engineer prior to final acceptance of work. 1.5 INTENT OF SPECIFICATIONS AND DRAWINGS A. Plans and specifications are intended to result in complete electrical installation in full compliance with all applicable codes, standards and ordinances. B. Plans and specifications are to supplement each other and any details contained in one shall be included as if contained in both. C. Electrical drawings shall serve as working drawings, but Architectural drawings shall take precedence if any dimensional discrepancies exist. D. Drawings are partly diagrammatic and do not show routing of conduits, exact location of products, or installation features in exact detail. Locations of devices, fixtures and equipment are approximate unless dimensioned. E. Riser diagrams and control schematics are not to scale and do not show physical arrangement of equipment. Do not use riser diagrams or schematics to obtain lineal conduit and cabling distances. F. Items are shown on drawings in locations to minimize interference with other equipment, structural members, etc. Exact finish locations are not indicated, however, and all work shall be done to avoid interference, preserve headroom and keep openings and passageways clear. G. In event that discrepancies of any kind exist or required items/details have been omitted, Contractor shall notify Architect/Engineer in writing of such discrepancy or omission at least ten days prior to bid date. Failure to do so shall be construed as willingness of Contractor to supply all necessary materials and labor required for proper completion of work. 283 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 4 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx 1.6 CONTRACTOR’S RESPONSIBILITY - Contractor shall be responsible for installation of complete and functional piece of work in accordance with true intent of contract documents. Provide all incidental items required for complete installation and satisfactory operation of all equipment, whether or not specifically noted in contract documents. A. QUALIFICATIONS 1. Contractor shall employ on this project, capable, experienced and reliable foreman and such skilled workmen as may be required for various classes of work to be performed. 2. Where special skills and certification are required, Contractor shall ensure that work is performed by individuals with required experience, skill and certification. 3. If, in Engineer's opinion, Contractor's employees do not possess necessary qualifications to perform specialty work, Contractor will be required to obtain services of workmen who are approved by manufacturer and certified by applicable agency or group. These workmen, if required, shall be provided at no additional expense. 4. Refer to other specification sections for additional required contractor qualifications and certification. B. LICENSING AND CERTIFICATION - All Division 26 work shall be accomplished by Electricians, licensed by state in which work is being done, certified as required, and skilled in their craft. C. COORDINATION 1. Contractor shall consult all contract documents, shop drawings of other trades, and actual building dimensions to predetermine that his work and equipment will fit as planned. Do not scale drawings for fabrication. No extra payment will be issued for materials or items which do not fit because of Contractor's failure to verify as- built building dimensions. 2. Contractor shall check location of fixtures, outlets, equipment, conduit, etc., to determine they clear all openings, structural members, piping, ducts and miscellaneous equipment having fixed locations. 3. Changes in location of electrical work, necessary due to obstacles or installation of other trades shown on contract documents, shall be made by Electrical Contractor at no extra cost. 4. Contractor shall coordinate with Plumbing and Mechanical Contractors to avoid installation of piping and ductwork above or below panelboards in violation of National Electrical Code. 5. Lay out all work in advance and avoid conflict with other work in progress. Physical dimensions shall be determined from architectural and structural plans. Verify locations for junction boxes, disconnect switches, stub-ups, etc., for connection to equipment furnished by others, or in other Divisions of this work. 6. Contractor shall coordinate and plan work to proceed with work of other trades. 7. Contractor shall inform General Contractor of all required openings in building structure for installation of electrical equipment. 284 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 5 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx 8. Contractor shall check dimensions of all electrical equipment installed, provided by himself or by others, so correct clearances and connections can be made. 9. Consulting all contract documents and shop drawings of other trades, contractor shall determine where electrical junction/pull boxes and equipment can be installed to maintain proper accessibility. Where accessibility cannot be maintained by judicious placement of boxes, Electrical Contractor shall coordinate with General Contractor to provide, fabricate, install, adjust, paint, etc. access doors through non-accessible floor, wall, and ceiling finishes to allow access to all electrical junction and pull boxes, electrical devices, electrical equipment, etc. at all required locations whether shown or not shown on plans. Electrical Contractor is responsible for determining size and location of the access doors. Report any conflicts to Architect/Engineer. 1.7 REVIEW A. All work and material is subject to review at any time by the Architect/Engineer or his representative. If the Architect/Engineer or his representative finds material that does not conform to these specifications or that is not properly installed or finished, correct the deficiencies in a manner satisfactory to the Architect/Engineer at the Contractor’s expense. 1.8 TEMPORARY FACILITIES A. ELECTRICAL UTILITIES 1. The Electrical Contractor shall provide temporary electrical power to the construction site as directed by the General Contractor. No connections to the owner’s system shall be allowed without owner’s written approval. Provide a separate utility service as required. 2. All Costs associated with temporary power, communications and utility cost shall be paid by to the General Contractor. 3. The Electrical Contractor shall provide temporary construction lighting as directed by the General Contractor to provide a safe working environment. 4. All temporary services are to be removed in their entirety prior to occupancy as directed by the General Contractor. B. PROTECTION DEVICES 1. The Electrical Contractor shall provide and maintain their own necessary barricades, fences, signal lights, etc., required by all governing authorities or shown on the drawings. When no longer needed, they shall be removed by the Contractor. C. TEMPORARY FIRE PROTECTION 1. The Electrical and Low-voltage Contractors shall provide all necessary first aid hand fire extinguishers for Class A, B, C and special hazards as may exist in his 285 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 6 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx own work area only in accordance with good and safe practice and as required by jurisdictional safety authority. 1.9 RECORD DOCUMENTS (AS-BUILT DRAWINGS) A. See requirements regarding record documents in General Division and Division 1. B. At beginning of work, Contractor shall set aside one complete set of drawings which shall be maintained as complete "As-Built" set. Drawings shall be updated daily in neat and legible manner and shall not be used for any other purpose. Drawings, specification, addenda, change orders, etc. shall be maintained at job site and available for review at any time. C. Show dimensioned location and routing of all electrical work that will become permanently concealed, cast in concrete or buried underground. D. Show complete routing and sizing of any significant revisions to systems shown. E. Show provisions for future connection, referenced to building lines or approved bench marks. F. Provide wiring diagrams for all individual communications systems as installed. Identify all components and show all wire and terminal numbers and connections. G. At completion of project, deliver drawings to Engineer for review. 1.10 WARRANTY A. The Contractor shall guarantee that all materials and labor installed are new and of first quality and that any material or labor found defective shall be replaced without cost to the Owner within one (1) year after substantial completion of the Contract or one (1) full season of heating and cooling operation, whichever is the greater. The guarantee shall list the date of the beginning of the one (1) year period, which shall be the date that the Substantial Completion Certificate is issued. B. Any damage to the building, caused by defective work or material of the Contractor within the above-mentioned period, shall be satisfactorily repaired without cost to the Owner. C. The guarantee does not include maintenance of equipment. The Owner shall accept full responsibility for proper operation and maintenance of equipment immediately upon substantial completion and occupancy of the building. D. Final acceptance by the Owner will not occur until all operating instructions are mounted in Equipment Rooms and Operating Personnel thoroughly indoctrinated in the operation of all electrical equipment by the Contractor. 286 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 7 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx E. No equipment installed as part of this project shall be used for temporary heat during construction. PART 2 - PRODUCTS 2.1 MATERIALS AND EQUIPMENT A. Manufacturer’s trade names and catalog numbers listed are intended to indicate the quality of equipment or materials desired. Manufacturers not listed in the specification will be considered substitutions and must have prior approval. B. See Division 01 for Substitutions Procedures. Requests for substitution are to be submitted sufficiently ahead of the deadline, to give ample time for examination. Prior approval request for substitution must indicate the specific item or items to be furnished in lieu of those scheduled, together with complete technical and comparative data on scheduled items and items proposed for substitution. C. If the engineer approves any proposed substitution, the approved product will be listed in an addendum. Bidders shall not rely on approval made in any other manner. D. Electrical equipment may be installed with manufacturer’s standard finish and color except where specific color, finish or choice is indicated. If the manufacturer has no standard finish, equipment shall have a prime coat and two finish coats of gray enamel. E. High altitude operation: Capacity of all equipment is to be sized and manufactured to perform at the elevation of the project site. If not specifically indicated in the equipment schedule or in the specifications provide all required accessories and equipment for proper operation at elevation of the project site. F. This Contractor shall be responsible for materials and equipment installed under this contract. Contractor shall also be responsible for the protection of materials and equipment of others from damage as a result of his work. G. Manufactured material and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by manufacturer unless herein specified to the contrary. H. This Contractor shall make the required arrangement with General Contractor or Construction Manager for the introduction into the building of equipment too large to pass through finished openings. I. Store materials and equipment indoors at the job site or, if this is not possible, store on raised platforms and protect from the weather by means of waterproof covers. Coverings shall permit circulation of air around the materials to prevent condensation of moisture. Screen or cap openings in equipment to prevent the entry of vermin. 287 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 8 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx 2.2 SUBSTITUTION OF MATERIALS - Where substituted equipment requires structural, architectural, mechanical, plumbing or electrical work that differs from basic design, cost of all changes, including re-design, shall be responsibility of contractor using substitution. A. APPROVED MANUFACTURERS 1. In general, one particular manufacturer and part number or series is listed to describe equipment. Equivalent equipment of other manufacturers listed for that item may be substituted without prior approval. It shall be Contractor's responsibility to ensure that item used for bidding purposes is truly equivalent to that specified. If it is not equivalent, it will be rejected at shop drawing review and Contractor shall supply specified item at his own cost. 2. It is understood that manufacturers listed may not actually have equivalent product to that specified. If contractor/distributor has any questions regarding desired product characteristics and suitability of proposed substitution, he is encouraged to submit for prior approval. Also, any manufacturer not listed shall be submitted for prior approval. B. PRIOR APPROVALS 1. Manufacturers not listed in specification or on schedule for a particular item are open for substitution prior to bid opening only. 2. Manufacturers desiring approval shall submit catalog cuts that define quality of product and ability to perform as specified. It is understood that no two manufactures use identical methods or make identical products. Any and all deviations from that specified shall be clearly noted. 3. Submittals shall arrive at Engineer at least ten (10) days prior to bid opening. All approvals will be listed in last addendum as being approved to bid. Items substituted, but not listed in contract documents, will not be considered if submitted on shop drawings. 4. Approval of substitute equipment is on basis of quality only. Materials supplier shall be responsible for his quotation reflecting proper selection of his particular equipment with regard to proper capacities, physical dimensions, requirements, intended function, finish, color, etc. Engineer will not give approval to specific model numbers or check capacities, dimensions, or requirements. Evaluation will be on basis of quality and equality to specified items. 5. Prior approval shall be obtained from engineer and no other entity (architect, owner, etc.) is authorized to give such approval. C. SAMPLES 1. Where, in Engineer/Architect's opinion, product sample is required in order to determine appearance, quality, workmanship or operation, Contractor shall submit actual production samples of item in question. 2. Samples will be returned to Contractor. Approved samples may be used. 3. All costs incurred in providing and returning samples will be Contractor's responsibility. 288 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 9 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx 2.3 PRODUCT AND SYSTEM SUBMITTALS A. Submittals will be required for each piece of equipment, material or product as noted in the table below. All submittal shall be submitted, reviewed and all discrepancies addressed prior to ordering equipment or starting work. Any equipment ordered without having first completed the submittal process is done at the risk of the contractor. Any work performed prior to completing the submittal process is done at the risk of the contractor. B. SUBMITTAL DEFINITIONS 1. Product Data: Provide manufacturers cut sheets that include general product information including but not limited to: Model Number, physical data, nominal capacities, rough-in requirements. 2. Performance Data: Provide detailed performance and capacities based on project specific requirements including but not limited to: voltage, phase, amperage, overcurrent protection, conductor size, conductor material, conduit size, color temperature, color rendering index, life expectance, efficacy, efficiency, IP ratings, light distribution types and lighting control. 3. Shop Drawings: Provide detailed drawings of the equipment showing overall dimensions, location of electrical connection, location of anchorage points, location of electrical and control panels, and all operating, service and maintenance clearances. 4. Delegated Design: Provide detailed drawings prepared and stamped by a registered Professional Engineer that detail pertinent design criterial, the materials and products to be installed and the required installation locations. 5. Wiring Diagram: Provide diagrams that identify and detail required field wiring. 6. Color Chart: Provide a physical color chart of material samples required for selection of equipment colors. 7. Sustainability Compliance: Provide literature that indicated a products compliance with LEED or Green Globes. See Division 01 for additional information and requirements. C. SUBMITTAL FORMATS 1. Include the following information with each submittal: a. Project Name b. Submittal Date c. Name of Architect d. Name of Engineer e. Name of General Contractor or Construction Manager f. Name of Sub-Contractor g. Name of firm or entity that prepared the submittal h. Unique Submittal Number i. Type of Submittal j. Specification Section k. Name or Mark of equipment or material and detail or drawings reference. 289 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 10 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx 2. All Submittal with the exception of color charts or material samples shall be electronically transmitted PDFs. All submittals over 8 Mb shall be setup on a share file site and access granted through email with folder’s link for download. D. SUBMITTAL REQUIREMENTS 1. Submittals shall be submitted as a complete specification section. The submittal must include all materials and equipment for that specification section. Submittals for individual materials of equipment will be rejected without review. 2. Submittals shall be complete, clearly show item used, size, dimensions, capacity, rough in, etc., as required for complete check and installation. Manufacturer’s literature showing more than one item shall be clearly marked as to which item is being furnished or it will be rejected and returned without review. 3. Each submittal shall be thoroughly checked by the Contractor for compliance with the Contract Document requirements, accuracy of dimensions, relationship to the work of other trades, and conformance with sound, safe practices as to erection and installation. Each submittal shall then bear a stamp evidencing such checking and shall show corrections made, if any. Submittals requiring extensive corrections shall be revised before submission. Each submittal not stamped and signed by the General and Electrical Contractors evidencing such checking will be rejected and returned without review. 4. On each submittal, clearly indicate deviations from requirements in the Contract Documents, including minor variations and limitations; include relevant additional information and revisions, other than those requested on previous submittals. Indicate by highlighting on each submittal or noting on attached separate sheet. 5. Review of the shop drawings and literature by the engineer shall not relieve the contractor for responsibility for deviations for the drawings or specifications, nor shall it relieve the contractor from responsibility for errors in the shop drawings or literature. It is the responsibility of the contractor to provide materials and equipment which meet the specifications and job requirements. 6. Luminaires submittals shall include dimensions, quality, distribution, color rendering index, color temperature, optics, photometrics, all listings (UL, DLC, Energy Star, Made in America, etc.), IP ratings, voltage, wattage, warranty, installation methods, control methods, efficacy, efficiency, diffuser options, emergency operation and any required accessories. Provide IES and Revit files upon request. E. ENGINEER'S REVIEW - Submittal review is for general design and arrangement only and does not relieve Contractor from any requirements of contract documents. Submittals will not be checked for quantity, dimension, fit or proper technical design of manufactured equipment. Where product or system performance deviations have not been specifically noted in submittal by Contractor, Engineer's review will not relieve Contractor's responsibility to provide complete and satisfactory working installation of equal quality and performance to specified system. Ordering, manufacture, shipment or installation of equipment prior to receipt of Engineer's written review is strictly at Contractor's risk and all costs associated with shipping, changes, replacement or restocking shall be Contractor's responsibility. 290 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 11 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx 2.4 SUB-CONTRACTORS - With shop drawing submittals, Contractor shall submit list of all sub-contractors to be used for the project. 2.5 OPERATION AND MAINTENANCE MANUALS A. Operation and Maintenance Manuals (O&M Manuals) shall contain: 1. Names and contact information for the Project Architect, Project Engineer. 2. Names and contact information for the General Contractor or Construction Manager. 3. Names and contact information for sub-contractors. 4. Installation, maintenance and operating instructions for each piece of equipment. 5. Parts lists 6. Wiring Diagrams 7. Equipment Start-up and inspection certificates 8. Test and Balance Reports 9. Commissioning Reports 10. Copies of Equipment Warranties 11. Copies of Submittals 12. Record Drawings. 13. Training DVD’s. B. Prior to substantial completion submit an electronic copy of the O&M manual in PDF format to the Architect, Engineer and Owner for Review and approval. The PDF shall be one file with an index and hyperlinks to each section. Individual bound PDFs without automated navigation will be rejected. All O&M data shall be grouped by the equipment type and ordered by the specification numbering. C. Prior to final payment a final electronic copy of the O&M manual on an archival quality DVD as well as two printed copies shall be furnished to the owner. Printed copies shall have commercial quality 8-1/2” x 11” 3-ring binders with tabbed dividers for each section. PART 3 - EXECUTION 3.1 SITE EXAMINATION A. Prior to submitting bid, Contractor shall visit site of proposed work and familiarize himself with conditions affecting work. Allowance shall be made in bid for these conditions and no additional allowance shall be granted because of lack of knowledge of such conditions. B. Contractor shall verify all measurements at building site. 291 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 12 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx 3.2 CUTTING AND PATCHING A. Obtain written permission of Architect/Engineer before cutting or piercing structural members. B. Sleeves through floors and walls shall be black iron pipe, flush with walls, ceilings or finished floors, sized to accommodate raceway. Grout all penetrations through concrete walls or floors. Holes through existing concrete and concrete block (CMU) shall be core drilled. 3.3 CLEAN-UP AND COMMISSIONING A. DURING CONSTRUCTION - Throughout construction, keep work area reasonably neat and orderly by periodic clean-ups. B. COMMISSIONING - As independent parts of construction are completed, they may be commissioned and utilized during construction. See various sections for restrictions. C. AT COMPLETION OF WORK 1. Clean equipment of dirt and debris, including interior of panels, outlet boxes, etc. Remove labels from and clean all fixture lenses. 2. Remove materials, scraps, etc., relative to this work and leave premises in clean and orderly condition. This includes all tunnels, attics, ceiling and crawl spaces. 3. Remove all temporary facilities and restore to conditions present prior to work. 3.4 PROJECT COMPLETION AND DEMONSTRATION A. TESTING 1. Prior to final test, all switches, panelboards, devices, and fixtures shall be in place. 2. At completion of work, or upon request from Architect/Engineer, place entire electrical installation, and/or any portion thereof, in operation to demonstrate satisfactory operation. 3. All electrical systems shall be free from short circuits and unintentional grounds. 4. Furnish one (1) copy of certified test results to Architect/Engineer prior to final inspection and include one (1) copy in each Brochure of Equipment. B. ADJUSTMENTS 1. Make all changes necessary to balance connected electrical loads on complete system. Arrange for balanced conditions of circuits under connected load demands, as contemplated by normal working conditions. Final load and balance test shall be demonstrated in presence of Architect/Engineer. 2. Immediately correct all deficiencies which are evidenced during tests and repeat tests until system is approved. Do not cover or conceal electrical installations until satisfactory tests are made and approved. 292 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 13 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx C. FINAL WALK-THRU 1. Conduct operating tests during final inspection. Demonstrate installation to operate satisfactorily in accordance with requirements of Contract Documents. Should any portion of installation fail to meet requirements of Contract Documents, repair or replace items failing to meet requirements until items can be demonstrated to comply. 2. Have instruments available for measuring light intensities, voltage and current values and for demonstration of continuity, grounds, or open circuit conditions. 3. Furnish personnel to assist in taking measurements and making tests. In event that systems are not complete and fully operational at time of final inspection, all costs of any subsequent inspections shall be borne by Contractor at no additional cost to Owner. 3.5 OWNER ORIENTATION AND TRAINING A. GENERAL 1. The system training is intended to familiarize the Owner’s operating and maintenance staff with all systems requiring maintenance. Training is to be provided after the systems are in place and operational, after issues noted during commissioning have been resolved, and before final acceptance. 2. Provide second set of training sessions for automatic control systems about 6-9 months after the first sessions. 3. All Training shall be videotaped and reproduced on DVD’s and given to the owner. Provide a copy for each O&M manual produced. 4. See Individual specification sections for additional training requirements. B. ATTENDANCE 1. Training is to be provided by contractor’s representatives that are familiar with the system’s operation and maintenance requirements. Individual training sessions (modules) are to provided for each type or group of systems, separated roughly by trade group that will be performing maintenance on the system. C. SCHEDULE 1. Duplicate training sessions are to be provided for each training module, so that Owner’s operating personnel can be split into two groups during training. Duplicate training sessions to be scheduled on different days. Length of training sessions will be determined by scope of training indicated below, and as coordinated with Owner after draft copy of training documents have been reviewed. D. TRAINING DOCUMENTATION 1. Contractor to submit draft copy of agenda and training documents to Owner for review at least two weeks prior to training date. 293 SECTION 260010 DIVISION 26 - ELECTRICAL GENERAL ELECTRICAL REQUIREMENTS 260010 - 14 of 14 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260010 - General Electrical Requirements.docxx 2. Provide a copy of the following items for each person that will be attending the training sessions. Coordinate required number with the Owner. a. Training agenda. b. Summary of new systems and existing systems affected by this project. c. Summary of work performed under this project. d. Control system drawings and sequences of operation. e. List of important maintenance and trouble-shooting operations for all systems. 3. Provide minimum of 2 copies of following items: a. Contract documents including all drawings, specifications, addendums, and change orders. E. TRAINING SESSIONS 1. Assemble at location to be determined by the Owner. 2. Distribute training documentation as indicated above. 3. Provide classroom style training if required for orientation, discussion of new systems and existing systems affected by this project, and other issues appropriate for a classroom format. 4. Visit site and review locations, and perform detailed review of operation and maintenance requirements for current systems. 5. All training session shall be video recorded and distributed to the owner upon completion in DVD format, or owner desired format. Include all training videos in the O&M manual. END OF SECTION 260010 294 SECTION 260519 LOW-VOLTAGE ELECTRICAL DIVISION 26 - ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 1 of 4 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260519 - Low-Voltage Electrical Power Conductors and Cables.docxx SECTION 260519 - LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Copper building wire rated 600 V or less. 2. Connectors, splices, and terminations rated 600 V and less. 3. VFD cables B. Related Requirements: 1. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. PART 2 - PRODUCTS 2.1 COPPER BUILDING WIRE A. Description: Flexible, insulated and uninsulated, drawn copper current-carrying conductor with an overall insulation layer or jacket, or both, rated 600 V or less. B. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1.Alcan Products Corporation; Alcan Cable Division. 2.Alpha Wire Company. 3.Belden Inc. 4. Cerro Wire LLC. 5.Encore Wire Corporation. 6.General Cable Technologies Corporation. 7. Okonite Company. 8. Service Wire Co. 9.Southwire Incorporated. 10. WESCO 295 SECTION 260519 LOW-VOLTAGE ELECTRICAL DIVISION 26 - ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 2 of 4 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260519 - Low-Voltage Electrical Power Conductors and Cables.docxx C. Standards: 1. Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and use. 2. RoHS compliant. 3. Conductor and Cable Marking: Comply with wire and cable marking according to UL's "Wire and Cable Marking and Application Guide." D. Conductors: Copper, complying with ASTM B 3 for bare annealed copper and with ASTM B 8 for stranded conductors. E. Conductor Insulation: 1. Type USE-2 and Type SE: Comply with UL 854. 2. Type THHN and Type THWN-2: Comply with UL 83. 3. Type THW-2: Comply with NEMA WC-70/ICEA S-95-658 and UL 83. 4. Type XHHW-2: Comply with UL 44. 2.2 VARIABLE FREQUENCY CONTROLLER OUTPUT POWER CABLES A. 1000V UL Flexible Motor Supply Cable B. 3 conductors with one full conductor insulated ground (12AWG to 2AWG) or 3 symmetrical bare copper grounds (1AWG to 4/0AWG). If VFC output power cables are installed in parallel in the same raceway, auxiliary gutter, or cable tray, a single equipment grounding conductor that is sized in accordance with Table 250.122 of the NEC, shall be required in combination with the equipment grounding conductors provided in the VFC output power cable and all be connected together. C. UL direct burial, Type XHHW-2, RHW-2 rated circuit conductors, PVC jacketed, shielded Type TC cable with XLPE insulation, 90 degree Celsius, Wet/Dry. 2.3 CONNECTORS AND SPLICES A. Description: Factory-fabricated connectors, splices, and lugs of size, ampacity rating, material, type, and class for application and service indicated; listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and use. B. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. 3M Electrical Products 2.AFC Cable Systems, Inc. 3.Gardner Bender. 4.Hubbell Power Systems, Inc. 5.Ideal Industries, Inc. 296 SECTION 260519 LOW-VOLTAGE ELECTRICAL DIVISION 26 - ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 3 of 4 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260519 - Low-Voltage Electrical Power Conductors and Cables.docxx 6.Ilsco; a branch of Bardes Corporation. 7.NSi Industries LLC. 8.O-Z/Gedney; a brand of the EGS Electrical Group. 9. Service Wire Co. 10.TE Connectivity Ltd. 11. Thomas and Betts Corp PART 3 - EXECUTION 3.1 CONDUCTOR MATERIAL APPLICATIONS A. Feeders and Branch Circuits: Copper; solid for No. 10 AWG and smaller; stranded for No. 8 AWG and larger. 3.2 CONDUCTOR INSULATION AND WIRING METHODS A. Service Entrance: Type THHN/THWN-2, single conductors in raceway. B. Feeders: Type THHN/THWN-2, single conductors in raceway. C. Branch Circuits: Type THHN/THWN-2, single conductors in raceway. D. Cord Drops and Portable Appliance Connections: Type SO, hard service cord with stainless-steel, wire-mesh, strain relief device at terminations to suit application. 3.3 INSTALLATION OF CONDUCTORS AND CABLES A. Complete raceway installation between conductor and cable termination points according to Section 260533 "Raceways and Boxes for Electrical Systems" prior to pulling conductors and cables. B. Use manufacturer-approved pulling compound or lubricant where necessary; compound used must not deteriorate conductor or insulation. Do not exceed manufacturer's recommended maximum pulling tensions and sidewall pressure values. C. Use pulling means, including fish tape, cable, rope, and basket-weave wire/cable grips, that will not damage cables or raceway. D. Install exposed cables parallel and perpendicular to surfaces of exposed structural members, and follow surface contours where possible. E. Support cables according to Section 260529 "Hangers and Supports for Electrical Systems." F.Provide a dedicated neutral conductor for each 120 V branch circuit. 297 SECTION 260519 LOW-VOLTAGE ELECTRICAL DIVISION 26 - ELECTRICAL POWER CONDUCTORS AND CABLES 260519 - 4 of 4 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260519 - Low-Voltage Electrical Power Conductors and Cables.docxx 3.4 CONNECTIONS A. Tighten electrical connectors and terminals according to manufacturer's published torque-tightening values. If manufacturer's torque values are not indicated, use those specified in UL 486A-486B. B. Make splices, terminations, and taps that are compatible with conductor material and that possess equivalent or better mechanical strength and insulation ratings than unspliced conductors. C. Wiring at Outlets: Install conductor at each outlet, with at least 6 inches (150 mm) of slack. 3.5 IDENTIFICATION A. Identify and color-code conductors and cables according to Section 260553 "Identification for Electrical Systems." B. Identify each spare conductor at each end with identity number and location of other end of conductor, and identify as spare conductor. END OF SECTION 260519 298 SECTION 260526 GROUNDING AND BONDING DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260526 - 1 of 7 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260526 - Grounding and Bonding for Electrical Systems.docxx SECTION 260526 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. RATIONALE – Grounding provides the foundation to the entire electrical system. This system is designed to: 1. Protect personnel. 2. Minimize damage to equipment and property in the event of high fault current situations, 3. Improve overall electrical system reliability, and 4. Minimize the effects of transient overvoltages. B. Section includes grounding and bonding systems and equipment. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product. 1.4 INFORMATIONAL SUBMITTALS A. Coordination Drawings: Plans showing dimensioned as-built locations of grounding features specified in "Field Quality Control" Article. 1. Ground rods B. Qualification Data: For testing agency and testing agency's field supervisor. C. Field quality-control reports. D. Photographs of ground rod installation prior to burial. E. Photographs of Cadweld connections to rebar and building steel. F. Photographs of connection to water service and all bonding jumpers. 299 SECTION 260526 GROUNDING AND BONDING DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260526 - 2 of 7 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260526 - Grounding and Bonding for Electrical Systems.docxx G. Certified test results from ground resistance measurements. PART 2 - PRODUCTS 2.1 SYSTEM DESCRIPTION A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with UL 467 for grounding and bonding materials and equipment. 2.2 CONDUCTORS A. Insulated Conductors: Copper wire or cable insulated for 600 V unless otherwise required by applicable Code or authorities having jurisdiction. B. Equipment and wiring device grounding conductor shall be as follows: 1. Bare copper or have green insulation of same type as circuit conductors (larger wires may be permanently marked with green). 2. Properly sized in accordance with the NEC. C. Bare Copper Conductors: 1. Solid Conductors: ASTM B 3. 2. Stranded Conductors: ASTM B 8. 3. Tinned Conductors: ASTM B 33. 4. Bonding Cable: 28 kcmil, 14 strands of No. 17 AWG conductor, 1/4 inch (6 mm) in diameter. 5. Bonding Conductor: No. 4 or No. 6 AWG, stranded conductor. 6. Bonding Jumper: Copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches (41 mm) wide and 1/16 inch (1.6 mm) thick. 7. Tinned Bonding Jumper: Tinned-copper tape, braided conductors terminated with copper ferrules; 1-5/8 inches (41 mm) wide and 1/16 inch (1.6 mm) thick. D. Grounding Bus: Predrilled rectangular bars of annealed copper, 1/4 by 4 inches (6.3 by 100 mm) in cross section, with 9/32-inch (7.14-mm) holes spaced 1-1/8 inches (28 mm) apart. Stand-off insulators for mounting shall comply with UL 891 for use in switchboards, 600 V and shall be Lexan or PVC, impulse tested at 5000 V. 300 SECTION 260526 GROUNDING AND BONDING DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260526 - 3 of 7 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260526 - Grounding and Bonding for Electrical Systems.docxx 2.3 CONNECTORS A. Listed and labeled by an NRTL acceptable to authorities having jurisdiction for applications in which used and for specific types, sizes, and combinations of conductors and other items connected. B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy, pressure type with at least two bolts. 1. Pipe Connectors: Clamp type, sized for pipe. C. Welded Connectors: Exothermic-welding kits of types recommended by kit manufacturer for materials being joined and installation conditions. D. Bus-Bar Connectors: Mechanical type, cast silicon bronze, solderless compression-type wire terminals, and long-barrel, two-bolt connection to ground bus bar. E. Beam Clamps: Mechanical type, terminal, ground wire access from four directions, with dual, tin-plated or silicon bronze bolts. F. Cable-to-Cable Connectors: Compression type, copper or copper alloy. G. Conduit Hubs: Mechanical type, terminal with threaded hub. H. Ground Rod Clamps: Mechanical type, copper or copper alloy, terminal with hex head bolt. I. Lay-in Lug Connector: Mechanical type, copper rated for direct burial terminal with set screw. J. Service Post Connectors: Mechanical type, bronze alloy terminal, in short- and long-stud lengths, capable of single and double conductor connections. K. Signal Reference Grid Clamp: Mechanical type, stamped-steel terminal with hex head screw. L. Straps: Solid copper, copper lugs. Rated for 600 A. M. Tower Ground Clamps: Mechanical type, copper or copper alloy, terminal one-piece clamp. N. U-Bolt Clamps: Mechanical type, copper or copper alloy, terminal listed for direct burial. O. Water Pipe Clamps: 1. Mechanical type, two pieces with zinc-plated bolts. a. Material: Die-cast zinc alloy. b. Listed for direct burial. 301 SECTION 260526 GROUNDING AND BONDING DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260526 - 4 of 7 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260526 - Grounding and Bonding for Electrical Systems.docxx 2.4 GROUNDING ELECTRODES A. Ground Rods: Copper-clad steel; 3/4 inch by 10 feet (19 mm by 3 m). PART 3 - EXECUTION 3.1 APPLICATIONS A. Conductors: Install solid conductor for No. 10 AWG and smaller, and stranded conductors for No. 8 AWG and larger unless otherwise indicated. B. Grounding Bus: Install in electrical equipment rooms, in rooms housing service equipment, and elsewhere as indicated. 1. Install bus horizontally, on insulated spacers 2 inches (50 mm) minimum from wall, 6 inches (150 mm) above finished floor unless otherwise indicated. C. Conductor Terminations and Connections: 1. Pipe and Equipment Grounding Conductor Terminations: Bolted connectors. 2. Underground Connections: Welded connectors except at test wells and as otherwise indicated. 3. Connections to Ground Rods at Test Wells: Bolted connectors. 4. Connections to Structural Steel: Welded connectors. 5. Any threaded bolt connectors shall be torqued in accordance with manufacturer’s guidelines. 3.2 GROUNDING AT THE SERVICE A. Equipment grounding conductors and grounding electrode conductors shall be connected to the ground bus. Install a main bonding jumper between the neutral and ground buses. 3.3 EQUIPMENT GROUNDING A. Install insulated equipment grounding conductors with all feeders and branch circuits. Do not rely on conduit for the grounding path. B. Multiple circuits sharing a raceway may share a single grounding conductor if all of the following requirements are met: 1. All circuits originate in the same panel. 2. No more than three single pole circuits may share a ground conductor. 3. Size the ground conductor for the largest circuit. 302 SECTION 260526 GROUNDING AND BONDING DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260526 - 5 of 7 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260526 - Grounding and Bonding for Electrical Systems.docxx C. Install insulated equipment grounding conductors with the following items, in addition to those required by NFPA 70: 1. Feeders and branch circuits. 2. Lighting circuits. 3. Receptacle circuits. 4. Single-phase motor and appliance branch circuits. 5. Three-phase motor and appliance branch circuits. 6. Flexible raceway runs. 7. Armored and metal-clad cable runs. D. Water Heater, Heat-Tracing, and Antifrost Heating Cables: Install a separate insulated equipment grounding conductor to each electric water heater and heat-tracing cable. Bond conductor to heater units, piping, connected equipment, and components. 3.4 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. B. Ground Rods: Drive rods until tops are 2 inches (50 mm) below finished floor or final grade unless otherwise indicated. 1. Interconnect ground rods with grounding electrode conductor below grade and as otherwise indicated. Make connections without exposing steel or damaging coating if any. 2. For grounding electrode system, install at least 2 rods spaced at least one-rod length from each other and located at least the same distance from other grounding electrodes, and connect to the service grounding electrode conductor. C. Bonding Straps and Jumpers: Install in locations accessible for inspection and maintenance except where routed through short lengths of conduit. 1. Bonding to Structure: Bond straps directly to basic structure, taking care not to penetrate any adjacent parts. 2. Bonding to Equipment Mounted on Vibration Isolation Hangers and Supports: Install bonding so vibration is not transmitted to rigidly mounted equipment. 3. Use exothermic-welded connectors for outdoor locations; if a disconnect-type connection is required, use a bolted clamp. D. Grounding and Bonding for Piping: 1. Metal Water Service Pipe: Install insulated copper grounding conductors, in conduit, from building's main service equipment, or grounding bus, to main metal water service entrances to building. Connect grounding conductors to main metal water service pipes; use a bolted clamp connector or bolt a lug-type connector to a pipe flange by using one of the lug bolts of the flange. Where a dielectric main 303 SECTION 260526 GROUNDING AND BONDING DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260526 - 6 of 7 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260526 - Grounding and Bonding for Electrical Systems.docxx water fitting is installed, connect grounding conductor on street side of fitting. Bond metal grounding conductor conduit or sleeve to conductor at each end. 2. Water Meter Piping: Use braided-type bonding jumpers to electrically bypass water meters. Connect to pipe with a bolted connector. 3. Bond each aboveground portion of gas piping system downstream from equipment shutoff valve. E. Ufer Ground (Concrete-Encased Grounding Electrode): Fabricate according to NFPA 70, and as detailed on drawings. If drawing does not provide Ufer ground detail install the grounding electrode as defined below: 1. Use a minimum of 20 feet (6 m) of bare copper conductor not smaller than No. 4 AWG. 2. If concrete foundation is less than 20 feet (6 m) long, coil excess conductor within base of foundation. 3. Bond grounding conductor to reinforcing steel in at least four locations and to anchor bolts. Extend grounding conductor below grade and connect to building's grounding grid or to grounding electrode external to concrete. F. Structural Steel: When available, bond structural steel to grounding electrode system, according to NFPA 70. 3.5 FIELD QUALITY CONTROL A. Perform tests and inspections. B. Tests and Inspections: 1. After installing grounding system but before permanent electrical circuits have been energized, test for compliance with requirements. 2. Inspect physical and mechanical condition. Verify tightness of accessible, bolted, electrical connections with a calibrated torque wrench according to manufacturer's written instructions. 3. Test completed grounding system at each location where a maximum ground- resistance level is specified, at service disconnect enclosure grounding terminal, and at individual ground rods. Make tests at ground rods before any conductors are connected. a. Measure ground resistance no fewer than two full days after last trace of precipitation and without soil being moistened by any means other than natural drainage or seepage and without chemical treatment or other artificial means of reducing natural ground resistance. b. Perform tests by fall-of-potential method according to IEEE 81. 4. Prepare dimensioned Drawings locating each test well, ground rod and ground- rod assembly, and other grounding electrodes. Identify each by letter in alphabetical order, and key to the record of tests and observations. Include the number of rods driven and their depth at each location, and include observations 304 SECTION 260526 GROUNDING AND BONDING DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260526 - 7 of 7 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260526 - Grounding and Bonding for Electrical Systems.docxx of weather and other phenomena that may affect test results. Describe measures taken to improve test results. C. Grounding system will be considered defective if it does not pass tests and inspections. D. Prepare test and inspection reports. E. Report measured ground resistances that exceed 25 ohms to ground. F. Excessive Ground Resistance: If resistance to ground exceeds specified values, notify Architect promptly and include recommendations to reduce ground resistance. END OF SECTION 260526 305 SECTION 260529 HANGERS AND SUPPORTS DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260529 - 1 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260529 - Hangers and Supports for Electrical Systems.docxx SECTION 260529 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Steel slotted support systems. 2. Conduit and cable support devices. 3. Support for conductors in vertical conduit. 4. Structural steel for fabricated supports and restraints. 5. Mounting, anchoring, and attachment components, including powder-actuated fasteners, mechanical expansion anchors, concrete inserts, clamps, through bolts, toggle bolts, and hanger rods. 6. Fabricated metal equipment support assemblies. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. 1.3 INFORMATIONAL SUBMITTALS A. Seismic Qualification Data: Certificates, for hangers and supports for electrical equipment and systems, accessories, and components, from manufacturer. 1.4 COORDINATION A. Coordinate size and location of concrete bases. Cast anchor-bolt inserts into bases. Concrete, reinforcement, and formwork requirements are specified together with concrete Specifications. B. Coordinate installation of roof curbs, equipment supports, and roof penetrations. PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Seismic Performance: Hangers and supports shall withstand the effects of earthquake motions determined according to ASCE/SEI 7. 306 SECTION 260529 HANGERS AND SUPPORTS DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260529 - 2 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260529 - Hangers and Supports for Electrical Systems.docxx 1. The term "withstand" means "the supported equipment and systems will remain in place without separation of any parts when subjected to the seismic forces specified and the supported equipment and systems will be fully operational after the seismic event." 2.2 SUPPORT, ANCHORAGE, AND ATTACHMENT COMPONENTS A. Steel Slotted Support Systems: Preformed steel channels and angles with minimum 13/32-inch- (10-mm-) diameter holes at a maximum of 8 inches (200 mm) o.c. in at least one surface. 1.Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: a.Allied Tube & Conduit; a part of Atkore International. b.B-line, an Eaton business. c.ERICO International Corporation. d.Flex-Strut Inc. e.Gripple Inc. f.G-Strut. g.Thomas & Betts Corporation; A Member of the ABB Group. h.Unistrut; Part of Atkore International. 2. Standard: Comply with MFMA-4 factory-fabricated components for field assembly. 3. Material for Channel, Fittings, and Accessories: Galvanized steel. 4. Channel Width: Selected for applicable load criteria. 5. Metallic Coatings: Hot-dip galvanized after fabrication and applied according to MFMA-4. 6. Nonmetallic Coatings: Manufacturer's standard PVC, polyurethane, or polyester coating applied according to MFMA-4. 7. Painted Coatings: Manufacturer's standard painted coating applied according to MFMA-4. 8. Protect finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. B. Conduit and Cable Support Devices: Steel hangers, clamps, and associated fittings, designed for types and sizes of raceway or cable to be supported. C. Support for Conductors in Vertical Conduit: Factory-fabricated assembly consisting of threaded body and insulating wedging plug or plugs for nonarmored electrical conductors or cables in riser conduits. Plugs shall have number, size, and shape of conductor gripping pieces as required to suit individual conductors or cables supported. Body shall be made of malleable iron. D. Structural Steel for Fabricated Supports and Restraints: ASTM A 36/A 36M steel plates, shapes, and bars; black and galvanized. 307 SECTION 260529 HANGERS AND SUPPORTS DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260529 - 3 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260529 - Hangers and Supports for Electrical Systems.docxx E. Mounting, Anchoring, and Attachment Components: Items for fastening electrical items or their supports to building surfaces include the following: 1. Powder-Actuated Fasteners: Threaded-steel stud, for use in hardened portland cement concrete, steel, or wood, with tension, shear, and pullout capacities appropriate for supported loads and building materials where used. 2. Mechanical-Expansion Anchors: Insert-wedge-type, zinc-coated steel, for use in hardened portland cement concrete, with tension, shear, and pullout capacities appropriate for supported loads and building materials where used. 3. Concrete Inserts: Steel or malleable-iron, slotted support system units are similar to MSS Type 18 units and comply with MFMA-4 or MSS SP-58. 4. Clamps for Attachment to Steel Structural Elements: MSS SP-58 units are suitable for attached structural element. 5. Through Bolts: Structural type, hex head, and high strength. Comply with ASTM A 325. 6. Toggle Bolts: All-steel springhead type. 7. Hanger Rods: Threaded steel. 2.3 FABRICATED METAL EQUIPMENT SUPPORT ASSEMBLIES A. Description: Welded or bolted structural-steel shapes, shop or field fabricated to fit dimensions of supported equipment. PART 3 - EXECUTION 3.1 APPLICATION A. Comply with the following standards for application and installation requirements of hangers and supports, except where requirements on Drawings or in this Section are stricter: 1. NECA 1. 2. NECA 101 3. NECA 102. 4. NECA 105. 5. NECA 111. B. Comply with requirements for firestopping materials and installation for penetrations through fire-rated walls, ceilings, and assemblies. C. Comply with requirements for raceways and boxes specified in Section 260533 "Raceways and Boxes for Electrical Systems." D. Maximum Support Spacing and Minimum Hanger Rod Size for Raceways: Space supports for EMT, IMC, and RMC as required by NFPA 70. Minimum rod size shall be 1/4 inch (6 mm) in diameter. 308 SECTION 260529 HANGERS AND SUPPORTS DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260529 - 4 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260529 - Hangers and Supports for Electrical Systems.docxx E. Multiple Raceways or Cables: Install trapeze-type supports fabricated with steel slotted support system, sized so capacity can be increased by at least 25 percent in future without exceeding specified design load limits. 1. Secure raceways and cables to these supports with two-bolt conduit clamps. F. Spring-steel clamps designed for supporting single conduits without bolts may be used for 1-1/2-inch (38-mm) and smaller raceways serving branch circuits and communication systems above suspended ceilings, and for fastening raceways to trapeze supports. 3.2 SUPPORT INSTALLATION A. Comply with NECA 1 and NECA 101 for installation requirements except as specified in this article. B. Raceway Support Methods: In addition to methods described in NECA 1, EMT, IMC and RMC may be supported by openings through structure members, according to NFPA 70. C. Strength of Support Assemblies: Where not indicated, select sizes of components so strength will be adequate to carry present and future static loads within specified loading limits. Minimum static design load used for strength determination shall be weight of supported components plus 200 lb (90 kg). D. Mounting and Anchorage of Surface-Mounted Equipment and Components: Anchor and fasten electrical items and their supports to building structural elements by the following methods unless otherwise indicated by code: 1. To Wood: Fasten with lag screws or through bolts. 2. To New Concrete: Bolt to concrete inserts. 3. To Masonry: Approved toggle-type bolts on hollow masonry units and expansion anchor fasteners on solid masonry units. 4. To Existing Concrete: Expansion anchor fasteners. 5. Instead of expansion anchors, powder-actuated driven threaded studs provided with lock washers and nuts may be used in existing standard-weight concrete 4 inches (100 mm) thick or greater. Do not use for anchorage to lightweight- aggregate concrete or for slabs less than 4 inches (100 mm) thick. 6. To Steel: Beam clamps (MSS SP-58,Type 19, 21, 23, 25, or 27), complying with MSS SP-69. 7. To Light Steel: Sheet metal screws. 8. Items Mounted on Hollow Walls and Nonstructural Building Surfaces: Mount cabinets, panelboards, disconnect switches, control enclosures, pull and junction boxes, transformers, and other devices on slotted-channel racks attached to substrate by means that comply with seismic-restraint strength and anchorage requirements. E. Drill holes for expansion anchors in concrete at locations and to depths that avoid the need for reinforcing bars. 309 SECTION 260529 HANGERS AND SUPPORTS DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260529 - 5 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260529 - Hangers and Supports for Electrical Systems.docxx 3.3 INSTALLATION OF FABRICATED METAL SUPPORTS A. Cut, fit, and place miscellaneous metal supports accurately in location, alignment, and elevation to support and anchor electrical materials and equipment. B. Field Welding: Comply with AWS D1.1/D1.1M. 3.4 CONCRETE BASES A. Construct concrete bases of dimensions indicated but not less than 4 inches (100 mm) larger in both directions than supported unit, and so anchors will be a minimum of 10 bolt diameters from edge of the base. B. Use 3000-psi (20.7-MPa), 28-day compressive-strength concrete. C. Anchor equipment to concrete base. 1. Place and secure anchorage devices. Use supported equipment manufacturer's setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 2. Install anchor bolts to elevations required for proper attachment to supported equipment. 3. Install anchor bolts according to anchor-bolt manufacturer's written instructions. END OF SECTION 260529 310 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 1 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx SECTION 260533 - RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Metal conduits and fittings. 2. Nonmetallic conduits and fittings. 3. Metal wireways and auxiliary gutters. 4. Boxes, enclosures, and cabinets. 5. Handholes and boxes for exterior underground cabling. 1.2 ACTION SUBMITTALS A. Product Data: For surface raceways, wireways and fittings, floor boxes, hinged-cover enclosures, and cabinets. 1.3 INFORMATIONAL SUBMITTALS A. Seismic Qualification Data: Certificates, for enclosures, cabinets, and conduit racks and their mounting provisions, including those for internal components, from manufacturer. PART 2 - PRODUCTS 2.1 METAL CONDUITS AND FITTINGS A. Metal Conduit: 1.Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: a.Allied Tube & Conduit; a part of Atkore International. b.Electri-Flex Company. c.O-Z/Gedney; a brand of Emerson Industrial Automation. d.Patriot Aluminum Products, LLC. e.Perma-Cote. f.Picoma Industries, Inc. g.Plasti-Bond. h.Republic Conduit. 311 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 2 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx i.Southwire Company. j.Thomas & Betts Corporation; A Member of the ABB Group. k.Western Tube and Conduit Corporation. 2. Listing and Labeling: Metal conduits, tubing, and fittings shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 3. GRC: Comply with ANSI C80.1 and UL 6. 4. IMC: Comply with ANSI C80.6 and UL 1242. 5. PVC-Coated Steel Conduit: PVC-coated rigid steel conduit. a. Comply with NEMA RN 1. b. Coating Thickness: 0.040 inch, minimum. 6. EMT: Comply with ANSI C80.3 and UL 797. 7. FMC: Comply with UL 1; zinc-coated steel. 8. LFMC: Flexible steel conduit with PVC jacket and complying with UL 360. B. Metal Fittings: Comply with NEMA FB 1 and UL 514B. 1. Listing and Labeling: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 2. Fittings, General: Listed and labeled for type of conduit, location, and use. 3. Conduit Fittings for Hazardous (Classified) Locations: Comply with UL 1203 and NFPA 70. 4. Fittings for EMT: a. Material: Steel. b. Type: Setscrew. 5. Expansion Fittings: PVC or steel to match conduit type, complying with UL 651, rated for environmental conditions where installed, and including flexible external bonding jumper. 6. Coating for Fittings for PVC-Coated Conduit: Minimum thickness of 0.040 inch, with overlapping sleeves protecting threaded joints. C. Joint Compound for IMC, GRC: Approved, as defined in NFPA 70, by authorities having jurisdiction for use in conduit assemblies, and compounded for use to lubricate and protect threaded conduit joints from corrosion and to enhance their conductivity. 2.2 NONMETALLIC CONDUITS AND FITTINGS A. Nonmetallic Conduit: 1.Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: 312 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 3 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx a.Arnco Corporation. b.CANTEX INC. c.CertainTeed Corporation. d.Champion Fiberglass, Inc. e.Condux International, Inc. f.Electri-Flex Company. g.FRE Composites. h.Kraloy. i.Lamson & Sessions. j.Niedax Inc. k.RACO; Hubbell. l.Thomas & Betts Corporation; A Member of the ABB Group. B. Listing and Labeling: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 1. RNC: Type EPC-40-PVC or Type EPC-80-PVC, complying with NEMA TC 2 and UL 651 unless otherwise indicated. 2. LFNC: Comply with UL 1660. 3. Rigid HDPE: Comply with UL 651A. 4. Continuous HDPE: Comply with UL 651B. C. Nonmetallic Fittings: 1. Fittings, General: Listed and labeled for type of conduit, location, and use. 2. Fittings for ENT and RNC: Comply with NEMA TC 3; match to conduit or tubing type and material. 3. Fittings for LFNC: Comply with UL 514B. 4. Solvents and Adhesives: As recommended by conduit manufacturer. 2.3 STANDARD CONDUIT SEALS A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: 1. American Polywater Corporation 2. Dura-Line, Inc. 3. FS3, Inc. B. Description: Sealing compound for use in underground conduit to prevent water and gas infiltration in non-classified locations. 1. Semi-permanent, re-enterable seal. 2. Compatible with PVC, rigid steel, EMT, IMC, fiberglass and polyethylene conduits. 3. Keeps water, acids, greases, gases, insects, rodents, etc., out of the conduit. 4. Two-part high-expansion urethane foam with 98% closed cell content. 313 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 4 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx 5. Cured compressive strength of 300 lbs. (ASTM D790), tensile strength of 250 lbs. (ASTM D1623), and flexural strength of 450 lbs. (ASTM D790) and temperature range of -20⁰ to 200⁰F. 6. Cured sealant will be capable of holding 10 psi water pressure continuously. 7. Meets NEC requirements for raceway seals per Articles 225.27, 230.8 and 300.5 8. FST™ Sealant or equivalent. 2.4 METAL WIREWAYS AND AUXILIARY GUTTERS A.Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: 1.B-line, an Eaton business. 2.Hoffman; a brand of Pentair Equipment Protection. 3.MonoSystems, Inc. B. Description: Sheet metal, complying with UL 870 and NEMA 250, Type 1, Type 3R, Type 4 or Type 12 unless otherwise indicated, and sized according to NFPA 70. 1. Metal wireways installed outdoors shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. C. Fittings and Accessories: Include covers, couplings, offsets, elbows, expansion joints, adapters, hold-down straps, end caps, and other fittings to match and mate with wireways as required for complete system. D. Wireway Covers: Screw-cover type unless otherwise indicated. E. Finish: Manufacturer's standard enamel finish. 2.5 BOXES, ENCLOSURES, AND CABINETS A.Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: 1.Crouse-Hinds, an Eaton business. 2.Erickson Electrical Equipment Company. 3.Hoffman; a brand of Pentair Equipment Protection. 4.Hubbell Incorporated. 5.Hubbell Incorporated; Wiring Device-Kellems. 6.Milbank Manufacturing Co. 7.MonoSystems, Inc. 8.Oldcastle Enclosure Solutions. 9.O-Z/Gedney; a brand of Emerson Industrial Automation. 314 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 5 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx 10.RACO; Hubbell. 11.Stahlin Non-Metallic Enclosures. 12.Thomas & Betts Corporation; A Member of the ABB Group. B. General Requirements for Boxes, Enclosures, and Cabinets: Boxes, enclosures, and cabinets installed in wet locations shall be listed for use in wet locations. C. Sheet Metal Outlet and Device Boxes: Comply with NEMA OS 1 and UL 514A. D. Cast-Metal Outlet and Device Boxes: Comply with NEMA FB 1, aluminum, Type FD, with gasketed cover. E. Nonmetallic Outlet and Device Boxes: Comply with NEMA OS 2 and UL 514C. F. Small Sheet Metal Pull and Junction Boxes: NEMA OS 1. G. Cast-Metal Access, Pull, and Junction Boxes: Comply with NEMA FB 1 and UL 1773, cast aluminum with gasketed cover. H. Box extensions used to accommodate new building finishes shall be of same material as recessed box. I. Device Box Dimensions: 4 inches square by 2-1/8 inches deep with single gang mud ring unless device(s) requires otherwise. J. Gangable boxes are allowed for 6-gang or larger. K. Hinged-Cover Enclosures: Comply with UL 50 and NEMA 250, Type 1, Type 3R, Type 4 or Type 12 with continuous-hinge cover with flush latch unless otherwise indicated. 1. Metal Enclosures: Steel, finished inside and out with manufacturer's standard enamel. 2. Nonmetallic Enclosures: Plastic. 3. Interior Panels: Steel; all sides finished with manufacturer's standard enamel. L. Cabinets: 1. NEMA 250, Type 1, Type 3R or Type 12 galvanized-steel box with removable interior panel and removable front, finished inside and out with manufacturer's standard enamel. 2. Hinged door in front cover with flush latch and concealed hinge. 3. Key latch to match panelboards. 4. Metal barriers to separate wiring of different systems and voltage. 5. Accessory feet where required for freestanding equipment. 6. Nonmetallic cabinets shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 315 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 6 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx 2.6 HANDHOLES AND BOXES FOR EXTERIOR UNDERGROUND WIRING A. General Requirements for Handholes and Boxes: 1. Boxes and handholes for use in underground systems shall be designed and identified as defined in NFPA 70, for intended location and application. 2. Boxes installed in wet areas shall be listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Polymer-Concrete Handholes and Boxes with Polymer-Concrete Cover: Molded of sand and aggregate, bound together with polymer resin, and reinforced with steel, fiberglass, or a combination of the two. 1.Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: a.Armorcast Products Company. b.NewBasis. c.Oldcastle Enclosure Solutions. d.Oldcastle Precast, Inc. e. Quazite (Hubbell). 2. Standard: Comply with ANSI/SCTE 77. 3. Load Ratings: a. Tier 5 for non-traffic areas and sidewalk applications with a safety factor for occasional non-deliberate vehicular traffic. b. Tier 15 for driveway, parking lot, and off-road applications subject to occasional non-deliberate heavy vehicular traffic. c. AASHTO H-20 for roadways and other deliberate vehicular traffic applications. 4. Configuration: Designed for flush burial with open bottom unless otherwise indicated. 5. Cover: Weatherproof, secured by tamper-resistant locking devices and having structural load rating consistent with enclosure and handhole location. 6. Cover Finish: Nonskid finish shall have a minimum coefficient of friction of 0.50. 7. Cover Legend: Molded lettering, "ELECTRIC" or “COM” as indicated on drawings. 8. Conduit Entrance Provisions: Conduit-terminating fittings shall mate with entering ducts for secure, fixed installation in enclosure wall. PART 3 - EXECUTION 3.1 RACEWAY APPLICATION A. Outdoors: Apply raceway products as specified below unless otherwise indicated: 316 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 7 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx 1. Exposed Conduit: GRC. 2. Concealed Conduit, Aboveground: EMT. 3. Underground Conduit: RNC, Type EPC-40-PVC in fine bedded trench. 4. Under roadways and paved or concrete walkways: Type EPC-80-PVC in fine bedded trench. 5. Connection to Vibrating Equipment (Including Transformers and Hydraulic, Pneumatic, Electric Solenoid, or Motor-Driven Equipment): LFMC. 6. Boxes and Enclosures, Aboveground: NEMA 250, Type 3R. B. Minimum Raceway Size: 3/4 inch trade size. C. Raceway Fittings: Compatible with raceways and suitable for use and location. 1. Rigid and Intermediate Steel Conduit: Use threaded rigid steel conduit fittings unless otherwise indicated. Comply with NEMA FB 2.10. 2. PVC Externally Coated, Rigid Steel Conduits: Use only fittings listed for use with this type of conduit. Patch and seal all joints, nicks, and scrapes in PVC coating after installing conduits and fittings. Use sealant recommended by fitting manufacturer and apply in thickness and number of coats recommended by manufacturer. 3. EMT: Use setscrew, steel fittings. Comply with NEMA FB 2.10. 4. Flexible Conduit: Use only fittings listed for use with flexible conduit. Comply with NEMA FB 2.20. D. Install nonmetallic conduit or tubing for protecting bare grounding conductors. E. Do not install nonmetallic conduit where ambient temperature exceeds 120 deg F (49 deg C). 3.2 INSTALLATION A. Comply with requirements in Section 260529 "Hangers and Supports for Electrical Systems" for hangers and supports. B. Comply with NECA 1 and NECA 101 for installation requirements except where requirements on Drawings or in this article are stricter. Comply with NFPA 70 limitations for types of raceways allowed in specific occupancies and number of floors. C. Do not install raceways or electrical items on any "explosion-relief" walls or rotating equipment. D. Do not fasten conduits onto the bottom side of a metal deck roof. E. Keep raceways at least 6 inches away from parallel runs of flues and steam or hot-water pipes. Install horizontal raceway runs above water and steam piping. F. Whenever routed in parallel, maintain 12” minimum separation between communications conduits and power conduits. Where these conduits must intersect, cross at 90 degrees. 317 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 8 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx G. Comply with requirements in Section 260529 "Hangers and Supports for Electrical Systems" for hangers and supports. H. Install no more than the equivalent of three 90-degree bends in any conduit run except for control wiring conduits, for which fewer bends are allowed. Support within 12 inches of changes in direction. I. Make bends in raceway using large-radius preformed ells. Field bending shall be according to NFPA 70 minimum radii requirements. Use only equipment specifically designed for material and size involved. J. Conceal conduit and EMT within finished walls, ceilings, and floors unless otherwise indicated. Install conduits parallel or perpendicular to building lines. K. Support conduit within 12 inches of enclosures to which attached. L. Raceways Below Slab: 1. Conduits are permitted under the slab in the base material only (not within the concrete slab). 2. All routing must be approved by the engineer prior to rough-in. 3. Arrange stub-ups so that curved portions of bends are not visible above finished slab. 4. Change from RNC, Type EPC-40-PVC to PVC Coated GRC bend and thru slab stub before rising above floor. M. Threaded Conduit Joints, Exposed to Wet, Damp, Corrosive, or Outdoor Conditions: Apply listed compound to threads of raceway and fittings before making up joints. Follow compound manufacturer's written instructions. N. Coat field-cut threads on PVC-coated raceway with a corrosion-preventing conductive compound prior to assembly. O. Raceway Terminations at Locations Subject to Moisture or Vibration: Use insulating bushings to protect conductors including conductors smaller than No. 4 AWG. P. Install raceways square to the enclosure and terminate at enclosures with locknuts. Install locknuts hand tight plus 1/4 turn more. Q. Do not rely on locknuts to penetrate nonconductive coatings on enclosures. Remove coatings in the locknut area prior to assembling conduit to enclosure to assure a continuous ground path. R. Cut conduit perpendicular to the length. For conduits 2-inch trade size and larger, use roll cutter or a guide to make cut straight and perpendicular to the length. S. Terminate threaded conduits into threaded hubs or with locknuts on inside and outside of boxes or cabinets. Install bushings on conduits up to 1-1/4-inch trade size and 318 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 9 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx insulated throat metal bushings on 1-1/2-inch trade size and larger conduits terminated with locknuts. Install insulated throat metal grounding bushings on service conduits. T. Install pull wires in empty raceways. Use polypropylene or monofilament plastic line with not less than 200-lb (90-kg) tensile strength. Leave at least 12 inches of slack at each end of pull wire. Cap underground raceways designated as spare above grade alongside raceways in use. U. Install raceway sealing fittings at accessible locations according to NFPA 70 and fill them with listed sealing compound. For concealed raceways, install each fitting in a flush steel box with a blank cover plate having a finish similar to that of adjacent plates or surfaces. V. Standard Conduit Seals: 1. Install devices to seal raceway interiors at accessible locations. Locate seals so no fittings or boxes are between the seal and the following changes of environments. Seal the interior of all raceways at the following points: a. Where conduits pass from warm to cold locations, such as boundaries of refrigerated spaces. b. Where an underground service raceway enters a building or structure. c. Conduit extending from interior to exterior of building. d. Conduit extending into pressurized duct and equipment. e. Conduit extending into pressurized zones that are automatically controlled to maintain different pressure set points. f. Where otherwise required by NFPA 70. W. Expansion-Joint Fittings: 1. Install in each run of aboveground RNC that is located where environmental temperature change may exceed 30 deg F (17 deg C) and that has straight-run length that exceeds 25 feet (7.6 m). 2. Install type and quantity of fittings that accommodate temperature change listed for each of the following locations: a. Outdoor Locations Not Exposed to Direct Sunlight: 125 deg F (70 deg C) temperature change. b. Outdoor Locations Exposed to Direct Sunlight: 155 deg F (86 deg C) temperature change. c. Indoor Spaces Connected with Outdoors without Physical Separation: 125 deg F (70 deg C) temperature change. d. Attics: 135 deg F (75 deg C) temperature change. 3. Install fitting(s) that provide expansion and contraction for at least 0.00041 inch per foot of length of straight run per degree F of temperature change for PVC conduits. 4. Install expansion fittings at all locations where conduits cross building or structure expansion joints. 5. Install each expansion-joint fitting with position, mounting, and piston setting selected according to manufacturer's written instructions for conditions at specific 319 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 10 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx location at time of installation. Install conduit supports to allow for expansion movement. X. Flexible Conduit Connections: Comply with NEMA RV 3. Use a maximum of 72 inches of flexible conduit for recessed and semi-recessed luminaires, equipment subject to vibration, noise transmission, or movement; and for transformers and motors. 1. Use LFMC in damp or wet locations subject to severe physical damage. 2. Use LFMC or LFNC in damp or wet locations not subject to severe physical damage. Y. Mount boxes at heights indicated on Drawings. If mounting heights of boxes are not individually indicated, give priority to ADA requirements. Install boxes with height measured to center of box unless otherwise indicated. Z. Support boxes of three gangs or more from more than one side by spanning two framing members or mounting on brackets specifically designed for the purpose. AA. Fasten junction and pull boxes to or support from structure. Do not support boxes by conduits. 3.3 INSTALLATION OF UNDERGROUND CONDUIT A. Direct-Buried Conduit: 1. Excavation a. Excavate trenches to indicated depths. b. Excavate trenches to uniform widths to provide 12 inches on each side of conduits. Excavate trench walls vertically from trench bottom to 12 inches higher than top of conduits UNO. c. Excavate trenches sufficiently wide to maintain 12” minimum separation between communications conduits and all power conduits. d. Excavate and shape trench bottoms to provide uniform bearing and support of conduits. Shape subgrade to provide continuous support for joints, fittings, and bodies of conduits. Remove projecting stones and sharp objects along trench subgrade. Excavate trenches 6 inches deeper than elevation required in rock or other unyielding bearing material to allow for bedding course. e. Trenches in Tree- and Plant-Protection Zones: 1) Hand-excavate to indicated lines, cross sections, elevations, and subgrades. Use narrow-tine spading forks to comb soil and expose roots. Do not break, tear, or chop exposed roots. Do not use mechanical equipment that rips, tears, or pulls roots. 2) Do not cut main lateral roots or taproots; cut only smaller roots that interfere with installation of utilities. 2. Initial Backfill 320 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 11 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx a. Place backfill on subgrades free of mud, frost, snow, or ice. b. Place and compact bedding course on trench bottoms. Shape bedding course to provide continuous support for joints, fittings, and bodies of conduits. 3. Install manufactured duct elbows for stub-up at poles and equipment and at building entrances through floor unless otherwise indicated. Encase elbows for stub-up ducts throughout length of elbow. 4. Install manufactured rigid steel conduit elbows for stub-ups at poles and equipment and at building entrances through floor. a. Couple steel conduits to ducts with adapters designed for this purpose, and encase coupling with 3 inches of concrete for a minimum of 12 inches on each side of the coupling. b. For stub-ups at equipment mounted on outdoor concrete bases and where conduits penetrate building foundations, extend steel conduit horizontally a minimum of 60 inches from edge of foundation or equipment base. Install insulated grounding bushings on terminations at equipment. 5. Backfill - After installing conduit, backfill and compact. Start at tie-in point, and work toward end of conduit run, leaving conduit at end of run free to move with expansion and contraction as temperature changes during this process. a. Trenches under Footings: Backfill trenches excavated under footings and within 18 inches of bottom of footings with satisfactory soil; fill with concrete to elevation of bottom of footings. b. Trenches under Roadways: Provide 4-inch thick, concrete-base slab support for conduits less than 30 inches below surface of roadways. After installing and testing, completely encase piping or conduit in a minimum of 4 inches of concrete before backfilling or placing roadway subbase course. c. Initial Backfill: Place and compact initial backfill of subbase material, free of particles larger than 1 inch in any dimension, to a height of 12 inches over the conduits. Carefully compact initial backfill under conduit haunches and compact evenly up on both sides and along the full length of conduit to avoid damage or displacement of piping or conduit. Coordinate backfilling with utilities testing. d. After placing controlled backfill to within 12 inches of finished grade, make final conduit connection at end of run and complete backfilling with normal compaction. 6. Underground Warning Tape: Comply with requirements in Section 260553 "Identification for Electrical Systems." 7. Compaction - Firmly hand tamp backfill around conduit to provide maximum supporting strength. Coordinate all requirements with site civil specifications. Prior to commencing work. the more stringent requirement shall take precedence. a. Compact each layer of initial and final backfill soil material at 95 percent. 321 SECTION 260533 RACEWAYS AND BOXES DIVISION 26 - ELECTRICAL FOR ELECTRICAL SYSTEMS 260533 - 12 of 12 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260533 - Raceways and Boxes for Electrical Systems.docxx 3.4 INSTALLATION OF UNDERGROUND HANDHOLES AND BOXES A. Install handholes and boxes level and plumb and with orientation and depth coordinated with connecting conduits to minimize bends and deflections required for proper entrances. B. Unless otherwise indicated, support units on a level bed of crushed stone or gravel, graded from 1/2-inch sieve to No. 4 sieve and compacted to same density as adjacent undisturbed earth. C. Elevation: In paved areas, set so cover surface will be flush with finished grade. Set covers of other enclosures 1 inch above finished grade. D. Where required, field-cut openings for conduits according to enclosure manufacturer's written instructions. Cut wall of enclosure with a tool designed for material to be cut. Size holes for terminating fittings to be used, and seal around penetrations after fittings are installed. 3.5 FIRESTOPPING A. Install firestopping at penetrations of fire-rated floor and wall assemblies. 3.6 PROTECTION A. Protect coatings, finishes, and cabinets from damage and deterioration. 1. Repair damage to galvanized finishes with zinc-rich paint recommended by manufacturer. 2. Repair damage to PVC coatings or paint finishes with matching touchup coating recommended by manufacturer. END OF SECTION 260533 322 SECTION 260553 DIVISION 26 - ELECTRICAL IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 1 of 8 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260553 - Identification for Electrical Systems.docxx SECTION 260553 - IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Color and legend requirements for raceways, conductors, and warning labels and signs. 2. Tapes and stencils. 3. Signs. 4. Cable ties. PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Comply with ASME A13.1. B. Comply with NFPA 70. C. Comply with 29 CFR 1910.144 and 29 CFR 1910.145. D. Comply with ANSI Z535.4 for safety signs and labels. E. Comply with NFPA 70E requirements for arc-flash warning labels. F. Adhesive-attached labeling materials, including label stocks, laminating adhesives, and inks used by label printers, shall comply with UL 969. 2.2 COLOR AND LEGEND REQUIREMENTS A. Raceways and Cables Carrying Circuits. Identify the covers of each junction and pull box as follows: 1. Affix label with black letters indicating voltage and system or service type. B. Conductor Color-Coding for Phase and Voltage-Level Identification, 600 V or Less: Use colors listed below for ungrounded service, feeder and branch-circuit conductors. 323 SECTION 260553 DIVISION 26 - ELECTRICAL IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 2 of 8 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260553 - Identification for Electrical Systems.docxx 1. Utilize factory applied, colored insulation for No. 8 AWG and smaller. 2. If Authority Having Jurisdiction permits, for sizes larger than No. 8 AWG, where conductors with factory colored insulation are not commonly available, colored non-aging, plastic tape may be field applied. Apply in half-lapped turns for a minimum distance of 6 inches (150 mm) from terminal points and in boxes where splices or taps are made. Apply last two turns of tape with no tension to prevent possible unwinding. Locate bands to avoid obscuring factory cable markings. 3. Colors for Three-Phase Wye, 208/120V Circuits: a. Phase A: Black. b. Phase B: Red. c. Phase C: Blue. d. Neutral: White. 4. Colors for Three-Phase, 480/277V Circuits: a. Phase A: Brown. b. Phase B: Orange. c. Phase C: Yellow. d. Neutral: Gray. 5. Color for Equipment Grounds: Bare copper or Green. C. Warning Label Colors: 1. Identify system voltage with black letters on an orange background. D. Warning labels and signs shall include, but are not limited to, the following legends: 1. Workspace Clearance Warning: "WARNING - OSHA REGULATION - AREA IN FRONT OF ELECTRICAL EQUIPMENT MUST BE KEPT CLEAR FOR 36 INCHES (915 MM)." 2. Arc Flash Warning: “WARNING – KEEP CLEAR. RISK OF ELECTRIC SHOCK OR ARC FLASH. PPE REQUIRED.”. E. Equipment Identification Labels: 1. Black letters on a white field, or white letters on a black field. 2. Include equipment designation and circuit. 3. Exterior equipment labels shall have a rivet or screw mounted label on the exterior door. 4. 1” minimum height letters for service disconnect and emergency shut-off switches. 5. 1/2" minimum height letters for panelboards, switchboards, relay enclosures and transformers. 6. 1/4" minimum height letters for disconnect switches and motor starters. 7. 1/8” minimum height letters for device coverplates (where required). 324 SECTION 260553 DIVISION 26 - ELECTRICAL IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 3 of 8 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260553 - Identification for Electrical Systems.docxx 2.3 TAPES AND STENCILS A. Self-Adhesive Vinyl Tape: Colored, heavy duty, waterproof, fade resistant; not less than 3 mils (0.08 mm) thick by 1 to 2 inches (25 to 50 mm) wide; compounded for outdoor use. B. Floor Marking Tape: 2-inch- (50-mm-) wide, 5-mil (0.125-mm) pressure-sensitive vinyl tape, with yellow and black stripes and clear vinyl overlay. C. Underground-Line Warning Tape: 1. Tape: a. Recommended by manufacturer for the method of installation and suitable to identify and locate underground electrical and communications utility lines. b. Printing on tape shall be permanent and shall not be damaged by burial operations. c. Tape material and ink shall be chemically inert and not subject to degradation when exposed to acids, alkalis, and other destructive substances commonly found in soils. 2. Color and Printing: a. Comply with ANSI Z535.1, ANSI Z535.2, ANSI Z535.3, ANSI Z535.4, and ANSI Z535.5. b. Inscriptions for Red-Colored Tapes: "ELECTRIC LINE, HIGH VOLTAGE”. c. Inscriptions for Orange-Colored Tapes: "TELEPHONE CABLE, CATV CABLE, COMMUNICATIONS CABLE, OPTICAL FIBER CABLE”. 3. Type: a. Detectable three-layer laminate, consisting of a printed pigmented polyolefin film, a solid aluminum-foil core, and a clear protective film that allows inspection of the continuity of the conductive core; bright colored, continuous-printed on one side with the inscription of the utility, compounded for direct-burial service. b. Width: 3 inches (75 mm). c. Overall Thickness: 5 mils (0.125 mm). d. Foil Core Thickness: 0.35 mil (0.00889 mm). e. Weight: 28 lb/1000 sq. ft. (13.7 kg/100 sq. m). f. Tensile according to ASTM D 882: 70 lbf (311.3 N) and 4600 psi (31.7 MPa). 2.4 SIGNS A. Baked-Enamel Signs: 1. Preprinted aluminum signs, high-intensity reflective, punched or drilled for fasteners, with colors, legend, and size required for application. 2. 1/4-inch (6.4-mm) grommets in corners for mounting. 3. Nominal Size: 7 by 10 inches (180 by 250 mm). 325 SECTION 260553 DIVISION 26 - ELECTRICAL IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 4 of 8 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260553 - Identification for Electrical Systems.docxx B. Laminated Acrylic or Melamine Plastic Signs: 1. Engraved legend. 2. Thickness: a. For signs up to 20 sq. in. (129 sq. cm), minimum 1/16 inch (1.6 mm) thick. b. For signs larger than 20 sq. in. (129 sq. cm), 1/8 inch (3.2 mm) thick. c. Engraved legend with black letters on white face d. Punched or drilled for mechanical fasteners with 1/4-inch (6.4-mm) grommets in corners for mounting. e. Framed with mitered acrylic molding and arranged for attachment at applicable equipment. 2.5 CABLE TIES A. General-Purpose Cable Ties: Fungus inert, self-extinguishing, one piece, self-locking, and Type 6/6 nylon. 1. Minimum Width: 3/16 inch (5 mm). 2. Tensile Strength at 73 Deg F (23 Deg C) according to ASTM D 638: 12,000 psi (82.7 MPa). 3. Temperature Range: Minus 40 to plus 185 deg F (Minus 40 to plus 85 deg C). 4. Color: Black, except where used for color-coding. B. UV-Stabilized Cable Ties: Fungus inert, designed for continuous exposure to exterior sunlight, self-extinguishing, one piece, self-locking, and Type 6/6 nylon. 1. Minimum Width: 3/16 inch (5 mm). 2. Tensile Strength at 73 Deg F (23 Deg C) according to ASTM D 638: 12,000 psi (82.7 MPa). 3. Temperature Range: Minus 40 to plus 185 deg F (Minus 40 to plus 85 deg C). 4. Color: Black. 2.6 MISCELLANEOUS IDENTIFICATION PRODUCTS A. Paint: Comply with requirements in painting Sections for paint materials and application requirements. Retain paint system applicable for surface material and location (exterior or interior). B. Fasteners for Labels and Signs: Self-tapping, stainless-steel screws or stainless-steel machine screws with nuts and flat and lock washers. 326 SECTION 260553 DIVISION 26 - ELECTRICAL IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 5 of 8 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260553 - Identification for Electrical Systems.docxx PART 3 - EXECUTION 3.1 COORDINATION A. Verify and coordinate identification names, abbreviations, colors, and other features with requirements in other Sections requiring identification applications, Drawings, Shop Drawings, manufacturer's wiring diagrams, and operation and maintenance manual. Use consistent designations throughout Project. B. Coordinate identification with Project Drawings, manufacturer's wiring diagrams, and operation and maintenance manual. C. Coordinate installation of identifying devices with location of access panels and doors. D. Install identifying devices before installing acoustical ceilings and similar concealment. 3.2 INSTALLATION A. Verify identity of each item before installing identification products. B. Apply identification devices to surfaces that require finish after completing finish work. C. Install signs with approved legend to facilitate proper identification, operation, and maintenance of electrical systems and connected items. D. Self-Adhesive Identification Products: Before applying electrical identification products, clean substrates of substances that could impair bond, using materials and methods recommended by manufacturer of identification product. E. Self-Adhesive Identification Products used on the exterior of the building: Before applying electrical identification products, clean substrates of substances that could impair bond, using materials and methods recommended by manufacturer of identification product. Labels shall have a rivet or screw mounted on each side of the label, located on the exterior door. F. Elevated Components: Increase sizes of labels, signs, and letters to those appropriate for viewing from the floor. G. Underground Line Warning Tape: 1. During backfilling of trenches, install continuous underground-line warning tape directly above cable or raceway at 6 to 8 inches (150 to 200 mm) below finished grade. Use multiple tapes where width of multiple lines installed in a common trench or concrete envelope exceeds 16 inches (400 mm) overall. 2. Install underground-line warning tape for direct-buried cables and cables in raceways. H. Laminated Acrylic or Melamine Plastic Signs: 327 SECTION 260553 DIVISION 26 - ELECTRICAL IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 6 of 8 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260553 - Identification for Electrical Systems.docxx 1. Attach signs and plastic labels that are not self-adhesive type with mechanical fasteners appropriate to the location and substrate. I. Cable Ties: General purpose, for attaching tags, except as listed below: 1. Outdoors: UV-stabilized nylon. 2. In Spaces Handling Environmental Air: Plenum rated. 3.3 IDENTIFICATION SCHEDULE A. Install identification materials and devices at locations for most convenient viewing without interference with operation and maintenance of equipment. Install access doors or panels to provide view of identifying devices. B. Identify conductors, cables, and terminals in enclosures and at junctions, terminals, pull points, and locations of high visibility. Identify by system and circuit designation. C. Accessible Fittings for Raceways and Cables: Identify the covers of each junction and pull box with self-adhesive labels containing the wiring system legend and system voltage. D. Control-Circuit Conductor Identification: For conductors and cables in pull and junction boxes, manholes, and handholes, use write-on tags with the conductor or cable designation, origin, and destination. E. Control-Circuit Conductor Termination Identification: For identification at terminations, provide self-adhesive wraparound labels with the conductor designation. F. Conductors to Be Extended in the Future: Attach write-on tags to conductors and list source. G. Auxiliary Electrical Systems Conductor Identification: Identify field-installed alarm, control, and signal connections. 1. Identify conductors, cables, and terminals in enclosures and at junctions, terminals, and pull points. Identify by system and circuit designation. 2. Use system of marker tape designations that is uniform and consistent with system used by manufacturer for factory-installed connections. 3. Coordinate identification with Project Drawings, manufacturer's wiring diagrams, and the Operation and Maintenance Manual. H. Locations of Underground Lines: Underground-line warning tape for power, lighting, communication, and control wiring and optical-fiber cable. I. Workspace Indication: Apply floor marking tape to finished surfaces. Show working clearances in the direction of access to live parts. Workspace shall comply with NFPA 70 and 29 CFR 1926.403 unless otherwise indicated. Do not install at flush-mounted panelboards and similar equipment in finished spaces. 328 SECTION 260553 DIVISION 26 - ELECTRICAL IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 7 of 8 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260553 - Identification for Electrical Systems.docxx J. Instructional Signs: Self-adhesive labels, including the color code for grounded and ungrounded conductors. K. Warning Labels for Indoor Cabinets, Boxes, and Enclosures for Power and Lighting: Self- adhesive equipment labels. 1. Apply to exterior of door, cover, or other access. 2. For equipment with multiple power or control sources, apply to door or cover of equipment, including, but not limited to, the following: a. Power-transfer switches. b. Controls with external control power connections. L. Arc Flash Warning Labeling: Self-adhesive labels. M. Operating Instruction Signs: Install instruction signs to facilitate proper operation and maintenance of electrical systems and items to which they connect. Install instruction signs with approved legend where instructions are needed for system or equipment operation. N. Emergency Operating Instruction Signs: Self-adhesive labels, Laminated acrylic or melamine plastic signs with white legend on a red background with minimum 3/8-inch- (10-mm-) high letters for emergency instructions at equipment used for power transfer and load shedding. O. Equipment Identification Labels: 1. Outdoor Equipment: Engraved, Laminated acrylic or melamine label. 2. Equipment to Be Labeled: a. Panelboards/Switchboards: 1) Label shall be self-adhesive, engraved, laminated acrylic or melamine. Label shall include: Panelboard/switchboard name, voltage, amperage, number of phases and wires, source and available fault current with date calculated. 2) Typewritten directory of circuits in the location provided by panelboard manufacturer. Spares shall be filled in by hand with pencil. b. Enclosures and electrical cabinets. c. Access doors and panels for concealed electrical items. d. Switchgear. e. Transformers: Label that includes tag designation shown on Drawings for the transformer, feeder, and panelboards or equipment supplied by the secondary. f. Enclosed switches. g. Enclosed circuit breakers. h. Enclosed controllers. i. Variable-speed controllers. j. Push-button stations. k. Power transfer equipment. l. Contactors. 329 SECTION 260553 DIVISION 26 - ELECTRICAL IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 - 8 of 8 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\260553 - Identification for Electrical Systems.docxx m. Monitoring and control equipment. n. Wiring devices. END OF SECTION 260553 330 SECTION 262713 DIVISION 26 - ELECTRICAL ELECTRICITY UTILITY METERING 262713 - 1 of 2 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262713 - Electricity Utility Metering.docxx SECTION 262713 - ELECTRICITY METERING PART 1 - GENERAL 1.1 SUMMARY A. Section includes electricity metering in accordance with utility company. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. B. Shop Drawings: For electricity-metering equipment. 1. Dimensioned plans and sections or elevation layouts. 1.3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 1.4 COORDINATION A. Electrical Service Connections: Coordinate with utility companies and utility-furnished components. B. Submit all metering and CT cabinets to the utility company prior to submittals for approval. C. Coordinate all utility requirements and routing prior to rough in. Obtain all requirements in writing. PART 2 - PRODUCTS 2.1 SYSTEM DESCRIPTION A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with UL 916. 331 SECTION 262713 DIVISION 26 - ELECTRICAL ELECTRICITY UTILITY METERING 262713 - 2 of 2 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262713 - Electricity Utility Metering.docxx 2.2 EQUIPMENT FOR ELECTRICITY METERING BY UTILITY COMPANY A. Meters will be furnished by utility company. B. Current-Transformer Cabinets: Comply with requirements of electrical-power utility company including: 1. Sizing, gauge steel, locking capabilities, etc. 2. Mounting configuration and methods 3. Landing lug size, location and configuration. C. Meter Sockets: Comply with requirements of electrical-power utility company including: 1. Sizing, gauge steel, locking capabilities, etc. 2. Mounting configuration and methods 3. Appropriate meter jaw configuration 4. Landing lug size, location and configuration. 5. Anti-inversion clip and lever bypass as required. PART 3 - EXECUTION 3.1 INSTALLATION A. Comply with equipment installation requirements in NECA 1. B. Install raceways and equipment according to utility company's written instructions. Provide empty conduits for metering leads and extend grounding connections as required by utility company. 1. All lugs and other connection hardware shall be torqued in accordance with manufacturer’s guidelines. END OF SECTION 262713 332 SECTION 262813 DIVISION 26 - ELECTRICAL FUSES 262813 - 1 of 4 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262813 - Fuses.docxx SECTION 262813 - FUSES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Cartridge and plug fuses rated 600 V ac and less for use in the following: a. Control circuits. b. Enclosed controllers. c. Enclosed switches. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Ambient Temperature Adjustment Information: If ratings of fuses have been adjusted to accommodate ambient temperatures, provide list of fuses with adjusted ratings. a. For each fuse having adjusted ratings, include location of fuse, original fuse rating, local ambient temperature, and adjusted fuse rating. b. Provide manufacturer's technical data on which ambient temperature adjustment calculations are based. 2. Dimensions and manufacturer's technical data on features, performance, electrical characteristics, and ratings. 3. Current-limitation curves for fuses with current-limiting characteristics. 4. Time-current coordination curves (average melt) and current-limitation curves (instantaneous peak let-through current) for each type and rating of fuse. 1.3 CLOSEOUT SUBMITTALS A. Operation and maintenance data. 1. Ambient temperature adjustment information. 2. Current-limitation curves for fuses with current-limiting characteristics. 3. Time-current coordination curves (average melt) and current-limitation curves (instantaneous peak let-through current) for each type and rating of fuse. B. MAINTENANCE MATERIAL SUBMITTALS 1. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 333 SECTION 262813 DIVISION 26 - ELECTRICAL FUSES 262813 - 2 of 4 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262813 - Fuses.docxx 2. Fuses: Equal to 10 percent of quantity installed for each size and type, but no fewer than three of each size and type. 1.4 PROJECT CONDITIONS A. Where ambient temperature to which fuses are directly exposed is less than 40 deg F (5 deg C) or more than 100 deg F (38 deg C), apply manufacturer's ambient temperature adjustment factors to fuse ratings. PART 2 - PRODUCTS 2.1 MANUFACTURERS A.Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Bussmann 2. Edison Fuse 3.Ferraz Shawmut 4.Littelfuse B. Obtain fuses, for use within a specific product or circuit, from a single source from a single manufacturer. 2.2 FUSES A. Cartridge fuse characteristics: Current-limiting, nonrenewable cartridge fuses with voltage ratings consistent with circuit voltages. 1. Type RK-1: 250V and600V, zero to 600A rating, 200 kAIC, dual-element time delay. 2. Type RK-5: 250V and 600V, zero to 600A rating, 200 kAIC, dual-element, time delay. 3. Type CC: 600V, zero to 30A rating, 200 kAIC, fast acting. 4. Type CD: 600V, 31 to 60A rating, 200 kAIC, fast acting. 5. Type L: 600-V, 601 to 6000A rating, 200 kAIC, time delay. B. Plug fuse characteristics: Current-limiting with rejection base and voltage ratings consistent with circuit voltages. 1. Type S: 125V, zero to 15A rating, dual-element, time delay. C. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. 334 SECTION 262813 DIVISION 26 - ELECTRICAL FUSES 262813 - 3 of 4 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262813 - Fuses.docxx D. Comply with NEMA FU 1 for cartridge fuses. E. Comply with NFPA 70. F. Coordinate fuse ratings with utilization equipment nameplate limitations of maximum fuse size and with system short-circuit current levels. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine fuses before installation. Reject fuses that are moisture damaged or physically damaged. B. Examine holders to receive fuses for compliance with installation tolerances and other conditions affecting performance, such as rejection features. C. Examine utilization equipment nameplates and installation instructions. Install fuses of sizes and with characteristics appropriate for each piece of equipment. D. Evaluate ambient temperatures to determine if fuse rating adjustment factors must be applied to fuse ratings. E. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 FUSE APPLICATIONS A. Apply fuses in the following circumstances: 1. Service Entrance: Class L or Class RK-1, time delay. 2. Feeders and Branch Circuits: Class L or Class RK-1, time delay. 3. Motors, Welders, Transformers: Class RK-5, time delay. 4. Control Circuits: Class CC, fast acting. B. Size fuses as shown and specified, or as required by load being served. Where fusing in accordance with manufacturer's guidelines requires smaller fuses, provide necessary reducers with no additional cost to Owner. 3.3 INSTALLATION A. Install fuses in fusible devices. Arrange fuses so rating information is readable without removing fuse. 335 SECTION 262813 DIVISION 26 - ELECTRICAL FUSES 262813 - 4 of 4 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262813 - Fuses.docxx 3.4 IDENTIFICATION A. Install labels complying with requirements for identification specified in Section 260553 "Identification for Electrical Systems" and indicating fuse replacement information inside of door of each fused switch and adjacent to each fuse block, socket, and holder. END OF SECTION 262813 336 SECTION 262816 DIVISION 26 - ELECTRICAL ENCLOSED SWITCHES 262816 - 1 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262816 - Enclosed Switches.DOCXx SECTION 262816 - ENCLOSED SWITCHES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Fusible switches. 1.2 DEFINITIONS A. NC: Normally closed. B. NO: Normally open. 1.3 ACTION SUBMITTALS A. Product Data: For each type of enclosed switch, accessory, and component indicated. Include nameplate ratings, dimensioned elevations, sections, weights, and manufacturers' technical data on features, performance, electrical characteristics, ratings, accessories, and finishes. B. Shop Drawings: For enclosed switches. 1. Include plans, elevations, sections, details, and attachments to other work. 2. Include wiring diagrams for power, signal, and control wiring. 1.4 INFORMATIONAL SUBMITTALS A. Seismic Qualification Certificates: For enclosed switches, accessories, and components, from manufacturer. B. Field quality-control reports. 1.5 CLOSEOUT SUBMITTALS A. Operation and maintenance data. 1.6 WARRANTY A. Manufacturer's Warranty: Manufacturer and Installer agree to repair or replace components that fail in materials or workmanship within specified warranty period. 337 SECTION 262816 DIVISION 26 - ELECTRICAL ENCLOSED SWITCHES 262816 - 2 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262816 - Enclosed Switches.DOCXx 1. Warranty Period: One year(s) from date of Substantial Completion. PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Seismic Performance: Enclosed switches shall withstand the effects of earthquake motions determined according to ASCE/SEI 7. 1. The term "withstand" means "the unit will remain in place without separation of any parts from the device when subjected to the seismic forces specified and the unit will be fully operational after the seismic event." 2.2 GENERAL REQUIREMENTS A. Source Limitations: Obtain enclosed switches, overcurrent protective devices, components, and accessories, within same product category, from single manufacturer. B. Product Selection for Restricted Space: Drawings indicate maximum dimensions for enclosed switches, including clearances between enclosures, and adjacent surfaces and other items. Comply with indicated maximum dimensions. C. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by an NRTL, and marked for intended location and application. D. Comply with NFPA 70. 2.3 FUSIBLE SWITCHES A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1.Square D by Schneider Electric. 2. Eaton Cutler-Hammer. 3. ABB/General Electric Company. B. Type HD, Heavy Duty: 1. Single throw. 2. Two or three pole, as noted on plans. 3. 240 or 600V ac as noted on plans. 4. 1200 A and smaller. 5. UL 98 and NEMA KS 1, horsepower rated, with clips or bolt pads to accommodate fuses indicated on plans, or as required by manufacture of the equipment being protected. 338 SECTION 262816 DIVISION 26 - ELECTRICAL ENCLOSED SWITCHES 262816 - 3 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262816 - Enclosed Switches.DOCXx 6. Lockable handle (in the OFF position) with capability to accept three padlocks, and interlocked with cover in closed position. 7. Ability to also lock switch handle in the ON position for exterior main disconnect. C. Accessories: 1. Equipment Ground Kit: Internally mounted and labeled for copper and aluminum ground conductors. 2. Neutral Kit: Internally mounted; insulated, capable of being grounded and bonded; labeled for copper and aluminum neutral conductors. 3. Class R Fuse Kit: Provides rejection of other fuse types when Class R fuses are specified. 4. Lugs: Suitable for number, size, and conductor material. 5. Service-Rated Switches: Labeled for use as service equipment. 2.4 ENCLOSURES A. Enclosed Switches: UL 489, NEMA KS 1, NEMA 250, and UL 50, to comply with environmental conditions at installed location. B. Enclosure Finish: The enclosure shall be finished with: 1. Gray baked enamel paint, electrodeposited on cleaned, phosphatized steel (NEMA 250 Type 1). 2. Gray baked enamel paint, electrodeposited on cleaned, phosphatized galvannealed steel (NEMA 250 Types 3R, 12). 3. Brush finish on Type 304 stainless steel (NEMA 250 Type 4-4X stainless steel). 4. Copper-free cast aluminum alloy (NEMA 250 Types 7, 9). C. Conduit Entry: NEMA 250 Types 4, 4X, and 12 enclosures shall contain no knockouts. NEMA 250 Types 7 and 9 enclosures shall be provided with threaded conduit openings in both endwalls. D. Operating Mechanism: The switch operating handle shall be externally operable with the operating mechanism being an integral part of the box, not the cover. The cover interlock mechanism shall have an externally operated override. The override shall not permanently disable the interlock mechanism, which shall return to the locked position once the override is released. The tool used to override the cover interlock mechanism shall not be required to enter the enclosure in order to override the interlock. E. Enclosures designated as NEMA 250 Type 4, 4X stainless steel, 12, or 12K shall have a dual cover interlock mechanism to prevent unintentional opening of the enclosure cover when the switch is ON and to prevent turning the switch ON when the enclosure cover is open. F. NEMA 250 Type 7/9 enclosures shall be furnished with a breather and drain kit to allow their use in outdoor and wet location applications. 339 SECTION 262816 DIVISION 26 - ELECTRICAL ENCLOSED SWITCHES 262816 - 4 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262816 - Enclosed Switches.DOCXx PART 3 - EXECUTION 3.1 ENCLOSURE ENVIRONMENTAL RATING APPLICATIONS A. Enclosed Switches: Provide enclosures at installed locations with the following environmental ratings. 1. Outdoor Locations: NEMA 250, Type 3R. 3.2 INSTALLATION A. Coordinate layout and installation of switches and components with equipment served and adjacent surfaces. Maintain required workspace clearances and required clearances for equipment access doors and panels. B. Install individual wall-mounted switches with tops at uniform height unless otherwise indicated. C. Comply with mounting and anchoring requirements specified in Section 260548.16 "Seismic Controls for Electrical Systems." D. Temporary Lifting Provisions: Remove temporary lifting of eyes, channels, and brackets and temporary blocking of moving parts from enclosures and components. E. Install fuses in fusible devices. F. Comply with NFPA 70 and NECA 1. 3.3 IDENTIFICATION A. Comply with requirements in Section 260553 "Identification for Electrical Systems." 1. Identify field-installed conductors, interconnecting wiring, and components; provide warning signs. 2. Label each enclosure with engraved metal or laminated-plastic nameplate. 3.4 FIELD QUALITY CONTROL A. Perform tests and inspections. B. Tests and Inspections for Switches: 1. Visual and Mechanical Inspection: a. Inspect physical and mechanical condition. b. Inspect anchorage, alignment, grounding, and clearances. c. Verify that the unit is clean. 340 SECTION 262816 DIVISION 26 - ELECTRICAL ENCLOSED SWITCHES 262816 - 5 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262816 - Enclosed Switches.DOCXx d. Verify blade alignment, blade penetration, travel stops, and mechanical operation. e. Verify that fuse sizes and types match the Specifications and Drawings. f. Verify that each fuse has adequate mechanical support and contact integrity. g. Inspect bolted electrical connections for high resistance using one of the two following methods: 1) Verify tightness of accessible bolted electrical connections by calibrated torque-wrench method in accordance with manufacturer's published data or NETA ATS Table 100.12. a) Bolt-torque levels shall be in accordance with manufacturer's published data. In the absence of manufacturer's published data, use NETA ATS Table 100.12. h. Verify correct phase barrier installation. i. Verify lubrication of moving current-carrying parts and moving and sliding surfaces. C. Enclosed switches will be considered defective if they do not pass tests and inspections. D. Prepare test and inspection reports. 1. Test procedures used. 2. Include identification of each enclosed switch tested and describe test results. 3. List deficiencies detected, remedial action taken, and observations after remedial action. END OF SECTION 262816 341 SECTION 262913 MANUAL AND MAGNETIC DIVISION 26 - ELECTRICAL MOTOR CONTROLLERS 262913 - 1 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262913 - Manual and Magnetic Motor Controllers.docxx SECTION 262913 - MANUAL AND MAGNETIC MOTOR CONTROLLERS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Enclosed full-voltage magnetic motor controllers. 2. Enclosures. 3. Accessories. 4. Identification. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. B. Shop Drawings: For each type of controller. 1. Include plans, elevations, sections, and mounting details. 2. Indicate dimensions, weights, required clearances, and location and size of each field connection. 3. Wire Termination Diagrams and Schedules: Include diagrams for signal, and control wiring. Identify terminals and wiring designations and color-codes to facilitate installation, operation, and maintenance. Indicate recommended types, wire sizes, and circuiting arrangements for field-installed wiring, and show circuit protection features. Differentiate between manufacturer-installed and field- installed wiring. 4. Include features, characteristics, ratings, and factory settings of individual overcurrent protective devices and auxiliary components. 1.3 INFORMATIONAL SUBMITTALS A. Seismic Qualification Data: Certificates, for magnetic controllers, from manufacturer. B. Field quality-control reports. 1.4 CLOSEOUT SUBMITTALS A. Operation and maintenance data. 342 SECTION 262913 MANUAL AND MAGNETIC DIVISION 26 - ELECTRICAL MOTOR CONTROLLERS 262913 - 2 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262913 - Manual and Magnetic Motor Controllers.docxx 1.5 QUALITY ASSURANCE A. Comply with NFPA 70. PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and use. B. UL Compliance: Fabricate and label magnetic motor controllers to comply with UL 508 and UL 60947-4-1. C. NEMA Compliance: Fabricate motor controllers to comply with ICS 2. D. Seismic Performance: Magnetic controllers shall withstand the effects of earthquake motions determined according to ASCE/SEI 7. 1. The term "withstand" means "the controller will remain in place without separation of any parts when subjected to the seismic forces specified and the unit will be fully operational after the seismic event." 2. Component Importance Factor: 1.5. 2.2 COMBINATION MAGNETIC MOTOR CONTROLLERS/DISCONNECT SWITCHES: Factory-assembled combination of magnetic controller, OCPD, and disconnecting means. A. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1.Eaton. 2.General Electric Company. 3.Rockwell Automation, Inc. 4.Square D; by Schneider Electric. B. Fusible Disconnecting Means: 1. NEMA KS 1, heavy-duty, horsepower-rated, fusible switch with clips or bolt pads to accommodate indicated fuses. 2. Lockable Handle: Accepts three padlocks and interlocks with cover in closed position. C. Auxiliary Contacts: N.O./N.C., arranged to activate before switch blades open. 343 SECTION 262913 MANUAL AND MAGNETIC DIVISION 26 - ELECTRICAL MOTOR CONTROLLERS 262913 - 3 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262913 - Manual and Magnetic Motor Controllers.docxx 2.3 ENCLOSURES A. Comply with NEMA 250, type designations as indicated on Drawings, complying with environmental conditions at installed location. 1. Outdoor Locations: Type 3R. B. The construction of the enclosures shall comply with NEMA ICS 6. 2.4 ACCESSORIES A. General Requirements for Control Circuit and Pilot Devices: NEMA ICS 5; factory installed in controller enclosure cover unless otherwise indicated. 1. Push Buttons, Pilot Lights, and Selector Switches: Heavy-duty or oil-tight unless noted otherwise. 2. Control Relays: Auxiliary and adjustable time-delay relays. B. Motor protection relays shall be with solid-state sensing circuit and isolated output contacts for hardwired connections. 1. Phase-failure. 2. Phase-reversal, with bicolor LED to indicate normal and fault conditions. Automatic reset when phase reversal is corrected. 3. Under/overvoltage, operate when the circuit voltage reaches a preset value, and drop out when the operating voltage drops to a level below the preset value. Include adjustable time-delay setting. 2.5 IDENTIFICATION A. Controller Nameplates: Laminated acrylic or melamine plastic signs, as described in Section 260553 "Identification for Electrical Systems," for each compartment, mounted with corrosion-resistant screws. PART 3 - EXECUTION 3.1 INSTALLATION A. Comply with NECA 1. B. Wall-Mounted Controllers: Install magnetic controllers on walls with tops at uniform height indicated, and by bolting units to wall or mounting on lightweight structural-steel channels bolted to wall. For controllers not at walls, provide freestanding racks complying with Section 260529 "Hangers and Supports for Electrical Systems" unless otherwise indicated. 344 SECTION 262913 MANUAL AND MAGNETIC DIVISION 26 - ELECTRICAL MOTOR CONTROLLERS 262913 - 4 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262913 - Manual and Magnetic Motor Controllers.docxx C. Maintain minimum clearances and workspace at equipment according to manufacturer's written instructions and NFPA 70. D. Wiring within Enclosures: Bundle, lace, and train conductors to terminal points with no excess and without exceeding manufacturer's limitations on bending radii. Install lacing bars and distribution spools. E. Temporary Lifting Provisions: Remove temporary lifting eyes, channels, and brackets and temporary blocking of moving parts from enclosures and components. F. Install fuses in each fusible-switch enclosed controller. G. Install fuses in control circuits if not factory installed. Comply with requirements in Section 262813 "Fuses." H. Install heaters in thermal overload relays. Select heaters based on actual nameplate full-load amperes after motors have been installed. I. Setting of Overload Relays: Select and set overloads on the basis of full-load current rating as shown on motor nameplate. Adjust setting value for special motors as required by NFPA 70 for motors that are high-torque, high-efficiency, and so on. 3.2 IDENTIFICATION A. Identify system components, wiring, cabling, and terminals. Comply with requirements for identification specified in Section 260553 "Identification for Electrical Systems." 1. Identify field-installed conductors, interconnecting wiring, and components; provide warning signs. 2. Label each enclosure with engraved nameplate. 3. Label each enclosure-mounted control and pilot device. 3.3 FIELD QUALITY CONTROL A. Perform tests and inspections. B. Tests and Inspections: 1. Comply with the provisions of NFPA 70B, "Testing and Test Methods" Chapter. 2. Visual and Mechanical Inspection a. Compare equipment nameplate data with drawings and specifications. b. Inspect physical and mechanical condition. c. Inspect anchorage, alignment, and grounding. d. Verify the unit is clean. e. Inspect contactors: 345 SECTION 262913 MANUAL AND MAGNETIC DIVISION 26 - ELECTRICAL MOTOR CONTROLLERS 262913 - 5 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\262913 - Manual and Magnetic Motor Controllers.docxx 1) Verify mechanical operation. 2) Verify contact gap, wipe, alignment, and pressure are according to manufacturer's published data. f. Motor-Running Protection: 1) Verify overload element rating is correct for its application. 2) If motor-running protection is provided by fuses, verify correct fuse rating. g. Verify appropriate lubrication on moving current-carrying parts and on moving and sliding surfaces. C. Motor controller will be considered defective if it does not pass tests and inspections. D. Prepare test and inspection reports. 3.4 SYSTEM FUNCTION TESTS A. System function tests shall prove the correct interaction of sensing, processing, and action devices. Perform system function tests after field quality control tests have been completed and all components have passed specified tests. 1. Perform tests for the purpose of evaluating performance of integral components and their functioning as a complete unit within design requirements and manufacturer's published data. 2. Verify the correct operation of interlock safety devices for fail-safe functions in addition to design function. 3. Verify the correct operation of sensing devices, alarms, and indicating devices. B. Motor controller will be considered defective if it does not pass the system function tests and inspections. C. Prepare test and inspection reports. 3.5 DEMONSTRATION A. Train Owner's maintenance personnel to adjust, operate, and maintain enclosed controllers. END OF SECTION 262913 346 SECTION 264313 SURGE PROTECTION FOR LOW-VOLTAGE DIVISION 26 - ELECTRICAL ELECTRICAL POWER CIRCUITS 264313 - 1 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\264313 - Surge Protection for Low-Voltage Electrical Power Circuits.docxx SECTION 264313 - SURGE PROTECTION FOR LOW-VOLTAGE ELECTRICAL POWER CIRCUITS PART 1 - GENERAL 1.1 SUMMARY A. Section includes field-mounted SPDs for low-voltage (120 to 600 V) power distribution and control equipment. 1.2 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Include rated capacities, operating characteristics, electrical characteristics, and furnished specialties and accessories. 2. Copy of UL Category Code VZCA certification, as a minimum, listing the tested values for VPRs, Inominal ratings, MCOVs, type designations, OCPD requirements, model numbers, system voltages, and modes of protection. 1.3 INFORMATIONAL SUBMITTALS A. Field quality-control reports. B. Sample Warranty: For manufacturer's special warranty. 1.4 CLOSEOUT SUBMITTALS A. Maintenance data. 1.5 WARRANTY A. Manufacturer's Warranty: Manufacturer agrees to replace or replace SPDs that fail in materials or workmanship within specified warranty period. 1. Warranty Period: Five years from date of Substantial Completion. 347 SECTION 264313 SURGE PROTECTION FOR LOW-VOLTAGE DIVISION 26 - ELECTRICAL ELECTRICAL POWER CIRCUITS 264313 - 2 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\264313 - Surge Protection for Low-Voltage Electrical Power Circuits.docxx PART 2 - PRODUCTS 2.1 GENERAL SPD REQUIREMENTS A. SPD with Accessories: Listed and labeled as defined in NFPA 70, by a qualified testing agency, and marked for intended location and application. B. Comply with NFPA 70. C. Comply with UL 1449. D. MCOV of the SPD shall be the nominal system voltage. 2.2 EXTERIOR MOUNTED ‘LIGHTNING ARRESTOR’ SPD A.Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: 1. Square D. 2.General Electric Company. 3.Eaton. B. SPD: 1. Comply with UL 1449, Type 1. 2. Designed to be installed without OCPD. 3. NEMA 4X enclosure with nipple mount for installation on outside of exterior main disconnect switch. 4. 15” #14 AWG connection leads (cut as necessary to maintain shortest lead length possible). C. Characteristics and protection modes and UL 1449 VPR for grounded wye circuits with 480Y/277 V, three-phase, four-wire circuits shall be as follows: 1. Maximum Continuous Operating Voltage (MCOV): a. Line to Neutral: 420 V. b. Line to Line: 840 V. 2. Peak Voltage Let-Through (Vpk): a. Line to Neutral: 1500 V. b. Line to Line: 2500 V. 3. Peak Surge Current Rating per Phase: 40 kA. 4. Nominal Current Rating (I-nom): 10 kA 5. Short Circuit Current Rating (SCCR): 200 kA. D. Characteristics and protection modes and UL 1449 VPR for grounded wye circuits with 208Y/120 V, three-phase, four-wire circuits shall be as follows: 348 SECTION 264313 SURGE PROTECTION FOR LOW-VOLTAGE DIVISION 26 - ELECTRICAL ELECTRICAL POWER CIRCUITS 264313 - 3 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\264313 - Surge Protection for Low-Voltage Electrical Power Circuits.docxx 1. Maximum Continuous Operating Voltage (MCOV): a. Line to Neutral: 180 V. b. Line to Line: 360 V. 2. Peak Voltage Let-Through (Vpk): a. Line to Neutral: 700 V. b. Line to Line: 1200 V. 3. Peak Surge Current Rating per Phase: 40 kA. 4. Nominal Current Rating (I-nom): 10 kA 5. Short Circuit Current Rating (SCCR): 200 kA. 2.3 SERVICE ENTRANCE SUPPRESSOR A.Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to the following: 1.Advanced Protection Technologies Inc. (APT). 2.Current Technology Inc. 3.Eaton. 4.General Electric Company. 5.Leviton Manufacturing Co., Inc. 6.Liebert; a brand of Vertiv. 7. Square D. B. SPDs: Comply with UL 1449, Type 1. 1. Permanently connected, hard-wired SPD that can be installed in both locations noted: a. Between the secondary of the service transformer and the line side of the main service equipment overcurrent protective device. b. On the load side of the main service equipment. 2. SPDs with the following features and accessories: a. Internal thermal protection that disconnects the SPD before damaging internal suppressor components. b. Indicator light display for protection status. C. Features and Accessories: 1. Internal thermal protection that disconnects the SPD before damaging internal suppressor components. 2. Indicator light display for protection status. 3. Surge counter. D. Peak Surge Current Rating: The minimum single-pulse surge current withstand rating per phase shall not be less than 200 kA. The peak surge current rating shall be the arithmetic sum of the ratings of the individual MOVs in a given mode. 349 SECTION 264313 SURGE PROTECTION FOR LOW-VOLTAGE DIVISION 26 - ELECTRICAL ELECTRICAL POWER CIRCUITS 264313 - 4 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\264313 - Surge Protection for Low-Voltage Electrical Power Circuits.docxx E. Characteristics and protection modes and UL 1449 VPR for grounded wye circuits with 480Y/277 V, three-phase, four-wire circuits shall be as follows: 1. Maximum Continuous Operating Voltage (MCOV): a. Line to Neutral: 420 V. b. Line to Line: 840 V. 2. Peak Voltage Let-Through (Vpk): a. Line to Ground: 1200 V. b. Line to Neutral: 1200 V. c. Line to Line: 2000 V. 3. Nominal Current Rating (I-nom): 20 kA 4. Short Circuit Current Rating (SCCR): 100 kA. F. Characteristics and protection modes and UL 1449 VPR for grounded wye circuits with 208Y/120 V, three-phase, four-wire circuits shall be as follows: 1. Maximum Continuous Operating Voltage (MCOV): a. Line to Neutral: 180 V. b. Line to Line: 360 V. 2. Peak Voltage Let-Through (Vpk): a. Line to Ground: 700 V. b. Line to Neutral: 700 V. c. Line to Line: 1000 V. 3. Nominal Current Rating (I-nom): 20 kA 4. Short Circuit Current Rating (SCCR): 100 kA. 2.4 ENCLOSURES A. Outdoor Enclosures: NEMA 250, Type 3R. PART 3 - EXECUTION 3.1 INSTALLATION A. Comply with NECA 1. B. Install an OCPD or disconnect as required to comply with the UL listing of the SPD. C. Install SPDs with conductors between suppressor and points of attachment as short and straight as possible, and adjust circuit-breaker positions to achieve shortest and straightest leads. Do not splice and extend SPD leads unless specifically permitted by manufacturer. Do not exceed manufacturer's recommended lead length. Do not bond neutral and ground. D. Use crimped connectors and splices only. Wire nuts are unacceptable. 350 SECTION 264313 SURGE PROTECTION FOR LOW-VOLTAGE DIVISION 26 - ELECTRICAL ELECTRICAL POWER CIRCUITS 264313 - 5 of 5 Pages N:\0417\092 - Ice Control Well\Design docs\ProjectManual\00_Specifications\04_Division 26\264313 - Surge Protection for Low-Voltage Electrical Power Circuits.docxx E. Complete startup checks according to manufacturer's written instructions. Energize SPDs after power system has been energized, stabilized, and tested. 3.2 FIELD QUALITY CONTROL A. Perform the following tests and inspections with the assistance of a factory-authorized service representative. 1. Compare equipment nameplate data for compliance with Drawings and Specifications. 2. Inspect anchorage, alignment, grounding, and clearances. 3. Verify that electrical wiring installation complies with manufacturer's written installation requirements. B. An SPD will be considered defective if it does not pass tests and inspections. C. Prepare test and inspection reports. 3.3 DEMONSTRATION A. Train Owner's maintenance personnel to operate and maintain SPDs. END OF SECTION 264313 351 APPENDIX A PROJECT PLANS 352 D T OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP E BP BP BP BP BP BP BT BTBT BT BTV BTV BTV BTV BTV BTV NG NG NG NG NG NG NG NG N G NGSD SD SD SD SD OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP T W NOTES: 1.ALL BOLTS, NUTS & WASHERS ARE TO BE SERIES 300 STAINLESS STEEL. PLACE 4" OF WASHED GRAVEL THE SAME LENGTH AND WIDTH OF THE THRUST BLOCK (MIN.) BACKFILL TO BE HAND-PLACED & HAND-COMPACTED REINFORCED CONCRETE COLLAR AROUND VALVE BOX 4' MIN.4' MIN.5'-0" MIN.MUELLER VALVE MODEL A2362 VALVE BOX ADAPTOR THRUST BLOCK (SEE DETAIL, USE 6" VALVE DIMENSIONS) NOTE: DO NOT ALLOW VALVE BOX TO TOUCH VALVE WATER LINE RESTRAIN VALVE TO PIPE VALVE BOX (SCREW TYPE), SIGMA VB630D OR APPROVED EQUAL WRAP IN POLYETHYLENE ENCASEMENT WORD "WATER" ON TOP STANDARD THRUST BLOCK DIMENSIONS ANCHOR ROD SIZE VALVE SIZE 100 PSI 150 PSI 200 PSI 250 PSI 300 PSI "A""B""C""A""B""C""A""B""C""A""B""C""A""B""C"34"6"&8"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-7"34"10"2'-0"2'-0"2'-0"2'-6"2'-6"2'-0"2'-9"2'-6"2'-6"3'-0"3'-0"3'-0"3'-7"3'-0"3'-0"34"12"2'-3"2'-0"2'-0"3'-0"3'-0"2'-8"3'-5"3'-0"3'-0"4'-3"3'-0"3'-0"5'-1"3'-0"3'-0" 1"14"2'-3"2'-0"2'-4"3'-5"3'-0"3'-0"4'-6"3'-0"3'-0"4'-0"4'-0"4'-0"4'-9"4'-0"4'-0" 118"16"3'-0"3'-0"2'-11"4'-4"3'-0"3'-0"4'-1"4'-0"4'-0"5'-1"4'-0"4'-0"6'-1"4'-0"4'-0" 114"18"3'-0"3'-0"3'-0"5'-5"3'-0"3'-0"5'-1"4'-0"4'-0"6'-4"4'-0"4'-0"5'-9"5'-0"5'-0" 138"24"4'-4"4'-0"4'-0"6'-5"4'-0"4'-0"6'-6"5'-0"5'-0"6'-5"6'-0"6'-0"7'-8"6'-0"6'-0""C""B" "A""C"6"REBAR ANCHOR CONC ANCHOR NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO. 50 COATING OR EQUAL. 3 - THRUST BLOCKING FOR WATER MAIN VALVES SCALE: N.T.S. VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2023COPYRIGHT © MORRISON-MAIERLE, SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\0417\092 - ICE CONTROL WELL\ACAD\SHEETS\0417092 WELL PLAN AND DETAILS.DWGREVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle PLOTTED BY:BENJAMIN J. COPE ON Nov/03/2023 BOZEMAN CREEK ICE PREVENTION WELL BOZEMAN MONTANA PLAN AND DETAILS 0417.092 1 BJC BJC NPE 11/03/23 JRN 10/30/23 ## ## ### #### # ## 10 205100 SCALE IN FEET IFC 11/03/23 1 1/2" MIN. SIZE VENT W/24 MESH SCREEN 18"5'-0" MIN. BURY4" SCH40 PVC SUPPLY LINE ELEC. TO CONTROL PANEL BAKER PITLESS ADAPTER, MODEL 6PS810WBWE04T4 NO. 3 FLAT SUBMERSIBLE CABLE 1" SCH. 40 PVC MONITORING TUBE 8-INCH NOMINAL STEEL WELL CASING 0.250" MINIMUM WALL THICKNESS 4" GALVANIZED DROP PIPE CHECK VALVE PUMP - GRUNDFOS SP300S-6, 25HP MOTOR K-PACKER DRIVE SHOE 8-INCH TELESCOPIC STAINLESS STEEL WELL SCREEN - ASSUME 0.050 FACTORY SLOTTED TAILPIPE W/ TAIL END ALLEY EDGE OF PAVEMENT PROVIDE SECURITY FENCE ACROSS ALLEY AT PROPERTY BOUNDARY DURING CONSTRUCTION PROVIDE SECURITY FENCE ACROSS ALLEY AT PROPERTY BOUNDARY DURING CONSTRUCTION DRILL SUPPORT / PIPE TRUCK (40' X 12')DRILL (40' X 12') DRILL WATER FILTRATION AND CUTTINGS DISPOSAL 1 X-X 8" WELL DETAIL SCALE: N/A 2 X-X VALVE DETAIL SCALE: N/A 4" GATE VALVE, SEE DETAIL 2. FIELD LOCATE BETWEEN PAVEMENT AND CREEK BANK 8" WELL, SEE DETAIL 1 MAINTAIN 12' CLEARANCE FROM OVERHEAD POWER LINES POLE FOR NEW OVERHEAD POWER SERVICE. MOUNT METER AND PUMP CONTROLS ON POLE DISCHARGE WATER DURING CONSTRUCTION AND WELL DEVELOPMENT TO STORM DRAIN AFTER TREATMENT 300 ' 260 ' 240 ' ESTIMATED SWL - 15 ' REMOVE TWO TREES AS DIRECTED TO ALLOW DRILL POSITIONING □□□□□□□□□□□□□□ CONSTRUCTION LIMITS. SECURE WITH FENCING. INSTALL 2-TON LANDSCAPING ROCK AFTER WELL COMPLETION PROPOSED EASEMENT SAWCUT ASPHALT AND REPLACE WITH FLOWABLE FILL AFTER CONSTRUCTION 4" PVC DISCHARGE PIPE EX. ROCK MASONRY WALL. REPLACE TO ORIGINAL DIM. AND BACKFILL WITH ENGINEERED STRUCTURAL FILL PROPOSED POWER CONDUIT AND WIRING 353 UTILITY POLE OVERHEAD EXTENSION BY UTILITY M NEW DROP AND EQUIPMENT POLE BY UTILITY METER SOCKET BASE BY CONTRACTOR, PER UTILITY REQUIREMENTS. 480Y/277V, 3PH, 4W, 200A WEATHERHEAD & 2" CONDUIT TO POLE-MOUNTED METER BASE BY CONTRACTOR. SECONDARY CONDUCTORS BY UTILITY. 11 1N GROUND PER GROUNDING DETAIL MAIN DISCONNECT SE RATED, NEMA 3R 480Y/277V, 3PH, 4W, 60HZ 100 AS, 100 AF 7,765 AIC CALCULATED 1N WELL PUMP CONTROLLER M 0.6N WELL PUMP 25HP COMBINATION MOTOR STARTER/DISCONNECT NEMA 3R ENCLOSURE SOFT START WITH HOA SWITCH AND RESET SIZE: NEMA 2 60 AS, 50 AF WITH AUX CONTACTS NEW POLE-MOUNT TRANSFORMERS BY UTILITY J TRANSITION TO PUMP MANUFACTURER CABLE WITHIN WELL HEAD JUNCTION BOX. N G BOND NEUTRAL TO GND AT THIS LOCATION ONLY INCOMING SERVICE NEUTRAL AND EQUIPMENT GROUND CONDUCTORS #6 CU 10' GND RODS MAIN DISCONNECT SPACE MINIMUM 10' APART. PROVIDE FULLY-DRIVEN. WIDTH 2"4"36"RESURFACE TO MATCH EXISTING. PROVIDE NEW CONCRETE, ASPHALT, SEED, OR EXISTING SOD AS REQUIRED. SEE SPECS FOR MATERIAL AND INSTALLATION REQUIREMENTS. SAND OR CLEAN SOIL CONDUIT AND WIRE COMPACTED BACKFILL WARNING TAPE UNDISTURBED EARTH NOTES: 1. WIDTH: MINIMUM 6". 2. CONTRACTOR MAY USE BORING MACHINE IN LIEU OF TRENCHING WHERE CONDITIONS PERMIT. EQUIPMENT AND CONDUIT SHALL BE PRE-APPROVED BY ARCHITECT/ENGINEER.12"6'-0" MAX.TO GROUND RODS METER BASE PER UTILITY REQUIREMENTS MAIN DISCONNECT FINISHED GRADE 24" MIN.WELL PUMP CONTROLLER TO WELL PUMP BACK FRONT POLE BY UTILITY 2" CONDUIT PER UTILITY REQUIREMENTS UP TO WEATHERHEAD HOA ELECTRICAL PROJECT GENERAL NOTES A. PRIOR TO BID CONTRACTOR SHALL VISIT THE SITE. NOT ALL WORK REQUIRED TO COMPLETE THE PROJECT IS SHOWN ON THE DRAWINGS. THE CONTRACTOR SHALL BECOME THOROUGHLY FAMILIAR WITH ALL THE WORK REQUIRED TO COMPLETE THE PROJECT IN ADDITION TO THE LOCAL CONDITIONS AND INCLUDE SAID WORK IN THE BID. B. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COORDINATION OF ALL ELECTRICAL SERVICE WORK WITH UTILITY (NORTHWESTERN ENERGY). OWNER PAYS ALL FEES, CONTRACTOR DOES ALL SCHEDULING AND COORDINATION OF WORK. IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE ALL SCHEDULES ARE MET. C. GENERAL WORK PRACTICES FOR ELECTRICAL CONSTRUCTION SHALL BE IN ACCORDANCE WITH NECA 1, "STANDARD PRACTICES FOR GOOD WORKMANSHIP IN ELECTRICAL CONTRACTING." THIS PUBLICATION IS AVAILABLE FROM NECA BY TELEPHONE AT 301-657-3110 OR ON-LINE AT WWW.NECANET.ORG. D. THE COMPLETED INSTALLATION SHALL CONFORM TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL ORDINANCES AND REGULATIONS. E. COMPLETE ALL WORK IN ACCORDANCE WITH 2020 NATIONAL ELECTRIC CODE (NEC) REQUIREMENTS. F. CONTRACTOR SHALL OBTAIN NECESSARY PERMITS AND INSPECTIONS REQUIRED BY THE GOVERNING AUTHORITIES. G. ALL MATERIALS SHALL BE NEW AND OF THE BEST QUALITY, MANUFACTURED IN ACCORDANCE WITH NEMA, ANSI, U.L., OR OTHER APPLICABLE STANDARDS. THE USE OF MANUFACTURERS NAMES, MODELS, AND NUMBERS IS INTENDED TO ESTABLISH STYLE, QUALITY, APPEARANCE, USEFULNESS, AND BID PRICE. PROPOSED SUBSTITUTIONS SHALL BE SUBMITTED DURING THE SUBMITTAL PROCESS IN WRITING AND REVIEWED BY THE ENGINEER PRIOR TO ORDERING THE EQUIPMENT. H. PROTECT ALL ELECTRICAL MATERIAL AND EQUIPMENT INSTALLED UNDER THIS DIVISION AGAINST DAMAGE BY OTHER TRADES, WEATHER CONDITIONS, OR ANY OTHER CAUSES. EQUIPMENT FOUND DAMAGED OR IN OTHER THAN NEW CONDITION WILL BE REJECTED AS DEFECTIVE. I. LEAVE THE SITE CLEAN, REMOVE ALL DEBRIS, EMPTY CARTONS, TOOLS, CONDUIT, WIRE SCRAPS, AND ALL MISCELLANEOUS SPARE EQUIPMENT AND MATERIALS USED IN THE WORK DURING CONSTRUCTION. ALL COMPONENTS SHALL BE FREE OF DUST, GRIT, AND FOREIGN MATERIALS, LEFT AS NEW BEFORE FINAL ACCEPTANCE OF WORK. PRIME AND REPAINT ALL STRUCTURAL SURFACES THAT HAVE BEEN DRILLED OR WELDED. J. CONDUCTORS ARE SIZED PER THE 75 DEGREE C RATING COLUMN OF NEC TABLE 310.16. IF THE TERMINAL USED FOR A TERMINATION OF A PARTICULAR CONDUCTOR IS NOT MARKED, OR THE TERMINAL IS MARKED FOR 60 DEGREE C CONDUCTORS, IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO EITHER ADJUST THE AMPACITY OF THE CONDUCTOR TO MATCH THE 60 DEGREE COLUMN OF TABLE 310.16, OR REPLACE THE TERMINAL WITH ONE RATED FOR AT LEAST 75 DEGREES C. SHEET NUMBER PROJECT NUMBER DRAWING NUMBER VERIFY SCALE! MONTANA COPYRIGHT © MORRISON-MAIERLE, 2022 DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 09/19/23 BCL THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! www.m-m.net 406.587.0721 2880 Technology Blvd West Bozeman, MT 59718 PLOTTED ON:PLOTTED ON:C:\Users\rmaroney\Documents\0417.092 - CoB Ice Well - Elec - R21_rmaroney034.rvt11/3/2023 11:43:25 AMC:\Users\rmaroney\Documents\0417.092 - CoB Ice Well - Elec - R21_rmaroney034.rvt0417.092 E1ELECTRICAL PLAN RPM - 11/03/23 NPE BOZEMAN IFC RPM 11/03/23 CITY OF BOZEMAN BOZEMAN CREEK ICE PREVENTION WELL N.T.S.1 ELECTRICAL ONE-LINE DIAGRAM N.T.S.2 GROUNDING AND BONDING RISER DIAGRAM N.T.S.3 CONDUIT TRENCH DETAIL N.T.S.4 UTILITY POLE -ELEVATION DETAIL 1N 100 4W 1 1-1/2" 3#2 1#2 1#8 0.6N 60 4W 1 1-1/4" 3#6 1#6 1#10 CONDUIT PHASE QTY AND AWG NEUTRAL AWG GROUND AWG FEEDER NUMBER AMPS WIRE QTY PER CONDUIT SETS IN PARALLEL 75 DEG COPPER FEEDER NUMBER KEY: N = INCLUDES NEUTRAL CONDUCTOR NOTE: GROUNDING CONDUCTOR IS SIZED ACCORDING TO NEC 250.122 TABLE, UNLESS FEEDER NUMBER IS FOLLOWED BY AN ASTERISK (*) INDICATING THAT THE GROUNDING CONDUCTOR IS SIZED ACCORDING TO NEC 250.66 TABLE. SCHEDULE IS BASED ON 75 DEGREE C. COPPER CONDUCTORS IN NEC 310.60 TABLE. FEEDER SCHEDULE - COPPER KEY NOTES:# 1. PROVIDE IN ACCORDANCE WITH UTILITY (NORTHWESTERN ENERGY) STANDARDS. CONFIRM ALL REQUIREMENTS WITH NORTHWESTERN ENERGY PRIOR TO WORK STARTING. No. 60006 PE RYAN P. MARONEY M O NTANA LICENS E DPRO F E SSIONA L E N G IN EERREVISIONS NO. DESCRIPTION BY DATE 354 APPENDIX B STORMWATER INLET LOCATION FOR WELL WATER DISCHARGE 355 E Mendenhall St BozemanCreekE Mendenhall St BozemanCreekE Mendenhall St NRouseAveNRouseAveEsri Community Maps Contributors, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, City of Bozeman GIS Dept, City of Bozeman, Montana, Maxar, Microsoft \\mmi\Share\Bozeman\Projects\0417\092 - Ice Control Well\Design docs\Project Manual\04_Specifications\Division 2\Supplemental\StormInlet_Map\StormInlet_Discharge.aprx; Plotted: 9/15/2023 COPYRIGHT © MORRISON-MAIERLE, INC., 2023 FIGURE NO. PROJECT NO. MTCITY OF BOZEMAN FIG. 1 0417.092DRAWN BY: AMS CHK'D BY: PE APPR. BY: PE DATE: 09/2023 2880 Technology Blvd, WBozeman, MT 59718 Phone: (406) 587-0721 BOZEMAN CREEK ICE PREVENTION WELL STORM INLET DISCHARGE LOCATION 0 40 8020Feet ³LEGEND City Storm Inlet Location Approximate Project Area 356 APPENDIX C JOINT APPLICATION 357 JOINT APPLICATION FOR PROPOSED WORK IN MONTANA’S STREAMS, WETLANDS, FLOODPLAINS & OTHER WATER BODIES This is a standardized application to apply for one or all local, state, or federal permits listed below. • Refer to instructions to determine which permits apply and submit a signed application to each applicable agency. • Incomplete applications will result in the delay of the application process. • The applicant is responsible for obtaining all necessary permits and landowner permission before beginning work. • Other laws may apply. PERMIT AGENCY FILL OUT SECTIONS FEE 310 Permit Local Conservation District A - E and G Inquire locally x SPA 124 Permit Department of Fish, Wildlife and Parks A - E and G No fee x 318 Authorization 401 Certification Department of Environmental Quality A - E and G $250 (318); $400 - $20,000 (401) Navigable Rivers Land Use License, Lease, or Easement Department of Natural Resources and Conservation, Trust Lands Management Division A - E and G $50, plus additional fee x Section 404 Permit, Section 10 Permit U. S. Army Corps of Engineers (USACE) A - G F1-8 Varies ($0 - $100) x Floodplain Permit Local Floodplain Administrator A - G Varies by city/county ($25 - $500+) A. APPLICANT INFORMATION APPLICANT NAME (person responsible for project): City of Bozeman, Griffin Nielsen PE, Engineering/Utilities Department Has the landowner consented to this project? ☒ Yes ☐ No Mailing Address: P.O. Box 1230, Bozeman, MT 59771 Physical Address: 20 East Olive Street, Bozeman, MT 59715 Cellphone:406-582-2279 Home Phone: 406-595-1598 E-Mail:gnielsen@bozeman.net LANDOWNER NAME (if different from applicant): Vertex Holdings LLC Mailing Address: 402 E Main St STE 3, Bozeman, MT 59715 Physical Address: E Mendenhall St, Bozeman, MT 59715 Cellphone: 406-223-6198 Home Phone: N/A E-Mail: N/A CONTRACTOR/COMPANY NAME (if applicable): Morrison Maierle, Inc. PRIMARY CONTACT NAME: Christine Pearcy, Environmental Scientist Physical Address: 2880 Technology Blvd West, Bozeman, MT 59718 Cellphone:406-581-6543 Home Phone:406-922-6846 E-Mail:cpearcy@m-m.net Revised: 5/12/2021 310 Form 270 and Instructions may be downloaded from: http://dnrc.mt.gov/licenses-and-permits/stream-permitting CD/AGENCY USE ONLY Application # Click to enter text. Date Received Date Date Accepted Date Initials Initials Date FW: to FWP Date This space is for all Department of Transportation and SPA 124 permits (government projects). Project Name Click to enter text. Control Number Click to enter text. Contract Letting Date Date MEPA/NEPA Compliance ☐Yes ☐No If yes, #C5 of this application does not apply. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 358593 B. PROJECT SITE INFORMATION 1. NAME OF STREAM or WATER BODY at project location Bozeman Creek Project Address/Location: City ROW near Mendenhall St. Nearest Town Bozeman County: Gallatin Geocode: N/A Choose.1/4 of the Choose. 1/4 of, Section 07 Township 02S, Range 06E Latitude 45°40'47.90"N Longitude111° 1'58.00"W Refer to section B1 in the instructions. 2. Is the proposed activity within SAGE GROUSE areas designated as general, connected, or core habitat? Yes ☐ No ☒ Attach consultation letter if required. Refer to section B2 in the instructions. 3. Is this a STATE NAVIGABLE WATERWAY? The state owns beds of certain navigable waterways. Yes ☐ No☒ If yes, send a copy of this application to the appropriate DNRC land office. Refer to section B3 in the instructions. 4. WHAT IS THE CURRENT CONDITION of the proposed project site? Describe the existing bank condition, bank slope, height, nearby structures, and wetlands. What vegetation is present? Refer to section B4 in the instructions. The project location is an urban stream corridor that has very little in-tact natural qualities. The streambank of Bozeman Creek is fairly steep with a 1:1 or greater slope. The banks are armored with large cobbles (6-18”) that have been fashioned into a rudimentary retaining wall. The creek bottom contains a mixture of cobbles, trash, debris, and fallen branches from the nearby vegetation. The vegetation community is primarily composed of dispersed trees, grasses and weeds. There are no wetlands within or adjacent to the proposed project location. At the project location, each side of the creek is hemmed in by parking lots. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 359594 C. PROPOSED PROJECT OR ACTIVITY INFORMATION 1. TYPE OF PROJECT (check all that apply) Refer to section C1 in the instructions. ☐ Agricultural and Irrigation Projects: Diversions, Headgates, Flumes, Riparian fencing, Ditches, etc. ☐ Buildings/Structures: Accessory Structures, Manufactured Homes, Residential or Commercial Buildings, etc. ☐ Channel/Bank Projects: Stabilization, Restoration, Alteration, Dredging, Fish Habitat, Vegetation or Tree Removal, or any other work that modifies existing channels or banks. ☐ Crossings/Roads: Bridge, Culvert, Fords, Road Work, Temporary Access, or any project that crosses over or under a stream or channel. ☐ Mining Projects: All mining related activity, including; Placer Mining, Aggregate Mining, etc. ☐ Recreation related Projects: Boat Ramps, Docks, Marinas, etc. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 360595 ☒ Other Projects: Cistern, Debris Removal, Excavation/Pit/Pond, Placement of Fill, drilling or directional boring, Utilities, Wetland Alteration. Other project type not listed here: Well and discharge piping 2. IS THIS APPLICATION FOR an annual maintenance permit? ☐ Yes ☒ No (If yes attach annual plan of operation to this application) – Refer to section C2 in the instructions. 3. WHY IS THIS PROJECT NECESSARY? STATE THE PURPOSE OR GOAL of the proposed project. Refer to section C3 in the instructions. An existing well is located at the City’s Fire Station #1. The proposed well in the City’s ROW on Bozeman Creek between Main Street and Mendenhall Street will produce similar yields and discharges. However, the new well location is necessary to increase water temperatures in the creek during colder months and prevent freezing and flooding of the creek. 4. PROVIDE A BRIEF DESCRIPTION of the proposed project plan and how it will be accomplished. Refer to section C4 in the instructions. Drill an 8-inch, 300 foot deep well screened with a stainless-steel vee-wire screen. Install new power/service controls for the well in coordination with Northwestern Energy. Install a 4” discharge pipe and gate valve between well and creek bank. Drill cuttings and water will be settled, filtered, and discharged according to meet City standards. Well will be operated during low-flow cooler months to prevent ice jams and flooding on Bozeman Creek. 5. WHAT OTHER ALTERNATIVES were considered to accomplish the stated purpose of the project? Why was the proposed alternative selected? Refer to section C5 in the instructions. Alternative 1: Do nothing – Do not replace well from Firehouse #1. This would increase ice formation in Bozeman Creek, causing potential flooding issues upstream and downstream of the project location. Alternative 2: Well in different location – Other locations weren’t as feasible. The selected location was the most suitable location as an easement was negotiated between the property owner and the City. 6. NATURAL RESOURCE BENEFITS OR POTENTIAL IMPACTS. Please complete the information below to the best of your ability. * Explain any temporary or permanent changes in erosion, sedimentation, turbidity, or increases of potential contaminants. What will be done to minimize those impacts? There will be no changes to the creek or its banks. The existing cobble-armored banks will prevent erosion from the well discharge effluent. The streambank will be returned to its pre-construction condition. • Will the project cause temporary or permanent impacts to fish and/or aquatic habitat? What will be done to protect the fisheries? The current flood risk on Bozeman Creek in this location would negatively impact aquatic habitat. The new well discharge effluent will not change water quality and therefore there will not be negative impacts to any species. Well cuttings and drill water will be settled, tested, and discharged in an appropriate location to not negatively impact water quality. • What will be done to minimize temporary or permanent impacts to the floodplain, wetlands, or riparian habitat? . The stream channel has nearly vertical walls at the project location and the work will not permanently alter the channel cross-section or roughness, meaning there will be no impact to the floodplain. The project location is in an urbanized stream corridor where a retaining wall has been constructed to contain the stream bank. Little riparian habitat exists, and no wetlands are located in or around the proposed project area. A floodplain permit is attached to this application. • What efforts will be made to decrease flooding potential upstream and downstream of project? This project will decrease flooding potential upstream and downstream of the project location due to the benefits to the prevention of ice formation. Construction activities will not contribute to flood risk. • Explain potential temporary or permanent changes to the water flow or to the bed and banks of the waterbody. What will be done to minimize those changes? The bed will not be disturbed during or post-construction. The banks will be returned to their pre-construction condition. Water flow will not be impacted by construction activities. • How will existing vegetation be protected and its removal minimized? Explain how the site will be revegetated. Include weed control plans. There is minimal vegetation along the stream banks of Bozeman Creek, as the proposed project is located in an urbanized stream corridor. Sparse vegetation exists at the top of the banks. Vegetation removal will be limited to approximately two trees for well access. D. CONSTRUCTION DETAILS DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 361596 1. PROPOSED CONSTRUCTION DATES. Include a project timeline. Start date 12/1/2023 Finish date 1/1/2024 How long will it take to complete the project? Approximately 1 Month Is any portion of the work already completed? ☐ Yes ☒ No (If yes, describe previously completed work.) Refer to section D1 in the instructions. Click here to enter text. 2. PROJECT DIMENSIONS. Describe length and width of the project. Refer to section D2 in the instructions. An easement was established with the property owner that is approximately 694 SF in area, adjacent to Bozeman Creek near the alley between Main Street and Mendenhall Street. The drill and pipe trucks will each utilize approximately 480 SF near the easement. The discharge pipe work will be minimal inside the City’s ROW for Bozeman Creek. 3. EQUIPMENT. List all equipment that will be used for this project. How will the equipment be used on the bank and/or in the water? Note: All equipment used in the water must be clean, drained and dry. Refer to section D3 in the instructions. Well drill, support truck (pipe), and other standard construction equipment including but not limited to excavators, loaders, and dump trucks. Will equipment from out of state be used? YES ☐ NO ☒ UNKNOWN ☐ Will the equipment cross west over the continental divide to the project site? YES ☐ NO ☒ UNKNOWN ☐ Will equipment enter the Flathead Basin? YES ☐ NO ☒ UNKNOWN ☐ 4. MATERIALS. Provide the total quantity and source of materials proposed to be used or removed. Note: This may be modified during the permitting process therefore it is recommended you do not purchase materials until all permits are issued. List soil/fill type, cubic yards and source, culvert size, rip-rap size, any other materials to be used or removed on the project. Refer to section D4 in the instructions. Cubic yards/Linear feet Size and Type Source ~3 cubic yards suitable backfill material Existing site materials ~3 cubic yards Pipe bedding material Local supplier E. REQUIRED ATTACHMENTS 1. PLANS AND/OR DRAWINGS of the proposed project. Include: • Plan/Aerial view • an elevation or cross section view • dimensions of the project (height, width, depth in feet) • location of storage or stockpile materials dimensions and location of fill or excavation sites • drainage facilities • location of existing/proposed structures, such as buildings, utilities, roads, or bridges • an arrow indicating north • Site photos See attached: ELECTRICAL PLAN DRAFT, WELL PLAN AND DETAILS, Downtown Ice Wells Map 2. ATTACH A VICINITY MAP OR A SKETCH which includes: The water body where the project is located, roads, tributaries, other landmarks. Place an “X” on the project location. Provide written directions to the site. This is a plan view (looking at the project from above).Please find the following figures attached: Figure 1: Vicinity Map Figure 2: Topographic Map Figure 3: Aerial Map Figure 4: USDA NRCS Soils Map Figure 5: National Wetland Inventory Map DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 362597 Directions to project site: From the intersection of Main Street and N Rouse Avenue, head North. Turn West at the alleyway between Main Street and Mendenhall Street. The project is located northwest of the bridge in the alley. 3. ATTACH ANNUAL PLAN OF OPERATION if requesting a Maintenance 310 Permit. N/A 4. ATTACH AQUATIC RESOURCE MAP. Document the location and boundary of all waters of the U.S. in the project vicinity, including wetlands and other special aquatic sites. Show the location of the ordinary high-water mark of streams or waterbodies. if requesting a Section 404 or Section 10 Permit. Ordinary high-water mark delineation included on plan or drawings and/or a separate wetland delineation. Wetlands do not exist within the project area. The Ordinary High Water Mark (OHWM) of Bozeman Creek was delineated. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 363598 F. ADDITIONAL INFORMATION FOR U.S. ARMY CORPS OF ENGINEERS (USACE) SECTION 404, SECTION 10 AND FLOODPLAIN PERMITS. Section F should only be filled out by those needing Section 404, Section 10, and/or Floodplain permits. Applicants applying for Section 404 and/or Section 10 permits complete F 1- 8. Applicants applying for Floodplain permits, complete all of Section F. Refer to section F in the instructions. FOR QUESTIONS RELATING TO SECTION F, QUESTIONS 1-8 PLEASE CONTACT THE USACE BY TELEPHONE AT 406-441-1375 OR BY E-MAIL MONTANA.REG@USACE.ARMY.MIL. 1. Identify the specific Nationwide Permit(s) that you want to use to authorize the proposed activity. Refer to section F1 in the instructions. Nationwide Permit #7, Outfall Structures and Associated Intake Structures. 2. Provide the quantity of materials proposed to be used in waters of the United States. What is the length and width (or square footage or acreage) of impacts that are occurring within waters of the United States? How many cubic yards of fill material will be placed below the ordinary high-water mark, in a wetland, stream, or other waters of the United States? Note: Delineations are required of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Refer to section F2 in the instructions. Roughly 15 linear feet of stream length will be disturbed to facilitate the excavation and backfill of the well discharge pipe. The construction work will be performed from above the ordinary high water mark with equipment excavating and pulling existing materials away from the creek. After the pipe is in place the existing roughly 6-foot tall rudimentary retaining wall will be repaired with a wall constructed of non-erodible materials and backfilled by hand with engineered structural fill. The wall repair will be positioned to replicate the existing wall alignment, so no new fill or materials will be placed below the ordinary high water mark. 3. How will the proposed project avoid or minimize impacts to waters of the United States? Attach additional sheets if necessary. Refer to section F3 in the instructions. Construction will be performed from above the ordinary high water mark in the parking lot to the East of the creek. Fill will not be placed within the bed and banks and construction equipment will not enter the bed and banks. After the well discharge pipe is completed the existing roughly 6-foot tall rudimentary retaining wall will be repaired with a wall constructed of non-erodible materials and backfilled by hand with engineered structural fill. 4. Will the project impact greater than 0.10-acre of wetland and/or more than 300 linear feet of stream or other waters? If yes, describe how the applicant is going to compensate (mitigation bank, in-lieu fee program, or permittee responsible) for these unavoidable impacts to waters of the United States. Refer to section F4 in the instructions. No wetlands will be impacted, and less than 300 linear feet of stream will be impacted and therefore compensatory mitigation is not required. 5. Is the activity proposed within any component of the National Wild and Scenic River System, or a river that has been officially designated by Congress as a “study river”? Refer to section F5 in the instructions. ☐ Yes ☒ No 6. Does this activity require permission from the USACE because it will alter or temporarily or permanently occupy or use a USACE authorized civil works project? (Examples include USACE owned levees, Fort Peck Dam, and others)? Refer to section F6 in the instructions. ☐ Yes ☒ No 7. List the ENDANGERED AND THREATENED SPECIES and CRITICAL HABITAT(s) that might be present in the project location. Refer to section F7 in the instructions. According to the USFWS IPaC program, the following species have the potential to exist within Gallatin County: Canada lynx, grizzly bear, wolverine and monarch butterfly. Given the project location adjacent to busy roads, businesses, and personal residences, the proposed project activities will have no impact on these species. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 364599 8. List any HISTORIC PROPERTY(S) that are listed, determined to be eligible or are potentially eligible (over 50 years old) for listing on the National Register of Historic Places.” Refer to section F8 in the instructions. See attached SHPO documentation. 9. List all applicable local, state, and federal permits and indicate whether they were issued, waived, denied, or pending. Note: All required local, state, and federal permits, or proof of waiver must be issued prior to the issuance of a floodplain permit. Refer to section F9 in the instructions. Section 404 – Pending SPA 124 – Pending 318 Authorization – Pending Gallatin County Floodplain Permit - Pending 10. List the NAMES AND ADDRESSES OF LANDOWNERS adjacent to the project site. This includes properties adjacent to and across from the project site. (Some floodplain communities require certified adjoining landowner lists). Vertex Holdings LLC; E Mendenhall St, Bozeman, MT 59715 Petersen Holdings LLC; E Mendenhall St, Bozeman, MT 59715 Sabol Renee T; 234 E Mendenhall St, Bozeman, MT 59715 Two Sisters Holding Company LLC; 303 E Main St, Bozeman, MT 59715 Bocar Family Holdings Limited Partnership; 311 E Main St, Bozeman, MT 59715 11. Floodplain Map Number 30031C0816E Refer to section F11 in the instructions. 12. Does this project comply with local planning or zoning regulations? Refer to section F12 in the instructions. ☒ Yes ☐ No DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 365600 G. SIGNATURES/AUTHORIZATIONS Some agencies require original signatures. After completing the form, make the required number of copies and then sign each copy. Send the copies with original signatures and additional information required directly to each applicable agency. The statements contained in this application are true and correct. The applicant possess’ the authority to undertake the work described herein or is acting as the duly authorized agent of the landowner. The applicant understands that the granting of a permit does not include landowner permission to access land or construct a project. Inspections of the project site after notice by inspection authorities are hereby authorized. Refer to section G in the instructions. APPLICANT (Person responsible for project): LANDOWNER: Print Name: Print Name: The City of Bozeman ______________________________________ ______________________________________ Signature of Applicant Date Signature of Landowner Date *CONTRACTOR’S PRIMARY CONTACT (if applicable): Print Name: Click here to enter name. ________________________________________ Signature of Contractor/Agent Date *Contact agency to determine if contractor signature is required. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 10/3/2023 366601 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Ratify City Manager's signature on Acknowledgment of Assignment and Pledge of Security Interests in the Development Agreement and the Agreement for the Infrastructure Improvements for the Mendenhall Street Sanitary Sewer from 5th Avenue to Grand Avenue with Freestone on Main, LLC. MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:I move to ratify the City Manager's signature on the Acknowledgement of Assignment and Pledge of Security Interests. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City Commission approved a Development Agreement and an Agreement for Infrastructure Improvements with Freestone on Main, LLC ("Freestone") These agreements had the intent of reimbursing Freestone for upgrading several blocks on antiquated sewer line in downtown Bozeman for a total reimbursement of $1.3 million. Since the City funds will be paid to the developer after completion of the sewer project , the developer finds it necessary to finance the upfront cost of the sewer improvements to cover construction costs in advance of reimbursement. This agreement allows Freestone on Main, LLC to assign it security interests in these agreements as a source of payment for its loan with First Security Bank. UNRESOLVED ISSUES:None at this time ALTERNATIVES:At the direction of the City Commission. FISCAL EFFECTS:None. Attachments: Revised 1_18_24_ADDENDUM - INFRUSTRUCTURE.docx Report compiled on: January 10, 2024 367 Loan No: 3612230161267 Borrower: Freestone on Main, LLC 4450 Excelsior Blvd, Suite 400 St Louis Park, MT 55416-5119 THE CITY OF BOZEMAN ACKNOWLEDGES THE ASSIGNMENT AND PLEDGE OF SECURITY INTERESTS BETWEEN FIRST SECURITY BANK AND FREESTONE ON MAIN, LLC FOR THE INFRASTRUCTURE IMPROVEMENTS FOR THE MENDENHALL STREET SANITARY SEWER FROM 5TH AVENUE TO GRAND AVENUE DATED OCTOBER 25, 2023 BY AND BETWEEN FREESTONE ON MAIN, LLC AS DEVELOPER AND THE CITY OF BOZEMAN. FREESTONE ON MAIN, LLC CONSENTS FORTHE CITY OF BOZEMAN TO APPLY THE FUNDS DIRECTLY TO FIRST SECURITY BANK FOR THE REPAYMENT OF THE DEBT OBLIGATION BETWEEN FREESTONE ON MAIN, LLC AND FIRST SECURITY BANK. X___________________________ Jeff Mihelich, City Manager of City of Bozeman X___________________________ Nick Walton, Manager of 421 Main Partners LLC which is the manager of 421 Main Group LLC, which is the member of Freestone JV, LLC as sole member, which is the member of Freestone on Main, LLC X___________________________ Suzi Berget White, AVP First Security Bank 368 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Director of Parks and Recreation Addi Jadin, Park Planning and Development Manager SUBJECT:Authorize City Manager to Sign Release of Lien for Park Purposes for North 3rd Apartments, LLC, Site Plan Application 22375 MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize City Manager to Sign Release of Lien for Park Purposes for North 3rd Apartments, LLC, Site Plan Application 22375 STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:When Westlake's 4th Subdivision was platted in 1973 and the subject parcel (Lot 1 of Block 1) was created, the land now known as Westlake Park was created. The size of the park meets the parkland area requirement of the subject parcel and the North 3rd Apartments Site Plan Application 22375. The lien was set up to ensure adequate parkland if other large commercial tracts north of Tamarack were developed as residential; however those lots will be reviewed under the current parkland requirements and will provide additional parkland as required at that time. Therefore, the lien is no longer necessary to ensure adequate parkland for future development within the subdivision. UNRESOLVED ISSUES:N/A. ALTERNATIVES:Per Commission FISCAL EFFECTS:N/A Attachments: N 3rd Apts Release of Lien for Park Purposes.docx Report compiled on: January 24, 2024 369 Release of Lien for Park Purposes page 1 When Recorded, Return to: NORTH 3RD APARTMENTS, LLC Attn: David Ratliff PO Box 4108 Bellevue, WA 98009 RELEASE OF LIEN FOR PARK PURPOSES Grantor:1. CITY OF BOZEMAN Grantee:1. ELEANOR M. WESTLAKE SPOUSAL TRUST 2. D.K. MARTINEN, LLC 3. NORTH 3RD APARTMENTS, LLC Legal Description: (Abbreviated) 1. WESTLAKES 4TH ADD, S01, T02 S, R05 E, BLOCK 1, ACRES 3.23, REMAINDER LOT 1, PLAT I-16 2. WESTLAKES 4TH ADD, S01, T02 S, R05 E, BLOCK 1, LOT 2, ACRES 2.64  Complete Legal Descriptions:EXHIBIT A Assessor’s Tax Parcel ID #:RGG6409 & RGG6410 THIS RELEASE OF LIEN FOR PARK PURPOSES, dated for reference purposes as of the date set forth below, is made by the City of Bozeman, a municipal corporation of the state of Montana (“Grantor”) for the benefit of ELEANOR M. WESTLAKE SPOUSAL TRUST (as successor to George E. Westlake), D.K. MARTINEN, LLC, a Washington limited liability company, and NORTH 3RD APARTMENTS, LLC, a Washington limited liability company (collectively, “Grantee”). RECITALS A.Grantor and Grantee’s predecessor Myron M Westlake and Aura D. Westlake, husband and wife, entered into an agreement dated October 21, 1964, which was recorded in the office of the County Clerk and Recorder of Gallatin County, Montana on October 23, 1964, in Book 21 of Miscellaneous Records of Gallatin County, Montana, at page 510 (the “Park Agreement”). B.The Park Agreement required Grantee to dedicate certain land for park purposes in connection with platting certain real property owned by Grantee, more particularly described on the attached EXHIBIT A (“Grantee’s Property”). C.Grantee’s Property and the surrounding area, known as Westlake’s Fourth Subdivision, was platted on the plat dated May 8, 1973, filed in the office of the County 370 Release of Lien for Park Purposes page 2 Clerk and Recorder of Gallatin County, Montana, and dedicated for park purposes a park area described as “Westlake Park”. D.Grantor entered into and recorded that certain document Release of Lien for Park Purposes recorded in the office of the County Clerk and Recorder of Gallatin County, Montana on August 16, 1973, under Film 20, Page 1450, releasing the remaining requirements under the Park Agreement to dedicate land for park purposes other than Westlake Park, but reserving a potential requirement for park dedication purposes on the portion of Grantee’s Property located within Block 1, Lot 1 (“First Lien Release”). E.Grantee is currently redeveloping Grantee’s Property and has asked to pay a cash donation in-lieu of further land donation in connection with its development. In a memorandum dated September 18, 2023, Grantor approved Grantee’s proposal to pay a cash donation in-lieu of land dedication, conditioned on receipt of payment. On October 2, 2023, a payment of $248,726.18 was made to Grantor on behalf of Grantee to satisfy the condition of approval. AGREEMENT In consideration of the mutual promises and covenants set forth below, the Grantor and Grantee agree as follows: 1.Release of Lien. Grantor acknowledges and agrees that receipt of the required payment by Grantee on October 2, 2023 satisfies in full its obligation to pay a cash donation in-lieu of further land donation in connection with development of Grantee’s Property, and by its officers duly authorized by action of the City Commission of said City of Bozeman, does hereby release all of Grantee’s Property from the lien and any other requirements to dedicate additional land for park purposes, whether under the Park Agreement, First Lien Release, or otherwise. 2.Binding Effect. The provisions of this document shall binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. [Signature page follows] 371 Release of Lien for Park Purposes page 3 EXECUTED as of ___________________, 2023. GRANTOR: CITY OF BOZEMAN By: _____________________ Name: Jeff Mihelich Its: City Manager STATE OF MONTANA ) ) ss. COUNTY OF ____________) The foregoing Agreement was acknowledged before me on ____________, 2023, by Jeff Mihelich, the City Manager of the City of Bozeman, Montana. ______________________________ Notary Public ATTEST: ____________________________________ Mike Maas, City Clerk APPROVED AS TO FORM: ___________________________________ Greg Sullivan, City Attorney 372 Release of Lien for Park Purposes Exhibit A EXHIBIT A Legal Description of Grantee’s Property Parcel 1: Lot 1,of Block 1,of Westlake's Fourth Subdivision to the City of Bozeman, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and said tract consisting of approximately 4.4 acres,EXCEPTING THEREFROM the following described parcel: A tract of land being a portion of Lot 1, Block 1, Westlake's Fourth Subdivision to the City of Bozeman, located in the Southeast One-Quarter Section 1, Township 2 South,Range 5 East,Principal Meridian Montana and being further described as follows: Beginning at the Northeast corner of said Lot 1,Block 1,thence South 00-02-21 East, along the East line of said Block 1, a distance of 168.94 feet. Thence North 89-57-41 West a distance of 194.03 feet. Thence South 00-01-15 West a distance of 31.90 feet.Thence North 89-58-45 West a distance of 100.00 feet to the West line of said lot 1, Block 1.Thence North 00-01-15 East along said West line of Lot 1,a distance of 200.87 feet.Thence South 89-57-41 East along the North lineof said Block 1,a distance of 293.85 feet to the point of beginning. Said tract of land being 1.213 acres along with and subject to any existingeasements. The above described tract of land being Lots 403, 405, 407, 409, 501, 502, 503, 504, 505, 506, and 507 and all common area and private street area contained within the plat of Homestead Townhouses, Phase I, City of Bozeman, Gallatin County, Montana. [Parcel TaxID: RGG6409] Parcel 2: Lot Two (2)of Block One (1)of Westlake's Fourth Subdivision to the City of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder,Gallatin County,Montana [Parcel TaxID: RGG6410] 373 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Strategic Services Director Mike Gray - Facilities Superintendent Max Ziegler - Facilities Project Coordinator SUBJECT:Authorize the City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreements for Facilities Contractors Term Contracts STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Facilities Dept. regularly uses general contractors and specialty trades contractors for projects related to facilities management and maintenance. To attract a wider pool of contractors the Facilities Dept. published an RFQ for contractors of all trades on October 21st, 2023, with the intention of placing qualified respondents on a preferred contractor list and establishing agreements to provide contractor services at pre-negotiated rates. This will help minimize procurement delays in responding to future facilities projects as they arise. When responding to emergency maintenance needs, procurement delays can significantly increase building downtime resulting in impacts to the public and staff. Maintaining term contracts with general and specialty trade contractors positions the City to be able to adequately respond to facilities needs while also building stronger contractor relationships. A recent example of the benefits of having term contracts with general contractors and trade contractors was the 2022 emergency repairs at the Swim Center, where a general contractor under a term contract was able to immediately start work on the repairs without procurement delays. This reduced the duration of the facility closure for repairs by nearly two months, reducing impacts to the public and City operations. The contractors listed below responded to the Request for Qualifications and were evaluated by the review committee to be qualified to provide the services detailed in their statements of qualifications and their proposals. Term Contract proposals were extended to all responding contractors who 374 were evaluated as 'qualified' by the review committee. Contracts included in this item: ABM - Janitorial and Maintenance Services IMEG - Engineering Services UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:Services provided under these term contracts will be provided at the pre- negotiated rates as stated in the Scope of Services for each contract. Services are to be provided on an 'as-needed' basis and individual project expenses are to be project specific with projects initiated via task order. Total contracted project costs are to be $79,999 or less per the City of Bozeman Purchasing Policy. Attachments: PSA - Master Task Order - IMEG - Compiled.pdf PSA - Master Task Order - ABM - Compiled.pdf Report compiled on: January 25, 2024 375 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 1 of 12 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this _____ of February, 2024, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, IMEG, 1143 Stoneridge Drive, Bozeman, MT 59718, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter into this agreement with Contractor to provide Engineering and Consulting service as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on January 1, 2029, unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. The Contractor will perform the specific services and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. Task Orders shall be in a format similar to EXHIBIT B, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services the Agreement governs. 4. Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. The task order amount shall be based on the rates specified in EXHIBIT A. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in EXHIBIT A. The City must agree in writing upon any additional charges. 376 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 2 of 12 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this agreement, the Scope of Services and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. For each individual Task Order, Contractor will familiarize itself with the nature and extent of the assignment, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services and will provide a mutually agreeable Scope of Services for each Task Order. c. Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this standard of care. 6. Independent Contractor Status/Labor Relations: a. The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. b. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. 377 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 3 of 12 c. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. d. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. e. Contractor shall indemnify and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: a. For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; b. For the services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the 378 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 4 of 12 negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. c. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). d. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. e. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. f. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. g. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. h. These obligations shall survive termination of this Agreement and the services performed hereunder. i. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The 379 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 5 of 12 insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. j. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence and annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate k. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non- renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement or any individual Task Order under this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. 380 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 6 of 12 b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement; the City may terminate this Agreement or any Task Order under this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement or any Task Order under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, 381 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 7 of 12 lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Erik Garber, P.E., or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 382 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 8 of 12 c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: a. The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. b. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the 383 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 9 of 12 Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. c. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: a. Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. b. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or 384 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 10 of 12 conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 385 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 11 of 12 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ 386 Professional Services Master Task Order Agreement for Engineering & Consulting Services Page 12 of 12 Greg Sullivan, Bozeman City Attorney 387 EXHIBIT A 388 IMEG IMEG STANDARD HOURLY RATES* ROLE RATE PER HOUR Senior Client Exec/Senior Market Director/VP $310 Client Executive/Market Director $275 Project Executive $255 Senior Project Manager II $230 Senior Project Manager I $190 Senior Engineer Technical Specialist $240 Senior (Engineer/Planner/Consultant) III $230 Senior (Engineer/Planner/Consultant) II $200 Senior (Engineer/Planner/Consultant) I $180 Project (Engineer/Planner/Consultant) II $160 Project (Engineer/Planner/Consultant) I $150 (Graduate Engineer - Designer/Coordinator/ Consultant) IV $130 (Graduate Engineer - Designer/Coordinator/ Consultant) III $115 Senior Technical Specialist $205 Senior (Designer/Authority/Analyst) III $185 Senior (Designer/Authority/Analyst) II $175 Senior (Designer/Authority/Analyst) I $155 Project (Designer/Authority/Analylst) II $145 Project (Designer/Authority/Analyst) I $135 (Designer/Authority) II $110 (Designer/Authority/Intern) I $105 HIT Strategy Executive $300 Senior Construction Administrator $175 Construction Administrator $145 Senior Virtual Design Coordinator $135 Virtual Design Coordinator $125 Senior Virtual Design Technician $120 Virtual Design Technician $95 Administrative Assistant $85 *Adjusted annually. These rates are for staff located in the office providing the rates. Staff based in one of IMEG’s other offices may have different billing rates. These rates can be provided upon request. Reimbursable Expenses: • Invoiced with a 1.1 multiplier of actual cost, including: • CAD plots, reproductions and delivery costs of drawings, specifications, and duplicate reports beyond one set provided at each normal stage of review • Reproduction of drawings on Mylar media • Plan review fees or imposed government agency fees • Premium delivery charges • Meals and lodging when required to travel overnight • State filing and/or permit fees related to energy life- cycle costs • Travel expense: Automobile mileage will be invoiced at the IRS rate in effect at the time of travel. Travel expenses also include tolls, parking fees, taxi, train, airfare, rental cars (CD only), and other out of pocket expenses. IMEG Hourly Rates 389 EXHIBIT B 390 City of Bozeman Term Contract: Task Order Number # PROJECT: Issued under the authority of City of Bozeman Term Contract Professional Services Agreement With: For: This Task Order is dated between: and The following representatives have been designated for the work performed under this Task Order City: Contractor: SCOPE OF WORK: COMPENSATION IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman 391 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 1 of 12 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this _____ of February, 2024, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ABM, 3511 Highway 310 Fromberg, MT 59029, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter into this agreement with Contractor to provide Janitorial, General Maintenance, and Other Facilities Services as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on January 1st, 2029, unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. The Contractor will perform the specific services and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. Task Orders shall be in a format similar to EXHIBIT B, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services the Agreement governs. 4. Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. The task order amount shall be based on the rates specified in EXHIBIT A. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in EXHIBIT A. The City must agree in writing upon any additional charges. 392 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 2 of 12 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this agreement, the Scope of Services and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. For each individual Task Order, Contractor will familiarize itself with the nature and extent of the assignment, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services and will provide a mutually agreeable Scope of Services for each Task Order. c. Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this standard of care. 6. Independent Contractor Status/Labor Relations: a. The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. b. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. 393 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 3 of 12 c. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. d. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. e. Contractor shall indemnify and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: a. For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; b. For the services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the 394 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 4 of 12 negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. c. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). d. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. e. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. f. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. g. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. h. These obligations shall survive termination of this Agreement and the services performed hereunder. i. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The 395 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 5 of 12 insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. j. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence and annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate k. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non- renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. l. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) for individual task orders under this Agreement. Bonds may be waived as allowed under 18-2-201(4) for individual task orders. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this 396 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 6 of 12 Agreement or any individual Task Order under this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement; the City may terminate this Agreement or any Task Order under this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement or any Task Order under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 397 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 7 of 12 d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Chris Rietdorf, MT District Manager, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be 398 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 8 of 12 directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: a. The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 399 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 9 of 12 b. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. c. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: a. Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. b. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of 400 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 10 of 12 federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 401 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 11 of 12 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Print Title: ____________________________ 402 Professional Services Master Task Order Agreement for Janitorial and Maintenance Services Page 12 of 12 APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 403 EXHIBIT A 404 ABM | Business & Industry 112 North Altamont Street Spokane, WA 99202 509.535.2022 Service Rate Sheet Service Hourly Price Pricing per SqFt Janitorial General Office Cleaning $50 Varies Shampoo, rinse and extract all carpets .30 Scrub and recoat all hard floor surfaces .50 Window Washing $80 (varies if above 6ft) Strip/wax hard floor surfaces .90 General Maintenance After-hours $100.00 per man hour. Regular Hours are Monday-Friday 8 am – 5pm Light bulb/tube replacement Door and window repair Painting touch-up $ 80.00 Wall and ceiling tile repair $ 70.00 General Handyman service $ 80.00 Other Services Power Washing $ 130.00 Above quotes for Service Calls include labor rates only Parts for repairs will be billed at cost plus 20% Sub-contractors will be billed at cost plus 20% A Trip Charge of $45.00 will be added to each service call (includes wages, fuel and overhead) Rental Charges for equipment, such as boom trucks, lifts, and compressor, when needed will be charged at cost plus 15% Location: Customer Name: City of Bozeman Customer Signature: ⮚ ⮚ ⮚ ⮚ ⮚ 405 ABM | Business & Industry 112 North Altamont Street Spokane, WA 99202 509.535.2022 406 EXHIBIT B 407 City of Bozeman Term Contract: Task Order Number # PROJECT: Issued under the authority of City of Bozeman Term Contract Professional Services Agreement With: For: This Task Order is dated between: and The following representatives have been designated for the work performed under this Task Order City: Contractor: SCOPE OF WORK: COMPENSATION IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman 408 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator SUBJECT:Authorize the City Manager to sign the Professional Services Agreement with Root Policy Research for the FY24-26 Consolidated Plan, Community Housing Action Plan and Citizen Participation Plan. MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Professional Services Agreement with Root Policy Research for the FY24-26 Consolidated Plan, Community Housing Action Plan and Citizen Participation Plan. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City of Bozeman has the sufficient population to meet the definition of a Metropolitan City under the Community Development Block Grant (CDBG) program. This means that Bozeman is entitled to an annual formula allocation of CDBG funds in Federal Fiscal Year 2024 and in each subsequent year. The City must follow a citizen participation plan and prepare a Consolidated Plan that includes a housing and homeless needs assessment, housing market analysis, strategic plan, action plan, and certifications. The plan must be submitted to the U.S. Department of Housing and Urban Development's (HUD) Region VIII Office of Community Planning and Development (CPD) between November 15, 2023 and August 16, 2024. The consolidated planning process will provide the City of Bozeman the opportunity to assess local housing and community development needs and make informed decisions about how to target available resources most effectively to address those needs. A robust consolidated planning process incorporates both quantitative and qualitative data to identify needs and inform the creation of effective housing and community development programs and services. The City will use this data to set the community development priorities and multiyear goals for CPD formula program funds. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. 409 FISCAL EFFECTS:The total cost of the FY24-26 Consolidated Plan is $117,950 from the Community Housing Program FY24 budget. Attachments: FY 2024-2029 Consolidated Plan PSA.pdf Exhibit A - Scope of Work.pdf Report compiled on: January 23, 2024 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Authorize the City Manager to sign a Professional Services Agreement (PSA) with Doncaster Consulting for Fred Willson Multiple Property Documentation Historical Research Services MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign professional service agreement (PSA) with Doncaster Consulting for Fred Willson Multiple Property Documentation Historical Research Services. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The City of Bozeman received a grant from the Mountain History Foundation for $6000 to begin documenting buildings designed by Fred Willson. A Multiple Property Documentation (MPD) presents historic context, property types, and evaluation for properties that have a common thematic history. In order to use the grant funds within the one year window, the city is seeking to hire Doncaster Consulting, an architectural historian for $3000 to assist with the MPD form. This PSA will be completed by May 2024. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:Cost of this professional services agreement is $3000 Attachments: Fred Willson MPD contract 1-24-2024.pdf Report compiled on: January 24, 2024 430 431 432 433 434 435 436 437 438 439 440 441 442 443 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Brian Heaston, Interim Director of Utilities Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to sign Amendment No. 1 to the Professional Services Agreement with the firm of Morrison-Maierle, Inc. providing construction engineering services for the installation of an ice control well along Bozeman Creek MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Amendment No. 1 to the Professional Services Agreement with the firm of Morrison-Maierle, Inc. providing construction engineering services for the installation of an ice control well along Bozeman Creek. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Historically the City has dealt with the operation and maintenance challenges presented by the seasonal freezing and ice damming of Bozeman Creek. To prevent the buildup of ice dams with in the creek corridor in the downtown area, City Street Department personnel would enter the creek with chest waders and tools to manually brake up or remove ice. In an effort to prevent this hazardous and laborious task from perennially occurring, a series of ice control wells were installed along the downtown reach of Bozeman Creek to introduce supplemental heat from groundwater to reduce the buildup of ice. The largest of these ice control wells was located at 34 N Rouse Avenue within the basement of Fire Station 1. With the construction of the Bozeman Public Safety Center at 901 N. Rouse the Bozeman City Commission determined, by a vote of 5-0 on July 27, 2021, that Fire Station 1is no longer needed for public use and the public interest would be furthered by the sale of the property. With the sell and vacation of the property the ice control well must be relocated to allow continued use of the water right to prevent ice buildup within Bozeman Creek. The City procured the firm of Morrison-Maierle, Inc., to provide engineering services for the design, permitting, and bidding for the relocation of the well on April, 26 2022. Design, permitting, and bidding for the project have been 444 completed and a notice of award is pending. In preparation for construction, Amendment No.1 expands the current Professional Services Agreement scope of service with Morrison-Maierle to provide construction engineering and inspection services. The detailed breakdown of the services provided is included in the attached amendment. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The current PSA totals $50,100. Amendment No. 1 adds a cost $67,379.42 bring the total to $117,479.42. Funding has been provided by sell proceeds of Fire Station No. 1 ($100,000) and with the FY24 budget ($200,000), as such adequate funding exists. Attachments: Fire Station 1 Ice Well Relocation PSA - Amendment No.1.pdf Report compiled on: January 17, 2024 445 First Amendment to Professional Services Agreement for the Fire Station 1 Ice Well Relocation Project Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Fire Station 1 Ice Well Relocation Project dated April 26, 2022 (the “Agreement”) is made and entered into this _____ day of ____________, 2024, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and _________________, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of Services. Section 3 of the Agreement is amended to include the scope of services attached to this amendment as Exhibit 1A. The services included in Exhibit 1A are in addition to and supplement the Scope of Services in the Original Agreement. 2. Payment. Section 4 of the Agreement is amended to include payment for the scope of services attached to this amendment as Exhibit 1A. Payment for these services shall not exceed the amount of Sixty-Seven Thousand Three Hundred and Seventy-Nine Dollars & 42/100ths ($67,379.42) and will be paid based on time and materials at the rates included in Exhibit 1A. The amount is in addition to the Original Agreement amount. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 446 First Amendment to Professional Services Agreement for the Fire Station 1 Ice Well Relocation Project Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC. By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 447 EXHIBIT 1A Ice Control Well Project Scope of Work – Engineering Services December 19, 2023 The project is for engineering services related to construction oversight of the replacement Ice Control Well located as shown in the project documents. This includes oversight and testing of the well, water line installation, electrical service/controls and rebuild of the retaining wall. A replacement well notice will be filed with the Department of Natural Resources and Conservation (DNRC) upon project completion. Work will be completed based on actual effort spend on the work based on the hourly rate schedule and expense schedule attached to and made part of this Exhibit A. The total estimated compensation for the work is $67,379.42 which is a combination of amended tasks (6a) – ($8,608.92) and future work as identified on the fee estimate that is attached to and made part of this Exhibit A1 ($58,770.50). Task 1a – Project management • Project management • Progress meetings • Construction meetings • DNRC coordination • NW Energy Coordination Task 6a – Electrical redesign and Well abandonment task completed to date that was out of scope. Total out of scope effort is $8,608.92. • Letter from 10/27/2022 on abandonment work completed - $5,666.92 • Additional Electrical Engineering re-design due to design changes from Northwest Energy - $2,942 Task 7 - Well Construction This task includes services during well construction. These tasks include: • Contractor coordination and scheduling prior to arrival on-site. • Well drilling oversight to provide final well design will include: o Well construction material oversight o Formation Sampling o Preparation of lithologic log o Identify water bearing intervals o Preliminary well design o Sediment control plan oversight • Provide a final well design to the contractor with recommended screen intervals. • Oversight of screen install and well development including oversight of discharge water plan. 448 • Aquifer test oversight will include a six hour well performance test (stepped rate test) followed by a 24-hour minimum constant rate test. • Aquifer test analysis to determine final pumping rate and potential effects to adjacent Ice Control Wells. Task 8 – Civil Construction This task includes services during civil construction including inspection of waterline, power and reclamation of the site including final grading and paving if necessary. Compaction testing services will also be provided. Task 9 – Final Project Closeout This task will provide a final well completion and testing memorandum, as-builts, O&M Manual and filing of DNRC form 643. Preparation of beneficial use or change authorization application is not anticipated for this project and is outside of the current scope. Quality Assurance Quality assurance budget for senior staff is provided for review of the work products in all work phases. END 449 City of Bozeman - Ice Control ProjectDescription Units Rate Task 1a Task 2 Task 3 Task 4 Task 5 Task 6a Task 7 Task 8 Task 9 Total Hours Total Cost ($)LaborProject ManagerPat EllerHrs $202.00 2480 4 20 128 $25,856.00Staff GeologistDean Snyder Hrs $143.0020 24 44 $6,292.00Senior EngineerJames Nickleson Hrs $257.00 82 4 14 $3,598.00Design EngineerBJ Cope Hrs $216.00 88 20 20 56 $12,096.00Senior ScientestChristine Pearcy Hrs $186.0016 16 $2,976.00Electrical EngineerRyan Maroney Hrs $216.00 24 8 4 18 $3,888.00SurveyingJon Wilkensen Hrs $164.004 4 8 $1,312.00DraftsmanHrs $133.008 8 $1,064.00SecretarySecretary II Hrs $90.000 $0.00Subtotal, Labor 4200000132 38 80$57,082.00Materials Reports/Specifications Pg $0.100 $0.00Color Photos Ea. $0.550 $0.00Travel Mileage Mile $0.75 50100 100 250 $188.50Lodging LS $150.000 $0.00Per Diem LS $52.000 $0.00EquipmentPump Day $75.000 $0.00Hermit Week $150.000 $0.00Minitroll/Leveltroll Week $250.002 2 $500.00Sampling & AnalysisSeive Analysis - Lab Ea. $100.0010 10 $1,000.00Water Quality Ea. $800.000 $0.00Description Units Rate Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Task 9 Total Cost ($)TOTAL$9,101.70 $0.00 $0.00 $0.00 $0.00$0.00 $26,819.40 $8,101.40 $14,748.00$58,770.50h:\water resources\3017\031\xost estimate12/19/2023 11:12 AM450 Standard Billling Rate Schedule Effective Thru June 30, 2024 Standard Rate Overtime Rate Engineer Supervising Engineer V $287.00 $287.00Supervising Engineer IV $280.00 $280.00Supervising Engineer III $257.00 $257.00Supervising Engineer II $246.00 $246.00Supervising Engineer I $233.00 $233.00Senior Engineer II $216.00 $216.00Senior Engineer I $197.00 $197.00Design Engineer II $186.00 $186.00Design Engineer I $172.00 $172.00Engineer Intern II $142.00 $142.00Engineer Intern I $125.00 $125.00 Planner Supervising Senior Planner $225.00 $225.00Senior Planner $195.00 $195.00Planner III $151.00 $151.00Planner II $138.00 $138.00Planner I $121.00 $121.00 Scientist Supervising Environmental Scientist $234.00 $234.00Environmental Scientist III $186.00 $186.00Environmental Scientist II $142.00 $142.00Environmental Scientist I $121.00 $121.00Environmental Technician $106.00 $106.00Supervising Geologist $265.00 $265.00Senior Geologist $222.00 $222.00Geologist III $202.00 $202.00Geologist II $164.00 $164.00Geologist I $140.00 $140.00 Designer and Technician Senior Communications Designer $239.00 $239.00Communications Designer $125.00 $125.00CAD Designer III $164.00 $164.00CAD Designer II $143.00 $143.00CAD Designer I $133.00 $199.50CAD Tech III $130.00 $195.00CAD Tech II $111.00 $166.50CAD Tech I $98.00 $147.00Senior Engineering Designer $183.00 $183.00Engineering Designer $125.00 $125.00 Resident Project Representative Senior Resident Project Representative $185.00 $185.00Resident Project Representative IV $175.00 $175.00Resident Project Representative III $166.00 $166.00Resident Project Representative II $140.00 $210.00Resident Project Representative I $126.00 $189.00 Administrative Administrative Manager $126.00 $126.00Administrative Coordinator III $116.00 $116.00Administrative Coordinator II $110.00 $165.00Administrative Coordinator I $90.00 $135.00Project Coordinator III $113.00 $113.00Project Coordinator II $102.00 $153.00Project Coordinator I $92.00 $138.00Technical Intern $85.00 $127.50Senior Communication Specialist $134.00 $134.00Graphic Designer $106.00 $106.00Health & Safety Administrator $140.00 $140.00 Survey Senior Survey Manager $226.00 $226.00Survey Manager $176.00 $176.00Land Surveyor IV $170.00 $170.00Land Surveyor III $164.00 $164.00Land Surveyor II $148.00 $148.00Land Surveyor I $134.00 $134.00Remote Sensing Specialist II $149.00 $149.00Remote Sensing Specialist I $139.00 $139.00Survey Technician IV $129.00 $129.00Survey Technician III $114.00 $171.00Survey Technician II $98.00 $147.00Survey Technician I $84.00 $126.00 Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150-200% of the standard billing rate. 12/14/2023 451 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Director of Strategic Services' Max Ziegler - Facilities Project Coordinator SUBJECT:Authorize the City Manager to Sign Amendment 3 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 3 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On May 23, 2023, the City Commission approved Amendment 2 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services, updating the scope and total contract cost for the project. The amendment included several alternate items to be approved if funding was available within the project. This amendment contains provisions for accepting Phase 2 Alternates, resulting in an increase of $91,254.43 to the overall Contract Price funded from project Owner's Contingency funds. The Alternates approved under this amendment include modifications to siding, additional interior painting, removal of an abandoned natural gas distribution line, tile replacement at showers, and the securing of abandoned HVAC ductwork. This contract amendment also includes an additional scope of work to include CIP Projects GF374, GF375, and GF376 within this construction effort. In the time since this project was conceived, the demand for Gender Neutral Changing Rooms has increased and one of the pool boilers has now met its service life and is scheduled to be replaced. Currently there are only gendered open floorplan locker rooms and showers, and the addition of two gender neutral / family changing rooms will improve ADA accessibility, promote inclusivity, and better meet the needs of Swim Center users. The construction of gender neutral changing rooms within the existing locker room space will require the relocation of several walls, triggering locker room tile replacement (GF376). To meet these additional needs without incurring a future shutdown of the facility, these CIP projects have been added to the overall renovation project to be completed during the 452 scheduled Summer 2024 closure. It is also expected that construction costs for this scope will be lower if completed within the existing project rather than as a future standalone project. This additional scope will result in an increase of $381,256 to the total contract price. The overall increase to the Guaranteed Maximum Price for this project incurred by this amendment is $472,510.43. UNRESOLVED ISSUES:This amendment is contingent on the approval of Resolution 5578. ALTERNATIVES:As suggested by City Commission FISCAL EFFECTS:The changes included in this contract amendment will result in an increase of $472,510.43 to the overall contract price to be paid from project contingency funds as well as CIP funds for Projects GF374, GF375, GF376, as authorized by the City Commission. A budget amendment may be required for fiscal year 2024. Attachments: PSA - 3RD Amendment - Swim Center GCCM- Jackson Contractor Group.pdf Bozeman Swim Center Phase 2 Construction Schedule 1.29.24.pdf Report compiled on: January 31, 2024 453 2ND Amendment to Professional Services Agreement for Swim Center Renovation GC/CM Services FY 2023 – FY 2025 Page 1 of 2 3RD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS 3RD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Swim Center Renovation GC/CM Services dated March 21st, 2023 (the “Original Agreement”) is made and entered into this _____ day of February, 2024, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Jackson Contractor Group, 146 Laura Louise Ln, Bozeman, MT 59718, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of Services: Section 3 of the Original Agreement is amended to include the scope of services and fees specified in Swim Center Prime Contract Change Order #4, attached to this Amendment as Exhibit A. Exhibit A includes the acceptance of Phase 2 project alternates as well as additional scope of work and costs for locker room renovation and family changing room construction during Phase 2 of the Swim Center Renovation Project. The services included in Exhibit A are in addition to and supplement the Scope of Services in the Original Agreement. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA JACKSON CONTRACTOR GROUP 454 2ND Amendment to Professional Services Agreement for Swim Center Renovation GC/CM Services FY 2023 – FY 2025 Page 2 of 2 By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 455 EXHIBIT A 456 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Project: 03202202  -  City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone:  (406) 577-2772 Phone:  406-595-8470 Fax:  (406) 587-4282 Prime Contract Change Order #004: Phase 2 Locker Addition & Approved PH2 Alternates TO:City of Bozeman PO Box 1230 Bozeman, Montana 597711230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana 59806 DATE CREATED:1/ 29 /2024 CREATED BY:Melinee Metzger (Jackson Contractor Group, Inc.) CONTRACT STATUS:Pending - In Review REVISION:0 DESIGNATED REVIEWER:Max Ziegler (City of Bozeman)REVIEWED BY:   DUE DATE:02/07 /2024 REVIEW DATE:  INVOICED DATE: PAID DATE:  SCHEDULE IMPACT:EXECUTED:No  CONTRACT FOR:03202202-01:City of Bozeman Swim Center TOTAL AMOUNT:  $ 472,510.43 DESCRIPTION: ATTACHMENTS: Bozeman Swim Center Phase 2 With Dance Floor.pdf BZN Swim Center Phase 2 GMP 1.29.24.pdf Swim Center PCO #023.pdf Swim Center PCO #024.pdf   This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract.   POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO #Title Schedule Impact Amount 023 Swim Center Phase 2 Locker Room Add 0 days 381,256.00  024 Phase 2 Alternates 0 days 91,254.43  TOTAL:$472,510.43 CHANGE ORDER LINE ITEMS:  Bozeman Office page 1 of 3 Printed On: 1/29/ 2024  04 :08 PM PCCO #004 457 PCO # 023 : Swim Center Phase 2 Locker Room Add #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 01-3000 - ADMINISTRATIVE REQUIREMENTS General Conditions Unallocated $ 3,889.00 2 03 Bozeman Swim Center - Ph 2 02-4100 - SITE DEMOLITION CMU Demo - Local Demo Subcontract $ 3,650.00 3 03 Bozeman Swim Center - Ph 2 02-4100 - SITE DEMOLITION Various Site Demo Labor - Salaries/Wages $ 2,192.00 4 03 Bozeman Swim Center - Ph 2 04-4000 - STONE ASSEMBLIES Masonry - R-Davidson Subcontract $ 34,178.00 5 03 Bozeman Swim Center - Ph 2 17-0002 - ADDITIONAL TILE DEMO FOR WATER Locker Room Tile Other $ 105,917.00 6 03 Bozeman Swim Center - Ph 2 09-5101 - MRG ACT CEILINGS Drywall & Metal Framing Subcontract $ 9,328.00 7 03 Bozeman Swim Center - Ph 2 10-2816 - BATH ACCESSORIES Specialties Purchase Order $ 4,029.00 8 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Locker Room Plumbing Subcontract $ 26,200.00 9 03 Bozeman Swim Center - Ph 2 23-0001 - COMFORT SYSTEMS MECHANICAL COM Locker Room Ceiling Heaters, T-Stats, Exhausting Subcontract $ 6,785.00 10 03 Bozeman Swim Center - Ph 2 26-0001 - SES ELECTRICAL COMPLETE Replace all Lighting Fixtures and Controls + HVAC Electrical Subcontract $ 5,837.00 11 03 Bozeman Swim Center - Ph 2 09-9100 - ANOTHER PETERS PAINTING Patch CMU + Paint Subcontract $ 4,500.00 12 03 Bozeman Swim Center - Ph 2 08-7113 - MT CONTRACTING Locker Room Doors & Frames Subcontract $ 6,726.00 13 03 Bozeman Swim Center - Ph 2 17-0008 - ALLOWANCE 0008 Allowance - Boiler, Pump, and Expansion Tank Other $ 90,000.00 14 03 Bozeman Swim Center - Ph 2 17-0009 - ALLOWANCE 0009 Allowance - Bath Accessories Other $ 1,000.00 15 03 Bozeman Swim Center - Ph 2 17-0010 - ALLOWANCE 0010 Allowance - Plumbing Investigation and Slab Cutting Other $ 7,500.00 16 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Construction Contingency 5%Other $ 31,174.00 17 03 Bozeman Swim Center - Ph 2 01-4126 - PERMITS Permit Fees 1% construction Other $ 3,118.00 Subtotal:$346,023.00 Insurance: 1.00% Applies to all line item types.3,461.00 Contractor's Fee: 8.00% Applies to all line item types.27,959.00 GRT: ≈ 1.01% Applies to all line item types.3,813.00    Grand Total:$381,256.00 Bozeman Office page 2 of 3 Printed On: 1/29/ 2024  04 :08 PM PCCO #004 458 PCO # 024 : Phase 2 Alternates #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 07-4623 - DIVISION 7 SIDING Alternate 1 - Flat siding behind NWE meter Subcontract $ 4,800.00 2 03 Bozeman Swim Center - Ph 2 09-9100 - ANOTHER PETERS PAINTING Alternate 2 - Paint Entire Wall at Natatorium E, S, and W walls Subcontract $ 10,425.00 3 03 Bozeman Swim Center - Ph 2 09-9100 - ANOTHER PETERS PAINTING Alternate 3 - Paint Gas Line Subcontract $ 500.00 4 03 Bozeman Swim Center - Ph 2 23-0001 - COMFORT SYSTEMS MECHANICAL COM Alternate 3 - Remove existing Gas Line and Re-route Subcontract $ 16,200.00 5 03 Bozeman Swim Center - Ph 2 09-5101 - MRG ACT CEILINGS Alternate 7 - Remove and Replace Ceiling Grid for Duct Access Subcontract $ 16,795.00 6 03 Bozeman Swim Center - Ph 2 23-0001 - COMFORT SYSTEMS MECHANICAL COM Alternate 7 - Inspect and Secure existing Ductwork Subcontract $ 12,000.00 7 02 Bozeman Swim CntrPH1 PRMT 2 02-4200 - DEMO DUCTWORK - ALLOWANCE Alternate 7 - Credit Demo Ductwork Allowance from PH1 Permit 2 Unallocated ($20,000.00) 8 03 Bozeman Swim Center - Ph 2 09-6800 - PIERCE TILING Locker Room Alternate 1 - Add Tile at Existing Shower Floor Subcontract $ 33,089.00 9 03 Bozeman Swim Center - Ph 2 09-6800 - PIERCE TILING Locker Room Alternate 2 - Eliminate Tile at New Showers Subcontract ($1,674.00) 10 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Locker Room Alternate 2 - Add Shower Inserts at new Showers Subcontract $ 7,500.00 11 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Other $ 1,947.00 12 03 Bozeman Swim Center - Ph 2 01-4126 - PERMITS Permit Other $ 797.20 13 03 Bozeman Swim Center - Ph 2 01-7300 - INSURANCE AND BONDS Bond Other $ 411.27 Subtotal:$82,790.47 Insurance: 1.00% Applies to all line item types.824.27 Contractor's Fee: ≈ 8.05% Applies to all line item types.6,727.48 GRT: ≈ 1.01% Applies to all line item types.912.21    Grand Total:$91,254.43 The original (Contract Sum)$ 5,036,097.68 Net change by previously authorized Change Orders ($37,832.31) The contract sum prior to this Change Order was $ 4,998,265.37 The contract sum would be changed by this Change Order in the amount of $ 472,510.43 The new contract sum including this Change Order will be $ 5,470,775.80 The contract time will not be changed by this Change Order  Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman  Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104  PO Box 1230  PO Box 967 Missoula Montana 59802  Bozeman Montana 597711230  Missoula Montana 59806             ProcoreArchitectSignHere ProcoreArchitectSignedDate  ProcoreOwnerSignHere ProcoreOwnerSignedDate  ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate SIGNATURE DATE  SIGNATURE DATE  SIGNATURE DATE Bozeman Office page 3 of 3 Printed On: 1/29/ 2024  04 :08 PM PCCO #004 459 1/3/2024 Bozeman Swim Center Phase 2 W/ Bathrooms and Boiler Chris Webb Line Name Duration Start Finish Responsibility 2022 2023 2024 2025 2026 2027 J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Bozeman Swim Center Bozeman Swim Center Bozeman Swim Center MILESTONES Contract Award Final GMP Substantial Completion Final Completion PRECONSTRUCTION DESIGN AND ENGINEERING Permit Drawings PERMITTING Project Permit SUBMITTALS / PROCUREMENT PD-1 Dehumidification Unit and Dry Cooler Manfacture and Shipping MS3 Siding for East Elevation Boiler PREPARATORY MEETINGS HVAC Prep Meeting Electrical Prep Meeting Siding Prep Meeting ACT Prep Meeting Pool Work Prep Meeting CONSTRUCTION MOBILIZATION Set up job Trailer Set up Perimeter Fence 721d 1036ed 9eh 368d 368d 281d 1d 1d 10d 10d 281d 190d 60d 120d 1d 1d 1d 1d 1d 1d 113d 2d 2d 1d 1/3/2022 1/3/2022 * 5/23/2023 5/23/2023 5/23/2023 * 9/29/2023 * 10/25/2024 11/4/2024 8/1/2023 8/31/2023 8/31/2023 * 9/29/2023 9/29/2023 8/1/2023 8/1/2023 12/12/2023 3/20/2024 * 5/8/2024 5/8/2024 5/8/2024 5/8/2024 5/8/2024 5/8/2024 5/6/2024 5/6/2024 5/6/2024 * 5/6/2024 11/4/2024 11/4/2024 11/4/2024 11/4/2024 5/23/2023 9/29/2023 10/25/2024 11/4/2024 9/9/2024 8/31/2023 8/31/2023 10/12/2023 10/12/2023 9/9/2024 4/29/2024 3/6/2024 9/9/2024 5/8/2024 5/8/2024 5/8/2024 5/8/2024 5/8/2024 5/8/2024 10/15/2024 5/7/2024 5/7/2024 5/6/2024 Owner Jackson Contractor Group Architect/Engineer Architect/Engineer 07 46 00 - Siding Jackson Contractor Group Jackson Contractor Group Jackson Contractor Group Jackson Contractor Group Jackson Contractor Group Jackson Contractor Group Jackson Contractor Group Bozeman Swim Center Contract Award Final GMP Substantial Completion Final Completion Permit Drawings Project Permit PD-1 Dehumidification Unit and Dry Cooler Manfacture and Shipping MS3 Siding for East Elevation Boiler HVAC Prep Meeting Electrical Prep Meeting Siding Prep Meeting ACT Prep Meeting Pool Work Prep Meeting Set up job Trailer Set up Perimeter Fence Bozeman Swim Center Contract Award Final GMP Substantial Completion Final Completion Permit Drawings Project Permit PD-1 Dehumidification Unit and Dry Cooler Manfacture and Shipping MS3 Siding for East Elevation Boiler HVAC Prep Meeting Electrical Prep Meeting Siding Prep Meeting ACT Prep Meeting Pool Work Prep Meeting Set up job Trailer Set up Perimeter Fence Responsibility Owner Jackson Contractor Group Architect/Engineer 02 40 00 - Demolition 03 05 00 - Concrete 07 46 00 - Siding 07 95 00 - Insulation 07 50 00 - Roofing 08 10 00 - Doors, Frames, Hardware 09 50 00 - ACT 09 91 00 - Paint 13 11 00 - Swimming Pools 23 00 00 - HVAC/Plumbing 26 05 00 - Electrical 460 1/3/2024 Bozeman Swim Center Phase 2 W/ Bathrooms and Boiler Chris Webb Line Name Duration Start Finish Responsibility 2022 2023 2024 2025 2026 2027 J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 EXTERIORS Demo Power to Existing Mechanical Unit Demo Existing Mechanical Unit, Ductwork, and Exterior Plumbing Demo Existing Housekeeping Pad Form, Reinforce, and Pour New Housekeeping Pad Demo EIFS on East Side Install Vapor Barrier Install Z-furring Membrane Roof Tie-in Install Spray Foam Install MS3 Metal Panels Install New Gas Piping, Supply, and Return Ductwork at Exterior Install New PD-1 Dehumidification Unit and Dry Cooler Bathroom Remodel Demo Ceilings Remove and Store Toilets Electrical Switch removal Remove Bath Accessories Tile Demo Plumbing Investigation CMU Demo Sawcut Floors Underground Plumbing Pour Back Floors New CMU Walls Install New HM Frames Metal Framing Plumbing Rough-in Electrical Rough-in Install New Unit Heaters 40d 1d 1d 2d 2d 10d 3d 5d 2d 2d 10d 3d 1d 67d 1d 1d 1d 1d 7d 4d 4d 2d 3d 2d 5d 5d 2d 3d 3d 1d 5/9/2024 5/9/2024 5/10/2024 5/13/2024 5/15/2024 5/17/2024 6/3/2024 6/6/2024 6/6/2024 6/13/2024 6/17/2024 7/1/2024 7/8/2024 5/6/2024 5/6/2024 5/7/2024 5/7/2024 5/8/2024 5/9/2024 5/20/2024 5/24/2024 5/31/2024 6/4/2024 6/7/2024 6/11/2024 6/11/2024 6/18/2024 6/20/2024 6/25/2024 6/28/2024 7/8/2024 5/9/2024 5/10/2024 5/14/2024 5/16/2024 5/31/2024 6/5/2024 6/12/2024 6/7/2024 6/14/2024 6/28/2024 7/3/2024 7/8/2024 8/9/2024 5/6/2024 5/7/2024 5/7/2024 5/8/2024 5/17/2024 5/23/2024 5/30/2024 6/3/2024 6/6/2024 6/10/2024 6/17/2024 6/17/2024 6/19/2024 6/24/2024 6/27/2024 6/28/2024 26 05 00 - Electrical 23 00 00 - HVAC/Plumbing 03 05 00 - Concrete 03 05 00 - Concrete 02 40 00 - Demolition 07 95 00 - Insulation 07 46 00 - Siding 07 50 00 - Roofing 07 95 00 - Insulation 07 46 00 - Siding 23 00 00 - HVAC/Plumbing 23 00 00 - HVAC/Plumbing Demo Power to Existing Mechanical Unit Demo Existing Mechanical Unit, Ductwork, and Exterior Plumbing Demo Existing Housekeeping Pad Form, Reinforce, and Pour New Housekeeping Pad Demo EIFS on East Side Install Vapor Barrier Install Z-furring Membrane Roof Tie-in Install Spray Foam Install MS3 Metal Panels Install New Gas Piping, Supply, and Return Ductwork at Exterior Install New PD-1 Dehumidification Unit and Dry Cooler Demo Ceilings Remove and Store Toilets Electrical Switch removal Remove Bath Accessories Tile Demo Plumbing Investigation CMU Demo Sawcut Floors Underground Plumbing Pour Back Floors New CMU Walls Install New HM Frames Metal Framing Plumbing Rough-in Electrical Rough-in Install New Unit Heaters Demo Power to Existing Mechanical Unit Demo Existing Mechanical Unit, Ductwork, and Exterior Plumbing Demo Existing Housekeeping Pad Form, Reinforce, and Pour New Housekeeping Pad Demo EIFS on East Side Install Vapor Barrier Install Z-furring Membrane Roof Tie-in Install Spray Foam Install MS3 Metal Panels Install New Gas Piping, Supply, and Return Ductwork at Exterior Install New PD-1 Dehumidification Unit and Dry Cooler Demo Ceilings Remove and Store Toilets Electrical Switch removal Remove Bath Accessories Tile Demo Plumbing Investigation CMU Demo Sawcut Floors Underground Plumbing Pour Back Floors New CMU Walls Install New HM Frames Metal Framing Plumbing Rough-in Electrical Rough-in Install New Unit Heaters Responsibility Owner Jackson Contractor Group Architect/Engineer 02 40 00 - Demolition 03 05 00 - Concrete 07 46 00 - Siding 07 95 00 - Insulation 07 50 00 - Roofing 08 10 00 - Doors, Frames, Hardware 09 50 00 - ACT 09 91 00 - Paint 13 11 00 - Swimming Pools 23 00 00 - HVAC/Plumbing 26 05 00 - Electrical 461 1/3/2024 Bozeman Swim Center Phase 2 W/ Bathrooms and Boiler Chris Webb Line Name Duration Start Finish Responsibility 2022 2023 2024 2025 2026 2027 J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Exhaust Fan Rough-in Frame GYP Ceilings Hang Drywall Tape Drywall Paint Walls and Ceiling Ceramic Wall and Floor Tile Bathroom Accessories Plumbing Trim Electrical Trim Boiler Room Remove Existing Boiler and Piping Demo Existing Housekeeping Pad Install New Intake Air through Roof Install New Housekeeping Pad (If Needed) Install New Boiler Install New Gas Piping Install New Boiler Pump Install New Boiler Flue Install New Hydronic Piping Boiler Inspection Boiler Start-up INTERIORS Remove Duct Sock Demo Ceiling Tile Demo Existing Ducting Demo Old Light Fixtures Install New Light Fixtures Install New Ducting Install New Transfer Grilles Install Ceiling Tile Reinstall Duct Sock Drain Pool 2d 2d 2d 5d 3d 10d 2d 3d 2d 18d 2d 1d 2d 2d 2d 1d 1d 3d 2d 1d 1d 110d 1d 4d 10d 3d 3d 3d 1d 7d 1d 4d 6/28/2024 7/2/2024 7/8/2024 7/10/2024 7/17/2024 7/22/2024 8/5/2024 8/7/2024 8/7/2024 9/10/2024 9/10/2024 9/12/2024 9/13/2024 9/17/2024 9/19/2024 9/23/2024 9/24/2024 9/25/2024 9/30/2024 10/2/2024 10/3/2024 5/9/2024 5/9/2024 5/9/2024 5/15/2024 5/15/2024 5/20/2024 5/30/2024 6/4/2024 6/5/2024 6/14/2024 6/17/2024 7/1/2024 7/3/2024 7/9/2024 7/16/2024 7/19/2024 8/2/2024 8/6/2024 8/9/2024 8/8/2024 10/3/2024 9/11/2024 9/12/2024 9/16/2024 9/18/2024 9/20/2024 9/23/2024 9/24/2024 9/27/2024 10/1/2024 10/2/2024 10/3/2024 10/15/2024 5/9/2024 5/14/2024 5/29/2024 5/17/2024 5/22/2024 6/3/2024 6/4/2024 6/13/2024 6/14/2024 6/20/2024 23 00 00 - HVAC/Plumbing 09 50 00 - ACT 26 05 00 - Electrical 26 05 00 - Electrical 26 05 00 - Electrical 23 00 00 - HVAC/Plumbing 23 00 00 - HVAC/Plumbing 09 50 00 - ACT 23 00 00 - HVAC/Plumbing 13 11 00 - Swimming Pools Exhaust Fan Rough-in Frame GYP Ceilings Hang Drywall Tape Drywall Paint Walls and Ceiling Ceramic Wall and Floor Tile Bathroom Accessories Plumbing Trim Electrical Trim Remove Existing Boiler and Piping Demo Existing Housekeeping Pad Install New Intake Air through Roof Install New Housekeeping Pad (If Needed) Install New Boiler Install New Gas Piping Install New Boiler Pump Install New Boiler Flue Install New Hydronic Piping Boiler Inspection Boiler Start-up Remove Duct Sock Demo Ceiling Tile Demo Existing Ducting Demo Old Light Fixtures Install New Light Fixtures Install New Ducting Install New Transfer Grilles Install Ceiling Tile Reinstall Duct Sock Drain Pool Exhaust Fan Rough-in Frame GYP Ceilings Hang Drywall Tape Drywall Paint Walls and Ceiling Ceramic Wall and Floor Tile Bathroom Accessories Plumbing Trim Electrical Trim Remove Existing Boiler and Piping Demo Existing Housekeeping Pad Install New Intake Air through Roof Install New Housekeeping Pad (If Needed) Install New Boiler Install New Gas Piping Install New Boiler Pump Install New Boiler Flue Install New Hydronic Piping Boiler Inspection Boiler Start-up Remove Duct Sock Demo Ceiling Tile Demo Existing Ducting Demo Old Light Fixtures Install New Light Fixtures Install New Ducting Install New Transfer Grilles Install Ceiling Tile Reinstall Duct Sock Drain Pool Responsibility Owner Jackson Contractor Group Architect/Engineer 02 40 00 - Demolition 03 05 00 - Concrete 07 46 00 - Siding 07 95 00 - Insulation 07 50 00 - Roofing 08 10 00 - Doors, Frames, Hardware 09 50 00 - ACT 09 91 00 - Paint 13 11 00 - Swimming Pools 23 00 00 - HVAC/Plumbing 26 05 00 - Electrical 462 1/3/2024 Bozeman Swim Center Phase 2 W/ Bathrooms and Boiler Chris Webb Line Name Duration Start Finish Responsibility 2022 2023 2024 2025 2026 2027 J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 Set up Scaffold Demo Existing Grating and Surface Structural Pool Repairs Gutter Grating/Tile Install Demo and Install New Handrail Anchors and Bonding ReplaceTile at Pool Deck Gutter Waterproofing Underwater Expansion Joint Caulking Surfacing Install Doors at Front Desk Patch CMU and Paint touch-up Remove Scaffolding Expansion Joint Cualking, Handrail Install, Punch List Fill Pool CLOSEOUT PUNCHLIST Contractor Punchlist Contractor Punchlist Corrections Owner/Architect Punchlist Owner/Architect Punchlist Corrections COMMISSIONING Testing Adjusting and Balancing FINAL INSPECTIONS Engineering Inspection Mechanical Inspection Plumbing Inspection Electrical Inspection 2d 35d 10d 20d 5d 36d 5d 5d 5d 1d 5d 1d 3d 4d 14d 14d 2d 5d 2d 5d 5d 5d 5d 1d 1d 1d 1d 6/21/2024 6/25/2024 8/1/2024 8/15/2024 8/15/2024 8/22/2024 9/13/2024 9/20/2024 9/27/2024 9/27/2024 9/30/2024 10/4/2024 10/7/2024 10/10/2024 10/16/2024 10/16/2024 10/16/2024 10/18/2024 10/25/2024 10/29/2024 10/16/2024 10/16/2024 10/18/2024 10/18/2024 10/18/2024 10/18/2024 10/18/2024 6/24/2024 8/14/2024 8/14/2024 9/12/2024 8/21/2024 10/11/2024 9/19/2024 9/26/2024 10/3/2024 9/27/2024 10/4/2024 10/4/2024 10/9/2024 10/15/2024 11/4/2024 11/4/2024 10/17/2024 10/24/2024 10/28/2024 11/4/2024 10/22/2024 10/22/2024 10/24/2024 10/18/2024 10/18/2024 10/18/2024 10/18/2024 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools 08 10 00 - Doors, Frames, Hardware 09 91 00 - Paint 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools 13 11 00 - Swimming Pools Jackson Contractor Group Architect/Engineer 23 00 00 - HVAC/Plumbing Set up Scaffold Demo Existing Grating and Surface Structural Pool Repairs Gutter Grating/Tile Install Demo and Install New Handrail Anchors and Bonding ReplaceTile at Pool Deck Gutter Waterproofing Underwater Expansion Joint Caulking Surfacing Install Doors at Front Desk Patch CMU and Paint touch-up Remove Scaffolding Expansion Joint Cualking, Handrail Install, Punch List Fill Pool Contractor Punchlist Contractor Punchlist Corrections Owner/Architect Punchlist Owner/Architect Punchlist Corrections Testing Adjusting and Balancing Engineering Inspection Mechanical Inspection Plumbing Inspection Electrical Inspection Set up Scaffold Demo Existing Grating and Surface Structural Pool Repairs Gutter Grating/Tile Install Demo and Install New Handrail Anchors and Bonding ReplaceTile at Pool Deck Gutter Waterproofing Underwater Expansion Joint Caulking Surfacing Install Doors at Front Desk Patch CMU and Paint touch-up Remove Scaffolding Expansion Joint Cualking, Handrail Install, Punch List Fill Pool Contractor Punchlist Contractor Punchlist Corrections Owner/Architect Punchlist Owner/Architect Punchlist Corrections Testing Adjusting and Balancing Engineering Inspection Mechanical Inspection Plumbing Inspection Electrical Inspection Responsibility Owner Jackson Contractor Group Architect/Engineer 02 40 00 - Demolition 03 05 00 - Concrete 07 46 00 - Siding 07 95 00 - Insulation 07 50 00 - Roofing 08 10 00 - Doors, Frames, Hardware 09 50 00 - ACT 09 91 00 - Paint 13 11 00 - Swimming Pools 23 00 00 - HVAC/Plumbing 26 05 00 - Electrical 463 1/3/2024 Bozeman Swim Center Phase 2 W/ Bathrooms and Boiler Chris Webb Line Name Duration Start Finish Responsibility 2022 2023 2024 2025 2026 2027 J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A 99 100 101 102 Fire Inspection Life Safety Inspection Health Department Inspection Building Final Inspection 1d 1d 1d 1d 10/21/2024 10/22/2024 10/23/2024 10/24/2024 10/21/2024 10/22/2024 10/23/2024 10/24/2024 Fire Inspection Life Safety Inspection Health Department Inspection Building Final Inspection Fire Inspection Life Safety Inspection Health Department Inspection Building Final Inspection Responsibility Owner Jackson Contractor Group Architect/Engineer 02 40 00 - Demolition 03 05 00 - Concrete 07 46 00 - Siding 07 95 00 - Insulation 07 50 00 - Roofing 08 10 00 - Doors, Frames, Hardware 09 50 00 - ACT 09 91 00 - Paint 13 11 00 - Swimming Pools 23 00 00 - HVAC/Plumbing 26 05 00 - Electrical 464 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Brit Fontenot, Economic Development Director Kira Peters, Assistant City Manager SUBJECT:Authorize City Manager to Sign a Sixth Amendment to a Professional Services Agreement with Central House Strategies for Lobbying Services MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign a sixth amendment to a professional services agreement with Central House Strategies for lobbying services. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The City of Bozeman is increasing the scope of the current contract with Central House Strategies for lobbying services in response to the increased activity around property taxes in the 2023 legislative session and the current interim. As outlined in the attached scope, Central House Strategies will identify or build appropriate coalition of stakeholders, including The Montana League of Cities and Towns, Missoula, and Belgrade, community organizations and leaders from economic development, business, education, social services, infrastructure sectors. The group will set state policy goals in support of property tax relief, additional resources for local governments, and state offsets for local expenditures, as well as, strengthen advocacy efforts ahead of the 2025 legislative session and education for state legislators and the executive branch. Upon completion of this work, an advocacy plan will be executed and direct lobbying efforts to defeat bills that conflict with the coalition mission and pass bills that support the coalition will occur. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The coalition work will cost an additional $1500 per month, brining the total contract amount to $4500 per month or $54,000 annually. It is available in the City Manager's Budget. 465 Attachments: 6th Amendment - Central House Strategies - Lobbying Services with SoW.pdf Report compiled on: January 30, 2024 466 Sixth Amendment to Professional Services Agreement Lobbying Services FY 2024 – FY 2025 Page 1 of 2 SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR lobbying services dated October 20, 2020 (the “Agreement”) is made and entered into this 6th day of February, 2024, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Central House Strategies, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Additional Scope of Work. The attached scope of work shall be added to the existing scope of work from the October 20, 2020 contract. 2. Updated Fee Schedule. With the increased work load reflected in the attached scope of work, the monthly fee will increase by $1500 per month, brining the contract total to $4500 per month. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 467 Sixth Amendment to Professional Services Agreement Lobbying Services FY 2024 – FY 2025 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA CENTRAL HOUSE STRATEGIES By________________________________ By_____________________________ Jeff Mihelich, City Manager S.K. Rossi Principal APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 468 Coalition Building and Statewide Policy Change Property Tax Relief and Support for Local Government Services Projected Timeline January 2024 - May 2025: Building ● coalition stakeholder outreach, ● executive committee identification, ● mission/goals, ● priority setting, ● policy identification and drafting, ● communications and advocacy planning, and ● lobbying May 2025 onward: Maintenance ● coalition facilitation, ● continued advocacy on policy priorities, and ● lobbying Purpose Identify or build appropriate coalition of stakeholders, including The League, Bozeman, Missoula, and Belgrade, community organizations and leaders from economic development, business, education, social services, infrastructure sectors; set state policy goals in support of property tax relief, additional resources for local governments, and state offsets for local expenditures; strengthen advocacy efforts ahead of the 2025 legislative session; educate state legislators and the executive branch. To be successful, this coalition must court Democrats and moderate Republicans, which requires proposals to be attractive to a bipartisan set of stakeholders and electeds. We propose, instead of focusing on one solution (like LOST), we instead craft a slate of three initiatives that would address residential property taxes, positively impact local budgets either through revenue raising or state-based offsets, and increase local authority over the costs associated with high tourism. This would allow the coalition to work with unlikely allies, create a long-term strategy and platform, and create opportunities for success in 2025 and future legislative sessions. Project timeline and deliverables January - March; ● Identify target policymakers; ● Power-map targeted policymakers and their surrounding communities; ● Identify local stakeholders and partners in each targeted community from a variety of sectors, including but not limited to: ○ local government leaders and associations, ○ economic development, 469 ○ infrastructure, ○ business, ○ education, ○ social services, and ○ advocacy organizations ● Identify 6-10 members of executive committee for property tax relief and local revenue and services coalition (name TBD) ● Secure coalition participation commitments April to July ● Outreach and education to other identified stakeholders, outside of executive committee, to build commitment to work with *NewCoalitionName* on statewide policy support for property tax relief and local resources and services; ● Plan and facilitate monthly or bi-monthly meetings for Executive Committee to: ○ Identify goals; ○ Discuss and implement outreach efforts; ○ Plan legislative strategy; and ○ Identify, research, and draft 2025 legislative proposals; August to December ● Identify legislative sponsors for coalition priorities ● Create and execute communications plan in support of policy proposals ● Create and execute outreach and education plan for targeted legislators ● Draft legislative advocacy plan, including comms, site visits, legislator events, and “rotunda” day ● Provide executive committee and interested stakeholders with testimony and lobbying 101 training ● Secure sponsors ● File bills January - May ● Execute advocacy plan ● Direct lobbying efforts ○ Defeat bills that conflict with coalition mission ○ Pass bills that support the coalition priorities 470 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5568 Intent to Modify Special Improvement Lighting District 748 (MSU Innovation Campus) to add four additional lights on Technology Blvd. MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution 5568 Intent to Modify Special Improvement Lighting District 748 (MSU Innovation Campus) to add four additional lights on Technology Blvd. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated (MCA) 7-12-4301 authorizes special improvement districts to be created to pay for the cost of operating and maintaining streetlights and to assess costs to benefitted property owners. (MCA) 7-12- 4351 authorizes the major modification of an existing special improvement lighting district. Bozeman Municipal Code Sec.38.270.030 subsection A line 4 requires that prior to final plat approval, lighting must be installed or secured. Lighting District 748 was created in November of 2018 to include the MSU Innovation Campus development. This modification adds four additional lights on Technology Blvd. The provisions in MCA 7-12-4302 through 7-12-4305 for the content of the resolution, public notice, protest, and consideration of protest that apply to the creation of a special improvement lighting district also apply to the modification of an existing special improvement lighting district authorized by this section. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of modifying this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is 471 estimated to cost $27.11 per acre within the district or $1,137.48 annually for the entire district. Attachments: Resolution 5568-Intent to Modify SILD 748 -MSU Innovation Campus.docx Schedule A.pdf Exhibit B.pdf Report compiled on: January 24, 2024 472 Page 1 of 9 RESOLUTION 5568 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 748 (MSU INNOVATION CAMPUS)TO ADD FOUR NEW LIGHTS TO TECHNOLOGY BLVD,AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Modify District 748,Proposed Improvements. It is the intention of this Commission to modify and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve MSU Innovation Campus (the “District”) for the purpose of, maintenance and energy costs. The district will pay the maintenance and energy costs for eleven (11)Philips Lumec 131 Watt LED Luminaires under a die cast aluminum dome with a 24 inch aluminum arm which will be mounted on 24 foot round textured black powder coated steel poles; and four (4) Philips Lumec 35 Watt LED Luminaires mounted on 30 foot round tapered steel poles in hunter green finish. The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $7.97 per Philips Lumec 131 Watt LED fixture and $1.78 per Philips Lumec 35 Watt LED fixture,for a total of $94.79 per month or $1,137.48 annually. 473 Resolution 5568, Intent to Modify Lighting District 782 Page 2 of 9 Section 2 Number of District. The modified district is known and designated as Special Improvement Lighting District No.748 (MSU Innovation Campus) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the maintenance and energy and will be assessed for the energy costs and a portion of the maintenance as described in Section 1. The maintenance and energy, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the maintenance and energy provided. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $1,137.48, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of 474 Resolution 5568, Intent to Modify Lighting District 782 Page 3 of 9 streets, avenues and alleys. The total area of the District to be assessed is 41.97 acres, or 1,828,211 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $27.11 or $0.000622 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $1,137.48, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $39.02 per acre, or $0.000896 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation ofDistrict. If at any time after the initial term of the Districta petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the District be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to 475 Resolution 5568, Intent to Modify Lighting District 782 Page 4 of 9 discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the Deputy City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (February 26, 2024) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on Tuesday, March 5, 2024 in the Commission Room at City Hall, 121 N Rouse Avenue. Section 10 Notice of Passage of Resolution of Intention. The Deputy City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on February 10, 2024 and February 17, 2024, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of February 2024. 476 Resolution 5568, Intent to Modify Lighting District 782 Page 5 of 9 ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 477 Resolution 5568, Intent to Modify Lighting District 782 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5568, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 748 (MSU INNOVATION CAMPUS) TO ADD AN ADDITIONAL FOUR LIGHTS ON TECHNOLOGY BLVD, AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. ” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on February 6, 2024, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___ ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 6 th day of February 2024. ___________________________________ Alex Newby Deputy City Clerk 478 Resolution 5568, Intent to Modify Lighting District 782 INTENT TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 748 (MSU INNOVATION CAMPUS) TO INCLUDE ALL REMAINING PHASES CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on February 6, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution No. 5568 to modify Special Improvement Lighting District No. 748 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to MSU Innovation Campus, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5568 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for eleven (11) Philips Lumec 131 Watt LED Luminaires under a die cast aluminum dome with a 24 inch aluminum arm which will be mounted on 24 foot round textured black powder coated steel poles; and four (4) Philips Lumec 35 Watt LED Luminaires mounted on 30 foot round tapered steel poles in hunter green finish. The initial monthly charges per fixture per month (the “Monthly Charge”) are estimated as follows: $7.97 per Philips Lumec 131 Watt LED fixture and $1.78 per Philips Lumec 35 Watt LED fixture, for a total of $94.79 per month or $1,137.48 annually. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assess in the same manner as the 479 Resolution 5568, Intent to Modify Lighting District 782 Improvements resulting in a cost not to exceed $41.97 per acre, or $0.000896 per square foot. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the Deputy City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, February 26, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, on Tuesday, March 5, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated:February 6, 2024 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Alex Newby Deputy City Clerk Legal Ad Publication Dates: Saturday, February 10, 2024 Saturday, February 17, 2024 480 Resolution 5568, Intent to Modify Lighting District 782 COMMISSION RESOLUTION NO. 5568 Resolution of Intent to ModifySILD No. 748 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to all phases of MSU Innovation Campusandpaying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Alex Newby, Deputy City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in regard to the owners in Special Improvement Lighting District No. 748, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, February 9, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Alex Newby Deputy City Clerk Subscribed and sworn before me this 9 th day of February, 2024. (Notarial Seal) _______________________________ Printed name ___________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 481 482 ACCT #Address Assess SqFt Acres Owner City State Zip 132660 2500 W College St 1828213.20 41.97 MSU Innovation Campus C/O MSU Alumni Foundation PO Box 172755 Bozeman MT 59717 41.97 Owner Address MSU Innovation Campus West College Minor Sub #195 483 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5574 Intent to Create a Special Improvement Lighting District 784 for North Park Development MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5574, Intent to Create Special Improvement Lighting District 784 for North Park Development STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. Costs will be recovered by 484 billing property owners each year on their City Assessment bill. It is estimated to cost $4.41 per acre within the district or $511.80 annually for the entire district. Attachments: Exhibit A.pdf Exhibit B.pdf Resolution 5574-Intent to Create SILD 784.docx Report compiled on: January 24, 2024 485 486 PARCEL ACCT #Sq Ft Owner Owner 2 Owner Address City State Zip RFG83136 274540 2345 WHEAT DR 896,029.20000 STATE OF MONTANA C/O Bozeman Trax Partners 5148 US 89 Livingston MT 59047 RFG83137 274570 2350 WHEAT DR 440,391.60000 STATE OF MONTANA C/O Bozeman Trax Partners 5148 US 89 Livingston MT 59047 RFG83138 274520 2525 WHEAT DR 1,094,227.20000 STATE OF MONTANA C/O Bozeman Trax Partners 5148 US 89 Livingston MT 59047 RFG83139 274550 2520 WHEAT DR 1,210,532.40000 STATE OF MONTANA C/O Bozeman Trax Partners 5148 US 89 Livingston MT 59047 RFG44604 157700 1107 REDWING DR 365,468.40000 STATE OF MONTANA C/O Bozeman Trax Partners 5148 US 89 Livingston MT 59047 RFG44603 157720 1425 REDWING DR 637,282.80000 STATE OF MONTANA C/O Bozeman Trax Partners 5148 US 89 Livingston MT 59047 RFG44605 157690 1097 REDWING DR 413,384.40000 STATE OF MONTANA C/O Bozeman Trax Partners 5148 US 89 Livingston MT 59047 5,057,316.00000 NORTH PARK DEVELOPMENT COS 3019 Address 487 Page 1 of 9 RESOLUTION 5574 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 784 (NORTH PARK DEVELOPMENT)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve North Park Development (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for five (5) ELA Lighting LED 55 watt single down swept luminaire on round tapered steel poles,mounted at 30 feet and nine (9) ELA lighting LED 72 watt single down swept luminaire on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be green powder coated over steel. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.55 per 55 watt LED fixture and $3.33 per 72 watt LED fixture. This calculates to $511.80 annually. 488 Resolution 5574, Intent to Create Lighting District 784 Page 2 of 9 Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 784 (North Park Development) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5.The annual maintenance and energy costsare estimated at $511.80, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 116.10 acres, or 5,057,316.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $4.41 or $0.000101 per square foot annually. 489 Resolution 5574, Intent to Create Lighting District 784 Page 3 of 9 Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $511.80, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $8.72 per acre, or $0.000200 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. 490 Resolution 5574, Intent to Create Lighting District 784 Page 4 of 9 Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (February 26, 2024) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on March 5, 2024 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse Ave. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on February 10, 2024 and February 17, 2024 in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of February 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: 491 Resolution 5574, Intent to Create Lighting District 784 Page 5 of 9 ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 492 Resolution 5574, Intent to Create Lighting District 784 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5574, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 784 (NORTH PARK DEVELOPMENT) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on February 6, 2024 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 6 th day of February 2024. ___________________________________ ALEX NEWBY DEPUTY CITY CLERK 493 Resolution 5574, Intent to Create Lighting District 784 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 784 (NORTH PARK DEVELOPMENT) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on February 6, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5574 to create Special Improvement Lighting District No. 784 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to North Park Development, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5574 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for five (5) ELA Lighting LED 55 watt single down swept luminaire on round tapered steel poles, mounted at 30 feet and nine (9) ELA lighting LED 72 watt single down swept luminaire on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be green powder coated over steel. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $2.55 per 55-watt LED fixture and $3.33 per 72-watt LED fixture. This calculates to $511.80 annually. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $8.72 per acre, or $0.000200 per square foot. 494 Resolution 5574, Intent to Create Lighting District 784 Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on February 26, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, or the Improvements on Tuesday, March 5, 2024, at 6:00 p.m.,in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated: February 6, 2024. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ ALEX NEWBY Deputy City Clerk Legal Ad Publication Dates: Saturday, February 10, 2024 Saturday, February 17, 2024 495 Resolution 5574, Intent to Create Lighting District 784 RESOLUTION 5574 Resolution of Intent to create SILD No. 784 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to North Park Development andpaying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) ALEX NEWBY, Deputy City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regards to the owners in Special Improvement Lighting District No. 784, as listed in Exhibit "B", on Friday, February 9, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ ALEX NEWBY Deputy City Clerk Subscribed and sworn before me this 9th day of February, 2024. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 496 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5576 Intent to Modify Special Improvement Lighting District 767 Bozeman Gateway Sub PUD Phase4 (West Garfield St) to include the MSU Innovation Campus. MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Commission Resolution 5576 Intent to Modify Special Improvement Lighting District 767 Bozeman Gateway Sub PUD Phase4 (West Garfield St) to include the MSU Innovation Campus STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated (MCA) 7-12-4301 authorizes special improvement districts to be created to pay for the cost of operating and maintaining streetlights and to assess costs to benefitted property owners. (MCA) 7-12- 4351 authorizes the major modification of an existing special improvement lighting district. Bozeman Municipal Code Sec.38.270.030 subsection A line 4 requires that prior to final plat approval, lighting must be installed or secured. Lighting District 767 was created in November of 2021 to include the Bozeman Gateway Sub PUD Phase4(West Garfield St) development. This modification adds seven additional lights on West Garfield Street along the MSU Innovation Campus. The provisions in MCA 7-12-4302 through 7-12-4305 for the content of the resolution, public notice, protest, and consideration of protest that apply to the creation of a special improvement lighting district also apply to the modification of an existing special improvement lighting district authorized by this section. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. 497 FISCAL EFFECTS:As a result of modifying this lighting district, the City will pay the associated power bills and schedule system maintenance. Costs will be recovered by billing property owners each year on their City Assessment bill. It is estimated to cost $7.09 per acre within the district or $631.80 annually for the entire district. Attachments: Resolution 5576-Intent to Modify SILD 767 Bozeman Gateway Sub PUD Phase 4 (West Garfield Street).docx Exhibit A.pdf Exhibit B.pdf Report compiled on: January 24, 2024 498 Page 1 of 11 RESOLUTION 5576 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (WEST GARFIELD STREET)TO INCLUDE THE MSU INNOVATION CAMPUS,AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Modify District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4, (WEST GARFIELD STREET)Proposed Improvements. It is the intention of this Commission to modify and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.)to include the MSU Innovation Campus (the “District”) for the purpose of, maintenance and energy costs. The district will pay the maintenance and energy costs for fifteen (15) Signify Lumec RoadFocus LED Cobrahead 64-watt single upsweep luminaires on round tapered steel poles, mounted at 30’ per City of Bozeman standards. The poles will be K-KLAD over galvanized –Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $3.51 per 64-watt LED fixture or $42.12 annually per fixture. 499 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) Page 2 of 11 Section 2 Number of District. The modified district is known and designated as Special Improvement Lighting District No.767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the maintenance and energy and will be assessed for the energy costs and a portion of the maintenance as described in Section 1. The maintenance and energy, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the maintenance and energy provided. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $631.80, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract 500 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) Page 3 of 11 or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 89.13 acres, or 3,882,503 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $7.09 or $0.000163 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $631.80, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $12.70 per acre, or $0.000292 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation ofDistrict. If at any time after the initial term of the Districta petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the District be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the 501 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) Page 4 of 11 Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the Deputy City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (February 26, 2024) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on Tuesday, March 5, 2024 in the Commission Room at City Hall, 121 N Rouse Avenue. Section 10 Notice of Passage of Resolution of Intention. The Deputy City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on February 10, 2024 and February 17, 2024, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6 th day of February 2024. 502 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) Page 5 of 11 ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 503 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5576, entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO MODIFY LIGHTING DISTRICT NO. 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (WEST GARFIELD STREET) TO INCLUDE THE MSU INNOVATION CAMPUS, AND FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. ” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on February 6, 2024, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___ ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 6 th day of February 2024. ___________________________________ Alex Newby Deputy City Clerk 504 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) INTENT TO MODIFY SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 767 (BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (WEST GARFIELD STREET) TO INCLUDE THE MSU INNOVATION CAMPUS CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on February 6, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution No. 5576 to modify Special Improvement Lighting District No. 767 (BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (WEST GARFIELD STREET) TO INCLUDE THE MSU INNOVATION CAMPUS (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to West Garfield Street, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5576 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for fifteen (15) Signify Lumec RoadFocus LED Cobrahead 64-watt single upsweep luminaires on round tapered steel poles, mounted at 30’ per City of Bozeman standards. The poles will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $3.51 per 64-watt LED fixture or $42.12 annually per fixture. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 505 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) for publication and mailing associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $12.70 per acre, or $0.000292 per square foot. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the Deputy City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, February 26, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, on Tuesday, March 5, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated:February 6, 2024 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ Alex Newby Deputy City Clerk Legal Ad 506 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) Publication Dates: Saturday, February 10, 2024 Saturday, February 17, 2024 507 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) COMMISSION RESOLUTION NO. 5576 Resolution of Intent to Modify SILD No. 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (WEST GARFIELD STREET) TO INCLUDE THE MSU INNOVATION CAMPUS for the purpose of maintaining lighting and assessing the cost for maintenance and energy to all phases of West Garfield Street and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Alex Newby, Deputy City Clerk, being first duly sworn, says: That I deposited a copy of the Notice in regard to the owners in Special Improvement Lighting District No. 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (WEST GARFIELD STREET) TO INCLUDE THE MSU INNOVATION CAMPUS, as listed in Exhibit "B", in the U.S. Post Office at Bozeman, Montana, on Friday, February 9, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Alex Newby Deputy City Clerk Subscribed and sworn before me this 9 th day of February 2024. (Notarial Seal) _______________________________ 508 Resolution 5576, Intent to Modify Lighting District 767 BOZEMAN GATEWAY SUBDIVISION PUD PHASE 4 (West Garfield Street) Printed name ___________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 509 Miles 0.2 5,054 This product is for informational purposes and may not have been prepared for, or be suitable for legal,engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Feet 5890 Legend 294 Location 589 Morrison-Maierle Jim Ullman SILD Application 08/30/2021 Created By: Created For: Date: West Garfield Street - Proposed SILD Boundary Street Names Post 1993 City Limits 510 SDSDE6 E6 FUTURE LUMINAIRE BY OTHERS FUTURE LUMINAIRE BY OTHERSFOWLER AVENUEHARMON STREAMHH HH PROVIDE 2#6 CU AND 1#8 CU GND IN 2"C. PROVIDE 2#6 CU AND 1#8 CU GND IN 2"C. NEW LUMINAIRE STA: 0+53.36, 26.8' LT NEW LUMINAIRE STA: 4+50.89, 25.7' LT E6E6 FUTURE LUMINAIRE BY OTHERS FUTURE LUMINAIRE BY OTHERSHARMON STREAMHH HH PROVIDE 2#6 CU AND 1#8 CU GND IN 2"C. PROVIDE 2#6 CU AND 1#8 CU GND IN 2"C. M NEW LUMINAIRE STA: 7+48.28, 26.15 LT NEW LUMINAIRE STA: 10+44.59, 26.34 LT BOZEMAN GATEWAY SUBDIVISION PUD GARFIELD LIGHTING PLAN SHEET NUMBER PROJECT NUMBER DRAWING NUMBER VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! DATEDESCRIPTIONNO.BY N:\3638\009\DESIGN DOCS\CALCS\ELECTRICAL\GARFIELD STREET\GARFIELD STREET POWER.DWG PLOTTED BY:CELINE SAUCIER ON Jul/29/2021 COPYRIGHT ©MORRISON-MAIERLE, INC.,2021 REVISIONS engineers surveyors planners scientists MorrisonMaierle DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 6558.002 E-3 BOZEMAN MONTANA ARG ARG 01/2020 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 GARFIELD STREET LIGHTING PLAN GARFIELD STREET LIGHTING PLAN MATCHLINE STA: 7+00SEE GARFIELD (2)MATCHLINE STA: 7+00SEE GARFIELD (1)MATCHLINE STA: 13+00SEE GARFIELD (3)2 2 1 KEY NOTES METER EQUIPMENT M1. SEE DETAIL ON E-2. PROVIDE 2#10CU AND 1#10CU GND BETWEEN HAND HOLE AND LUMINAIRE SEE PULLBOX DETAIL ON E-2 GENERAL NOTES 1.CONTRACTOR SHALL PROVIDE SCHEDULE 80 PVC CONDUIT UNDER PAVED SURFACES. SCHEDULE 40 PVC IS PERMITTED UNDER LANDSCAPED SURFACE. 2.ALL CONDUIT AND TRENCHING SHALL BE INSTALLED PER CITY STANDARDS. 2 2 2 1 3 3 3 3 3 511 E6 E6E6 FUTURE LUMINAIRE BY OTHERS FUTURE LUMINAIRE BY OTHERS SOUTH 29THHH HH HH PROVIDE 2#6 CU AND 1#8 CU GND IN 2"C.PROVIDE 2#6 CU AND 1#8 CU GND IN 2"C. NEW LUMINAIRE STA: 13+41.94, 24.84 LT NEW LUMINAIRE STA: 16+1.20, 26.19 LT E6 E6 FUTURE LUMINAIRE BY OTHERS FUTURE LUMINAIRE BY OTHERS INSTALLED BY YELLOWSTONE ORTHO. STA: 21+84.36, 24.80 LT SOUTH 29THHH HH PROVIDE 2#6 CU AND 1#8 CU GND IN 2"C. BOZEMAN GATEWAY SUBDIVISION PUD GARFIELD STREET LIGHTING PLAN SHEET NUMBER PROJECT NUMBER DRAWING NUMBER VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! DATEDESCRIPTIONNO.BY N:\3638\009\DESIGN DOCS\CALCS\ELECTRICAL\GARFIELD STREET\GARFIELD STREET POWER.DWG PLOTTED BY:CELINE SAUCIER ON Jul/29/2021 COPYRIGHT ©MORRISON-MAIERLE, INC.,2021 REVISIONS engineers surveyors planners scientists MorrisonMaierle DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 6558.002 E-4 BOZEMAN MONTANA ARG ARG 01/2020 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 GARFIELD STREET LIGHTING PLAN GARFIELD STREET LIGHTING PLANMATCHLINE STA: 13+00SEE GARFIELD (2)MATCHLINE STA: 19+00SEE GARFIELD (4)MATCHLINE STA: 19+00SEE GARFIELD (3)1 KEY NOTES PROVIDE 2#10CU AND 1#10CU GND BETWEEN HAND HOLE AND LUMINAIRE SEE PULLBOX DETAIL ON E-2 GENERAL NOTES 1.CONTRACTOR SHALL PROVIDE SCHEDULE 80 PVC CONDUIT UNDER PAVED SURFACES. SCHEDULE 40 PVC IS PERMITTED UNDER LANDSCAPED SURFACE. 2.ALL CONDUIT AND TRENCHING SHALL BE INSTALLED PER CITY STANDARDS. 1 1 1 1 1 2 2 2 2 2 INSTALLED BY SITE Z STA: 18+70.36, 26.32 LT 2 512 513 514 Lot Location ID Owner Name Owner Address Address 2 City State Zip 1 181370 2867 Technology Blvd GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 2 181350 2877 Technology Blvd GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 3 181360 2855 Technology Blvd GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 4 181380 2865 Technology Blvd GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 1A, 5 & 6 176200 2880 Technology Blvd MORRISON MAIERLE INC 1 ENGINEERING PL HELENA MT 59602-0241 3 181290 1160 S 29th Ave MT3 & DAKOTA KID LLC PO BOX 6550 BOZEMAN MT 59771-6550 4 180640 1150 S 29th Ave RANDOLPH PROPERTIES, LLC 208 N 11TH AVE BOZEMAN MT 59715-3218 5 & 6 179740 875 Harmon Stream Blvd BANK OF BOZEMAN 875 HARMON STREAM BLVD BOZEMAN MT 59718-4052 5 181240 3240 Technology Blvd CARISCH BROTHERS LP ATTN: NANCY GAWRELUK 681 E LAKE ST STE 262 WAYZATA MN 55391 6 227200 1065 Harmon Stream Blvd BROOKSIDE CAMP REAL ESTATE LLC 1065 HARMON STREAM BLVD BOZEMAN MT 59718-4195 7 227210 1127 Harmon Stream Blvd MUSE VENTURES LLC 786 N 15TH AVE BOZEMAN MT 59715-3235 16A 197860 870 Harmon Stream Blvd GKT BOZEMAN GATEWAY TWO, LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203 19A 197890 855 S 29th Ave BRADAC SCOTT PO BOX 738 GREAT FALLS MT 59403-0738 25A 197930 981 S 29th Ave KOHLS ILLINOIS INC N56 W17000 RIDGEWOOD DR MENOMONEE FALLS WI 53051 45 197960 2952 Technology Blvd GATEWAY 45 LLC 4239 OAKWOOD AVE LA CANADA CA 91011-3408 46 197970 2928 Technology Blvd AED BUILDING LLC 2928 TECHNOLOGY BLVD W BOZEMAN MT 59718-4145 2A 283940 8748 Huffine Ln MITCHELL DEVELOPMENT & INVESTMENTS, LLC PO BOX 738 GREAT FALLS MT 59403-0738 2A 146470 8750 Huffine Ln GKT BOZEMAN GATEWAY PHASE 4 LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 1A 173360 3255 Technology Blvd GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 1A1 & 2A1 181210 1060 S Fowler Ave GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 3A 181220 1120 S Fowler Ave GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 4A 181230 1140 S Fowler Ave GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 17A 197880 867 S 29th Ave GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 23A 197990 2933 Technology Blvd GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 22B 198020 2927 Technology Blvd GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 47 198040 2959 W Garfield St GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 48 198030 2921 W Garfield St GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 14A 197840 862 Harmon Stream Blvd GKT BOZEMAN GATEWAY LLC 211 N STADIUM BLVD STE 201 COLUMBIA MO 65203-1161 Tract C-1A 132660 2500 W College St MSU INNOVATION CAMPUS C/O MSU ALUMNI FOUNDATION PO BOX 172755 BOZEMAN MT 59717 Modification of Lighting District #767 Bozeman Gateway Subdivision PUDPhase 4 (West Garfield St.) to include the MSU Innovation Campus FY 24 Address 515 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Director of Strategic Services Max Ziegler, Facilities Project Coordinator SUBJECT:Approve Resolution 5578, Authorizing the City Manager to Sign GMP Amendment #2 with Jackson Contractor Group, Inc., for the Bozeman Swim Center Renovation Project MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5578, Authorizing the City Manager to Sign GMP Amendment #2 with Jackson Contractor Group, Inc., for the Bozeman Swim Center Renovation Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On November 14, 2023, the City Commission approved Resolution 5551 accepting GMP Amendment #1 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services, updating the total contract cost for the project. The amendment included several alternate items to be approved if funding was available within the project. This amendment contains provisions for accepting Phase 2 Alternates, resulting in an increase of $91,254.43 to the overall Contract Price funded from project Owner's Contingency funds. The Alternates approved under this amendment include modifications to siding, additional interior painting, removal of an abandoned natural gas distribution line, tile replacement at showers, and the securing of abandoned HVAC ductwork. This GMP amendment also includes an additional scope of work to include CIP Projects GF374, GF375, and GF376 within this construction effort. In the time since this project was conceived, the demand for Gender Neutral Changing Rooms has increased and one of the pool boilers has now met its service life and is scheduled to be replaced. Currently there are only gendered open floorplan locker rooms and showers, and the addition of two gender neutral / family changing rooms will improve ADA accessibility, promote inclusivity, and better meet the needs of Swim Center users. The construction of gender neutral changing rooms within the existing locker 516 room space will require the relocation of several walls, triggering locker room tile replacement (GF376). To meet these additional needs without incurring a future shutdown of the facility, these CIP projects have been added to the overall renovation project to be completed during the scheduled Summer 2024 closure. It is also expected that construction costs for this scope will be lower if completed within the existing project rather than as a future standalone project. This additional scope will result in an increase of $381,256 to the total contract price. The overall increase to the Guaranteed Maximum Price for this project incurred by this resolution is $472,510.43. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:The changes included in this GMP amendment will result in an increase of $472,510.43 to the overall contract price to be paid from project contingency funds as well as CIP funds for Projects GF374, GF375, GF376, as authorized by the City Commission. A budget amendment may be required for fiscal year 2024. Attachments: Resolution 5578 - GMP Amendment.pdf Swim Center PCCO #04.pdf Guaranteed Maximum Price Amendment No. 2 for Swim Center Renovation.pdf Report compiled on: January 26, 2024 517 Version April 2020 RESOLUTION 5578 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS, the City Commission did, on November 14, 2023, authorize award of the Guaranteed Maximum Price (GMP) Amendment No. 1 for Renovation of the Bozeman Swim Center with Jackson Contractor Group; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for Renovation of the Bozeman Swim Center, as contained in PSA Amendment No. 3 and Guaranteed Maximum Price Amendment No. 2, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of February, 2024. ___________________________________ Terence Cunningham Mayor ATTEST: 518 Version April 2020 ___________________________________ Alex Newby Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 519 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Project: 03202202  -  City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone:  (406) 577-2772 Phone:  406-595-8470 Fax:  (406) 587-4282 Prime Contract Change Order #004: Phase 2 Locker Addition & Approved PH2 Alternates TO:City of Bozeman PO Box 1230 Bozeman, Montana 597711230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana 59806 DATE CREATED:1/ 29 /2024 CREATED BY:Melinee Metzger (Jackson Contractor Group, Inc.) CONTRACT STATUS:Pending - In Review REVISION:0 DESIGNATED REVIEWER:Max Ziegler (City of Bozeman)REVIEWED BY:   DUE DATE:02/07 /2024 REVIEW DATE:  INVOICED DATE: PAID DATE:  SCHEDULE IMPACT:EXECUTED:No  CONTRACT FOR:03202202-01:City of Bozeman Swim Center TOTAL AMOUNT:  $ 472,510.43 DESCRIPTION: ATTACHMENTS: Bozeman Swim Center Phase 2 With Dance Floor.pdf BZN Swim Center Phase 2 GMP 1.29.24.pdf Swim Center PCO #023.pdf Swim Center PCO #024.pdf   This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract.   POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO #Title Schedule Impact Amount 023 Swim Center Phase 2 Locker Room Add 0 days 381,256.00  024 Phase 2 Alternates 0 days 91,254.43  TOTAL:$472,510.43 CHANGE ORDER LINE ITEMS:  Bozeman Office page 1 of 3 Printed On: 1/29/ 2024  04 :08 PM PCCO #004 520 PCO # 023 : Swim Center Phase 2 Locker Room Add #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 01-3000 - ADMINISTRATIVE REQUIREMENTS General Conditions Unallocated $ 3,889.00 2 03 Bozeman Swim Center - Ph 2 02-4100 - SITE DEMOLITION CMU Demo - Local Demo Subcontract $ 3,650.00 3 03 Bozeman Swim Center - Ph 2 02-4100 - SITE DEMOLITION Various Site Demo Labor - Salaries/Wages $ 2,192.00 4 03 Bozeman Swim Center - Ph 2 04-4000 - STONE ASSEMBLIES Masonry - R-Davidson Subcontract $ 34,178.00 5 03 Bozeman Swim Center - Ph 2 17-0002 - ADDITIONAL TILE DEMO FOR WATER Locker Room Tile Other $ 105,917.00 6 03 Bozeman Swim Center - Ph 2 09-5101 - MRG ACT CEILINGS Drywall & Metal Framing Subcontract $ 9,328.00 7 03 Bozeman Swim Center - Ph 2 10-2816 - BATH ACCESSORIES Specialties Purchase Order $ 4,029.00 8 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Locker Room Plumbing Subcontract $ 26,200.00 9 03 Bozeman Swim Center - Ph 2 23-0001 - COMFORT SYSTEMS MECHANICAL COM Locker Room Ceiling Heaters, T-Stats, Exhausting Subcontract $ 6,785.00 10 03 Bozeman Swim Center - Ph 2 26-0001 - SES ELECTRICAL COMPLETE Replace all Lighting Fixtures and Controls + HVAC Electrical Subcontract $ 5,837.00 11 03 Bozeman Swim Center - Ph 2 09-9100 - ANOTHER PETERS PAINTING Patch CMU + Paint Subcontract $ 4,500.00 12 03 Bozeman Swim Center - Ph 2 08-7113 - MT CONTRACTING Locker Room Doors & Frames Subcontract $ 6,726.00 13 03 Bozeman Swim Center - Ph 2 17-0008 - ALLOWANCE 0008 Allowance - Boiler, Pump, and Expansion Tank Other $ 90,000.00 14 03 Bozeman Swim Center - Ph 2 17-0009 - ALLOWANCE 0009 Allowance - Bath Accessories Other $ 1,000.00 15 03 Bozeman Swim Center - Ph 2 17-0010 - ALLOWANCE 0010 Allowance - Plumbing Investigation and Slab Cutting Other $ 7,500.00 16 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Construction Contingency 5%Other $ 31,174.00 17 03 Bozeman Swim Center - Ph 2 01-4126 - PERMITS Permit Fees 1% construction Other $ 3,118.00 Subtotal:$346,023.00 Insurance: 1.00% Applies to all line item types.3,461.00 Contractor's Fee: 8.00% Applies to all line item types.27,959.00 GRT: ≈ 1.01% Applies to all line item types.3,813.00    Grand Total:$381,256.00 Bozeman Office page 2 of 3 Printed On: 1/29/ 2024  04 :08 PM PCCO #004 521 PCO # 024 : Phase 2 Alternates #SubJob Cost Code Description Type Amount 1 03 Bozeman Swim Center - Ph 2 07-4623 - DIVISION 7 SIDING Alternate 1 - Flat siding behind NWE meter Subcontract $ 4,800.00 2 03 Bozeman Swim Center - Ph 2 09-9100 - ANOTHER PETERS PAINTING Alternate 2 - Paint Entire Wall at Natatorium E, S, and W walls Subcontract $ 10,425.00 3 03 Bozeman Swim Center - Ph 2 09-9100 - ANOTHER PETERS PAINTING Alternate 3 - Paint Gas Line Subcontract $ 500.00 4 03 Bozeman Swim Center - Ph 2 23-0001 - COMFORT SYSTEMS MECHANICAL COM Alternate 3 - Remove existing Gas Line and Re-route Subcontract $ 16,200.00 5 03 Bozeman Swim Center - Ph 2 09-5101 - MRG ACT CEILINGS Alternate 7 - Remove and Replace Ceiling Grid for Duct Access Subcontract $ 16,795.00 6 03 Bozeman Swim Center - Ph 2 23-0001 - COMFORT SYSTEMS MECHANICAL COM Alternate 7 - Inspect and Secure existing Ductwork Subcontract $ 12,000.00 7 02 Bozeman Swim CntrPH1 PRMT 2 02-4200 - DEMO DUCTWORK - ALLOWANCE Alternate 7 - Credit Demo Ductwork Allowance from PH1 Permit 2 Unallocated ($20,000.00) 8 03 Bozeman Swim Center - Ph 2 09-6800 - PIERCE TILING Locker Room Alternate 1 - Add Tile at Existing Shower Floor Subcontract $ 33,089.00 9 03 Bozeman Swim Center - Ph 2 09-6800 - PIERCE TILING Locker Room Alternate 2 - Eliminate Tile at New Showers Subcontract ($1,674.00) 10 03 Bozeman Swim Center - Ph 2 22-0001 - PLUMBING COMPLETE Locker Room Alternate 2 - Add Shower Inserts at new Showers Subcontract $ 7,500.00 11 03 Bozeman Swim Center - Ph 2 01-2116 - CONTINGENCY Contingency Other $ 1,947.00 12 03 Bozeman Swim Center - Ph 2 01-4126 - PERMITS Permit Other $ 797.20 13 03 Bozeman Swim Center - Ph 2 01-7300 - INSURANCE AND BONDS Bond Other $ 411.27 Subtotal:$82,790.47 Insurance: 1.00% Applies to all line item types.824.27 Contractor's Fee: ≈ 8.05% Applies to all line item types.6,727.48 GRT: ≈ 1.01% Applies to all line item types.912.21    Grand Total:$91,254.43 The original (Contract Sum)$ 5,036,097.68 Net change by previously authorized Change Orders ($37,832.31) The contract sum prior to this Change Order was $ 4,998,265.37 The contract sum would be changed by this Change Order in the amount of $ 472,510.43 The new contract sum including this Change Order will be $ 5,470,775.80 The contract time will not be changed by this Change Order  Ali Vasarella (Cushing Terrell - Missoula) City of Bozeman  Jackson Contractor Group, Inc. 306 W Railroad Street, Ste 104  PO Box 1230  PO Box 967 Missoula Montana 59802  Bozeman Montana 597711230  Missoula Montana 59806             ProcoreArchitectSignHere ProcoreArchitectSignedDate  ProcoreOwnerSignHere ProcoreOwnerSignedDate  ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate SIGNATURE DATE  SIGNATURE DATE  SIGNATURE DATE Bozeman Office page 3 of 3 Printed On: 1/29/ 2024  04 :08 PM PCCO #004 522 GUARANTEED MAXIMUM PRICE AMENDMENT (GMP) NO. 2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Article 4 of the Professional Services Agreement between Owner and Construction Manager this amendment dated the 6th day of February 2024, between City of Bozeman (“Owner”) and Jackson Contractor Group, Inc. (“Contractor”) for the Bozeman Swim Center Renovation, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth below: GUARANTEED MAXIMUM PRICE FOR BOZEMAN SWIM CENTER RENOVATION The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the Work and the Construction Manager’s Fee is as follows: Base Bid General Conditions $657,822.00 Phase 1 Phase 1 Permit 1 Construction Services $32,075.24 Phase 1 Permit 2 Wood, Metals, Misc. $194,172.40 Exterior Art Grid $15,456.28 Roofing $519,808.11 EIFS Demo, New Siding, and Insulation $567,583.13 Paint $16,928.00 Tile $2,500.00 Drywall $11,279.50 Signage $4,955.30 Plumbing $13,600.00 Mechanical $5,980.00 Electrical $17,085.00 Exterior Improvements $22,969.00 Phase 2 Demolition and Misc. $5,842.00 Masonry $34,178.00 Replace all Ceiling Tiles with new standard tiles $306,239.00 Resurface Pool + Tile Lanes $867,833.41 Replace Gutter coping with Federal Stone Slot Drain Incl. in Above New Ladders and Lane Anchors Incl. in Above Patch tile, oxidize substrate, support existing decks $38,432.00 523 Locker Room Tile $137,332.00 Drywall & Metal Framing $9,328.00 Specialties $4,029.00 Procure Mechanical Equipment $445,000.00 Locker Room Plumbing $33,700.00 Remove and Replace Natatorium HVAC, Replace MAU, Exhaust Fans, PTAC, TAB $264,000.00 Locker Room Ceiling Heaters, T-Stats, Exhausting $6,785.00 Replace all Lighting Fixtures and Controls + HVAC Electrical $159,687.00 Exterior Siding @ East Elevation $106,342.00 Patch CMU + Paint $19,250.00 Locker Room Doors & Frames $6,726.00 Doors at front desk to Natatorium $15,049.00 Allowances 10% Ceiling Grid Repair $6,800.00 Additional Tile Removal for waterproofing connection $15,000.00 Mechanical Equipment Fencing $10,000.00 Repairs of Pool Inlets $1,500.00 Structural Repair at Pool (60 LF) $26,500.00 Downspout removal and replacement $5,000.00 Boiler, Pump, and Expansion Tank $90,000.00 Bath Accessories $1,000.00 Plumbing Investigation and Slab Cutting $7,500.00 Subtotal $4,705,266.37 Fees/Contingency Construction Contingency 5% $164,355.00 Permit Fees 1% construction $47,055.20 Bond 1% $45,294.27 Insurance 1% $49,168.27 GRT 1% $54,708.21 Contractors Fee 8% $404,928.48 Total: $5,470,775.80 TOTAL GUARANTEED MAXIMUM PRICE $5,470,775.80 CONTRACT TIME The date of Substantial Completion for the Work outlined above is: 10/24/2024 524 OWNER: CONTRACTOR: City of Bozeman Jackson Contractor Group, Inc. 121 N. Rouse Ave. 146 Laura Louise Ln. Bozeman, MT 59715 Bozeman, MT 59718 By:__________________________ By: __________________________ Jeff Mihelich, City Manager Mike Chase, Senior Project Manager 525 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Resolution 5579, Authorizing the City Manager to Sign Prime Change Order 4 and Guaranteed Maximum Price Amendment 6 with Martel Construction, Inc. for the Construction of the Bozeman Public Library Renovation Project MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5579, authorizing prime change order #4 and guaranteed maximum price amendment #6 with Martel Construction, Inc., for construction of the Bozeman Public Library Renovation Project STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural "infrastructure" as the city grows. BACKGROUND:On June 27, 2023 the City Commission approved Resolution 5497 authorizing Guaranteed Maximum Price Amendment #5 for the construction of the Bozeman Public Library Renovation Project as a part of the General Construction / Construction Manager Agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) resulting in an increase of $60,375 to the overall Guaranteed Maximum Price. Changes that will be addressed with this amendment include added electrical switches in the Montana Room, office furniture construction and reconstruction, duct work in the Community Room, acoustic wall paneling, additional smoke detectors, sink modifications in Lab 1, miscellaneous painting, and punch list additions. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The changes included in this request result in an increase of $60,375 to the overall Guaranteed Maximum Price to be covered using contingency funds within the existing project budget as authorized by the City Commission. 526 Attachments: Resolution 5579.pdf Prime Change Order #4.pdf Guaranteed Maximum Price Amendment No. 6 for Public Library.pdf Report compiled on: January 25, 2024 527 Version April 2020 RESOLUTION 5579 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS, the City Commission did, on June 27, 2023, authorize Guaranteed Maximum Price (GMP) Amendment #5 for Construction of the Bozeman Public Library Renovation Project with Martel Construction, Inc.; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to GMP Amendment #6 for Construction of the Bozeman Public Library Renovation Project, as contained in Prime Change Order #4, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature., to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of February 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: 528 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 529 June 14, 2023 City of Bozeman PO Box 1230 Bozeman, MT 59715-5801 ATTN:Jon Henderson Martel COR #18 PROJECT:Bozeman Public Library SUBJECT:MT Room + Added Switch Jon, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the addendums. If we have misinterpreted this information in any way (omissions, etc.) please advise us prior to processing this quotation into a formal Change Order. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays. Our proposal is based on receipt of a signed Change Order within (25) calendar days. We are requesting to use contractor contingency to cover the cost of:$ 2,908 If you have any questions, please call me at (406) 223-9011 A signature below indicates the owner has accepted the change order and the work will proceed. Sincerely, Mike Daines-Project Manager 530 Spreadsheet Report Page 1 Bozeman Public Library - 3.11.2022 6/14/2023 11:20 AM Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 01-0000 GENERAL REQUIREMENTS1 01-0110 Supervision2 General Conditions Labor (including all fringe and insurance) 4.00 hour 286 *-*-2863 Supervision 286 286 01-0150 Project Management4 Project Manager 2.00 hr 133 --1335 Project Management 133 133 GENERAL REQUIREMENTS 420 420 26-0000 ELECTRICAL6 26-0500 Electrical7 Low Voltage Switch Room 210 1.00 ls --1,013 --1,0138 Montana Room Door Security Interface Move 1.00 ls --1,281 --1,2819 Electrical 2,294 2,294 ELECTRICAL 2,294 2,294 Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total Labor 420 Material Subcontract 2,294 Equipment Other 2,714 2,714 General Liability Insurance 26 Performance Bond 20 Gross Receipts Tax Builders Risk 10 Construction Fee 138 Construction Contingency 194 2,908 Total 2,908 531 690 Jetway Dr. Unit A Belgrade, MT 59714 tel: 406-995-2849 May 31, 2023 Attention: Mike Daines Martel Construction Inc. 1203 S Church Ave. Bozeman, MT 59715 Project: Bozeman Public Library Remodel Reference: PCO#014 – Added Switch Meeting Room 210 Dear Mr. Daines – For your consideration we are presenting our pricing for the added scope of work associated with the addition of (1) Wattstopper Low Voltage Switch in Meeting Room 210 & (1) Wattstopper Low Voltage Switch in Meeting Room 205. Total Price: $1,013 New Scope: - Cut in box for new low voltage switch location in Meeting Room 210 & Meeting Room 205. - Run low voltage wire from the new switch to existing Wattstopper power pack. - Make connection and program/verify function of new switches. Clarifications: - Pricing is based on straight time work only. No shift work or overtime. - Quoted price for Wattstopper Switches will be held until 6/7/2023, at which time the quote will expire and is subject to possible pricing increase. Please do not hesitate to contact me with any questions or comments, or if you require additional information. Sincerely, Nick LeGolvan Project Manager 532 ENCOREelectric Master Estimating System copyright©: ENCOREelectric, Inc., 2003, 2004, 2008, 2009, 2013 File:Misc. Estimate Sheet-3 Project:Bozeman Public Library Date Due:01/00/00 $485 4 $1,013 Sq. Ft.:0 Item Quantity Unit Per Extension Unit Per Extension Total Cost EWS Quote Wattstopper Switch Quote 2 LOT 344 1.00 EA 1.00 $511 #16/4 TEFLON 65 1,740.80 M 113 16.50 M 1.00 $244 Outlet Box Cut-In 2 14.13 EA 28 1.00 EA 2.00 $259 $485 4.00 $1,013 Material 485 Sales Tax 0.00%0 Subtotal Material 485 Labor Hours 4.00 Labor Rate $98.00 392 Subtotal Labor 392 Labor Cost Allocation 0.00% 0 General Conditions 0.00% 0 Housing and Per Diem 0.00% 0 Equipment 0 Subtotal 877 (Material, Labor, Indirects, Supervision, Small Tools, Equipment) Permit 0.00% 0 Bond 0.00% 0 Temporary Power & Lighting 0.00% 0 Misc.0 Misc.0 Misc.0 Subtotal 877 Overhead 10.00%88 Subtotal 965 Profit 5.00%48 Total $1,013 Cost/Square Foot $0.00 Material Labor Sub-Totals 5/31/2023 Page 1 7:57 AM 533 Quotation QuantityType Description Unit or Lot#Unit Price Ext Price TO: Expiration Date:06/07/23 ENCORE ELECTRIC MT PARENT 7125 W JEFFERSON AVENUE, SUITE 400 LAKEWOOD, CO 80235 Page :1 of 1 Vendor Project Info: Project:BOZEMAN LIBRARY CO 06(CS2 CNTRL) Job #:9088 Bid Date:05/08/23 Bid Time:02:00 PM MDT Quoter:Tiffani Robinson QUOTING PER JUSTIN'S EMAIL 5/8/23 ***QUOTE GOOD FOR 30 DAYS*** 1CS2 CNTRL LMDM-101-W-ENG1 Unit 142.029/EA 142.03 1FRT FREIGHT ESTIMATE Unit 30.000/EA 30.00 Total 172.03 Taxes Not Included https://customers.electricalwholesale.com/index.jsp?path=tos Notes From: EWSCO BOZEMAN BRANCH 14 PHONE 406-586-8471 213 GARDEN DR. BOZEMAN, MT 59718 Printed By: Tiffani Robinson 5/8/2023 3:23:59 PM 534 690 Jetway Dr. Unit A Belgrade, MT 59714 tel: 406-995-2849 May 31, 2023 Attention: Mike Daines Martel Construction Inc. 1203 S Church Ave. Bozeman, MT 59715 Project: Bozeman Public Library Remodel Reference: PCO#015 – Montana Room Work Out of Scope Dear Mr. Daines – For your consideration we are presenting our pricing for the added scope of work associated with moving and re-feeding the door security interface in the Montana Room. Total Price: $1,281 New Scope: - Cut in new location for door security interface. - Re-Feed the door security interface. - Connection made within panel. Clarifications: - Pricing is based on straight time work only. No shift work or overtime. Please do not hesitate to contact me with any questions or comments, or if you require additional information. Sincerely, Nick LeGolvan Project Manager 535 ENCOREelectric Master Estimating System copyright©: ENCOREelectric, Inc., 2003, 2004, 2008, 2009, 2013 File:Misc. Estimate Sheet-2 Project:Bozeman Public Library Date Due:01/00/00 $183 9 $1,281 Sq. Ft.:0 Item Quantity Unit Per Extension Unit Per Extension Total Cost 12/2 MC CABLE 125 1,049.93 M 131 57.75 M 7.22 $969 1/2"-3/4" Connection, NEMA 1 1 23.55 EA 24 0.83 EA 0.83 $121 Outlet Box Cut-In 1 14.13 EA 14 0.83 EA 0.83 $110 Outlet Box 4" Square 1 14.13 EA 14 0.58 EA 0.58 $82 $183 9.45 $1,281 Material 183 Sales Tax 0.00% 0 Subtotal Material 183 Labor Hours 9.45 Labor Rate $98.00 926 Subtotal Labor 926 Labor Cost Allocation 0.00% 0 General Conditions 0.00% 0 Housing and Per Diem 0.00% 0 Equipment 0 Subtotal 1,109 (Material, Labor, Indirects, Supervision, Small Tools, Equipment) Permit 0.00% 0 Bond 0.00% 0 Temporary Power & Lighting 0.00% 0 Misc.0 Misc.0 Misc.0 Subtotal 1,109 Overhead 10.00% 111 Subtotal 1,220 Profit 5.00% 61 Total $1,280.65 Cost/Square Foot $0.00 Material Labor Sub-Totals 5/31/2023 Page 1 9:28 AM 536 June 14, 2023 City of Bozeman PO Box 1230 Bozeman, MT 59715-5801 ATTN:Jon Henderson Martel COR # PROJECT:Bozeman Public Library SUBJECT:Desk Construction + Reconstruction Jon, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the addendums. If we have misinterpreted this information in any way (omissions, etc.) please advise us prior to processing this quotation into a formal Change Order. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays. Our proposal is based on receipt of a signed Change Order within (25) calendar days. We are requesting for an INCREASE TO THE GMP to cover the cost of:3,245$ If you have any questions, please call me at (406) 223-9011 A signature below indicates the owner has accepted the change order and the work will proceed. Sincerely, Mike Daines-Project Manager MARTEL CONSTRUCTION, INC. 19 537 Spreadsheet Report Page 1 Bozeman Public Library - 3.11.2022 6/14/2023 12:38 PM Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 01-0000 GENERAL REQUIREMENTS1 01-0110 Supervision2 General Conditions Labor (including all fringe and insurance) 4.00 hour 286 *-*-2863 Supervision 286 286 01-0150 Project Management4 Project Manager 1.00 hr 67 --675 Project Management 67 67 GENERAL REQUIREMENTS 353 353 12-0000 FURNISHINGS6 12-5000 Furniture7 Furniture 51.00 hour 2,475 200 --2,6758 Furniture 2,475 200 2,675 FURNISHINGS 28,496.00 sf 2,475 200 2,675 Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total Labor 2,828 Material 200 Subcontract Equipment Other 3,028 3,028 General Liability Insurance 29 Performance Bond 22 Gross Receipts Tax Builders Risk 12 Construction Fee 154 Construction Contingency 217 3,245 Total 3,245 538 June 27, 2023 City of Bozeman PO Box 1230 Bozeman, MT 59715-5801 ATTN:Jon Henderson Martel COR # PROJECT:Bozeman Public Library SUBJECT:Community Room Duct Move Jon, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the addendums. If we have misinterpreted this information in any way (omissions, etc.) please advise us prior to processing this quotation into a formal Change Order. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays. Our proposal is based on receipt of a signed Change Order within (25) calendar days. We are requesting to use contractor contingency to cover the cost of:1,707$ If you have any questions, please call me at (406) 223-9011 A signature below indicates the owner has accepted the change order and the work will proceed. Sincerely, Mike Daines-Project Manager MARTEL CONSTRUCTION, INC. 20 539 Spreadsheet Report Page 1 Bozeman Public Library - 3.11.2022 6/27/2023 1:41 PM Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 01-0000 GENERAL REQUIREMENTS1 01-0110 Supervision2 General Conditions Labor (including all fringe and insurance) 2.00 hour 143 *-*-1433 Supervision 143 143 GENERAL REQUIREMENTS 143 143 23-0000 HVAC4 23-0500 HVAC5 Move duct community room 1.00 ls --1,450 --1,4506 HVAC 28,496.00 sf 1,450 1,450 HVAC 28,496.00 sf 1,450 1,450 Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total Labor 143 Material Subcontract 1,450 Equipment Other 1,593 1,593 General Liability Insurance 15 Performance Bond 12 Gross Receipts Tax Builders Risk 6 Construction Fee 81 Construction Contingency 114 1,707 Total 1,707 540 Change Order Agreement Project Name:Bozeman Library Customer:Martel Change Order Number:1 __________________________________________________________________________ Change Order Description:Move duct to accommodate range hood at the Bozeman Public Library.All labor,materials and equipment necessary to complete the above mentioned work will be provided by JB Mechanical and Controls,Inc.This quote is based on our interpretation of the work required. Material:$150 Labor:$1,300.00 Total:$1,450.00 __________________________________________________________________________ Original Contract Amount:$116,351.00 Revised Contract (prior changes):$116,351.00 Change Order Total:$1,450.00 New Contact Amount:$117,801.00 Revised Completion Date (if applicable):n/a JB Mechanical and Controls,Inc.agrees to furnish labor and materials in accordance with the above specifications at the price stated.The additional work is to be performed under the same terms and conditions as specified in the original contract,except for as stipulated in this agreement.The customer’s signature is in agreement to the revisions as noted above. ___________________________________________________________ Signature Date ____________________________________ Printed Name/Position 541 August 2, 2023 City of Bozeman PO Box 1230 Bozeman, MT 59715-5801 ATTN:Jon Henderson Martel COR # PROJECT:Bozeman Public Library SUBJECT:Acoustical Wall Paneling Jon, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the addendums. If we have misinterpreted this information in any way (omissions, etc.) please advise us prior to processing this quotation into a formal Change Order. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays. Our proposal is based on receipt of a signed Change Order within (25) calendar days. We are requesting an increase in the GMP to cover the increased cost of:9,309$ If you have any questions, please call me at (406) 223-9011 A signature below indicates the owner has accepted the change order and the work will proceed. Sincerely, Mike Daines-Project Manager 21 $8,582 542 Spreadsheet Report Page 1 Bozeman Public Library - 3.11.2022 8/7/2023 7:17 AM Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 01-0000 GENERAL REQUIREMENTS1 01-0110 Supervision2 General Conditions Labor (including all fringe and insurance) 1.00 hour 72 *-*-723 Supervision 72 72 01-0150 Project Management4 Project Manager 1.00 hr 67 --675 Project Management 67 67 GENERAL REQUIREMENTS 138 138 09-0000 FINISHES6 09-8400 Acoustical Wall Treatment7 Acoustical Wall Panels ls 2,365 5,505 ---7,8708 Acoustical Wall Treatment 28,496.00 sf 2,365 5,505 7,870 FINISHES 2,365 5,505 7,870 Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total Labor 2,503 Material 5,505 Subcontract Equipment Other 8,008 8,008 General Liability Insurance 76 Performance Bond 59 Gross Receipts Tax Builders Risk 31 Construction Fee 408 Construction Contingency 574 8,582 Total 8,582 543 PROJECT NEEDS Here is our solution. Bill To Ship To Martel Construction 1203 South Church Avenue 1203 South Church Avenue Bozeman, Montana 59715 Bozeman, Montana 59715 United States United States Expires On: Sep 2, 2023 Location Sales Rep: T1 Specifer Sales Rep: T1 Lead Time: Product Available in 4-6 Weeks Wall Panels Line Description Quantity Unit Price Line Amount 1 Solid Wall/Ceiling Panels Standard Solid Panels: 12mm 12mm Granite 110"H 48"W 1.0 $339.57 $339.57 2 Solid Wall/Ceiling Panels Standard Solid Panels: 12mm 12mm Pearl 110"H 48"W 1.0 $339.57 $339.57 3 Solid Wall/Ceiling Panels Standard Solid Panels: 12mm 12mm Pistachio 110"H 48"W 4.0 $339.57 $1,358.28 4 Solid Wall/Ceiling Panels Standard Solid Panels - 12mm 12mm Grey 110" H 48"W 5.0 $339.57 $1,697.85 200370- SQ-1045596- Bozeman Library- Aug 3, 2023 544 Design and Freight Line Description Quantity Unit Price Line Amount 5 Design and Engineering Review & Support 1.0 $79.46 $79.46 6 Freight and Shipping Charges, including Crating,1.0 $1,690.00 $1,690.00 Total Amount USD $5,504.73 200370- SQ-1045596- Bozeman Library- Aug 3, 2023 545 August 9, 2023 City of Bozeman PO Box 1230 Bozeman, MT 59715-5801 ATTN:Jon Henderson Martel COR # PROJECT:Bozeman Public Library SUBJECT:Montana Room Added Smoke Detectors Jon, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the addendums. If we have misinterpreted this information in any way (omissions, etc.) please advise us prior to processing this quotation into a formal Change Order. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays. Our proposal is based on receipt of a signed Change Order within (25) calendar days. We are requesting to use contractor contingency to cover the cost of:2,941$ If you have any questions, please call me at (406) 223-9011 A signature below indicates the owner has accepted the change order and the work will proceed. Sincerely, Mike Daines-Project Manager MARTEL CONSTRUCTION, INC. 22 546 Spreadsheet Report Page 1 Bozeman Public Library - 3.11.2022 8/9/2023 8:54 AM Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 01-0000 GENERAL REQUIREMENTS1 01-0110 Supervision2 General Conditions Labor (including all fringe and insurance) 2.00 hour 143 *-*-1433 Supervision 143 143 01-0150 Project Management4 Project Manager 1.00 hr 67 --675 Project Management 67 67 GENERAL REQUIREMENTS 210 210 26-0000 ELECTRICAL6 26-0500 Electrical7 Additional (2) smoke detectors 1.00 ls --2,534 --2,5348 Electrical 2,534 2,534 ELECTRICAL 2,534 2,534 Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total Labor 210 Material Subcontract 2,534 Equipment Other 2,744 2,744 General Liability Insurance 26 Performance Bond 20 Gross Receipts Tax Builders Risk 11 Construction Fee 140 Construction Contingency 197 2,941 Total 2,941 547 690 Jetway Dr. Unit A Belgrade, MT 59714 tel: 406-995-2849 June 14, 2023 Attention: Mike Daines Martel Construction Inc. 1203 S Church Ave. Bozeman, MT 59715 Project: Bozeman Public Library Remodel Reference: PCO#016 – Montana Room Added Smoke Detectors Dear Mr. Daines – For your consideration we are presenting our pricing for the added scope of work associated with adding (2) smoke detectors to the Montana Room, based on AHJ requirement. Total Price: $2,534 New Scope: - Installation of surface mounted conduit and setting boxes for smoke detector devices. - Free-Air cable installation through confined ceiling space. - Connection made at each new device and at head end. Clarifications: - Pricing is based on straight time work only. No shift work or overtime. Please do not hesitate to contact me with any questions or comments, or if you require additional information. Sincerely, Justin Patterson Project Engineer 548 ENCOREelectric Master Estimating System copyright©: ENCOREelectric, Inc., 2003, 2004, 2008, 2009, 2013 File:Misc. Estimate Sheet-2 Project:Bozeman Public Library Date Due:01/00/00 $230 20 $2,534 Sq. Ft.:0 Item Quantity Unit Per Extension Unit Per Extension Total Cost 3/4" EMT Exposed 70 211.95 C 148 9.90 C 6.93 $956 16/2 TW FPLP Fire Alarm Cable 100 538.56 M 54 16.50 M 1.65 $249 Outlet Box 4" Square, Devices, Ceiling Mounted 2 14.13 EA 28 0.58 EA 1.16 $163 Fire Alarm Smoke Detector 2 0.00 EA 0 1.65 EA 3.30 $374 Confined Space Confined Space Difficulty Factor 1 0.00 EA 0 7.00 EA 7.00 $792 $230 20.04 $2,534 Material 230 Sales Tax 0.00% 0 Subtotal Material 230 Labor Hours 20.04 Labor Rate $98.00 1,963 Subtotal Labor 1,963 Labor Cost Allocation 0.00% 0 General Conditions 0.00% 0 Housing and Per Diem 0.00% 0 Equipment 0 Subtotal 2,194 (Material, Labor, Indirects, Supervision, Small Tools, Equipment) Permit 0.00% 0 Bond 0.00% 0 Temporary Power & Lighting 0.00% 0 Misc.0 Misc.0 Misc.0 Subtotal 2,194 Overhead 10.00% 219 Subtotal 2,413 Profit 5.00% 121 Total $2,533.97 Cost/Square Foot $0.00 Material Labor Sub-Totals 6/14/2023 Page 1 9:09 AM 549 October 11, 2023 City of Bozeman PO Box 1230 Bozeman, MT 59715-5801 ATTN:Jon Henderson Martel COR # PROJECT:Bozeman Public Library SUBJECT:Lab 1 Sink Modifications Jon, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the addendums. If we have misinterpreted this information in any way (omissions, etc.) please advise us prior to processing this quotation into a formal Change Order. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays. Our proposal is based on receipt of a signed Change Order within (25) calendar days. We are requesting to use DESIGN CONTINGENCY to cover the increased cost of:50,780$ NOTE: The grease trap is 8-9 weeks out but we are working on an expedite. If you have any questions, please call me at (406) 223-9011 A signature below indicates the owner has accepted the change order and the work will proceed. Sincerely, Mike Daines-Project Manager MARTEL CONSTRUCTION, INC. 23 550 Spreadsheet Report Page 1 Bozeman Public Library - 3.11.2022 10/11/2023 12:41 PM Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 01-0000 GENERAL REQUIREMENTS1 01-0110 Supervision2 General Conditions Labor (including all fringe and insurance) 40.00 hour 2,862 *-*-2,8623 Supervision 2,862 2,862 01-0150 Project Management4 Project Manager 20.00 hr 1,333 --1,3335 Project Management 1,333 1,333 01-6200 Oil & Gasoline6 Oil & Gasoline 1.00 wk -563 ---5637 Oil & Gasoline 563 563 01-7100 Final Cleanup8 Final Cleanup 1.00 ls --200 --2009 Final Cleanup 200 200 GENERAL REQUIREMENTS 4,195 563 200 4,957 03-0000 CONCRETE10 03-3530 Grout Miscellaneous11 Saw cut holes for grease traps 1.00 ea --2,500 --2,50012 Grout Miscellaneous 2,500 2,500 CONCRETE 2,500 2,500 06-0000 WOOD & PLASTICS13 06-4120 Laminate-Clad Casework14 Casework Installation 1.00 ea 2,427 2,875 ---5,30215 Laminate-Clad Casework 2,427 2,875 5,302 06-4160 Countertops16 Extra Site Visit for Countertops 1.00 ea 595 --59517 Countertops 595 595 WOOD & PLASTICS 2,427 2,875 595 5,897 09-0000 FINISHES18 09-6000 Flooring Prep19 Floor Patching 1.00 ls --625 --62520 Flooring Prep 625 625 FINISHES 625 625 22-0000 PLUMBING21 22-4000 Plumbing Fixtures22 Plumbing Fixtures & Equipment 1.00 ea --32,744 --32,74423 Plumbing Fixtures 32,744 32,744 PLUMBING 32,744 32,744 27-0000 COMMUNICATIONS24 27-0500 Communications25 Audio/Visual, Electrical, Compusource Revisits hr --660 --66026 Communications 660 660 COMMUNICATIONS 660 660 Estimate Totals 551 Spreadsheet Report Page 2 Bozeman Public Library - 3.11.2022 10/11/2023 12:41 PM Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total Labor 6,621 Material 3,438 Subcontract 37,324 Equipment Other 47,383 47,383 General Liability Insurance 450 Performance Bond 349 Gross Receipts Tax Builders Risk 182 Construction Fee 2,416 Construction Contingency 3,397 50,780 Total 50,780 552 Apollo Mechanical 143 Totem View Drive Victor MT, 59875 Marshall Shaffer 406-596-2644 Marshall.Shaffer@apollomech.com Date:10/10/2023 Apollo Project Number:10154 To:Martel Construction Inc.Apollo Proposal Number:PCO-004 1203 S. Church Ave. Bozeman, MT 59715 Customer Reference:Bozeman Public Library Mike Daines Project:Bozeman Public Library Apollo is pleased to offer our proposal for the work described as follows: Total This Proposal:$32,743.42 Marshall Shaffer Project Manager This pricing includes the addition of the below fixtures in Lab 1: - 1 x Elkay Triple Basin Sink & Fixtures - 1 x SK-2 Sink (Fixtures used from previous sink) - 1 x SK-2 Sink and FIxtures - 2 x Floor Sinks - 1 x Grease Interceptor - 1 x Grease Interceptor Extension - Additional Insulation All piping to the nearest mains is included, Coring for floor sinks and grease interceptors are not included. Lab 1 Triple Basin & Equipment Add 553 Project:Bozeman Public Library Apollo PCO #PCO-004 SHEET METAL/HVAC # hours Rate Total PLUMBING/PIPE # hours Rate Total 0 $67.69 $0.00 0 $77.00 $0.00 0 $89.07 $0.00 0 $100.76 $0.00 $0.00 $0.00 0 $67.69 $0.00 97 $66.61 $6,461.17 0 $89.07 $0.00 0 $90.86 $0.00 0 $110.44 $0.00 0 $115.12 $0.00 $0.00 $6,461.17 0 $87.90 $0.00 $0.00 Total Shop Labor $0.00 Total Field Labor $6,461.17 Total Misc. Labor $0.00 $6,461.17 Hours Rate Project Manager 15 $95.00 $1,425.00 Dry Side Supervision 0.0 $77.51 $0.00 Wetside Supervision 16 $76.27 $1,233.01 $2,658.01 $18,153.36 $0.00 $0.00 Deliveries $0.00 $18,153.36 $27,272.54 $1,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,200.00 Rate Overhead and Profit Apollo Labor, Materials and Equipment 15.00%$4,090.88 Overhead and Profit Subcontracts 15.00%$180.00 $4,270.88 $32,743.42 $32,743.42 OVERHEAD/PROFIT/MARKUPS TOTAL OVERHEAD/PROFIT AND MARKUP TOTALS Subtotal GRAND TOTAL THIS PROPOSAL TOTAL SUBCONTRACTS TOTAL APOLLO MATERIALS, EQUIPMENT AND LABOR SUBCONTRACTS Hudson Bay Insulation Johnson Controls Inc. RGO Test and Balance Snowcrest Chemical Concrete Coring Total Materials and Equipment MATERIALS AND EQUIPMENT Materials Total Labor Supervision Equipment Total Labor Supervision Rentals Subtotal Field Labor Subtotal Shop Labor Subtotal Field Labor BIM/CAD Field Premium Time BREAKDOWN OF COSTS LABOR Subtotal Shop Labor Field Straight Time Shop Straight Time Shop Overtime Shop Overtime Subtotal Misc. Labor Shop Straight Time Field Straight Time Field Overtime Field Premium Time Field Overtime 554 Date 10/10/2023 Apollo PCO #PCO-004 Customer Ref.Bozeman Public Library Proposal Title Lab 1 Triple Basin & Equipment Add Description of work/Scope/Exclusions/Clarifications Schedule Change Days 0 Added PM Time 0 Delivery Charge - # of trips 0 EQUIPMENT SM SHOP ST SM SHOP OT SM SHOP PT SM FIELD ST SM FIELD OT SM FIELD PT PIPE SHOP ST PIPE SHOP OT PIPE SHOP PT PIPE FIELD ST PIPE FIELD OT PIPE FIELD PT CTRLS ST BIM ST CTRLS PT QTY UNIT PRICE TOTAL QTY RATE TOTAL TOTAL0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 10.0 0.0 0.0 0.0 0.0 0 1 2442 2442 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 6.0 0.0 0.0 0.0 0.0 0 1 1832 1832 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 1 1131.36 1131.36 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 6.0 0.0 0.0 0.0 0.0 0 1 266 266 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 12.0 0.0 0.0 0.0 0.0 0 1 9580 9580 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 63.0 0.0 0.0 0.0 0.0 0 1 2902 2902 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 00.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 0.0 0.0 0.0 0.0 0.0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 97.0 0.0 0.0 0.0 0.0 0.0 6.0 18153.4 18153.4 0.0 0.0 0.0 0.0 EQUIPMENT SM SHOP ST SM SHOP OT SM SHOP PT SM FIELD ST SM FIELD OT SM FIELD PT PIPE SHOP ST PIPE SHOP OT PIPE SHOP PT PIPE FIELD ST PIPE FIELD OT PIPE FIELD PT CTRLS ST BIM ST CTRLS PT QTY UNIT PRICE TOTAL QTY RATE TOTAL TOTAL Hudson Bay Insulation Johnson Controls Inc. RGO Test and Balance Snowcrest Chemical Concrete Coring CORES? BIM TO DATE? PROPOSAL INFORMATION MATERIALS This pricing includes the addition of the below fixtures in Lab 1: - 1 x Elkay Triple Basin Sink & Fixtures- 1 x SK-2 Sink (Fixtures used from previous sink) - 1 x SK-2 Sink and FIxtures - 2 x Floor Sinks - 1 x Grease Interceptor - 1 x Grease Interceptor Extension - Additional Insulation All piping to the nearest mains is included, Coring for floor sinks and grease interceptors are not included. Non-returnable Items ordered - Via Martel Direction - Single bowl ADA sink and Double bowl Sink Triple Basin Sink & Fixtures All Piping & Tie Ins Grease Interceptor and Cleanout RENTALSLABOR HOURS (Trade and Type - straight time, overtime, etc) Description 2 x 4" Floor Sink 2 x SK-2 Sink and 1 x Fixtures MATERIALS RENTALSLABOR HOURS (Trade and Type - straight time, overtime, etc) Totals $0.00 $0.00 $0.00 $0.00 SUBCONTRACTOR NAME/TRADE VALUE $1,200.00 $0.00 $0.00 SUBCONTRACTS 555 FERGUSON #3005 1130 WEST WASHINGTON PASCO, WA 99301 Phone: 509-545-2111 Fax: 509-545-4779 Deliver To:7418 From:Andrea Hamada Comments: HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids:https://survey.medallia.com/?bidsorder&fc=3005&on=193875 17:31:57 OCT 03 2023 FERGUSON ENTERPRISES #3007 Price Quotation Phone: 509-545-2111 Fax: 509-545-4779 Bid No:B886084 Bid Date:10/03/23 Quoted By:AMH Cust Phone:509-586-1104 Terms:NET 10TH PROX Customer:APOLLO SHEET METAL INC PO BOX 7287 KENNEWICK, WA 99336-0617 Ship To:APOLLO SHEET METAL INC PO BOX 7287 KENNEWICK, WA 99336-0617 Cust PO#:Job Name:10.3.23 Page 1 of 1 Item Description Quantity Net Price UM Total SP-ZZ11704003NHE20 Z1170-400-3NH-E20.00 3" NH CONNECT 1 9580.350 EA 9580.35LT = 8-9 WEEKSFULL FREIGHT ALLOWED Net Total:$9580.35Tax:$0.00Freight:$0.00 Total:$9580.35 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER. ARE NOT FIRM UNLESS NOTED OTHERWISE. https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Buyer shall accept delivery of products within 60 days of Seller receiving the products at Seller's warehouse. If Buyer causes or requests a delay in delivery of the products, Buyer may be subject to storage fees and additional costs caused by such delay. Seller reserves the right to requote the products and reschedule the delivery date, subject to manufacturer's lead times and price increases, if Buyer is unable to accept delivery within 60 days. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based uponLocal, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon theBuyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, oron the web at Govt Buyers: All items are open market unless noted otherwise. 556 557 1 Marshall Shaffer From:Andrew Smith <asmith@northwestpipe.com> Sent:Tuesday, September 26, 2023 12:37 PM To:Marshall Shaffer Subject:RE: Bozeman Public Library $595 + shipping I still have the (2) KOHLER K-22974-WB-VS CRUE FAUCET on hand for this project, which at this point probably are not returnable Thanks, Andrew Smith Northwest Pipe Fittings, Inc. 360 Floss Flats Rd. Belgrade, MT 59714 406-388-2045 From: Marshall Shaffer <Marshall.Shaffer@apollomech.com> Sent: Tuesday, September 26, 2023 12:32 PM To: Andrew Smith <asmith@northwestpipe.com> Subject: Bozeman Public Library Andrew, Could I get pricing on a Kohler Crue K-22973-VS faucet for the Bozeman Public library project? Sounds like they would like this faucet on their triple compartment sink. Thanks, Marshall Shaffer Project Engineer | Mobile: 406-596-2644 Apollo Mechanical Contractors Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Triple Basin Sink Faucet 558 1 Marshall Shaffer From:Andrew Smith <asmith@northwestpipe.com> Sent:Tuesday, August 29, 2023 11:17 AM To:Marshall Shaffer Subject:RE: Bozeman Library sink Elkay LTR46223 - $1529, 15 day lead me Thanks Andrew Smith Northwest Pipe Fittings, Inc. 360 Floss Flats Rd. Belgrade, MT 59714 406-388-2045 From: Marshall Shaffer <Marshall.Shaffer@apollomech.com> Sent: Tuesday, August 29, 2023 7:13 AM To: Andrew Smith <asmith@northwestpipe.com> Subject: RE: Bozeman Library sink Was waing on our GC to get back to me, could I get pricing on the Elkay LTR46223? h9ps://www.elkay.com/products/details/ltr46223 Thanks, Marshall Shaffer Project Engineer | Mobile: 406-596-2644 Apollo Mechanical Contractors From: Andrew Smith <asmith@northwestpipe.com> Sent: Friday, August 25, 2023 2:56 PM To: Marshall Shaffer <Marshall.Shaffer@apollomech.com> Subject: RE: Bozeman Library sink Also is there a parcular Elkay sink you would like pricing on? h9ps://www.elkay.com/products/category/sinks/room/kitchen?f=numberBowls:3 Thanks, Triple Basin Sink W/O Fixtures 559 Cost of Fixtures & SK-2 560 Non-Returnable Items Purchased 561 Non-Returnable Items Purchased 562 October 11, 2023 City of Bozeman PO Box 1230 Bozeman, MT 59715-5801 ATTN:Jon Henderson Martel COR # PROJECT:Bozeman Public Library SUBJECT:Miscellaneous Painting Jon, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the addendums. If we have misinterpreted this information in any way (omissions, etc.) please advise us prior to processing this quotation into a formal Change Order. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays. Our proposal is based on receipt of a signed Change Order within (25) calendar days. We are requesting to use CONTRACTOR CONTINGENCY to cover the cost of:9,525$ If you have any questions, please call me at (406) 223-9011 A signature below indicates the owner has accepted the change order and the work will proceed. Sincerely, Mike Daines-Project Manager MARTEL CONSTRUCTION, INC. 24 563 Spreadsheet Report Page 1 Bozeman Public Library - 3.11.2022 10/11/2023 10:33 AM Group Phase Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 01-0000 GENERAL REQUIREMENTS1 01-0150 Project Management2 Project Manager 2.00 hr 133 --1333 Project Management 133 133 GENERAL REQUIREMENTS 133 133 09-0000 FINISHES4 09-9100 Paint Finishes5 Miscellaneous Painting Items 1.00 ls --8,755 --8,7556 Paint Finishes 8,755 8,755 FINISHES 8,755 8,755 Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total Labor 133 Material Subcontract 8,755 Equipment Other 8,888 8,888 General Liability Insurance 84 Performance Bond 66 Gross Receipts Tax Builders Risk 34 Construction Fee 453 Construction Contingency 637 9,525 Total 9,525 564 Another Peters Painting Daniel G. Peters Address: 457 Violet Rd, Bozeman, MT. 59718 (Unless otherwise stated materials are included) Phone: 406.586.6952 - Cell: 406.579.2753 - Fed ID#84-3496818 E-mail: anotherpeterspainting@gmail.com Painting Invoice Invoice # Labor and Equipment Subtotal Labor $2,655.00 Materials Subtotal Materials $215.00 Total Amount Due to Another Peters Painting Another Peters Painting Interior Painting CO#1 0912231 We appreciate the work and look forward to working with you again on future projects. Please make checks payable to and mail to the above business address. Another Peters Painting Invoice Details Totals Thanks, Daniel Peters Owner/Client: Address: Phone: Work Phone: Email: Project Address: Date: Interior (Phase 1) Interior (Phase 2) Martel Construction 1203 S. Church, Bozeman, MT 59715 406-586-8585 Bozeman Public Library, Bozeman, MT 9/12/22 - Paint first floor "half walls" 2 coats - due to patching and base removal -2 coats match existing color - 9h @ $85.00/hour $765.00 - Paint electrical conduit to match red column - Touch up Column where wall was removed - 2h @ $85.00/hour $170.00 - Shop finish shelving brackets x30 3h @ $85.00/hour $255.00 - Touch up blue wall on mural - 1h @ $85.00/hour $85.00 - Stain and clear maple trim - 920l/ft @ $1.50 $1,380.00 Column Emerald UTE Satin Custom Match 1 $75.00 $20.00 Short Wall ProMar 200 Eggshell Napry 3 $40.00 $120.00 Brackets Pro Ind Acrylic Eggshell Custom Match 1 $60.00 $60.00 Mural Sample Satin Custom match 1qt $15.00 $15.00 mdaines@martelconstruction.com Surface Paint Type Paint Sheen Color Name Gallons Cost/Gallon Totals $2,870.00 If you liked your quality of work and over all experience please give us a review on Google or Facebook! 565 Another Peters Painting Daniel G. Peters Address: 457 Violet Rd, Bozeman, MT. 59718 (Unless otherwise stated materials are included) Phone: 406.586.6952 - Cell: 406.579.2753 - Fed ID#84-3496818 E-mail: anotherpeterspainting@gmail.com Painting Invoice Invoice # Labor and Equipment Subtotal Labor $3,485.00 Materials Subtotal Materials $45.00 Total Amount Due to Another Peters Painting Another Peters Painting Interior Painting CO#3 0927233 We appreciate the work and look forward to working with you again on future projects. Please make checks payable to and mail to the above business address. Another Peters Painting Invoice Details Totals Thanks, Daniel Peters Owner/Client: Address: Phone: Work Phone: Email: Project Address: Date: Interior (Phase 1) Interior (Phase 2) Interior/Exterior (Phase 2) Martel Construction 1203 S. Church, Bozeman, MT 59715 406-586-8585 Bozeman Public Library, Bozeman, MT 9/27/23 - Misc touch up due to trade damage/patches - upstairs offices and lower level niche (2 hour @ $85/hour)$170.00 - Misc. touch up due to trade damage/patches - repaint several walls - (22 hour @ $85/hour)$1,870.00 - Prep, prime and paint 2 coats of finish on - metal facia, metal conduit, storefront panels, HVAC - 15 hours @ $85.00/hour $1,275.00 - Shop finish T&G soffit material - 2 hours @ $85.00/hour $170.00 Wood SuperDeck Oil Stain n/a Custom Match 1 $45.00 $45.00 mdaines@martelconstruction.com Surface Paint Type Paint Sheen Color Name Gallons Cost/Gallon Totals $3,530.00 If you liked your quality of work and over all experience please give us a review on Google or Facebook! 566 Another Peters Painting Daniel G. Peters Address: 457 Violet Rd, Bozeman, MT. 59718 (Unless otherwise stated materials are included) Phone: 406.586.6952 - Cell: 406.579.2753 - Fed ID#84-3496818 E-mail: anotherpeterspainting@gmail.com Painting Invoice Invoice # Labor and Equipment Subtotal Labor $3,950.00 Materials Subtotal Materials $0.00 Total Amount Due to Another Peters Painting Another Peters Painting Interior Painting CO#4 0927234 We appreciate the work and look forward to working with you again on future projects. Please make checks payable to and mail to the above business address. Another Peters Painting Invoice Details Totals Thanks, Daniel Peters Owner/Client: Address: Phone: Work Phone: Email: Project Address: Date: Interior/Exterior (Phase 2) Martel Construction 1203 S. Church, Bozeman, MT 59715 406-586-8585 Bozeman Public Library, Bozeman, MT 9/27/23 - Patch and paint full downstairs SW Hallway - 1-2 caots as needed $3,200.00 - Prep and paint exterior North entrance railing - 2 coats - match color $750.00 included mdaines@martelconstruction.com Surface Paint Type Paint Sheen Color Name Gallons Cost/Gallon Totals $3,950.00 If you liked your quality of work and over all experience please give us a review on Google or Facebook! 567 January 12, 2024City of BozemanPO Box 1230Bozeman, MT 59715-5801 ATTN:Jon Henderson Martel COR #PROJECT:Bozeman Public Library SUBJECT:Punchlist Additions Jon, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the addendums. If we have misinterpreted this information in any way (omissions, etc.) please advise us prior to processing this quotation into a formal Change Order. Other wise, our interpretation shall stand as correct.We have not been directed to proceed with the work. At this time, we are hereby requesting 0calendar days for a time extension Please note this proposal is valid for 15 days. Approval beyond that date may result in additional costs or delays. Our proposal is based on receipt of a signed Change Order within (25) calendar days. We are requesting to use CONTRACTOR CONTINGENCY to cover the cost of:2,557$ If you have any questions, please call me at (406) 223-9011 A signature below indicates the owner has accepted the change order and the work will proceed. Sincerely, Mike Daines-Project ManagerMARTEL CONSTRUCTION, INC.25568 Spreadsheet ReportPage 1Bozeman Public Library - 3.11.20221/12/2024 9:38 AMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount01-0000GENERAL REQUIREMENTS101-0110Supervision2General Conditions Labor (including all fringe andinsurance)4.00hour286*-*-2863 Supervision28628601-0150Project Management4Cost Management Labor (including all fringe andinsurance)2.00hour133*-*-1335 Project Management133133 GENERAL REQUIREMENTS42042008-0000DOORS & WINDOWS608-7100Door Hardware7Community Room Door Closer1.00ls224898---1,1228 Door Hardware28,496.00sf2248981,122 DOORS & WINDOWS28,496.00sf2248981,12227-0000COMMUNICATIONS927-0500Communications10Compusource RJ45 Cable for lighting control1.00ls--501--50111 Communications28,496.00sf50150127-4000Sound & Video12Crestron Wallplate replacement1.00ls--342--34213 Sound & Video28,496.00sf342342 COMMUNICATIONS28,496.00sf843843Estimate TotalsDescriptionAmountTotalsHoursRateCost BasisCost per UnitPercent of TotalLabor644Material898Subcontract843EquipmentOther2,3852,385General Liability Insurance23Performance Bond17Gross Receipts Tax2Builders Risk9Construction Fee121Construction Contingency1722,557Total2,557569 Invoice Date 12/21/2023 Invoice # 55705 Bill To Martel Construction, Inc. 1203 S Church Ave. Bozeman, MT 59715 CompuSource, Inc. 411 East Birch St. Bozeman, MT 59715 P.O. No.Terms Net 30 Dept. Bozeman Public Libr... 4065871616 Total DescriptionQuantity Rate AmountPart No. labor Josh and Gabe tone out 3 cables, label and certified , pull one new Cat 6 IDF 2 B-07 from Cottonwood Room Terminated and certified 4.5 85.00 382.50 CAT 6 Genspeed 6000 Mid grade Plenum200 0.45 90.00 Panduit Cat 6 jack2 9.15 18.30 MISCELLANEOUS, labels, ties, Velcro...1 10.00 10.00 $500.80 570 Printed on November 03, 2023 Page 1 of 2 1220645 Change Order Proposal Number: 1220645 Prepared For: Martel Construction Inc. Attn: Tony Martel Prepared By: Mark Hunt Phone: (406)969-3336 Email: mark.hunt@avisystems.com Proposal Date: November 03, 2023 Replace Crestron Wallplate Project: Bozeman Public Library - AV Bid Updated July 2022 973639 Project Number: 973639 AVI Systems Inc. 2300 E 54th Street N, Suite 2, Sioux Falls, SD 57104 Phone: (605)782-4141 Fax: (605)782-4142 INVOICE TO SITE Attn: Tony Martel Martel Construction Inc. 1203 S. Church Ave Bozeman, MT 59715 Phone: (406)586-8585 Email: tmartel@martelconstruction.com Customer Number: MCI007 Attn: Travis Kabalin Bozeman Public Library 626 East Main Street Bozeman, MT 59715 Phone: Email: tkabalin@martelconstruction.com COMMENTS PRODUCTS AND SERVICES SUMMARY Equipment Integration $341.20 PRO Support $0.00 Shipping & Handling $0.00 Tax $0.00 Grand Total $341.20 PRODUCTS AND SERVICES DETAIL PRODUCTS: Model # Mfg Description Qty Price Extended Bozeman Public Library - CCO Crestron Wallplate Integration Materials $210.00 On Site Integration $131.20 Sub-Total: Bozeman Public Library - CCO Crestron Wallplate $341.20 Sub-Total: $0.00 Total: $341.20 571 572 GUARANTEED MAXIMUM PRICE AMENDMENT (GMP) NO. 6 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Article 4.5 of the Preconstruction Services Conditions Agreement between Owner and Construction Manager this amendment dated the 6th day of February 2024, between City of Bozeman (“Owner”) and Martel Construction, Inc. (“Contractor”) for the Bozeman Public Library, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth below: GUARANTEED MAXIMUM PRICE FOR BOZEMAN PUBLIC LIBRARY The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the Work and the Construction Manager’s Fee is as follows: Base Bid General Requirements $241,381.00 Existing Conditions $44,768.00 Concrete $16,468.00 Masonry $19,500.00 Steel $50,401.00 Wood & Plastics $561,232.00 Thermal & Moisture Protection $56,578.00 Doors & Windows $361,043.00 Finishes $641,039.00 Specialties $2,202.00 Equipment $28,033.00 Furnishings $43,927.00 Fire Suppression $43,288.00 Plumbing $100,415.00 HVAC $111,800.00 Electrical $963,059.00 Communications $39,929.00 Site Improvements $3,034.00 Site Specific Requirements $152,990.00 Audio/Visual $211,518.00 Base Bid Subtotal $3,692,605.00 General Liability Insurance $36,059.00 Gross Receipts Tax $3,859.00 Builders Risk $14,585.00 Bond $27,557.00 Construction Fee $192,657.00 573 Construction Contingency $60,417.00 Base Bid Total $335,134.00 Pre-Construction Services Total $21,560.00 TOTAL GUARANTEED MAXIMUM PRICE $4,049,299.00 CONTRACT TIME The date of Substantial Completion for the Work outlined above is: 12 months from Notice to Proceed OWNER: CONTRACTOR: City of Bozeman Martel Construction, Inc. 121 N. Rouse Ave. 1203 S. Church Ave. Bozeman, MT 59715 Bozeman, MT 59715 By:__________________________ By: __________________________ Jeff Mihelich, City Manager Travis Kabalin, Vice President 574 Memorandum REPORT TO:City Commission FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT: Continue Application 23059 Requesting Amendment of the City Zoning Map to Change the Zoning from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to B-2M (Community Business District-Mixed) on the Western Half of the Property and from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Eastern Half of the Property with Four Parcels Totaling 39.86 Acres. MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION: Approve Request to Continue Application 23059 to the March 5 th, 2024 City Commission Hearing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The application includes a proposal to rezone a lot approximately 39.86 acres in size into two different zone districts. The request includes amending the City Zoning Map to change the zoning from R-1 and R-2 to REMU on the eastern half of the property, and from R-1 and R-2 to B-2M on the western half of the property. Two different staff reports will be written to cover each proposed zone district. Accompanying the request to rezone to B-2M is a Growth Policy Amendment (GPA) (application 23063) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use to allow the B-2M portion of the western half of the property. The GPA application must be approved prior to approval of the zone map amendment to B-2M since the proposed zone district on the western half (B-2M) is not an allowed zone district in Urban Neighborhood. 575 Community Development Board Summary The Community Development Board, acting in their capacity as the Planning Board, held a public hearing on January 22, 2024 and considered the application to modify the City Zoning Map to change the zoning from R-1 and R-2 to B-2M on the western half of the property and REMU on the eastern half of the property. On the same night, this application was accompanied by a Growth Policy Amendment application (23063) to modify the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use which is required for the request to change the zoning on the western half to B-2M. The Community Development Board in their capacity as the Zoning Commission voted 6-1 to recommend approval of the requested amendment to the Future Land Use Map to the City Commission. The Community Development Board in their capacity as the Zoning Commission voted 5-2 to recommend approval of the requested B-2M zoning on the western half of the property, and voted 7-0 to recommend approval of the requested REMU zoning on the eastern half of the property. The application is currently scheduled for the February 6, 2024 City Commission hearing. Because there will only be three Commissioners at that meeting, the applicant is requesting to move the application to the March 5, 2024 City Commission meeting with a full quorum. UNRESOLVED ISSUES: None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Attachments: Continuance Letter (23059).pdf Report compiled on: January 29, 2024 576 577 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Continue the Public Hearing for the SRX North Growth Policy Amendment Requesting to Modify the Bozeman Community Plan 23020 Future Land Use Map from Urban Neighborhood to Community Commercial for property located between Arnold and Graf Streets and east of South 19th Avenue, Application 23063 to March 5, 2024 MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:I move to continue the public hearing for review of application 23063, the SRX North Growth Policy Amendment to March 5, 2024. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The city received an application to modify the Bozeman Community Plan 2020 Future Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The request stems from the associated application to rezone the subject property from lower density residential to B-2M (Community Commercial Mixed), see application 23059. The B-2M zoning district is not an implementing district for the Urban Neighborhood future land use designation and therefore, must be changed before the property can be zoned B-2M. If the governing body does not approve the Growth Policy Amendment application, the rezoning application is moot. No change to the text or the plan is proposed. The Community Development Board reviewed the growth policy amendment and associated zone map amendment for the proposed B-2M zone on January 22, 2024. Although the Board recommended approval the vote was not unanimous. The Applicant learned two Commissioners will not be attending the February 6 meeting and decided that they would prefer to continue the hearing date to allow the full Commission to consider the applications. Therefore, at the applicant’s request, a continuance is requested. 578 UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:None Attachments: 23063 SRX North GPA Contiuance request.pdf Report compiled on: January 29, 2024 579 580 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator SUBJECT:Public Hearing for two Low Income Housing Tax Credit (LIHTC) projects, Midtown Aspen Apartments and Aspen 8 Residences, applying for real property tax exemption from the Montana Department of Revenue MEETING DATE:February 6, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Public Hearing for two Low Income Housing Tax Credit (LIHTC) projects, Midtown Aspen Apartments and Aspen 8 Residences, applying for real property tax exemption from the Montana Department of Revenue STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Applications have been submitted to the Montana Board of Housing for federal tax credits financing two Low Income Housing Tax Credit (LIHTC) projects. The applicants intend to apply to the Montana Department of Revenue for a determination that the projects be exempt from taxation pursuant to Montana Code Annotated (MCA) Section 15-6-221. As required, prior to applying, the Bozeman City Commission, as an agency of local government where the project is located, must give notice and hold a public hearing to solicit comment on whether the proposed projects meet a community housing need. The applicants, in partnership with Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation specializing in preservation and development of affordable housing, are proposing to construct two projects consisting of low-income multifamily rental housing complexes and certain other components and amenities, to be located in Bozeman, Montana. The two LIHTC projects are Midtown Aspen Apartments and Aspen 8 Residences. Midtown Aspen Apartments, located at 706 North 7th Avenue, will contain 46 rent- and income-restricted units, affordable to families with incomes at or below 50-60% of the area median income (AMI). The project will include Energy Star appliances, open living and kitchen areas, on-site parking, bike storage, and common open space. The applicant has obtained a 9% low- 581 income housing tax credit allocation from the Montana Board of Housing and will be obtaining bond financing and a 4% tac credit allocation to rehabilitate and preserve the affordability of the property, and are planning to apply for the exemption from real property taxes available to qualifying LIHTC projects under 15-6-221, MCA. Aspen 8 Residences, located at 816 N. 8th Avenue is a mixed-use, mixed- income residential and commercial new construction project. The project will contain 155 rent- and income-restricted units that will be affordable to families with household incomes at or below 60% AMI. The first two floors of the planned 7-story building will consist of retail space, amenity space, and a parking garage. This project also includes the development of public infrastructure and will extend Aspen and Juniper Street onto North 8th Avenue. The applicants are seeking bond financing and a 4% LIHTC allocation from Montana Housing to acquire, rehabilitate and preserve the affordability of the property, and are planning to apply for the exemption from real property taxes. As part of the application process for low-income housing tax credit, and pursuant to the statutory requirements for this exemption, there must be an opportunity for the public to comment on whether this low-income rental housing project meets a community housing need. No vote or action on behalf of the City Commission is required in relation to this opportunity for public comment. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None. Attachments: Project description Midtown Apsen 01.16.24.pdf Project description Aspen 8 01.16.24.pdf Notice of Public Hearing - Midtown 8th 01.12.24.pdf Notice of Public Hearing - Midtown Aspen 01.16.24.pdf Report compiled on: January 23, 2024 582 2809 Great Northern Loop, Suite 100 Missoula, Montana 59808 Telephone (406) 721-8896 • Fax (406) 541-8037 • bjorlaw@bjornsonlaw.com January 16, 2024 RE: Midtown Aspen Apartments (Family) Bozeman, Montana To All Interested Persons: Midtown Aspen 4 LLLP, a Montana limited liability limited partnership, and Midtown Aspen 9 LLLP, a Montana limited liability limited partnership, a partnership between Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation specializing in preservation and development of affordable housing, through its wholly owned and solely controlled single member limited liability company, and Boundary Development LLC, are planning to develop real property at 706 North 7th Avenue in Bozeman, MT, for the construction of a low-income multifamily rental housing complex. The project will be known as the Midtown Aspen Apartments, and will contain 46 rent- and income-restricted units, affordable to families with incomes at or below 50-60% of area median income. The project will include Energy Star appliances, open living and kitchen areas, on-site parking, bike storage, and common open space. Please see the attached project summary for additional project information. The parties have obtained a 9% low-income housing tax credit allocation from the Montana Board of Housing and will be obtaining bond financing and a 4% low-income housing tax credit allocation from the Montana Board of Housing to rehabilitate and preserve the affordability of the property, and are planning to apply for the exemption from real property taxes available to qualifying low-income housing tax credit projects under Montana Code Annotated Section 15-6-221. As part of the application process for low-income housing tax credits, and pursuant to the statutory requirements for this exemption, there must be an opportunity to comment on whether this low-income rental housing project meets a community housing need. No vote or action on behalf of the local agency is required in relation to this opportunity for public comment. Do not hesitate to contact me if you have any questions or if you need any further information. Thank you. Very Truly Yours, BJORNSON JONES MUNGAS, PLLC Kassy J. Buss 406-721-8896 kassy@bjornsonlaw.com 583 PROJECT INFORMATION 7th and Aspen - 4% PROJECT IDENTIFICATION Project Name Site Address City County Zip Code CHIEF ELECTED OFFICIAL OF POLITICAL JURISDICTION IN WHICH PROJECT IS LOCATED Name and Title Organization Mailing Address City State Zip Telephone # Email PROVIDE A SHORT PROJECT DESCRIPTION. LIST ALL KEY COMPONENTS LEGAL DESCRIPTION OF THE PROPERTY Are there any environmental issues related to the property? 0.5 # of Acres Yes X No If "yes" explain in detail in the Environmental tab. SITE CONTROL STATUS (Check one) X Owned Optioned Expiration Date Leased Expiration Date Other (Explain) PROVIDE A COPY OF PROOF OF OWNERSHIP, OPTION, PURCHASE CONTRACT, OR LONG-TERM LEASE AGREEMENT. 7th and Aspen - 4% 706 North 7th Avenue Bozeman Gallatin Mayor Cyndy Andrus 59715 121 N Rouse Ave, Not available Boundary Development and HRDC (together “Developer”) have formed a partnership to develop 46 units of affordable family housing at 7th and Aspen in Bozeman, MT. The units will range in size from 1 to 3 bedrooms and will be offered at rents restricted to 50 – 60% of Average Median Income. Our proposed Project will have a meaningful impact in the area and provide housing for 46 individuals or families with essentially no viable housing options currently. The Project will include 46 units in total, and will be divided into two separate condominiums (a “4% Parcel” and “9% Parcel”) and will be financed using both 4% and 9% tax credits as well as tax exempt bonds (on the 4% Parcel only). We have included applications for both Parcels. The 9% parcel includes 23 units and the 4% parcel includes 23 units. The units will include Energy Star appliances, open living and kitchen areas and great light and views. The building will include on-site parking, bike storage and common open space. Our design will incorporate sustainability principles NORTH 7TH ADD, S01, T02 S, R05 E, BLOCK 1, Lot 4A, PLAT E-21-D City of Bozeman 406-582-2383 Bozeman, MT 59715 584 Project Name: 7th and Aspen - 4% ZONING STATUS (Please provide letter of proof of zoning status, and identify any relevant zoning ordinances and restrictive covenants.) UTILITIES Are utilities available and of the appropriate size for the site?X YES* NO** *If yes, attach letter of verification from independent source. **If no, provide an explanation on the line below, including dates when adequate facilities will be available. PROJECT CLASSIFICATION, TYPE, ACTIVITY AND ANTICIPATED FUNDING SOURCES: Classification (mark one) Project Activity (mark all that apply) Single Family (1-4 units) New Construction X Multi-Family (5 or more units)X *Acquisition (see below) Rehabilitation Type of Project (mark all that apply)Administration Rental X Homebuyer Assistance Homeownership Infrastructure Family X Community Revitalization Elderly 55+ or 62+ Other (specify) Group Home/Shelter Other (specify) Funding Sources (mark all to which you are applying) (Refer to each program 's guidelines to assure activity(s) marked above is eligible for proposed funding source) Montana Department of Commerce: Community Development Block Grant (CDBG) Home Investment Partnerships Program (HOME) Housing Trust Fund (HTF) Board of Housing (BOH) Low Income Housing Tax Credit Program X Multifamily Risk Sharing Program Multifamily General Obligation Program USDA Rural Development (RD): Housing Preservation Grants Rural Rental Housing 515 Program Sec. 538 - Guaranteed Rural Rental Housing Program Community Facilities Loan and Grant Programs *If your project is acquisition, are any persons currently living on the site?YES NO *If your project is an acquisition, will the proposed project activity result in a change in use of existing housing units?YES NO *If you answered "yes" to either of the questions above, do you have an Anti-displacement and Relocation Assistance plan?YES NO B-2M zoning, the project is as-of-right. Zoning letter included. 585 Project Name: 7th and Aspen - 4% TYPE OF UNITS # OF UNITS Single Family Homes Apartments 23 Other Other TOTAL UNITS 23 PROJECT USES Will support services be provided to tenants? Yes X No If "Yes", are they included in the rent? Yes No Describe Services: 1 # of residential building that may also have supportive services and/or common area # of supportive service buildings only # of common area buildings only # of commercial buildings 1 TOTAL NUMBER OF BUILDINGS Number of Floors in the Tallest Building Elevator (Y or N) N Square Footage # of Units Market Units Commercial Space Sub Total 15,272 23 Low Income Units Common Space (mgrs unit) Supportive Services 3,818 Common Space (other) 19,090 23 Sub Total 19,090 23 Total 100% 100%Low Income Percentage Percentage = (low income units / (low income units + market units + commercial space)) PROJECT BENEFICIARIES (# of units serving) 0% - 20% of the Area Median Income (AMI) 21% - 30% of the Area Median Income (AMI) 31% - 40% of the Area Median Income (AMI) 41% - 50% of the Area Median Income (AMI) 23 51% - 60% of the Area Median Income (AMI) 61% - 70% of the Area Median Income (AMI) 71% - 80% of the Area Median Income (AMI) 81% - 100% of the Area Median Income (AMI) mkt rate incomes 23 Total Units 586 Project Name: 7th and Aspen - 4% UNITS ACCESSIBILITY Unit Size 0-bedroom 4 1-bedroom 10 2-bedroom 6 3-bedroom 3 4-bedroom (Specify) (Specify) TOTALS 23 #DIV/0! Project will meet the following standard(s): (check funding program for requirements) Accessibility/Visitability Requirements Fair Housing Design and Construction x 504 Accessibility RENTAL ASSISTANCE Does the project have project-based rental assistance? YES*X NO * If yes list RA program used: # units 10 504 Units Other: 3 TOTALS Meets Fair Housing Accessibility Number of Units Standard Units 4 23 100.0%4 Sensory Disability Adaptable Units Physical Disability % of Total Units 6 587 Project Name: 7th and Aspen - 4% IMPLEMENTATION SCHEDULE Anticipated Date Completion Completed ( month / year ) ( month / year ) Financing Construction Loan Commitment Construction Loan Closing Low Income Housing Tax Credits Application Award Reservation Agreement Carryover 10% Cost Certification 8609 Submission Oct-25 Grant Commitments (list grants separately) 1. 2. 3. Contract Execution for HOME/CDBG Funding Closing (bonds, lender, investor etc.) Ground Breaking Permanent Loan Commitment Permanent Loan Closing Other Other Project Start-up * Site Acquisition Zoning Infrastructure Available Environmental Review Advertise Architect / Engineer Design Completion Advertise for Construction Bids Construction Bid Award Building Permits Marketing Other Other Project Activities * Pre-Construction Conference Issue Notice to Proceed Begin Construction Complete Construction Final Inspection/Issue Certificate of Occupancy Audit Marketing Prequalification Activities Homebuyer Workshops Rehabilitation Begin Temp Relocation NA Household Qualification Closeout Grand Opening Other Other * Verify with funding sources when a Project Start-up or Activity may begin. Programs may have restrictions or requirements that need to be met first. Jul-24 NA Nov-23 NA NA Jul-25 Jul-25 Aug-25 Apr-25 NA May-23 Apr-24 Jun-24 Apr-25 May-23 Jan-23 Jan-23 Available Oct-25 Jul-23 Jul-24 Jul-24 Jul-25 May-25 May-25 NA NA Jun-24 As of right Jun-24 Jul-23Jul-23 Jun-24 Oct-23 NA Aug-23 Jul-24 Jul-24 Jul-25 Jul-23 588 2809 Great Northern Loop, Suite 100 Missoula, Montana 59808 Telephone (406) 721-8896 • Fax (406) 541-8037 • bjorlaw@bjornsonlaw.com January 16, 2024 RE: Aspen 8 Residences Bozeman, Montana To All Interested Persons: Midtown 8 Affordable LLLP, a Montana limited liability limited partnership, a partnership that will include Midtown 8th, LLC, and Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation specializing in preservation and development of affordable housing, through their affiliates or wholly owned and solely controlled single member limited liability companies, are planning to acquire certain interests in real property located at 816 N. 8th Avenue in Bozeman, MT, for the construction of a mixed-use, mixed income residential and commercial new construction project to be known as known as Aspen 8 Residences. The project will contain 115 rent- and income-restricted units that will be affordable to families with incomes at or below 60% of the area median income. The first two floors of the planned 7- story building will consist of retail space, amenity space, and a parking garage. This project also includes the development of public infrastructure and will extend Aspen and Juniper Streets onto North 8th Avenue. Please see the attached project summary for additional project information. The parties are seeking bond financing and a 4% low-income housing tax credit allocation from the Montana Board of Housing to acquire, rehabilitate and preserve the affordability of the property, and are planning to apply for the exemption from real property taxes available to qualifying low-income housing tax credit projects under Montana Code Annotated Section 15-6-221. As part of the application process for low-income housing tax credits, and pursuant to the statutory requirements for this exemption, there must be an opportunity to comment on whether this low-income rental housing project meets a community housing need. No vote or action on behalf of the local agency is required in relation to this opportunity for public comment. Do not hesitate to contact me if you have any questions or if you need any further information. Thank you. Very Truly Yours, BJORNSON JONES MUNGAS, PLLC Kassy J. Buss 406-721-8896 kassy@bjornsonlaw.com Attachment 589 Project Summary Aspen 8 Residences - Bozeman, Montana Name: Aspen 8 Residences City: Bozeman County: Gallatin Owner/Developer: Midtown 8th LLC, Starman Development Management Company: Connect Property Management LLC Non-Profit Partner: Human Resource Development Council of District IX, Inc., Bozeman, Montana Set-aside: 40% of eligible units at 60% AMI Project Description: Midtown 8th LLC is excited to announce Aspen 8, a mixed-use, mixed-income 288-unit residential and commercial new construction project located in Bozeman’s Midtown Urban Renewal District (MURD) west of North 7th Ave. Executive Summary: The project site was acquired by the partnership In August 2023 and is currently vacant and generally bound by North 8th Avenue, Aspen, and Juniper Streets. This infill project targets a best use scenario for the site by delivering higher density, smart-growth development with for-rent workforce and affordable housing near the core of Midtown. This project will provide much needed housing in a central location and will foster desirable, walkable urban living, especially as Midtown continues to evolve. The total proposed development will include a 7-story building totaling ~240,000sf. The first two floors will consist of retail space, amenity space, and a parking garage. Floors 3 through 7 will consist of approximately 288 for-rent units, of which 40 percent will be affordable, offered for rent at 60% AMI. The residential unit mix will solely consist of 1-bedroom apartments, a solution targeted towards Bozeman’s growing and under-served workforce. The various portions of the project will be separated into three (3) condominium units to separate the rent and income restricted units from the commercial and market rate portions of the development, and there will be 115 residential units offered at 60% of the area-median income. This project also includes the development of public infrastructure and will extend Aspen and Juniper streets onto North 8th Avenue. The commercial space will front onto Aspen Street, providing an active and engaging streetscape. Project Financing: Midtown 8th is seeking a 4% tax credit award to construct this project. In addition to tax credit equity, the project will be funded with a variety of sources including a construction loan (supported by a forward commitment for a Freddie Mac Tax Exempt Permanent Loan), Bozeman Tax Increment Financing (TIF), a deferred developer fee, and developer equity. Furthermore, the site is located in a Qualified Census Tract (QCT) Zone and is therefore eligible for a 130% Basis Boost. The parties also intend to qualify the project for a property tax exemption on the portion of the project consisting of eligible low-income housing tax credit units. Sponsor Overview: The partners are experienced real estate developers who have constructed similar mixed-use affordable housing In New York City utilizing similar financing structures. In addition, the team Includes Human Resource Development Council of District IX, Inc., a non-profit corporation based in Bozeman, Montana, and Community Action Agency (CAA) dedicated to strengthening community and advancing the quality of people’s lives in southwest Montana. Lastly, the property will be managed locally by Connect Property Management, an experienced property manager with over 1,000 properties in its portfolio. 590 Attention Legal Ads Notice of Public Hearing Midtown 8th LLC, in partnership with Human Resource Development Council of District IX, Inc., a Montana non-profit corporation specializing in preservation and development of affordable housing, hereby notifies all interested persons of Bozeman, Montana, that we are proposing to construct a project consisting of a low-income multifamily rental housing complex and certain other components and amenities, to be located at the following address in Bozeman, Montana: Project Name Address Number of low-income units Aspen 8 Residences 816 N. 8th Avenue 115 rent- and income-restricted units Bozeman, MT 59715 An application will be submitted to the Montana Board of Housing for federal tax credits financing for the low-income portion of the project. The above entity intends to apply to the Montana Department of Revenue for a determination that all or a part of the above project is exempt from taxation pursuant to 15-6-221, MCA. As required, prior to applying, the Bozeman City Commission, as an agency of local government where the project is located, must give notice and hold a public hearing to solicit comment on whether the proposed project meets a community housing need. On February 6, 2024, at 6:00 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Aspen 8 Residences project in relation to community housing needs. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings.” You are encouraged to attend and comment. You are also encouraged to submit comments regarding the need for affordable multi-family rental housing in your area to the Montana Board of Housing, PO Box 200528, Helena, MT 59620-0528 or FAX (406) 841-2841. Comments will be accepted until 5:00 PM on October 1, 2024. DO NOT PUBLISH BELOW THIS LINE: *Run advertisement twice, with an interval of at least 14 days between publication dates* Publication dates: [DATE] 591 Attention Legal Ads Notice of Public Hearing Midtown 4 Aspen LLLP, and Midtown 9 Aspen LLLP, in partnership with Human Resource Development Council of District IX, Inc., a Montana non-profit corporation specializing in preservation and development of affordable housing, hereby notifies all interested persons of Bozeman, Montana, that we are proposing to construct the following low-income multifamily rental housing development located at the following address in Bozeman, Montana. Project Name Address Number of units Midtown Aspen Apartments 706 North 7th Avenue 46 Bozeman, MT 59715 An application has been submitted to the Montana Board of Housing for federal tax credits financing for the low-income portion of the project. The above entity intends to apply to the Montana Department of Revenue for a determination that all or a part of the above project is exempt from taxation pursuant to 15-6-221, MCA. As required, prior to applying, the Bozeman City Commission, as an agency of local government where the project is located, must give notice and hold a public hearing to solicit comment on whether the proposed project meets a community housing need. On February 6, 2024, at 6:00 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Aspen 8 Residences project in relation to community housing needs. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings.” You are encouraged to attend and comment. You are also encouraged to submit comments regarding the need for affordable multi-family rental housing in your area to the Montana Board of Housing, PO Box 200528, Helena, MT 59620-0528 or FAX (406) 841-2841. DO NOT PUBLISH BELOW THIS LINE: *Run advertisement twice, with an interval of at least 14 days between publication dates* Publication dates: [DATE] 592 JOINT APPLICATION FOR PROPOSED WORK IN MONTANA’S STREAMS, WETLANDS, FLOODPLAINS & OTHER WATER BODIES This is a standardized application to apply for one or all local, state, or federal permits listed below. • Refer to instructions to determine which permits apply and submit a signed application to each applicable agency. • Incomplete applications will result in the delay of the application process. • The applicant is responsible for obtaining all necessary permits and landowner permission before beginning work. • Other laws may apply. PERMIT AGENCY FILL OUT SECTIONS FEE 310 Permit Local Conservation District A - E and G Inquire locally x SPA 124 Permit Department of Fish, Wildlife and Parks A - E and G No fee x 318 Authorization 401 Certification Department of Environmental Quality A - E and G $250 (318); $400 - $20,000 (401) Navigable Rivers Land Use License, Lease, or Easement Department of Natural Resources and Conservation, Trust Lands Management Division A - E and G $50, plus additional fee x Section 404 Permit, Section 10 Permit U. S. Army Corps of Engineers (USACE) A - G F1-8 Varies ($0 - $100) x Floodplain Permit Local Floodplain Administrator A - G Varies by city/county ($25 - $500+) A. APPLICANT INFORMATION APPLICANT NAME (person responsible for project): City of Bozeman, Griffin Nielsen PE, Engineering/Utilities Department Has the landowner consented to this project? ☒ Yes ☐ No Mailing Address: P.O. Box 1230, Bozeman, MT 59771 Physical Address: 20 East Olive Street, Bozeman, MT 59715 Cellphone:406-582-2279 Home Phone: 406-595-1598 E-Mail:gnielsen@bozeman.net LANDOWNER NAME (if different from applicant): Vertex Holdings LLC Mailing Address: 402 E Main St STE 3, Bozeman, MT 59715 Physical Address: E Mendenhall St, Bozeman, MT 59715 Cellphone: 406-223-6198 Home Phone: N/A E-Mail: N/A CONTRACTOR/COMPANY NAME (if applicable): Morrison Maierle, Inc. PRIMARY CONTACT NAME: Christine Pearcy, Environmental Scientist Physical Address: 2880 Technology Blvd West, Bozeman, MT 59718 Cellphone:406-581-6543 Home Phone:406-922-6846 E-Mail:cpearcy@m-m.net Revised: 5/12/2021 310 Form 270 and Instructions may be downloaded from: http://dnrc.mt.gov/licenses-and-permits/stream-permitting CD/AGENCY USE ONLY Application # Click to enter text. Date Received Date Date Accepted Date Initials Initials Date FW: to FWP Date This space is for all Department of Transportation and SPA 124 permits (government projects). Project Name Click to enter text. Control Number Click to enter text. Contract Letting Date Date MEPA/NEPA Compliance ☐Yes ☐No If yes, #C5 of this application does not apply. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 358593 B. PROJECT SITE INFORMATION 1. NAME OF STREAM or WATER BODY at project location Bozeman Creek Project Address/Location: City ROW near Mendenhall St. Nearest Town Bozeman County: Gallatin Geocode: N/A Choose.1/4 of the Choose. 1/4 of, Section 07 Township 02S, Range 06E Latitude 45°40'47.90"N Longitude111° 1'58.00"W Refer to section B1 in the instructions. 2. Is the proposed activity within SAGE GROUSE areas designated as general, connected, or core habitat? Yes ☐ No ☒ Attach consultation letter if required. Refer to section B2 in the instructions. 3. Is this a STATE NAVIGABLE WATERWAY? The state owns beds of certain navigable waterways. Yes ☐ No☒ If yes, send a copy of this application to the appropriate DNRC land office. Refer to section B3 in the instructions. 4. WHAT IS THE CURRENT CONDITION of the proposed project site? Describe the existing bank condition, bank slope, height, nearby structures, and wetlands. What vegetation is present? Refer to section B4 in the instructions. The project location is an urban stream corridor that has very little in-tact natural qualities. The streambank of Bozeman Creek is fairly steep with a 1:1 or greater slope. The banks are armored with large cobbles (6-18”) that have been fashioned into a rudimentary retaining wall. The creek bottom contains a mixture of cobbles, trash, debris, and fallen branches from the nearby vegetation. The vegetation community is primarily composed of dispersed trees, grasses and weeds. There are no wetlands within or adjacent to the proposed project location. At the project location, each side of the creek is hemmed in by parking lots. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 359594 C. PROPOSED PROJECT OR ACTIVITY INFORMATION 1. TYPE OF PROJECT (check all that apply) Refer to section C1 in the instructions. ☐ Agricultural and Irrigation Projects: Diversions, Headgates, Flumes, Riparian fencing, Ditches, etc. ☐ Buildings/Structures: Accessory Structures, Manufactured Homes, Residential or Commercial Buildings, etc. ☐ Channel/Bank Projects: Stabilization, Restoration, Alteration, Dredging, Fish Habitat, Vegetation or Tree Removal, or any other work that modifies existing channels or banks. ☐ Crossings/Roads: Bridge, Culvert, Fords, Road Work, Temporary Access, or any project that crosses over or under a stream or channel. ☐ Mining Projects: All mining related activity, including; Placer Mining, Aggregate Mining, etc. ☐ Recreation related Projects: Boat Ramps, Docks, Marinas, etc. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 360595 ☒ Other Projects: Cistern, Debris Removal, Excavation/Pit/Pond, Placement of Fill, drilling or directional boring, Utilities, Wetland Alteration. Other project type not listed here: Well and discharge piping 2. IS THIS APPLICATION FOR an annual maintenance permit? ☐ Yes ☒ No (If yes attach annual plan of operation to this application) – Refer to section C2 in the instructions. 3. WHY IS THIS PROJECT NECESSARY? STATE THE PURPOSE OR GOAL of the proposed project. Refer to section C3 in the instructions. An existing well is located at the City’s Fire Station #1. The proposed well in the City’s ROW on Bozeman Creek between Main Street and Mendenhall Street will produce similar yields and discharges. However, the new well location is necessary to increase water temperatures in the creek during colder months and prevent freezing and flooding of the creek. 4. PROVIDE A BRIEF DESCRIPTION of the proposed project plan and how it will be accomplished. Refer to section C4 in the instructions. Drill an 8-inch, 300 foot deep well screened with a stainless-steel vee-wire screen. Install new power/service controls for the well in coordination with Northwestern Energy. Install a 4” discharge pipe and gate valve between well and creek bank. Drill cuttings and water will be settled, filtered, and discharged according to meet City standards. Well will be operated during low-flow cooler months to prevent ice jams and flooding on Bozeman Creek. 5. WHAT OTHER ALTERNATIVES were considered to accomplish the stated purpose of the project? Why was the proposed alternative selected? Refer to section C5 in the instructions. Alternative 1: Do nothing – Do not replace well from Firehouse #1. This would increase ice formation in Bozeman Creek, causing potential flooding issues upstream and downstream of the project location. Alternative 2: Well in different location – Other locations weren’t as feasible. The selected location was the most suitable location as an easement was negotiated between the property owner and the City. 6. NATURAL RESOURCE BENEFITS OR POTENTIAL IMPACTS. Please complete the information below to the best of your ability. * Explain any temporary or permanent changes in erosion, sedimentation, turbidity, or increases of potential contaminants. What will be done to minimize those impacts? There will be no changes to the creek or its banks. The existing cobble-armored banks will prevent erosion from the well discharge effluent. The streambank will be returned to its pre-construction condition. • Will the project cause temporary or permanent impacts to fish and/or aquatic habitat? What will be done to protect the fisheries? The current flood risk on Bozeman Creek in this location would negatively impact aquatic habitat. The new well discharge effluent will not change water quality and therefore there will not be negative impacts to any species. Well cuttings and drill water will be settled, tested, and discharged in an appropriate location to not negatively impact water quality. • What will be done to minimize temporary or permanent impacts to the floodplain, wetlands, or riparian habitat? . The stream channel has nearly vertical walls at the project location and the work will not permanently alter the channel cross-section or roughness, meaning there will be no impact to the floodplain. The project location is in an urbanized stream corridor where a retaining wall has been constructed to contain the stream bank. Little riparian habitat exists, and no wetlands are located in or around the proposed project area. A floodplain permit is attached to this application. • What efforts will be made to decrease flooding potential upstream and downstream of project? This project will decrease flooding potential upstream and downstream of the project location due to the benefits to the prevention of ice formation. Construction activities will not contribute to flood risk. • Explain potential temporary or permanent changes to the water flow or to the bed and banks of the waterbody. What will be done to minimize those changes? The bed will not be disturbed during or post-construction. The banks will be returned to their pre-construction condition. Water flow will not be impacted by construction activities. • How will existing vegetation be protected and its removal minimized? Explain how the site will be revegetated. Include weed control plans. There is minimal vegetation along the stream banks of Bozeman Creek, as the proposed project is located in an urbanized stream corridor. Sparse vegetation exists at the top of the banks. Vegetation removal will be limited to approximately two trees for well access. D. CONSTRUCTION DETAILS DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 361596 1. PROPOSED CONSTRUCTION DATES. Include a project timeline. Start date 12/1/2023 Finish date 1/1/2024 How long will it take to complete the project? Approximately 1 Month Is any portion of the work already completed? ☐ Yes ☒ No (If yes, describe previously completed work.) Refer to section D1 in the instructions. Click here to enter text. 2. PROJECT DIMENSIONS. Describe length and width of the project. Refer to section D2 in the instructions. An easement was established with the property owner that is approximately 694 SF in area, adjacent to Bozeman Creek near the alley between Main Street and Mendenhall Street. The drill and pipe trucks will each utilize approximately 480 SF near the easement. The discharge pipe work will be minimal inside the City’s ROW for Bozeman Creek. 3. EQUIPMENT. List all equipment that will be used for this project. How will the equipment be used on the bank and/or in the water? Note: All equipment used in the water must be clean, drained and dry. Refer to section D3 in the instructions. Well drill, support truck (pipe), and other standard construction equipment including but not limited to excavators, loaders, and dump trucks. Will equipment from out of state be used? YES ☐ NO ☒ UNKNOWN ☐ Will the equipment cross west over the continental divide to the project site? YES ☐ NO ☒ UNKNOWN ☐ Will equipment enter the Flathead Basin? YES ☐ NO ☒ UNKNOWN ☐ 4. MATERIALS. Provide the total quantity and source of materials proposed to be used or removed. Note: This may be modified during the permitting process therefore it is recommended you do not purchase materials until all permits are issued. List soil/fill type, cubic yards and source, culvert size, rip-rap size, any other materials to be used or removed on the project. Refer to section D4 in the instructions. Cubic yards/Linear feet Size and Type Source ~3 cubic yards suitable backfill material Existing site materials ~3 cubic yards Pipe bedding material Local supplier E. REQUIRED ATTACHMENTS 1. PLANS AND/OR DRAWINGS of the proposed project. Include: • Plan/Aerial view • an elevation or cross section view • dimensions of the project (height, width, depth in feet) • location of storage or stockpile materials dimensions and location of fill or excavation sites • drainage facilities • location of existing/proposed structures, such as buildings, utilities, roads, or bridges • an arrow indicating north • Site photos See attached: ELECTRICAL PLAN DRAFT, WELL PLAN AND DETAILS, Downtown Ice Wells Map 2. ATTACH A VICINITY MAP OR A SKETCH which includes: The water body where the project is located, roads, tributaries, other landmarks. Place an “X” on the project location. Provide written directions to the site. This is a plan view (looking at the project from above).Please find the following figures attached: Figure 1: Vicinity Map Figure 2: Topographic Map Figure 3: Aerial Map Figure 4: USDA NRCS Soils Map Figure 5: National Wetland Inventory Map DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 362597 Directions to project site: From the intersection of Main Street and N Rouse Avenue, head North. Turn West at the alleyway between Main Street and Mendenhall Street. The project is located northwest of the bridge in the alley. 3. ATTACH ANNUAL PLAN OF OPERATION if requesting a Maintenance 310 Permit. N/A 4. ATTACH AQUATIC RESOURCE MAP. Document the location and boundary of all waters of the U.S. in the project vicinity, including wetlands and other special aquatic sites. Show the location of the ordinary high-water mark of streams or waterbodies. if requesting a Section 404 or Section 10 Permit. Ordinary high-water mark delineation included on plan or drawings and/or a separate wetland delineation. Wetlands do not exist within the project area. The Ordinary High Water Mark (OHWM) of Bozeman Creek was delineated. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 363598 F. ADDITIONAL INFORMATION FOR U.S. ARMY CORPS OF ENGINEERS (USACE) SECTION 404, SECTION 10 AND FLOODPLAIN PERMITS. Section F should only be filled out by those needing Section 404, Section 10, and/or Floodplain permits. Applicants applying for Section 404 and/or Section 10 permits complete F 1- 8. Applicants applying for Floodplain permits, complete all of Section F. Refer to section F in the instructions. FOR QUESTIONS RELATING TO SECTION F, QUESTIONS 1-8 PLEASE CONTACT THE USACE BY TELEPHONE AT 406-441-1375 OR BY E-MAIL MONTANA.REG@USACE.ARMY.MIL. 1. Identify the specific Nationwide Permit(s) that you want to use to authorize the proposed activity. Refer to section F1 in the instructions. Nationwide Permit #7, Outfall Structures and Associated Intake Structures. 2. Provide the quantity of materials proposed to be used in waters of the United States. What is the length and width (or square footage or acreage) of impacts that are occurring within waters of the United States? How many cubic yards of fill material will be placed below the ordinary high-water mark, in a wetland, stream, or other waters of the United States? Note: Delineations are required of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Refer to section F2 in the instructions. Roughly 15 linear feet of stream length will be disturbed to facilitate the excavation and backfill of the well discharge pipe. The construction work will be performed from above the ordinary high water mark with equipment excavating and pulling existing materials away from the creek. After the pipe is in place the existing roughly 6-foot tall rudimentary retaining wall will be repaired with a wall constructed of non-erodible materials and backfilled by hand with engineered structural fill. The wall repair will be positioned to replicate the existing wall alignment, so no new fill or materials will be placed below the ordinary high water mark. 3. How will the proposed project avoid or minimize impacts to waters of the United States? Attach additional sheets if necessary. Refer to section F3 in the instructions. Construction will be performed from above the ordinary high water mark in the parking lot to the East of the creek. Fill will not be placed within the bed and banks and construction equipment will not enter the bed and banks. After the well discharge pipe is completed the existing roughly 6-foot tall rudimentary retaining wall will be repaired with a wall constructed of non-erodible materials and backfilled by hand with engineered structural fill. 4. Will the project impact greater than 0.10-acre of wetland and/or more than 300 linear feet of stream or other waters? If yes, describe how the applicant is going to compensate (mitigation bank, in-lieu fee program, or permittee responsible) for these unavoidable impacts to waters of the United States. Refer to section F4 in the instructions. No wetlands will be impacted, and less than 300 linear feet of stream will be impacted and therefore compensatory mitigation is not required. 5. Is the activity proposed within any component of the National Wild and Scenic River System, or a river that has been officially designated by Congress as a “study river”? Refer to section F5 in the instructions. ☐ Yes ☒ No 6. Does this activity require permission from the USACE because it will alter or temporarily or permanently occupy or use a USACE authorized civil works project? (Examples include USACE owned levees, Fort Peck Dam, and others)? Refer to section F6 in the instructions. ☐ Yes ☒ No 7. List the ENDANGERED AND THREATENED SPECIES and CRITICAL HABITAT(s) that might be present in the project location. Refer to section F7 in the instructions. According to the USFWS IPaC program, the following species have the potential to exist within Gallatin County: Canada lynx, grizzly bear, wolverine and monarch butterfly. Given the project location adjacent to busy roads, businesses, and personal residences, the proposed project activities will have no impact on these species. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 364599 8. List any HISTORIC PROPERTY(S) that are listed, determined to be eligible or are potentially eligible (over 50 years old) for listing on the National Register of Historic Places.” Refer to section F8 in the instructions. See attached SHPO documentation. 9. List all applicable local, state, and federal permits and indicate whether they were issued, waived, denied, or pending. Note: All required local, state, and federal permits, or proof of waiver must be issued prior to the issuance of a floodplain permit. Refer to section F9 in the instructions. Section 404 – Pending SPA 124 – Pending 318 Authorization – Pending Gallatin County Floodplain Permit - Pending 10. List the NAMES AND ADDRESSES OF LANDOWNERS adjacent to the project site. This includes properties adjacent to and across from the project site. (Some floodplain communities require certified adjoining landowner lists). Vertex Holdings LLC; E Mendenhall St, Bozeman, MT 59715 Petersen Holdings LLC; E Mendenhall St, Bozeman, MT 59715 Sabol Renee T; 234 E Mendenhall St, Bozeman, MT 59715 Two Sisters Holding Company LLC; 303 E Main St, Bozeman, MT 59715 Bocar Family Holdings Limited Partnership; 311 E Main St, Bozeman, MT 59715 11. Floodplain Map Number 30031C0816E Refer to section F11 in the instructions. 12. Does this project comply with local planning or zoning regulations? Refer to section F12 in the instructions. ☒ Yes ☐ No DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 365600 G. SIGNATURES/AUTHORIZATIONS Some agencies require original signatures. After completing the form, make the required number of copies and then sign each copy. Send the copies with original signatures and additional information required directly to each applicable agency. The statements contained in this application are true and correct. The applicant possess’ the authority to undertake the work described herein or is acting as the duly authorized agent of the landowner. The applicant understands that the granting of a permit does not include landowner permission to access land or construct a project. Inspections of the project site after notice by inspection authorities are hereby authorized. Refer to section G in the instructions. APPLICANT (Person responsible for project): LANDOWNER: Print Name: Print Name: The City of Bozeman ______________________________________ ______________________________________ Signature of Applicant Date Signature of Landowner Date *CONTRACTOR’S PRIMARY CONTACT (if applicable): Print Name: Click here to enter name. ________________________________________ Signature of Contractor/Agent Date *Contact agency to determine if contractor signature is required. DocuSign Envelope ID: C2B67660-A1CF-4CC4-9E18-B192408FCDCE 10/3/2023 366601