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HomeMy WebLinkAboutSpecs - 2024 SVE - jcPROJECT SPECIFICATIONS STORY MILL ROAD LANDFILL, BOZEMAN MONTANA2024 SOIL VAPOR EXTRACTION EXTENSION BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00100 00200 Invitation to Bid Instructions to Bidders Nondiscrimination and Equal Pay Affirmations EJCDC C-942 Field OrderEJCDC C-625 Certificate of Substantial CompletionWork Change DirectiveChange Order FormOrder to Contractor to Suspend Work Order to Contractor to Resume Work Notice to ProceedMontana Prevailing Wages 00300 Bid Form EJCDC C-460 Bond Bond00500 Agreement Form EJCDC C-610 Performance Bond EJCDC C-615 Payment Bond EJCDC C-700 Standard General Conditions of the Construction Contract 00810 Supplementary Conditions to the General Conditions DIVISION 1 - GENERAL REQUIREMENTS 01010 01029 01030 01041 01050 01052 01095 01300 01310 01410 01500 01570 01620 01630 01700 0171001750 Summary of Work Measurement and Payment Special Instructions Coordination (MPWSS) Field Engineering Layout of Work and Surveys Definitions and Standards Submittals Construction Work Plan and Schedule Quality Assurance Testing, Quality Control Testing Temporary Facilities and Controls (MPWSS) Traffic Control (MPWSS) Transportation, Handling, and Storage Product Options and Substitutions Contract Close-Out (MPWSS) Final Cleaning Startup and System Testing (MPWSS) - Montana Public Works Standard Specifications PROJECT SPECIFICATIONS STORY MILL ROAD LANDFILL, BOZEMAN MONTANA2024 SOIL VAPOR EXTRACTION EXTENSION DMSION 15 -MECHANICAL AND PLUMBING 15010 15050 15066 15100 15200 15800 15900 General Piping Specifications Flex Connectors Stainless Steel Pipe, Tube, and Fittings High Density Polyethylene Piping PVC Piping Valves Pressure Testing of Pipe ii (MPWSS) - Montana Public Works Standard Specifications DIVISION 2 - SITE WORK 02221 Trench Excavation and Backfill for Pipelines and Appurtenant Structures (MPWSS) DIVISION 3 - CONCRETECONCRETE 03210 Reinforcing Steel BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 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: 2024 SVE Extension The City of Bozeman will receive online electronic sealed Bids for Construction of the 2024 SVE Extension Project until 3:00 p.m. (local time) on March 6, 2024, and then publicly opened and read aloud. Project Description: Installation of seven Soil Vapor Extraction (SVE) wells and wellheads and providing and installing buried piping for transmission of SVE gas to the existing gas handling system. 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 vBid online bidding, for the submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number (eBidDoc #8968563). Plans may be downloaded for a non-refundable charge of $22.00. Bidders will be charged an additional fee of $20.00 to submit a bid electronically. Contact QuestCDN Customer Support at 952-233-1632 or info@questcdn.com for assistance in membership registration, downloading digital project information and vBid online bid submittal. There will be a Pre-Bid Conference at 3:00 p.m. on February 28, 2024. Interested CONTRACTORS are encouraged to attend and should email Cody Flammond at cflammond@bozeman.net for a meeting invitation. 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 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. INVITATION TO BID Page 2 of 2 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. BIDDERS should email Cody Flammond at cflammond@bozeman.net for a meeting invitation to the 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 XXXth day of XXXXXX 2024. Mike Maas, Bozeman City Clerk Published Legal Ad, Bozeman, Montana Sunday, February 11, 2024 Sunday, February 18, 2024 Sunday, February 25, 2024 Section 00200 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00200 INSTRUCTIONS TO BIDDERS 1. BIDS a. The Bid Form included within the Bidding Documents is for reference only. The City of Bozeman will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. QuestCDN may be located using the link in the left-hand navigation menu on the City of Bozeman’s Bids\RFPs\RFQs page or at www.bozeman.net/QuestCDN. The specific project can be found by referencing the eBidDoc number provided above. (eBidDoc #8968563) Bid documents are available for download for a non-refundable charge of twenty- two dollars ($22). Bidders will be charged an additional fee of twenty dollars ($20) to submit a bid electronically. For electronic bids, scans of required electronic bid documents will be accepted. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the bid being submitted may be rejected as irregular. b. A bid shall be submitted no later than the date and time prescribed and as indicated in the Invitation to Bid and shall be submitted online through QuestCDN. The bid shall include the name and address of the Bidder and shall be accompanied by the Bid Security, Nondiscrimination Affirmation Form, and other required documents. c. Contract Documents may be viewed at the following locations: City of Bozeman 20 East Olive Bozeman, MT 59771 Phone: (406) 582-2200 2. BID SECURITY The Bid must be accompanied by a Bid Security which shall not be less than 10 percent of the amount of the bid. At the option of the Bidder, the security may be in the form of a cashier's check, certified check, bank money order, or bank draft drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana or Bid Bond (EJCDC C-430) executed by a surety corporation authorized to do business in the State of Montana. No bid will be considered unless it is accompanied by the required guaranty. Cashier's checks, certified checks, bank money orders, or bank drafts must be made payable to the City of Bozeman. The Bid Security shall insure the execution of the Agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contract Documents. Should the Bidder fail to furnish the properly executed Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and signed Agreement within the time specified, he/she shall forfeit this Bid Security to the Owner. The Bid Security (negotiable instruments other than bonds) will be returned to un- successful Bidders when the successful Bidder has signed the Agreement and furnished satisfactory Performance and Labor and Material Payment Bonds. At the option of the Owner, bid security with bids that are not competitive may be returned prior to signature of the Agreement. Section 00200 INSTRUCTIONS TO BIDDERS Page 2 of 9 Revised Bids submitted before the opening of bids, if representing an increase in the original bid, must have the Bid Security adjusted accordingly; otherwise, the bid will not be accepted. If the Bidder elects to furnish a Bid Bond, he shall use the Bid Bond form (EJCDC C-430) bound herewith. 3.SUBSTITUTE AND “OR-EQUAL” ITEMS The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is indicated in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 4.INTERPRETATIONS AND/OR ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda emailed to all parties recorded by QuestCDN as having downloaded the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It shall be the responsibility of the Bidder to download such Addenda prior to submitting his online bid. 5.EXAMINATION OF CONTRACT DOCUMENTS AND CONDITIONS OF WORK SITE a.It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 1.Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to construction and labor and should fully inform himself as to the facilities involved, and the difficulties and restrictions attending the performance of the Contract. In submitting a bid for this project, the Bidder is thereby acknowledging that he is capable of performing the specified work on the site. The Bidder should thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents, and shall verify the accuracy of the estimated quantities in the Bid Proposal. Failure to do so will not relieve the successful Bidder of his obligations to carry out the provisions of this Contract. 2.The submission of a Bid will constitute a representation of familiarization by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. Section 00200 INSTRUCTIONS TO BIDDERS Page 3 of 9 b. The Contractor may refer to the following for information regarding site conditions: 1. Those reports, if any, of explorations and tests of subsurface conditions at the site which have been prepared by the Owner and are included as part of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon the completeness thereof for the purposes of bidding or construction. 2. Those drawings of physical conditions in or relating to the existing surface and subsurface conditions which are at or contiguous to the site (except Underground Facilities) which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. c. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. f. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. h. The submission of a Bid will constitute representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are Section 00200 INSTRUCTIONS TO BIDDERS Page 4 of 9 sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 7. OPENING OF BIDS At the time for the opening of bids, the Owner will cause to be opened and publicly read aloud every bid received within the time set for receiving Bids, irrespective of any irregularities therein, except bids that do not contain either the bid bond or non-discrimination affirmation, which will not be read. Bidders and other persons properly interested may be present, in person or by representative. BIDDERS must email Cody Flammond at cflammond@bozeman.net for a meeting invitation to the bid opening. 8. WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance with the foregoing conditions shall be returned promptly. No bids shall be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. 9. METHOD OF AWARD a. Award of the contract shall be to the lowest “responsible” Bidder whose total base bid (if within the funds available) is the lowest “responsible” bid for the work. b. If such lowest bid exceeds the budget, the Owner may reject all bids. c. The Owner reserves the right to reject any or all bids or to waive any irregularity or informality in any bid received. The Owner reserves the right to determine what constitutes material and/or immaterial informalities and/or irregularities. d. The Owner shall award such contract to the lowest “responsible” bidder (18-1-102 MCA). The term “responsible” does not refer to pecuniary ability only, or the ability to tender sufficient performance and payment bonds. The term “responsible” includes, but is not limited to: 1. Having adequate financial resources to perform the contract or the ability to obtain them; 2. Being able to comply with the required delivery, duration, and performance schedule; 3. Having a satisfactory record of integrity and business ethics; Section 00200 INSTRUCTIONS TO BIDDERS Page 5 of 9 4.Having the necessary production, construction, technical equipment, and facilities, and; 5.Having the technical skill, ability, capacity, integrity, performance, experience, lack of claims and disputes, lack of actions on bonds, lack of mediations, arbitrations and/or lawsuits related to construction work or performance, and such like. e.Unless otherwise stated in the Special Provisions, all contracts will be awarded in conformance with the laws of the State of Montana. Pursuant to Section 18-1-102, Montana Code Annotated, the Owner, in awarding public contracts for construction, repair, and public works of all kinds, shall award such contract to the lowest responsible Bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of any non-resident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country. f.The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified and responsible to carry out the obligations of the Agreement and to complete the Work contemplated therein. 10.PRE-AWARD CONFERENCE The Bidder submitting what appears to be the lowest “responsible” bid may be required to meet with the Engineer prior to the award of the contract for the purpose of discussing pertinent details pertaining to the proposed Work. The following points will be considered in particular: a.The Contractor's organization and equipment available for work and the Contractor's proposed sources of materials or installed equipment. b.Contractor's financial status and capability to execute the contract. c.The Contractor's proposed schedule of operations. d.The interpretation of the Specifications. e.The Contractor's proposed wage rates for use on the project. f.Bidder status concerning “responsibility”. g.Approval of subcontractors. h.Unbalanced bids, either in excess or below the reasonable cost analysis value. Should the conference indicate that the Contractor does not appear to be in a position to properly undertake the Work or that he has not properly familiarized himself with the Plans and Specifications, the Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder. Section 00200 INSTRUCTIONS TO BIDDERS Page 6 of 9 11. EXECUTION OF AGREEMENT a. Subsequent to the award and within 10 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument. b. The Agreement form shall be signed in longhand by the proper representatives of the contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm. 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign. 4. Other persons signing for a single-owner firm or a partnership shall attach a Power of Attorney evidencing his authority to sign for that firm. c. The Owner within 30 days of receipt of acceptable Performance Bond, Labor and Material Payment Bond, required Insurance Certificates, and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may by written notice withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner. 12. PERFORMANCE, LABOR AND MATERIAL PAYMENT BONDS AND INSURANCE a. The Owner will require the successful Contractor to furnish a Performance Bond (EJCDC C-610) in the amount of 100 percent of the contract price as security for the faithful performance of his Contract. b. The Owner will require the successful Contractor to furnish a Labor and Material Payment Bond (EJCDC C-615) in the amount of 100 percent of the contract price as security for the payment of all persons performing labor and furnishing materials in connection therewith. c. The bonds will be signed by the Attorney-in-fact and countersigned by a Montana Resident Agent. d. Prior to beginning work, Insurance Certificates as proof of insurance coverage shall be filed with the Owner. The specifications for the Workers' Compensation, Commercial General Liability, Separate Owner's and Contractor's Protective Policy, and other related insurance are listed in these Contract Documents. Section 00200 INSTRUCTIONS TO BIDDERS Page 7 of 9 13.POWER OF ATTORNEY a.Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. b.One original shall be furnished with each set of bonds. c.Additional copies furnished with a set of bonds may be copies of that original. 14.LABOR AND WAGES a.For public projects in excess of $25,000 let, the Contractor(s) shall pay the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable in the county or locality in which the work is being performed (18-2-403, Montana Code Annotated). b.On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States Department of Transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor’s workers performing labor on the project are bona fide Montana residents, as defined in 18-2-401, (18-2-409, MCA). c.Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402, Montana Code Annotated. A copy of the wage rates is bound herein. It is the Contractor’s responsibility to classify their workers in accordance with the craft of trade to be performed and pay the appropriate established prevailing wage rate. d.The Contractor shall classify all workers on the project in accordance with the Department of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates, the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, Wage and Hour Unit, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that particular worker. e.Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract. f.Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and employers who are performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages and fringe benefits to be paid to employees on such site or work area. g.Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. Section 00200 INSTRUCTIONS TO BIDDERS Page 8 of 9 h.Any notice of infraction of the labor laws of the State of Montana received by the Owner or Engineer will be forwarded to the State of Montana, Department of Labor and Industry, Wage and Hour Unit, Helena, Montana. i.Safety Training. Contractor shall comply with the Occupational Safety and Health Act (OSHA). 15.EQUAL EMPLOYMENT OPPORTUNITY Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, national origin, sex, marital status, age, or political ideas. The Owner is an equal opportunity employer. 16.MONTANA CONTRACTOR'S TAX (GROSS RECEIPTS TAX) All Bidders are reminded that a Gross Receipts Tax in the amount of 1 percent of the total bid will be withheld from all payments, for projects over $5,000.00, due to Contractor pursuant to Section 15-50-205, MCA. 17.PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or in the development of the project. Such records will contain the name and address of each employee, his correct classification, rates of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, the Contractor will submit weekly a copy of all payrolls to the Owner and Engineer. The copy shall be accompanied by a certification signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Montana Department of Labor and Industry, and that the classifications set forth for each laborer or mechanic conform with the work he performed. The prime Contractor will make the record required under the labor standards clause of the Contract available for inspection by authorized representatives of the Owner and the Montana Department of Labor and Industry and will permit such representatives to interview employees during working hours on the job. Payroll reports and certificates of compliance shall be submitted to the Owner and Engineer prior to or with each Payment Request. The copies sent to the Owner and Engineer are for archive purposes only, because neither the Owner or Engineer are trained in the interpretation of payroll reports, and thus will rely on the Contractor’s certification that all employees are being classified and paid appropriately. 18.MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. Section 00200 INSTRUCTIONS TO BIDDERS Page 9 of 9 19. NOTICE TO PROCEED The Notice to Proceed will normally be issued within 30 days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual written agreement between the Owner and Contractor. 20. CONTRACT TIME The Contract Time will be as set forth in the Special Provisions. 21. LIQUIDATED DAMAGES Liquidated damages will be as set forth in the Special Provisions. 22. MONTANA CONTRACTOR’S REGISTRATION Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to execution of the contract. 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 Work Change Directive No. _____ Date of Issuance: _____________________ Effective Date: _____________________ Project: Owner: City of Bozeman Owner’s Contract #: Contract: Date of Contract: Contractor: Engineer’s Project #: You are directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Nonagreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Other: Estimated change in Contract Price and Contract Times: Contract Price $___________________ (increase/decrease) Contract Time ___________(increase/decrease) If the change involves an increase, the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date: Authorized by Owner: Date: Accepted for Contractor by: Date: Approved by Funding Agency (if applicable): Date: Page 1 of 2 O:\A-G\Bozeman City of\114-710326H - 2022-2023 GW & METHANE BOZ LF\05-Deliverables\Draft\LFG_UST pipelines\specs\16-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. Page 2 of 2 O:\A-G\Bozeman City of\114-710326H - 2022-2023 GW & METHANE BOZ LF\05-Deliverables\Draft\LFG_UST pipelines\specs\16-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. Order to Contractor to Suspend Work – Page 1 of 1 O:\A-G\Bozeman City of\114-710326H - 2022-2023 GW & METHANE BOZ LF\05-Deliverables\Draft\LFG_UST pipelines\specs\17- suspend_wrk.doc 11/9/22 ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on . You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: Order to Contractor to Resume Work – Page 1 of 1 ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: City of Bozeman Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated , directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are 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: EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice to Proceed Date: _________________ Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: __________________________________ [add other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2024 Effective: January 13, 2024 Greg Gianforte, Governor State of Montana Sarah Swanson, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at erd.dli.mt.gov/labor-standards or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59620-1503 Phone 406-444-6543 The department welcomes questions, comments, and suggestions from the public. In addition, we’ll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at erd.dli.mt.gov/labor-standards or by contacting the department at (406) 444-6543. In addition, this publication provides general information concerning compliance with Montana’s Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at erd.dli.mt.gov/labor-standards or contact the department at (406) 444-6543. SARAH SWANSON Commissioner Department of Labor and Industry State of Montana 2 TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: WAGE RATES: A.Date of Publication ……………………………………………………………………………………………………………………………………………….……. 3 B.Definition of Heavy Construction …………………………………………………………………………………………………………………..…............. 3 C.Definition of Public Works Contract ………………………………………………………………………………………………………………………….... 3 D.Prevailing Wage Schedule ……………………………………………………………………………………………………………………………….………… 3 E.Rates to Use for Projects ………………………………………………………………………………………………………………………………..…………… 3 F.Wage Rate Adjustments for Multiyear Contracts ……………………………………………………………………………………………….………… 3 G.Fringe Benefits ……………………………………………………………………………………………………………………………………………………………. 4 H.Dispatch City ………………………………………………………………………………………………………………………………………………………….……. 4 I.Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4 J.Computing Travel Benefits ……………………………………………………………………………………………………………….………………………… 4 K.Per Diem …………………………………………………………………………………………………………………………………………………………………….. 4 L.Apprentices ………………………………………………………………………………………………………………………………………..……………………….. 4 M.Posting Notice of Prevailing Wages ……………………………………………………………………………………………………………………………. 5 N.Employment Preference …………………………………………………………………………………………………………….…………………………....... 5 O.Projects of a Mixed Nature ............................................................................................................................................................ 5 P.Occupations Definitions Website ................................................................................................................................................... 5 Q.Welder Rates ……………………………………………………………………………………………………………………………………………………………. 5 R.Foreman Rates …………………………………………………………………………………………………………………………………………………..……. 5 S Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants ……………..… 5 BOILERMAKERS ……………………………………………………………………………………………………………………………………………..………………….. 6 BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………….......................................... 6 CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………………………………………… 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………….............................................. 7 OPERATORS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 7 OPERATORS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 5 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 6 ………………………………………………………………………………………………………………………………………………….. 8 OPERATORS GROUP 7 ………………………………………………………………………………………………………………………………………………….. 9 CONSTRUCTION LABORERS LABORERS GROUP 1 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 2 ………………………………………………………………………………………………………………………………………………….. 9 LABORERS GROUP 3 ………………………………………………………………………………………………………………………………………………….. 10 LABORERS GROUP 4 ………………………………………………………………………………………………………………………………………………….. 10 DIVERS ………………………………………………………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ……………………………………………………………………………………………………………………………………………………………….. 11 ELECTRICIANS …………………………………………......................................................................................................................................... 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) ………………………………………………………………............................ 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS …………………………………………………………………………………. 12 LINE CONSTRUCTION EQUIPMENT OPERATORS …………………………………………………………………………………..........…………………………………………………. 12 GROUNDMAN ………………………………………………………………………………………………...........……………………………………………………….. 12 LINEMAN ……………………………………………………………………………………………...........………………………………………………………………….. 12 MILLWRIGHTS …………………………………………………………………………………………………………………………………………………………………….. 13 PAINTERS ……………………………………………………………………………..............….......................................................................................... 13 PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS …………………………………………………………………………………………………………… 13 SPRINKLERFITTERS …………………………………………………………………………………………………………………............................................... 14 TRUCK DRIVERS ..................................................................................................................................................................................... 14 3 A. Date of January 13, 2024 B. Definition of Heavy Construction The Administrative Rules of Montana (ARM), 24.17.501(4) – (4)(a), states “Heavy construction projects include, but are not limited to, those projects that are not properly classified as either ‘building construction’, or ‘highway construction.’ Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop-in units – not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells.” C. Definition of Public Works Contract Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000...”. D. Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwagehourbopa.com or by contacting the department at (406) 444-6543. E. Rates to Use for Projects ARM, 24.17.127(1)(c), states “The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised.” F. Wage Rate Adjustments for Multiyear Contracts Section 18-2-417, MCA states: “(1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract. (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.” 4 G. Fringe Benefits Section 18-2-412, MCA states: “(1) To fulfill the obligation...a contractor or subcontractor may: (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U. S. department of labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. department of labor.” Fringe benefits are paid for all hours worked (straight time and overtime hours). However, fringe benefits are not to be considered a part of the hourly rate of pay for calculating overtime, unless there is a collectively bargained agreement in effect that specifies otherwise. H. Dispatch City ARM, 24.17.103(11), defines dispatch city as “...the courthouse in the city from the following list which is closest to the center of the job: Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula and Sidney.” I. Zone Pay Zone pay is not travel pay. ARM, 24.17.103(24), defines zone pay as “...an amount added to the base pay; the combined sum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job.” See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM, 24.17.103(22), states “ ‘Travel pay,’ also referred to as ‘travel allowance,’ is and must be paid for travel both to and from the job site, except those with special provisions listed under the classification. The rate is determined by measuring the road miles one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closer, to the center of the job.” See section H above for a list of dispatch cities. K. Per Diem ARM, 24.17.103(19), states “ ‘Per diem’ typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer.” L. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2), MCA states, “…The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.” Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 5 M. Posting Notice of Prevailing Wages Section 18-2-406, MCA, provides that contractors, subcontractors, and employers who are “…performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” N. Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-408, MCA states: “(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” P.Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bls.gov/oes/current/oes_stru.htm Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R.Foreman Rates Rates are no longer set for foremen. However, if a foreman performs journey level work, the foreman must be paid at least the journey level rate. S. Proper Classification for Pipefitter and Laborer/Pipelayer Work on Water and Waste Water Treatment Plants The proper classification for the following work is Pipefitter, when it is performed inside a building structure or performed at a location which will later be inside of a building: Joining steel pipe larger than 12 inches in diameter with bolted flange connections that has been pre-fabricated off site and does not require any modification such as cutting, grinding, welding, or other fabrication in order to be installed. All other work previously classified as pipefitter remains in that classification. The proper classification for that work when it is at a location that will always be outside a building is Pipelayer, which is under the Laborer Group 3 classification. 6 WAGE RATES BOILERMAKERS Wage Benefit $35.30 $30.94 Duties Include: Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, pressure vessels and penstocks. Bulk storage tanks and bolted steel tanks. Travel and Per Diem: No travel or per diem established. ↑ Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit $32.32 $16.78 Travel: 0-70 mi. free zone >70-90 mi. $60.00/day >90 mi. $80.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit $34.50 $14.07 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS No Rate Established Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. ↑ Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $30.76 $14.40 This group includes but is not limited to: Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $31.55 $14.10 This group includes but is not limited to: Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float & Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumpcrete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot (Self- Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing /Screening Plant Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.50/hr. >60 mi. base pay + $5.50/hr. ↑ Back to Table of Contents 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $37.00 $15.93 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat Haul Truck, Articulating Trucks, Vac Truck. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $37.00 $15.93 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $37.00 $15.93 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $38.00 $15.93 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents 9 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $39.00 $15.93 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Per Diem: 0-75 mi. free zone >75 mi. $110.00/Day ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $23.08 $11.82 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $26.57 $11.82 This group includes but is not limited to: General Labor; Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler (dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents 10 CONSTRUCTION LABORERS GROUP 3 Wage Benefit $26.07 $11.82 This group includes but is not limited to: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker) Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit $26.76 $11.82 This group includes but is not limited to: Hod Carrier***; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller & Concrete); Powderman; Rock & Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + $4.85/hr. ***Hod Carriers will receive the same amount of travel and/or subsistence pay as bricklayers when requested to travel. ↑ Back to Table of Contents DIVERS Wage Benefit Stand-By $48.51 $16.05 Diving $97.52 $16.05 Depth Pay (Surface Diving) 0-20 ft. free zone >20-100 ft.$2.00 per ft. >100-150 ft.$3.00 per ft. >150-220 ft.$4.00 per ft. >220 ft.$5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft.$1.00 per ft. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents 11 DIVER TENDERS Wage Benefit $47.55 $16.05 The tender shall receive 2 hours at the straight time pay rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents ELECTRICIANS Wage Benefit $38.86 $17.75 Travel: No mileage due when traveling in employer’s vehicle. The following travel allowance is applicable when traveling in employee’s vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. Per Diem District 4 >60 mi. $80.00/day Per Diem in Big Sky and West Yellowstone $125/day. ↑ Back to Table of Contents INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit $42.26 $21.99 Duties Include: Insulate pipes, ductwork or other mechanical systems. Travel: 0-30 mi. free zone >30-40 mi. $25.00/day >40-50 mi. $35.00/day >50-60 mi. $45.00/day >60 mi. $130.00/day plus ▪$0.56/mi. if transportation is not provided. ▪$0.20/mi. if in company vehicle. ↑ Back to Table of Contents 12 IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Wage Benefit $33.95 $24.50 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day ↑ Back to Table of Contents IRONWORKERS – STRUCTURAL IRON AND STEEL WORKERS Wage Benefit $33.95 $24.50 Duties Include: Structural steel erection; assemble prefabricated metal buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; handrail fabrication and ornamental steel. Travel: All Districts 0-45 mi. free zone >45-85 mi. $100.00/day >85 mi. $150.00/day LINE CONSTRUCTION – EQUIPMENT OPERATORS Wage Benefit $38.56 $17.93 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – GROUNDMAN Wage Benefit $30.11 $17.44 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – LINEMAN Wage Benefit $50.35 $19.54 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents 13 MILLWRIGHTS Wage Benefit $40.49 $18.84 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PAINTERS Wage Benefit $25.00 $0.00 Travel and Per Diem: No travel or per diem established. ↑ Back to Table of Contents PILE BUCKS Wage Benefit $34.50 $14.07 Duties Include: Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit $40.06 $20.71 Duties Include: Assemble, install, alter, and repair pipe-lines or pipe systems that carry water, steam, air, other liquids or gases. Testing of piping systems, commissioning and retro- commissioning. Workers in this occupation may also install heating and cooling equipment and mechanical control systems. Travel: District 4 0-70 free zone >70 mi. ▪On jobs when employees do not work consecutive days: $0.55/mi. if employer doesn’t provide transportation. Not to exceed two trips. ▪On jobs when employees work any number of consecutive days: $110.00/day. ↑ Back to Table of Contents 14 SPRINKLER FITTERS Wage Benefit $39.06 $25.39 Duties Include: Duties Include but not limited to any and all fire protection systems: Installation, dismantling, inspection, testing, maintenance, repairs, adjustments, and corrections of all fire protection and fire control systems, including both overhead and underground water mains, all piping, fire hydrants, standpipes, air lines, tanks, and pumps used in connection with sprinkler and alarm systems. Travel The following travel allowance is applicable when traveling in employee’s vehicle. 0-60 mi. free zone >60-80 mi. $23.00/day >80-100 mi. $33.00/day >100 mi. $125.00/day + the IRS rate per mile and $8.92 for every 15 miles traveled for one trip out and one trip back No travel allowance required when in employer’s vehicle except when staying the night. >100 mi. $125.00/day ↑ Back to Table of Contents TRUCK DRIVERS Pilot Car Driver No Rate Established Wage Benefit Truck Driver $31.00 $9.37 Truck drivers include but are not limited to: Combination Truck and Concrete Mixer and Transit Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; Dump Trucks and similar equipment; Dumpster; Flat Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment; Warehouseman, Partsman, Cardex and Warehouse Expeditor; Water Trucks. Zone Pay: All Districts 0-30 mi. free zone >30-60 mi. base pay + $3.05/hr. >60 mi. base pay + .$4.85/hr. Special Provision: Zone pay only applies to the Truck Driver classification. No zone pay was established for Pilot Car Driver. ↑ Back to Table of Contents Rates Fringes BRICKLAYER.......................$ 26.21 12.64 ---------------------------------------------------------------- ELEC0044-003 06/01/2015 Rates Fringes LINE CONSTRUCTION (1) Lineman.................$ 42.47 14.61 ---------------------------------------------------------------- ELEC0233-018 06/01/2015 BEAVERHEAD, DEER LODGE, GRANITE, JEFFERSON, MADISON, POWELL, AND SILVER BOW COUNTIES Rates Fringes ELECTRICIAN......................$ 28.80 12.76 ---------------------------------------------------------------- ELEC0233-020 06/01/2015 BROADWATER, LEWIS AND CLARK, AND MEAGHER COUNTIES Rates Fringes ELECTRICIAN......................$ 29.98 11.60 ---------------------------------------------------------------- ELEC0322-003 06/01/2012 YELLOWSTONE NATIONAL PARK Rates Fringes ELECTRICIAN......................$ 27.53 10.96 ---------------------------------------------------------------- ENGI0400-009 05/01/2013 Rates Fringes POWER EQUIPMENT OPERATOR: (Zone 1) (1) A-frame truck Crane, oiler (except crane).......$ 23.47 10.40 (2) Crane Oiler,Bulldozer, Roller (Dirt and Grade Compaction).................$ 23.94 10.40 (3) Mechanic, Scraper.......$ 24.34 10.40 (4) Cranes, 25 tons - 44 tons........................$ 27.00 11.40 (5) Cranes, 45 tons to and incl. 74 tons...............$ 28.00 11.40 (6) Cranes, 75 tons to and incl. 149 tons; Cranes, Whirley (All)...............$ 29.00 11.40 (7) Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff- Leg or Derrick; Helicopter Hoist; Crane, Tower (all)...$ 30.00 11.40 ZONE DEFINITIONS FOR POWER EQUPMENT OPERATORS: The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HELENA, KALISPELL, MISSOULA Zone 1: 0 to 30 miles - Base Pay Zone 2: 30 to 60 miles - Base Pay + $3.50 Zone 3: Over 60 miles - Base Pay + $5.50 ---------------------------------------------------------------- * IRON0732-018 06/01/2015 Rates Fringes IRONWORKER: Reinforcing and Structural.......................$ 27.00 19.78+a a: PAID HOLIDAYS: New Years Day, Memorial Day, July 4th, Labor Day, Veteran's DAy, Thanksgiving Day, Day following Thanksgiving, and Christmas Day. ---------------------------------------------------------------- LABO1686-011 05/01/2012 Rates Fringes LABORER (2) Mason Tender............$ 20.10 9.05 (3)Pipelayer...............$ 20.24 9.05 ZONE DEFINITIONS FOR LABORERS The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the County Courthouse of the following listed town to the center of the job: Billings, Bozeman, Butte, Helena, Great Falls, Missoula, Kalispell TRAVEL ZONES: ZONE 1: 0 to 30 miles, Base Pay ZONE 2: 30-60, add $3.05 to Base Pay ZONE 3: Over 60 miles, add $4.85 to Base Pay ---------------------------------------------------------------- SUMT2011-051 02/08/2011 Rates Fringes CARPENTER (Form Work Only).......$ 24.30 7.80 CARPENTER, Excludes Form Work....$ 21.13 7.00 LABORER: Common or General......$ 18.11 5.90 LABORER: Landscape and Irrigation.......................$ 15.14 1.30 OPERATOR: Backhoe...............$ 24.16 8.05 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 21.99 8.55 OPERATOR: Excavator.............$ 23.12 7.81 OPERATOR: Grader/Blade..........$ 24.69 8.40 OPERATOR: Loader (Front End)....$ 24.20 7.84 TRUCK DRIVER: Dump Truck........$ 18.84 5.92 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION 1 BID FORM TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all Work for the construction of Landfill Gas (LFG) Wells and buried underground piping, and related items including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in, and form a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor within the time and for the prices set forth in the following schedules. The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the Invitation to Bid. The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen (15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within the time specified per schedule after commencement of the contract time as defined in the General Conditions. The allowed contract time is 60 calendar days. Where multiple schedules are awarded under a single Contract, the Contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. This Bid Form is included for reference only. The City of Bozeman will only accept online electronic bids through QuestCDN. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. Refer to the instructions to bidders for additional information. BID FORM BOZEMAN LANDFILL SVE EXTENSION CITY OF BOZEMAN BOZEMAN, MONTANA 59771 2 BID FORM The undersigned Bidder hereby certifies the following: A)That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B)That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C)That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D)That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E)That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. Bidder agrees to perform all the Work described in the following unit prices or lump sums: BID SCHEDULE See the attached Bid Schedule The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid. No. _______________________________ No. _______________________________ No. _______________________________ Dated __________________________ No. _______________________________ Submitted this __________day of ____________________, 2015. SIGNATURE OF BIDDER: Montana Contractor Registration Number ____________________________ Special Fuel User Permit Number ___________________________________ If an individual: __________________________________________________ doing business as ________________________________________________ 3 BID FORM If a Partnership: _________________________________________________ by ______________________________________________________________, partner If a Corporation: _________________________________________________ (a)____________________________________________ Corporation by ____________________________________________________________ Business Address of Bidder: _______________________________________ If Bidder is a joint venture, other party must sign below: Montana License Number and Class If an individual: __________________________________________________ doing business as ________________________________________________ If a Partnership: __________________________________________________ by _____________________________________________________________ Partner _________________________________________________________ If a Corporation: __________________________________________________ (a)_____________________________________________ Corporation By Title __________________________________________________ Seal & Attest PAY ITEM DESCRIPTION UNITS APPROX. QTY.UNIT PRICE AMOUNT SVE DRILLING 1 Drill Rig Mobilization/Demobilization LS 1 2 SVE Well Drilling and Completion, 12" diameter boring, 4" SCH 80 PVC Well Casing VF 432 DRILLING TOTAL: FIELD CONSTRUCTION 3 Piping Crew Mobilization/Demobilization LS 1 4 48"-dia. Concrete Vault with Spring Assisted Cover EA 7 5 4" SDR 17 HDPE pipe & fittings, below grade LF 200 6 6" SDR 17 HDEP pipe and fittings, below grade LF 315 7 12" Corrugated HDPE Sleeve LF 140 8 Waste Excavation Ton 20 FIELD CONSTRUCTION TOTAL: SVE DRILLING TOTAL: FIELD CONSTRUCTION TOTAL: TOTAL BID: 825 West Custer Ave. Helena, MT 59602 Notes: BID SHEET Prepared By: SNA Checked By: LC Job No. Updated: 2/22 ________________________________ WRITTEN WORDS DRILLING AND FIELD PIPING CONSTRUCTION TOTAL AMOUNT OF BID: CITY OF BOZEMAN BOZEMAN LANDFILL 2024 SOIL VAPOR EXTRACTION EXTENSION PENAL SUM FORM BID BOND Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): 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. EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Pagel of2 PENAL SUM FORM 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 ofthe 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 theBidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (orany extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days afterreceipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonablepromptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice ofAward 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 writtenconsent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of defaultrequired in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located 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 addressesshown 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 effectiveupon 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. EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page2of2 AGREEMENT FORM THIS AGREEMENT is dated as of the day of ________ in the year 2024, by and between CITY OF BOZEMAN, hereinafter called OWNER, and ______________________ hereinafter called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The project work is generally described as follows: The installation Soil Vapor Extraction (SVE) Wells and buried piping for transmission of collected Soil Vapor gas and attachment to an existing SVE extraction system. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bozeman Landfill SVE Extension. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 60 days after the date when the contract time commences to run as provided in the General Conditions. Final payment will be withheld until final completion and acceptance of the Work, as stipulated in this Agreement. 2.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of _________________________________________________________ ($__________). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has carefully studied all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 6.6 CONTRACTOR hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman. This prohibition shall apply to the hiring and treatment of the CONTRACTOR’S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement (if any). 7.3 Performance Bond, Payment Bond, and Bid Bond. 7.4 Invitation to Bid. 7.5 Instructions to Bidders and Bid Form. 7.6 Certificate(s) of Insurance. 7.7 General Conditions. 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Project Specifications. 7.11 Montana Public Works Specifications, Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7.12 Addenda listed on the Bid forms. 7.13 CONTRACTOR'S executed Bid forms. 7.14 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.15 Notice of Award. 7.16 Notice to Proceed. 7.17 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.18 Any Notice of Partial Utilization. 7.19 Notice of Substantial Completion. 7.20 Notices of Final Completion and Acceptance. 7.21 Non-discrimination affirmation form. 7.22 Drawings There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by a modification (as defined in the General Conditions). Article 8. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns, and legal representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. The OWNER reserves the right to withdraw at any time from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed upon any part of the Work. 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs. 8.4 Any amendment of modifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. 8.5 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. 8.6 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) By (SEAL &) (ATTEST) Title (JOINT VENTURE) By (SEAL &) (ATTEST) Title City of Bozeman (OWNER) By _____________________________ (CITY MANAGER) (SEAL &) (ATTEST) APPROVED AS TO FORM: ________________________________ (CITY ATTORNEY) c:\wpdocs\forms\agreefrm.mrg PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): 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 Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page lof3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page2of3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the 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. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY -(Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page3of3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and wcation): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY ____________ (Seal) ______________ (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: ____________ By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: _______________ Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Pa elof3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits allegingnon-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1.Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2.Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3.Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety'sexpense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. P e2of3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3,or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defensein the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tiersubcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY -(Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (EnRineer or other): EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Pa e3of3 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 ACEC .-\Ml'.l<IC.,\N Cot:sc:11 l'IJ f"..'IIGINfl'klSC. ( (l\ll',\"'II c; Jls#II! American Society l,li of Civil Engineers llflL&. National Society of Professional Engineers Professional Engineers In Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIEfY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIEfY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCOC C-520 or C-525, 2007 F.ditions). 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 EJCOC Construction Documents (EJCDC C-001, 2007 F.dition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 F.dition). 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, OC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Ori ve, 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 EJCOC document is owned jointly by the four EJCOC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions or the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 -[)efinitions and Tenninology .......................................................................................................... 1 1.01 [)efined Tenns ............................................................................................................................... 1 1.02 Tenninology .................................................................................................................................. 5 Article 2 -Preliminary Matters ......................................................................................................................... 6 2.01 [)elivery of Bonds and Evidence of Insurance ............................................................................. 6 2.02 Copies of l)ocuments .................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed ............................................................... 6 2.04 Starting the Work .......................................................................................................................... 7 2.05 Before Starting Construction ........................................................................................................ 7 2.06 Preconstruction Conference; [)esignation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules .................................................................................................... 7 Article 3 -Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent .............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract l)ocuments ................................................................... 9 3.05 Reuse of l)ocuments ................................................................................................................... 10 3.06 Electronic Data ............................................................................................................................ 10 Article 4-Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... 11 4.01 Availability of Lands ................................................................................................................... 11 4.02 Subsurface and Physical Conditions ........................................................................................... 11 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ................................................................................................................ 13 4.05 Reference Points .......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 -Bonds and Insurance ...................................................................................................................... 16 5.01 Perfonnance, Payment, and Other Bonds ................................................................................... 16 5.02 Licensed Sureties and Insurers .................................................................................................... 16 5.03 Certificates of Insurance ............................................................................................................. 17 5.04 Contractor's Insurance ................................................................................................................ 17 5.05 Owner's Liability Insurance ........................................................................................................ 19 5.06 Property Insurance ....................................................................................................................... 19 5.07 WaiverofRights ......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ......................................................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright@ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pagel 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer .......................................................... 22 Article 6 -Contractor's Responsibilities ........................................................................................................ 22 6.01 Supervision and Superintendence ............................................................................................... 22 6.02 Labor; Working Hours ................................................................................................................ 22 6.03 Services, Materials, and Equipment ........................................................................................... 22 6.04 Progress Schedule ....................................................................................................................... 23 6.05 Substitutes and "Or-Equals" ....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 25 6JJ7 Patent Fees and Royalties ........................................................................................................... 27 6.08 Permits ......................................................................................................................................... 27 6.09 Laws and Regulations ................................................................................................................. 28 6.10 Taxes ........................................................................................................................................... 28 6.11 Use of Site and Other Areas ........................................................................................................ 28 6.12 Record Documents ...................................................................................................................... 29 6.13 Safety and Protection .................................................................................................................. 29 6.14 Safety Representative .................................................................................................................. 30 6.15 Hazard Communication Programs .............................................................................................. 30 6.16 Emergencies ................................................................................................................................ 30 6.17 Shop Drawings and Samples ...................................................................................................... 31 6.18 Continuing the Work ................................................................................................................... 32 6.19 Contractor's General Warranty and Guarantee .......................................................................... 33 6.20 Indemnification ........................................................................................................................... 33 6.21 Delegation of Professional Design Services ............................................................................... 34 Article 7 -Other Work at the Site ................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................ 35 7.03 Legal Relationships ..................................................................................................................... 36 Article 8 -Owner's Responsibilities ............................................................................................................... 36 8.01 Communications to Contractor ................................................................................................... 36 8.02 Replacement of Engineer ............................................................................................................ 36 8.03 Furnish Data ................................................................................................................................ 36 8.04 Pay When Due ............................................................................................................................. 36 8.05 Lands and Easements; Reports and Tests ................................................................................... 36 8.06 Insurance ...................................................................................................................................... 36 8.07 Change Orders ............................................................................................................................. 37 8.08 Inspections, Tests, and Approvals .............................................................................................. 37 8.09 Limitations on Owner's Responsibilities ................................................................................... 37 8. IO Undisclosed Hazardous Environmental Condition .................................................................... 37 8.11 Evidence of Financial Arrangements .......................................................................................... 37 8.12 Compliance with Safety Program ............................................................................................... 37 Article 9 -Engineer's Status During Construction ......................................................................................... 37 9.01 Owner's Representative .............................................................................................................. 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Cl 2007 National Society of Professional Engineers for EJCOC. All rights reserved. Page ii 9.02 Visits to Site ................................................................................................................................ 37 9.03 Project Representative ................................................................................................................. 38 9.04 Authorized Variations in Work .................................................................................................. 38 9.05 Rejecting Defective Work ........................................................................................................... 38 9.06 Shop Drawings, Change Orders and Payments .......................................................................... 39 9.07 Determinations for Unit Price Work .......................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 39 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................ 39 9.10 Compliance with Safety Program ............................................................................................... 40 Article 10-Changes in the Work; Claims ..................................................................................................... 40 10.01 Authorized Changes in the Work ............................................................................................... 40 10.02 Unauthorized Changes in the Work ............................................................................................ 41 10.03 Execution of Change Orders ....................................................................................................... 41 10.04 Notification to Surety .................................................................................................................. 41 10.05 Claims .......................................................................................................................................... 41 Article 11 -Cost of the Work; Allowances; Unit Price Work ....................................................................... 42 11.01 Cost of the Work ......................................................................................................................... 42 11.02 Allowances .................................................................................................................................. 45 11.03 Unit Price Work .......................................................................................................................... 45 Article 12 -Change of Contract Price; Change of Contract Times ............................................................... 46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Contract Times .......................................................................................................... 47 12.03 Delays .......................................................................................................................................... 47 Article 13-Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 48 13.01 NoticeofDefects ......................................................................................................................... 48 13.02 Access to Work ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 49 13.04 Uncovering Work ........................................................................................................................ 49 13.05 Owner May Stop the Work ......................................................................................................... 50 13.06 Correction or Removal of Defective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work ................................................................................................... 51 13.09 Owner May Correct Defective Work ......................................................................................... 52 Article 14 -Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor's Warranty ofTitle .................................................................................................... 55 14.04 Substantial Completion ............................................................................................................... 55 14.05 Partial Utilization ........................................................................................................................ 56 14.06 Final Inspection ........................................................................................................................... 57 14.07 Final Payment .............................................................................................................................. 57 14.08 Final Completion Delayed .......................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright@ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14.09 WaiverofClaims ........................................................................................................................ 58 Article 15 -Suspension of Work and Termination ........................................................................................ 59 15.01 Owner May Suspend Work ......................................................................................................... 59 15.02 Owner May Terminate for Cause ............................................................................................... 59 15.03 Owner May Terminate For Convenience ................................................................................... 60 15.04 Contractor May Stop Work or Terminate ................................................................................... 60 Article 16-Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 Article 17 -Miscellaneous .............................................................................................................................. 61 17.01 Giving Notice .............................................................................................................................. 61 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 62 17.05 Controlling Law .......................................................................................................................... 62 17.06 Headings ...................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society or Professional Engineers for EJCDC. All righu reserved. Page iv ARTICLE 1-DEFINITIONS AND TERMINOLOGY 1.01 De.fined 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. I. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement-The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application/or 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. Ademand for money or services by a third party is not a Claim. 11. Contract-The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society or Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 12. Contract Documents-Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price-The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times-The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor-The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work-See Paragraph 11.01 for definition. 17. Drawings-That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer-The individual or entity named as such in the Agreement. 20. Field Order-A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements-Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs,Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste-The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act ( 42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations-Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens-Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone-A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pagel of 62 27. Notice of Award-The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed-A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner-The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs-Polychlorinated biphenyls. 31. Petroleum-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule-A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project-The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual-The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative-The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples-Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals-A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values-A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Cl 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pagel of 62 40. Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data orinformation which are specifically prepared or assembled by or for Contractor and submittedby Contractor to illustrate some portion of the Work. 41. Site-Lands or areas indicated in the Contract Documents as being furnished by Owner uponwhich the Work is to be performed, including rights-of-way and easements for access thereto,and such other lands furnished by Owner which are designated for the use of Contractor. 42.Specifications-That part of the Contract Documents consisting of written requirements formaterials, equipment, systems, standards and workmanship as applied to the Work, andcertain administrative requirements and procedural matters applicable thereto. 43. Subcontractor-An individual or entity having a direct contract with Contractor or with anyother Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion-The time at which the Work (or a specified part thereof) hasprogressed to the point where, in the opinion of Engineer, the Work (or a specified partthereof) is sufficiently complete, in accordance with the Contract Documents, so that theWork (or a specified part thereof) can be utilized for the purposes for which it is intended.The terms "substantially complete" and "substantially completed" as applied to all or part ofthe Work refer to Substantial Completion thereof. 45.Successful Bidder-The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions-That part of the Contract Documents which amends orsupplements these General Conditions. 47. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having adirect contract with Contractor or with any Subcontractor to furnish materials or equipment tobe incorporated in the Work by Contractor or Subcontractor. 48.Underground Facilities-All underground pipelines, conduits, ducts, cables, wires,manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasementscontaining such facilities, including those that convey electricity, gases, steam, liquidpetroleum products, telephone or other communications, cable television, water, wastewater,storm water, other liquids or chemicals, or traffic or other control systems. 49.Unit Price Work-Work to be paid for on the basis of unit prices. 50. Work-The entire construction or the various separately identifiable parts thereof required tobe provided under the Contract Documents. Work includes and is the result of performing orproviding all labor, services, and documentation necessary to produce such construction, andfurnishing, installing, and incorporating all materials and equipment into such construction,all as required by the Contract Documents. 51. Work Change Directive-A written statement to Contractor issued on or after the EffectiveDate of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Condilions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page4 of 62 addition, deletion, or rev1s1on in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be perfonned 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 tenns 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 tenns "as allowed," "as approved," "as ordered," "asdirected" or tenns 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 detennination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or detennination will be solely to evaluate, in general, the Work for compliance with the infonnation in the Contract Documents and with the design concept ofthe 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 tenn or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the perfonnance 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: I.The word "defective," when modifying the word "Work," refers to Work that 1s unsatisfactory, faulty, or deficient in that it: a. does not confonn 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 Docum nts; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Condidons of the Construction Contract Copyright C 2007 Nadonal Society of Professional Engineers for EJCDC. All rights reserved. Pages of 62 E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment completeand 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 completeand ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services,materials, or equipment in a context clearly requiring an obligation of Contractor, "provide"is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-knowntechnical or construction industry or trade meaning are used in the Contract Documents 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 any Work at the Site is started, Contractor and Owner shall eachdeliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or anyadditional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. ANotice 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, whicheverdate is earlier. EJCDC C-700 Standard General Conditions or the Construction Contract Copyright© 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page6 or 62 2.04 Starting the Work A.Contractor shall start to perfonn the Work on the date when the Contract Times commence torun. No Work shall be done at the Site prior to the date on which the Contract Times commenceto run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unlessotherwise specified in the General Requirements), Contractor shall submit to Engineer for timelyreview: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for startingand completing the various stages of the Work, including any Milestones specified in 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 ofitems which when added together equal the Contract Price and subdivides the Work intocomponent parts in sufficient detail to serve as the basis for progress payments during perfonnance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference,· Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handlingShop Drawings and other submittals, processing Applications for Payment, and maintainingrequired records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual toact as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive infonnation,render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability toEngineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.Contractor shall have an additional 10 days to make corrections and adjustments and to completeand resubmit the schedules. No progress payment shall be made to Contractor until acceptableschedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression ofthe Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C, 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page? of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of aSupplier, 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 ofthe Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright@ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pages of 62 3.03 Reporting and Resolving Discrepancies A.Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction ofany 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: I.Except as may be otherwise specifically stated in the Contract Documents, the provisions ofthe Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A.The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright@ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pagell of 62 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, orother 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 ofthe Project or any other project without written consent of Owner and Engineer and specificwritten verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of 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. Anyconclusion or information obtained or derived from such electronic files will be at the user's solerisk. If there is a discrepancy between the electronic files and the hard copies, the hard copiesgovern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agreesthat it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-dayacceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright"' 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENT AL 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 ofrecord legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such ''technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures ofconstruction 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. EJCOC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Soc:iety of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6. 16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer willpromptly 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 aresult of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the ''technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 C.Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on areasonable 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 aresult of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent pennitted by Laws and Regulations, Contractor shall indemnify and hold hannless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants, and subcontractors of each and any of them from and against all claims, costs, losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out ofor relating to a Hazardous Environmental Condition created by Contractor or by anyone forwhom 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 perfonnance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful perfonnance and payment of all of Contractor'sobligations under the Contract Documents. These bonds shall remain in effect until one year afterthe date when final payment becomes due or until completion of the correction period specifiedin 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 fonn prescribed by the Contract Documents except as providedotherwise by Laws or Regulations, and shall be executed by such sureties as are named in the listof "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and asAcceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signedby an agent or attorney-in-fact must be accompanied by a certified copy of that individual'sauthority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is tenninated in any state where any part of the Project is located or it ceasesto 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 byOwner or Contractor shall be obtained from surety or insurance companies that are duly licensedor authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pap 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence ofinsurance requested by Owner or any other additional insured) which Contractor is required topurchase 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 ofinsurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliancewith these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: l.claims under workers' compensation, disability benefits, and other similar employee benefitacts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death ofContractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage whichare sustained: EJCDC C-700 Standard General Conditions of the Construdion Contract Copyright@ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment ofsuch person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction oftangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damagearising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: I. 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 customaryexclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liabilityprovided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4.contain a provision or endorsement that the coverage afforded will not be canceled, materiallychanged or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates ofinsurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidencesatisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liabilityinsurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof(subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: I. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any ofthem, each of whom is deemed to have an insurable interest and shall be listed as a losspayee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss:fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations,water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. 8.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 whichwill include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiverprovisions in accordance with Paragraph 5.07. D.Owner shall not be responsible for purchasing and maintaining any property insurance specifiedin this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Workto the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E.If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A.Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 willprotect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any ofthe insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B.Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions or the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page20 of 62 I. loss due to business interruption, loss of use, or other consequential loss extending beyonddirect 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 resultingfrom fire or other insured peril or cause of loss covered by any property insurance maintainedon the completed Project or part thereof by Owner during partial utilization pursuant toParagraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after finalpayment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential lossreferred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of paymentof any such loss, damage, or consequential loss, the insurers will have no rights of recoveryagainst Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted withOwner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordancewith 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 accountthereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one ofthe parties in interest shall object in writing within 15 days after the occurrence of loss toOwner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest,Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions ofthe bonds or insurance required to be purchased and maintained by the other party in accordancewith Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within IO days after receipt of the certificates (or otherevidence 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 insurancerequired of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's EJCDC C-700 Standard General Conditions or the Construction Contract Copyright C 2007 National Society or Professional Engineers for EJCDC All rights reserved. Page21 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A.If Owner finds it necessary to occupy or use a portion or portions of the Work prior to SubstantialCompletion of all the Work as provided in Paragraph 14.05, no such use or occupancy shallcommence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A.Contractor shall supervise, inspect, and direct the Work competently and efficiently, devotingsuch 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 specificmeans, 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 Workand perform construction as required by the Contract Documents. Contractor shall at all timesmaintain good discipline and order at the Site. B.Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03. Services, Materials, and Equipment A.Unless otherwise specified in the Contract Documents, Contractor shall provide and assume fullresponsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Cl 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page22 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,shall be of good quality and new, except as otherwise provided in the Contract Documents. Allspecial warranties and guarantees required by the Specifications shall expressly run to the benefitof Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (includingreports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected,used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, exceptas otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07as it may be adjusted from time to time as provided below. I. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07)proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirementsapplicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Timesmay only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documentsby using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unlessthe specification or description contains or is followed by words reading that no like, equivalent,or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. I. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposedby Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval ofproposed substitute items. For the purposes of this Paragraph 6.05.A. l, a proposed item ofmaterial or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: I)it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCOC C-700 Standard General Conditions of the Construction Contract Copyright C, 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page23 of 62 2)it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3)it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: l)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.l, it will be considered aproposed 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: l)shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c)be suited to the same use as that specified; 2)will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page24 of 62 c)whether incorporation or use of the proposed substitute item in connection withthe Work is subject to payment of any license fee or royalty; 3)will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4)shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims ofother contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique,sequence, or procedure of construction is expressly required by the Contract Documents,Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allowEngineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent tothat expressly called for by the Contract Documents. The requirements for review by Engineerwill be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluateeach proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the solejudge 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 asubstitute 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 specialperformance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substituteproposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or 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 proposedsubstitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer formaking changes in the Contract Documents (or in the provisions of any other direct contract withOwner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (includingthose acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as areplacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rlpts reserved. Page25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by aspecified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C.Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specificallybinds 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 aSubcontractor 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, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page2' of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in theperformance of the Work or the incorporation in the Work of any invention, design, process,product, or device which is the subject of patent rights or copyrights held by others. If a particularinvention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use issubject to patent rights or copyrights calling for the payment of any license fee or royalty toothers, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and holdharmless Contractor, and its officers, directors, members, partners, employees, agents,consultants, and subcontractors from and against all claims, costs, losses, and damages (includingbut not limited to all fees and charges of engineers, architects, attorneys, and other professionals,and all court or arbitration or other dispute resolution costs) arising out of or relating to anyinfringement of patent rights or copyrights incident to the use in the performance of the Work orresulting from the incorporation in the Work of any invention, design, process, product, or devicespecified in the Contract Documents, but not identified as being subject to payment of any licensefee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and holdharmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,consultants and subcontractors of each and any of them from and against all claims, costs, losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out ofor relating to any infringement of patent rights or copyrights incident to the use in theperformance of the Work or resulting from the incorporation in the Work of any invention,design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay forall construction permits and licenses. Owner shall assist Contractor, when necessary, in obtainingsuch permits and licenses. Contractor shall pay all governmental charges and inspection feesnecessary for the prosecution of the Work which are applicable at the time of opening of Bids, or,if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utilityowners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions or the Construction Contract Copyright@ 2007 National Society or Professional Engineers for EJCOC. All rights reserved. Page 'J:1 or 62 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 byapplicable Laws and Regulations, neither Owner nor Engineer shall be responsible formonitoring 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 allcourt or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor ofContractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the EffectiveDate of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of anysuch adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid byContractor in accordance with the Laws and Regulations of the place of the Project which 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 otherwiseresolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees,agents, consultants and subcontractors of each and any of them from and against all claims,costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Con.strudion Contract Copyright@ 2007 National Society of Professional Engineers for EJCOC. All rights reserved. Page28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C.Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A.Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: I.all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions or the Construction Contract Copyright IC 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C.Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D.Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply whileat 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, oranyone 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 omissionsof Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault ornegligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly orindirectly employed by any of them). F.Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A.Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A.Contractor shall be responsible for coordinating any exchange of material safety data sheets orother 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 oradjacent 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 significantchanges in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Olnditions of the O>nstruction O>ntrad Olpyright C 2007 National Society of Professional Engineers for EJCOC. All rights reserved. Page30 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule ofSubmittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCOC. All rights reserved. Page31 of 62 2. F.ach 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: I. 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.l. E. Resubmittal Procedures: I. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Cl 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page32 of 62 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out ofor relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . EJCDC C-700 Standanl General Conditions of the Construction Contract Copyright@ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 B.In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor orpersonal 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, oranyone 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, orother individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C.The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions,reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A.Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such servicesare 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, Ownerand 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 licensedprofessional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. ShopDrawings and other submittals related to the Work designed or certified by such professional, ifprepared by others, shall bear such professional's written approval when submitted to Engineer. C.Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness ofthe services, certifications or approvals performed by such design professionals, provided Ownerand Engineer have specified to Contractor all performance and design criteria that such servicesmust 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 ContractDocuments. Engineer's review and approval of Shop Drawings and other submittals (exceptdesign calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.l. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C, 2007 National Society of Professional Engineers for EJCOC. All rights reserved. Page34 of 62 E. Contractor shall not be responsible for the adequacy of the perfonnance or design criteria required by the Contract Documents. ARTICLE 7 -OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perfonn other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work perfonned by utility owners. If such other work is not noted in the Contract Documents, then: I.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, ifany, of any adjustment in the Contract Price or Contract Times that should be allowed as aresult 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 perfonning 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 perfonned by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A.If Owner intends to contract with others for the perfonnance 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. EJCOC C-700 Standard General Conditions of the Construction Contract Copyright Cl 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pagel! of 62 B.Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A.Paragraphs 7.0 I .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 othercontractor is liable to Owner and Contractor for the reasonable direct delay and disruption costsincurred 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 forthe reasonable direct delay and disruption costs incurred by such other contractor as a result ofContractor'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 communicationsto Contractor through Engineer. 8.02 Replacement of Engineer A.In case of tennination of the employment of Engineer, Owner shall appoint an engineer to whomContractor makes no reasonable objection, whose status under the Contract Documents shall bethat of the fonner 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.Cand 14.07.C. 8.05 Lands and Easements; Reports and Tests A.Owner's duties with respect to providing lands and easements and providing engineering surveysto establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers toOwner'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 orsubsurface structures at the Site. 8.06 Insurance A.Owner's responsibilities, if any, with respect to purchasing and maintaining liability and propertyinsurance are set forth in Article 5. EJCOC C-700 Standard General Condidons of the Construction Contract Copyright@ 2007 Nadonal Society of Professional Engineers for EJCOC. All rights reserved. Page36 of 62 8.07 Cha.nge 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 Lawsand Regulations applicable to the performance of the Work. Owner will not be responsible forContractor'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 financialarrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specificapplicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative duringconstruction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified designprofessional the progress that has been made and the quality of the various aspects ofContractor'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 EJCOC C-700 Standard General Conditions or the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page37 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B.Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a resultof 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 assistEngineer in providing more extensive observation of the Work. The authority and responsibilitiesof 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 ContractDocuments 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. IfOwner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A.Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documentsor 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. EJCOC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page JS of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B.In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, seeParagraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles I 0, 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 Applicationfor Payment or otherwise). Engineer's written decision thereon will be final and binding (exceptas modified by Engineer to reflect changed factual conditions or more accurate data) upon Ownerand 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 judgeof the acceptability of the Work thereunder. All matters in question and other matters betweenOwner and Contractor arising prior to the date final payment is due relating to the acceptability ofthe Work, and the interpretation of the requirements of the Contract Documents pertaining to theperformance of the Work, will be referred initially to Engineer in writing within 30 days of theevent 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 theContract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for thepurposes 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 showpartiality to Owner or Contractor and will not be liable in connection with any interpretation ordecision 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 ofthe Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright IC 2007 National Society of Professional Engineers for EJCOC. All rights reserved. Page3' of 62 exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible forContractor's means, methods, techniques, sequences, or procedures of construction, or the safetyprecautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible forContractor'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 willonly 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 indicatecompliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specificapplicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE IO-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 aWork 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 aresult of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page40 of 62 I 0.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of theContract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in thecase of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A.Owner and Contractor shall execute appropriate Change Orders recommended by Engineercovering: I. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph IO.OLA, (ii)required because of acceptance of defective Work under Paragraph 13.08.A or Owner'scorrection of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, includingany undisputed sum or amount of time for Work actually performed in accordance with aWork Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu ofexecuting any such Change Order, an appeal may be taken from any such decision 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 theProgress Schedule as provided in Paragraph 6.18.A. I 0.04 Notification to Surety A.If the provisions of any bond require notice to be given to a surety of any change affecting thegeneral scope of the Work or the provisions of the Contract Documents (including, but notlimited to, Contract Price or Contract Times), the giving of any such notice will be Contractor'sresponsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A.Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,shall be referred to the Engineer for decision. A decision by Engineer shall be required as acondition precedent to any exercise by Owner or Contractor of any rights or remedies either mayotherwise have under the Contract Documents or by Laws and Regulations in respect of suchClaims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimantto Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest withthe party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCOC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page41 of 62 shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11-COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01 .B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: EJCDC C-700 Standard General CondJtions of the Construction Contract Copyright Cl 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page42 of 62 I.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 l 1.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCOC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for whichContractor 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, notcompensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts ofproperty insurance established in accordance with Paragraph 5.06.D), provided suchlosses 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 whoseacts 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 theSite, 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 (ofpartnerships 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 theSite 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 I 1.01.A.1 or specifically covered by Paragraph I 1.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectlyemployed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page44 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specificallyand expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's feeshall be determined as set forth in the Agreement. When the value of any Work covered by aChange Order or when a Claim for an adjustment in Contract Price is determined on the basis ofCost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant toParagraphs I 1.01.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 toEngineer an itemized cost breakdown together with supporting data. I 1.02 Allowances A.It is understood that Contractor has included in the Contract Price all allowances so named in theContract Documents and shall cause the Work so covered to be performed for such sums and 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) ofmaterials 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 coverunanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineerto reflect actual amounts due Contractor on account of Work covered by allowances, and 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 EJCDC C-700 Standard General Conditions or the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page45 or 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for 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 accordancewith Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result ofhaving 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: 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 theprovisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents,by a mutually agreed lump sum (which may include an allowance for overhead and profit 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 Documentsand 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). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page46 of 62 C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the variousportions of the Cost of the Work: a. for costs incurred under Paragraphs I 1.01.A.l and I 1.01.A.2, the Contractor's fee shallbe 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 feeand 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 afee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A. land 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid afee 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 adeduction in Contractor's fee by an amount equal to five percent of such net decrease;and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in· accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Timesdue to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Condidons of the Construction Contract Copyright@ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor'sentitlement to an adjustment of the Contract Times is conditioned on such adjustment beingessential 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 adjustmentis 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 thisParagraph 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 delayswithin the control of Contractor. Delays attributable to and within the control of a Subcontractoror Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in thisArticle 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 willhave access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright@ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page48 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance ofmaterials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page4!1 of 62 C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,and damages (including but not limited to all fees and charges of engineers, architects, attorneys,and other professionals and all court or arbitration or other dispute resolution costs) arising out ofor relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactoryreplacement or reconstruction (including but not limited to all costs of repair or replacement ofwork of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. 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 suchuncovering, 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 Claimtherefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitablematerials or equipment, or fails to perform the Work in such a way that the completed Work willconform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Ownerto stop the Work shall not give rise to any duty on the part of Owner to exercise this right for 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 disputeresolution costs) arising out of or relating to such correction or removal (including but not limitedto all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,Contractor shall take no action that would void or otherwise impair Owner's special warranty 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 useby 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'swritten instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright IC 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page SO of 62 I.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. Allclaims, 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) willbe 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 awaiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A.If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCOC C-700 Standard General Conditions or the Construction Contract Copyright C 2007 National Society or Professional Engineers for EJCDC. All rights reserved. Page51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defectiveWork, or to remove and replace rejected Work as required by Engineer in accordance withParagraph 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 excludeContractor 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 enableOwner 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 ofengineers, 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 remediesunder this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issuedincorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remediesunder 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: l.At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions or the Construction Contract Copyright C 2007 National Society or Professional Engineers ror EJCDC. All rights reserved. Page52 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of theWork have been applied on account to discharge Contractor's legitimate obligationsassociated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in theAgreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate inwriting a recommendation of payment and present the Application to Owner or return theApplication to Contractor indicating in writing Engineer's reasons for refusing to recommendpayment. In the latter case, Contractor may make the necessary corrections and resubmit theApplication. 2. Engineer's recommendation of any payment requested in an Application for Payment willconstitute a representation by Engineer to Owner, based on Engineer's observations of theexecuted Work as an experienced and qualified design professional, and on Engineer'sreview of the Application for Payment and the accompanying data and schedules, that to thebest of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subjectto an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, afinal determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to havebeen fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to haverepresented that: a. inspections made to check the quality or the quantity of the Work as it has beenperformed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions or the Construction Contract Copyright IC) 2007 National Society or Professional Engineers ror EJCDC. All rights reserved. PageS3 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending paymentsnor Engineer's recommendation of any payment, including final payment, will imposeresponsibility 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'sopinion, 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, becauseof subsequently discovered evidence or the results of subsequent inspections or tests, reviseor revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: I. Ten days after presentation of the Application for Payment to Owner with Engineer'srecommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright IC 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page54 of 62 D.Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance 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 ofsuch Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated 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 willgive Contractor immediate written notice (with a copy to Engineer) stating the reasons forsuch action and promptly pay Contractor any amount remaining after deduction of 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 Wa"antyo/Tit/e 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. 14.04 Substantial Completion A.When Contractor considers the entire Work ready for its intended use Contractor shall notifyOwner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate ofSubstantial Completion. B.Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make 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. Thereshall be attached to the certificate a tentative list of items to be completed or corrected before EJCOC C-700 Standard Genenl Conditions of the Construction Contract Copyright C> 2007 National Society of Professional Engineers for EJCOC. All rights reserved. Page55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner'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 responsibilitiespending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties andguarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer inwriting 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 SubstantialCompletion 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 substantiallycompleted part of the Work which has specifically been identified in the Contract Documents, orwhich Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy anysuch part of the Work which Owner believes to be ready for its intended use and substantiallycomplete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through Dfor that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considersany such part of the Work ready for its intended use and substantially complete and 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 shallmake an inspection of that part of the Work to determine its status of completion. If Engineerdoes not consider that part of the Work to be substantially complete, Engineer will 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 ofresponsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page56 of 62 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 p perty insurance. 14.06 Final Inspection A.Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and willnotify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall imm iately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A.Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the ContractDocuments, 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 Lienrights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractorthat: (i) the releases and receipts include all labor, services, material, and equipment forwhich a Lien could be filed; and (ii) all payrolls, material and equipment bills, and 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 finalinspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Cl 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A.If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A.The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page58 of 62 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which willfix the date on which Work will be resumed. Contractor shall resume the Work on the date sofixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claimtherefor as provided in Paragraph 10.05. 15.02 Owner May Terminate/or Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule establishedunder Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after givingContractor (and surety) seven days written notice of its intent to terminate the services ofContractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor'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 receiveany 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 ofengineers, 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society or Professional Engineers for EJCDC. All rights reserved. Page59 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated ifContractor begins within seven days of receipt of notice of intent to terminate to correct its failureto perform and proceeds diligently to cure such failure within no more than 30 days of receipt ofsaid notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affectany rights or remedies of Owner against Contractor then existing or which may thereafter accrue.Any retention or payment of moneys due Contractor by Owner will not release Contractor fromliability. F. If and to the extent that Contractor has provided a performance bond under the provisions ofParagraph 5.01.A, the termination procedures of that bond shall supersede the provisions ofParagraphs 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 andwithout 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 priorto the effective date of termination, including fair and reasonable sums for overhead andprofit on such Work; 2. expenses sustained prior to the effective date of termination in performing services andfurnishing labor, materials, or equipment as required by the Contract Documents inconnection with uncompleted Work, plus fair and reasonable sums for overhead and profit onsuch expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals and all court or arbitration or 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 othereconomic 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 consecutivedays by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16-DISPUTE RESOLUTION 16.0 I Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for adecision under Paragraph 10.05 before such decision becomes final and binding. The 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: I. 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 ofcompetent 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page61 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation o/Times A.When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A.All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A.This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A.Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright@ 2007 National Society of Professional Engineers for EJCOC. All rights reserved. Page62 of 62 Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 1 of 11 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. SC - 2.01 DELIVERY OF BONDS Add the following to Paragraph: 2.01.A Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, attach executed copies of the required Bonds, Power of Attorney, and Certificate of Insurance, and submit all copies to Engineer who will forward them to the Owner. Owner shall execute all copies and return two copies to the Contractor. Owner shall also furnish a counterpart or conformed copy to the Engineer and shall retain three copies. SC -2.03 NOTICE TO PROCEED Delete the first sentence of Paragraph 2.03.A of the General Conditions and insert the following in its place: Following the execution of the Agreement by the Owner and the Contractor, written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Time will commence to run on the day indicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRUCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.A.4 Contractor shall submit a preliminary list of construction equipment with hourly rates, owned or rented by the Contractor and all Subcontractors that will be used in the performance of the Work. The equipment list will include information necessary to confirm the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions including: make, model, and year of manufacture as well as the horsepower, capacity or weight, and accessories. Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 2 of 11 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor's full responsibility, therefore. Add the following after Paragraph 2.07.A.3: Contractor’s Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with Paragraph 11.01.A.5.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC- 4.02 SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special Provisions. SC - 4.03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this Paragraph 4.03 are not followed. Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 3 of 11 SC - 4.04 UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC - 4.06 HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of Paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports...... SC - 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A: Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC - 5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g., Longshoremans) Statutory c. Employer’s Liability $500,000.00 Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 4 of 11 2. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $3,000,000.00 b. Products-Completed Operations Aggregate $3,000,000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $1,000,000.00 e. Coverage will include: 1. Premises – Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5. Products and Completed Operations 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $500,000.00 Each Accident $1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $1,000,000.00 Coverage to Include: 1. All Owned 2. Hired 3. Non-Owned Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 5 of 11 4. Contractor's Liability Insurance under Paragraphs 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows: The Contractor's insurance coverage shall name the Owner, and Engineer and Engineer's Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $1,000,000.00 Aggregate $3,000,000.00 SC - 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words "30 days" and replacing them with the words "45 days" and as so amended P aragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer's Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 2. Be written on a Builder's Risk "all risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. Include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects). Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 6 of 11 4. Cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer. 5. Be endorsed to allow occupancy and partial utilization of the Work by Owner. 6. Include testing and start-up, and 7. Be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SCS.06 shall comply with the requirements of Paragraph 5.06.C of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC-5.06C. The qualifications of the insurance company shall comply with the requirements of SC-5.02.A. SC - 6.02 WORKING HOURS Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. SC - 6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility, therefore. SC - 6.09 LAWS AND REGULATIONS Add the following: The Contractor is responsible for proper disposal of all waste soils, materials, and slurries unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 7 of 11 to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. If this project is greater than 1.0 acres in area, then a storm water pollution prevention plan (SWPPP) is required to be submitted to the Montana Department of Environmental Quality. If this project disturbs less than 1.0 acres, a SWPPP may be required to be submitted to City of Bozeman. Compiling and submitting the SWPPP is the responsibility of the Contractor. This plan must be approved by both the City and/or the Montana DEQ prior to scheduling a preconstruction meeting. No construction activities may take place under this contract until the SWPPP has been approved. Please allow 1 week for the City to review the SWPPP. The Contractor shall exercise all reasonable precautions throughout the life of the project to prevent pollution or siltation of rivers, streams, or impoundments. Pollutants such as chemicals, slurries, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams, or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Montana DEQ, Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Quality Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. All debris or waste materials shall be cleaned up by the end of the workday. SC - 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in Paragraph 6.13.C to Special Provisions. Add new paragraphs to the end of Paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor's operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor's expense. The Contractor shall also be responsible for all damage to streets, Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 8 of 11 roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement, or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. J. Safety provisions must be entirely adequate and meet with State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after Paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress, and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions or Supplemental Conditions for identification of the responsibilities and authority and limitations of the Engineer's Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete Paragraph 11.01.A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01.A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC-2.05 and SC-2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 9 of 11 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the equipment rental rates will be negotiated prior to the work being performed. SC - l1.03 UNIT PRICE WORK Delete Paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: l. The quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. The total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC - 13.07 CORRECTION PERIOD The correction period for defective work shall be two (2) years following the notice of completion instead of one (1) year as noted in the General Conditions. SC - 14.02.A. APPLICATION FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs l4.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition, retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after Paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor’s updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 10 of 11 SC – 14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor’s Application for Payment with Engineer’s recommendation, review, and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: …entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically, the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the 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 the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner’s use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner’s use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner’s personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet Section 00810 - 6th & Edition Supplementary Conditions to the General Conditions Page 11 of 11 completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 DIVISION 1 - GENERAL REQUIREMENTS 01010-1 SECTION 01010 SUMMARY OF WORK PART 1 – GENERAL 1.01 DESCRIPTION OF WORK A.The Project consists of the installation of new soil vapor extraction wells and associated buried piping and valves and fittings at the Story Mill Road Landfill in Bozeman, Montana and other appurtenances as identified on the plans and herein. B.The work shall include the installation of soil vapor extraction wells, construction of below grade SVE piping, providing and installing pre-cast vaults, connecting below grade SVE piping to an existing SVE collection system and all other appurtenant equipment as shown in the Construction Drawings and as specified herein. The CONTRACTOR shall replace in kind any existing improvements (drainage channels, asphalt millings roads, etc.) damaged during the course of construction at no cost to the City of Bozeman (OWNER). C.The OWNER may award separate contracts for portions of the Project that are to be completed simultaneously with the Work. The CONTRACTOR shall cooperate with the OWNER and other CONTRACTORS so that the OWNER’S work, including landfill and farming operations, or work by other CONTRACTORS, can be carried out smoothly. D.No additional and/or extra compensation will be given for all and/any increases to direct labor costs, subcontract costs, costs of materials and equipment, which includes all fuels. 1.02 WORK HOURS A.Unless otherwise changed by the OWNER, construction activities and material deliveries to the Facility shall be limited to the hours of 7AM to 6 PM. No work outside these hours will be allowed without written approval from the OWNER. 1.03 DISPOSAL OF REFUSE A.The CONTRACTOR may encounter waste during construction activities on the existing landfill. All removal and disposal of construction debris or waste generated during construction is the responsibility of the CONTRACTOR at no additional cost to the OWNER. 01010-2 1.04 FAMILIARIZATION A.Prior to implementing any work, the CONTRACTOR shall become thoroughly familiar with the site, the site conditions, and all portions of the work falling within this Project and the CQA Plan. B.Inspection: 1.Prior to implementing any of the work, the CONTRACTOR shall carefully inspect the site and equipment and verify that the existing piping is complete to the point where the work may properly commence without adverse impact. This would include the location and condition of the header pipe daylight. 2.If the CONTRACTOR has any concerns regarding the site, the CONTRACTOR shall notify the ENGINEER and the OWNER in writing within 48 hours of the site visit. Failure to notify the OWNER or the ENGINEER prior to installation of all items shall be construed as CONTRACTOR’S acceptance of the related work of all other Sections. 3.The CONTRACTOR shall verify as-built conditions prior to placement and/or excavation of any material. 4.The CONTRACTOR shall be responsible for locating all underground utilities prior to excavation of any material. 1.05 PRECEDENCE OF DOCUMENTS A.The Montana Public Works Standard Specifications and Montana Department of Transportation Specifications will be referenced where applicable. In case there is a discrepancy or conflict between these specifications and the project specific Construction Drawings and Project Specifications, the project specific documents will govern. 1.06 CONTRACTOR’S USE OF PREMISES A.CONTRACTOR shall coordinate use of the premises, for his storage and the operation of his workmen, with OWNER and utility service companies. B.The full use of the premises for storage, the operations of workmen and for all other construction activities will not be available to CONTRACTOR. CONTRACTOR must operate entirely within the space allowed to him. The Drawings define the area allocated to CONTRACTOR. C.CONTRACTOR shall be solely responsible for obtaining and paying all costs in connection with any additional work area, storage sites, and access to the site or temporary right-of-way that may be required for proper completion of the Work. D.It shall be understood that responsibility for protection and safe-keeping of equipment and materials on or near the site will be entirely that of CONTRACTOR and that no claim shall be made against the OWNER or his authorized representatives by reason of any act. It shall 01010-3 be further understood that should any occasion arise necessitating access to the sites occupied by these stored materials or equipment, the ENGINEER shall direct CONTRACTOR owning or responsible for the stored materials and equipment to immediately move the same. No materials or equipment may be placed upon the property of the OWNER, other than in the designated areas as shown on the Drawings, unless the ENGINEER has agreed to the location contemplated by CONTRACTOR to be used for storage. All stored materials shall be labeled according to the appropriate CONTRACTOR or SUBCONTRACTOR with the manufacturer’s label as well. Appropriate material safety data sheets (e.g., MSDS) shall be provided. E.CONTRACTOR shall be required to share use of the premises with other CONTRACTORS whose services the OWNER has obtained or will obtain for construction of other facilities on the site. F.The Bozeman Convenience Site must remain open and usable to the public during its normal business hours (8:00 a.m. to 3:30 p.m. Tuesday through Saturday). Any construction activities that would obstruct public access (for example trenching and burying pipe across the entrance) must be done while the Convenience Site is closed. 1.07 AGENCY AND PRIVATE ENTITY COORDINATION & PERMITTING The work to be performed for this project will require significant planning and coordination with City, County, and private agencies. The ENGINEER is responsible for obtaining the building permit. The CONTRACTOR is responsible for obtaining all other permits, payment of fees and/or coordinating with all involved as needed to perform the construction as indicated on the project plans. The following is a list of anticipated public agencies and private entities requiring involvement in this project: Montana811 Underground Utility Locator Dial 811 1.08 PROJECT SCHEDULING Information pertaining to the preparation and submittal of the construction schedule is contained in Section 1300. The timing of construction is critical. It is imperative that the collection system downtime is minimized.. The construction should be substantially complete by June 30, 2024. 1.09 SUBSTANTIAL COMPLETION A.Substantial Completion means, but is not limited to the completion of the following: 1.Green tag on all electrical work; 2.All systems in place, functional, and displayed to the OWNER or its representatives; 01010-4 3. Construction Complete; 4. Materials and equipment installed; 5. Punch List items have been identified, itemized, and scheduled for completion; 6. Draft O&M Manuals and record documents reviewed and accepted by the OWNER; 7. HVAC test and balance completed (provide minimum 30 days prior to projected substantial completion); 8. Landscaping and site work completed; and 9. Final cleaning. 1.10 FINAL ACCEPTANCE A. Final Acceptance means the project work is complete; the ENGINEER and the OWNER has approved and accepted the project work as complete. This shall include, but is not limited to: 1. All punch list items have been completed; 2. All systems reviewed and accepted by the OWNER; 3. Final O&M Manuals and record documents reviewed and accepted by the OWNER; 4. OWNER’s operation and maintenance training complete 1.11 LIQUIDATED DAMAGES A. Liquidated damages shall be One Thousand Dollars ($1,000) per day that substantial completion extends beyond the date determined by the contract time as adjusted. PART 2 – PRODUCTS Not Used. PART 3 – EXECUTION Not Used. END OF SECTON 01029-1 SECTION 01029 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 CONTRACT PAY ITEMS This section includes the items of work and the basis of payment for City of Bozeman Story Mill Road Soil Vapor Extension project. The CONTRACTOR shall Bid Items 1 through 7 below separately and provide unit prices and a total sum for all work items. The CONTRACTOR is responsible for supplying all materials, equipment, and labor necessary for the complete construction and installation of all work as described in these specifications and as shown on the Construction Drawings. Payment for each work item will be made on either a unit price or lump sum basis, and only after that portion of the project has been completed. 1.SVE Drill Rig Mobilization/Demobilization: This task includes any and all temporary facilities and utilities, safety plans, and construction equipment required for this project. Payment for this work will be made on a lump sum basis. Fifty (50) percent of the lump sum price bid will be paid with the first payment request following satisfactory evidence of mobilization of sufficient labor, equipment, and material to adequately progress the work of this contract. Fifty (50) percent of the lump sum price bid will be paid with the Final Payment request once drilling has been completed. The price bid in the proposal for this item shall not exceed five (5) percent of the drilling total amount. 2.SVE Well Vertical Drilling and Completion: Supply all material, equipment and labor necessary for the drilling of approximately 432 vertical feet of SVE well as shown on the Construction Drawings. This item shall include all resources necessary to prepare access roads and drill rig pads, drilling the SVE well borings, and returning the drill location to its original condition. This item includes the installation of the well casing, backfill material, and finishing. This item does not include well vaults. Payment for this item shall be per vertical foot installed as measured from ground surface down to the bottom of the casing. Excess drill cuttings shall be hauled and disposed by the Contractor to a location on the Landfill property designated by the Owner. 3.Piping Crew Mobilization and Demobilization: This task includes any and all temporary facilities and utilities, safety plans, and construction equipment required for this project. Payment for this work will be made on a lump sum basis. Fifty (50) percent of the lump sum price bid will be paid with the first payment request following satisfactory evidence of mobilization of sufficient labor, equipment, and material to adequately progress the work of this contract. Fifty (50) percent of the lump sum price bid will be paid with the Final Payment request once all field construction has been completed. The price bid in the proposal for this item shall not exceed five (5) percent of the bid amount subtotal for field construction. 4.48” dia. Concrete SVE Well Vault with Spring Assisted Cover: Supply all materials, equipment and labor for the construction and installation of seven (7) SVE well vaults including sampling ports, sample valve, top of well transition and all associated fittings, 01029-2 excavation, backfilling, backfill material, dust control, gravel, finishing, and returning the site to its original condition. This item includes all materials as shown on the Construction Drawings This item also includes the HDPE to Stainless Steel transition fitting. Payment for this item shall be per unit installed. Excess excavation not used in backfill shall be hauled and disposed by the Contractor to a location on the Landfill property designated by the Owner. 5.4” SDR 17 HDPE pipe and fittings: Supply all materials, equipment and labor for the construction and installation of approximately 200 lineal feet of below grade 4” diameter HDPE SDR 17 piping as shown on the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, and returning the site to its original condition. Payment for this item shall be per lineal foot installed along the pipe centerline including the length through vaults. If municipal solid waste is encountered during excavation for this item, its removal and disposal is paid for separately. Excess excavation not used in backfill shall be hauled and disposed by the Contractor to a location on the Landfill property designated by the Owner. 6.6” SDR 17 HDPE pipe and fittings: Supply all materials, equipment and labor for the construction and installation of approximately 315 lineal feet of below grade 6" diameter HDPE SDR 17 piping as shown on the Construction Drawings. Include all labor and materials for the HDPE pipe, fittings, joining, and necessary trenching, excavation, shoring, backfill material, backfilling, compaction, and returning the site to its original condition. Payment for this item shall be per lineal foot installed along the pipe centerline including the length through vaults. If municipal solid waste is encountered during excavation for this item, its removal and disposal is paid for separately. Excess excavation not used in backfill shall be hauled and disposed by the Contractor to a location on the Landfill property designated by the Owner. 7.Corrugated 12” HDPE Sleeve: Supply all materials, equipment and labor to install 140 lineal feet of 12” HDPE N-12 pipe sleeve. as shown on the Construction Drawings. Include all labor and materials for the placing the corrugated pipe. Enclosed 6” HDPE pipe is paid separately. Payment for this item shall be per lineal foot installed. If municipal solid waste is encountered during excavation for this item, its removal and disposal is paid for separately. Excess excavation not used in backfill shall be hauled and disposed by the Contractor to a location on the Landfill property designated by the Owner. 8.Waste Excavation and Disposal. If any municipal solid waste is encountered during excavation, this item shall include excavating, loading, hauling, the waste to roll off containers provided by the Owner. The Owner will dispose of the roll off containers. Payment for this item shall be per ton of waste disposed at the Logan Landfill by the Owner as measured by the number of tons documented on weight tickets from the Landfill. 01029-3 1.02 NON-PAY ITEMS A.No separate payment will be made for items not specifically set forth in the bid proposal. Include costs for such items in prices named in the bid proposal for identified items of work. Items of work described in Contract Documents, but not listed in the Schedule of Work items of the bid form are, in general, applicable to more than one listed work item. Therefore, no separate work item is provided. Include costs of work not listed but necessary to complete the project per the Contract Document in listed Work items of the bid form. 1.03 TOTAL COST A.Bids for Work are intended to establish a total cost for the work in its entirety. Should the CONTRACTOR feel that the cost for the Work has not been completely established by specific items in the bid form, he shall include the cost for that work in some related bid item so that his bid proposal reflects the total cost for completing the Work in its entirety. 1.04 Quantity Overruns A.No payment will be made for quantity overruns unless work is expressly required by the Contract Documents or authorized in writing by the OWNER or OWNER’S Representative in advance of the work. 1.05 Progress Payments Because of the very short duration of this project, no progress payments will be made. Only one pay request will be processed following project completion. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION SECTION 01030 SPECIAL INSTRUCTIONS PART I-GENERAL 1.01 REQUIREMENTS INCLUDED These instructions are site specific for the Story Mill Road Landfill (Landfill). The CONTRACTOR shall comply with, but is not limited to; all Special Instructions listed in this Section. 1.02 SMOKING POLICY Smoking is not allowed on the Landfill. The smoking prohibition will be strictly enforced on this project due to the explosive nature of landfill gas. 1.03 SPECIAL CLEAN-UP Any trash generated on the project site by the CONTRACTOR, or his employees, will be cleaned up daily by the CONTRACTOR for disposal offsite. Mud and dirt tracked off-site by the CONTRACTOR, his equipment, or his employees will be cleaned up daily by the CONTRACTOR. Facility access roads and any other off- site roads will be scraped clean daily and washed down at least once per week. 1.04 LIMITING PUBLIC ACCESS All necessary precautions including barricades and/or traffic cones will be used to prevent the public from entering the working area. The CONTRACTOR is reminded that the landfill gas processing equipment area is a hazardous area containing explosive gases. 1.05 BIOHAZARDS The CONTRACTOR may encounter waste during construction of the System. Waste may contain biohazards such as medical waste or dead animals. The CONTRACTOR's Health and Safety Plan shall address the potential for contact with biohazards and the specific measures to be taken to protect the CONTRACTOR's workers, facility staff, and the public. 1.06 MATERIALS DELIVERY The CONTRACTOR is to have all materials delivered to the work site and/or staging area. The OWNER or ENGINEER will not accept delivery of materials. 01030-1 1.07 EMERGENCIES The CONTRACTOR will provide the ENGINEER with the phone numbers of at least two individuals who may be contacted in an emergency on a 24-hour, 7-day per week basis, including holidays. To prepare for emergencies, the CONTRACTOR will insure that his employees know the location of the nearest hospital, appropriate fire and fust aid equipment and emergency phone numbers. In the event of an emergency, such as damage or rupture of an existing gas pipeline, the CONTRACTOR shall immediately notify the ENGINEER and/or the Operator. Should such an emergency occur after hours, the CONTRACTOR shall notify the ENGINEER. This is in addition to the CONTRACTOR taking any appropriate immediate emergency response to correct the problem. 1.08 GENERAL SAFETY The CONTRACTOR shall be responsible for maintaining safety on the project site in accordance with the provisions of the contract and including OSHA and NFP A regulations. In addition, the CONTRACTOR shall supply all necessary safety equipment for his employees and any site visitors. Tool box safety meetings shall be performed and documented a minimum of once per week for all site personnel. 1.09 STORM DAMAGE The CONTRACTOR shall be responsible for the repair of any storm damage to the Work prior to the Final Acceptance by the ENGINEER and OWNER. Storm damage of stockpiled materials will also be responsibility of the CONTRACTOR. Prompt repair of any Storm damage shall be the responsibility of the CONTRACTOR, at no cost to the OWNER. 1.10 EQUIPMENT FUELING AND MAINTENANCE The CONTRACTOR shall fuel and maintain equipment in designated areas of the site as directed by the ENGINEER. The CONTRACTOR shall furnish and use drip pans for the fueling of vehicles or equipment. Any fuel spills will be immediately cleaned up, and the contaminated soil removed from the site by the CONTRACTOR at the CONTRACTOR's expense. The CONTRACTOR will not be allowed to place a temporary fuel tank on site. 1.11 SOIL FOR BACKFILL The CONTRACTOR may be required to obtain backfill soil complete the project. The cost to obtain and transport the soil shall be included in the project costs. 01030-2 1. 12 HEALTH AND SAFETY PLAN Prior to proceeding with the construction activities, the CONTRACTOR shall submit (for the ENGINEER's approval), a site Health & Safety Plan. The CONTRACTOR shall also allow a period of two weeks for the ENGINEER's review time. During the entire construction activity, the CONTRACTOR shall maintain at least one readily available copy of the Health & Safety Plan at the site at all times. END OF SECTION 01030-3 PART 1: GENERAL SECTION 01041 PROJECT COORDINATION 1.1 DESCRIPTION A.This section specifies the requirements for coordinating and sequencing the work under the Contract documents, and requirements regarding existing siteconditions. 1.2 COORDINATION WITH PUBLIC AND PRIVATE AGENCIES A. B. C. PART 2: PART 3: PART4: Comply with Article 7, General Conditions. Permit utility companies to repair or replace their lines in the project limits. Contact the Montana one-call system for utility locations before starting work. Comply with paragraph 6.20, General Conditions. PRODUCT -NOT USED EXECUTION -NOT USED MEASUREMENT AND PAYMENT -NOT USED END OF SECTION Section 01041 - 6th Edition PROJECT COORDINATION Page 1 of 1 PART 1-GENERAL 1.01 DESCRIPTION OF WORK SECTION 01050 FIELD ENGINEERING A. The CONTRACTOR shall provide field layout (lines and grades) of the work and maintain and preserve all stakes and other markers as required to complete the Work as requested bythe ENGINEER. B.The CONTRACTOR shall provide As-Built Record Drawings, as defined in the information for bidders and as specified in this Section. 1.02_ QUALIFICATIONS OF SURVEYOR A. CONTRACTOR shall employ and retain, as needed, at the site of the Work a surveyor with the experience and capability of performing all surveyor and layout tasks required ofCONTRACTOR. The surveyor shall be a land surveyor registered in the State of Montana. Tasks included are: 1. Provide all surveying equipment required including transit, level, stakes, and required surveying accessories. 2. Furnish all required lines and grades for construction of all facilities, structures, pipelines, and site improvements. 3. Keep professional, accurate, well organized, and legible notes of all measurements and calculations made while surveying and laying out the Work. B.Field layout shall be performed by or under the supervision of a land surveyor registered in Montana, acceptable to the ENGINEER. 1.03 SUBMITTALS A. The CONTRACTOR shall, at the request of the ENGINEER, submit documentation to verify accuracy of field engineering work. PART 2 -PRODUCTS Not Applicable. PART 3 -EXECUTION 3.01 SURVEY REFERENCE POINTS A. CONTRACTOR shall: 1. Provide civil, structural, and other professional engineering services specified, or required to execute CONTRACTOR's construction methods. 01050-1 2. Develop and make all detail surveys and measurements needed for construction including slope stakes, batter boards, and all other working lines, elevations, and cut sheets. 3. Provide all material required for benchmarks, control points, batter boards, grade stakes, structure and.pipeline elevation stakes, and other items. 4. Be solely responsible for all locations, dimensions and levels. No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Contract Documents. 5. Safeguard all points, stakes, grade marks, monuments, and benchmarks made or established on the Work. Re-establish same with the exception of primary control monuments if disturbed and rectify all Work improperly installed because of not maintaining, not protecting or removing without authorization established points, stakes, marks, and monuments. 6. Provide such facilities as may be necessary for the ENGINEER to check line and grade points placed by CONTRACTOR. 7. CONTRACTOR shall give notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work. If CONTRACTOR observes that the Contract Documents are at variance therewith, he shall promptly notify the ENGINEER, in writing. B. Existing horizontal and vertical control points for the Project are shown on the Drawings. C. The CONTRACTOR shall locate and protect control points prior to starting site work, and preserve all permanent reference points during construction. D. The CONTRACTOR shall make no changes or relocations to control points without prior written approval from the ENGINEER. E. The CONTRACTOR shall report to the ENGINEER when any control point is lost or destroyed, or requires relocation because of necessary changes in grades or locations. F. The CONTRACTOR shall replace Project control points that may be lost or destroyed at no additional cost to the OWNER. Replacements shall be re-established based on original survey control. G. CONTRACTOR shall establish and maintain a minimum of two permanent benchmarks at locations approved by the ENGINEER. Horizontal and vertical locations of the benchmarks shall be recorded on the As-Built Record Drawings. 3.02 PROJECT SURVEY REQUIREMENTS A. Establishment of lines and levels, located and laid out, by instrumentation and similar appropriate means for all Work indicated by the Drawings and in accordance with the Specifications. B. As construction proceeds, check every element for line, level, and plumb. 01050-2 C. Locations of existing pipelines, sewers, culverts, and other utilities shown on the Drawingsare approximate and shall be field-verified by the CONTRACTOR prior to construction as required to complete the Work. As-Built Drawings of discovered utilities shall be submitted to the ENGINEER. D. The CONTRACTOR shall maintain a complete, accurate log of all control and surveywork as it progresses. E.At the request of the ENGINEER, the Surveyor shall submit documentation to verifyaccuracy of field engineering work. F. As-built Drawings shall be at a scale used in the Project Drawings, unless otherwiseapproved by the ENGINEER. G. As-built Drawings shall be certified by the Surveyor and shall show dimensions, locations,angles, and elevations of all construction and site Work. H. The Surveyor shall submit As-built dimensions, locations, angles, and elevations of construction and site Work in electronic format. Electronic files shall be AutoCAD compatible (i.e. dxf format) END OF SECTION 01050-3 PART 1-GENERAL 1.01 SUMMARY SECTION 01052 LAYOUT OF WORK AND SURVEYS A. Section includes general requirements for _ survey work to be performed by the CONTRACTOR. 1. Set offset stakes, slope stakes, and grade stakes for field layout of features of the Work. 2. Perform surveys for interim measurement of pay quantities if in disagreement withENGINEER's estimates. 3. Perform surveys to record as-built conditions of the project. 1.02 DESCRIPTION A. Reference Points: Prior to construction, verify with the ENGINEER the locations of sitereference points and survey control points as specified in Section O 1050. Notify the ENGINEER if survey control points are damaged upon discovery. Also notify the ENGINEER of any damage caused by the CONTRACTOR, then repair or replace control points at no additional cost to the OWNER. B.The ENGINEER reserves the right to perform any desired checking and correction of the CONTRACTOR's surveys but this does not relieve the CONTRACTOR of the responsibility for adequate performance of the Work. C. Equipment and Personnel: Provide instruments and other survey equipment that is accurate, suitable for the surveys required in accordance with recognized professional standards, and in proper condition and adjustment at all times. Perform Work under the direct supervision of a licensed surveyor registered in the State of Montana. Provide the ENGINEER with calibration certificates for all equipment utilized during construction. Submit certificates under provisions of Section 01300. D. Field Notes and Records: Record surveys in field notebooks and provide copies of such records to the ENGINEER at intervals required by the OWNER. Furnish each field notebook to the ENGINEER when filled or completed. Electronic notes may be used if printouts are furnished to the ENGINEER and if the format of the printed information is approved by the ENGINEER. E.Use by the ENGINEER: The ENGINEER may at any time use line and grade points and markers established by the CONTRACTOR. The CONTRACTOR's surveys are a part of the Work and may be checked by the OWNER or representatives of the OWNER at any time. The CONTRACTOR is responsible for (1) any lines, grades, or measurements that do not comply with specified design criteria or proper tolerances, or which are otherwisedefective, and (2) for any resultant defects in the Work. The CONTRACTOR will be required to conduct re-surveys or check surveys to correct errors indicated by review of the field notebooks or otherwise detected at no additional cost to the OWNER. 01052-1 F. The written dimensions on the Drawings are presumed correct, but the CONTRACTORshall be required to check all dimensions carefully before beginning the work. If anyerrors or omissions are discovered, the ENGINEER shall be so advised in writing and shallmake the proper corrections. 1.03 SURVEYS FOR LAYOUT AND PERFORMANCE OF WORK A. Perform surveys for layout and performance of the Wark, reduce the field notes, makenecessary calculations, and prepare drawings necessary to carry out such work. 1.04 SURVEYS FOR RECORD DRA WINGS A. When the Specifications require items of Work to be measured by surveying methods, theCONTRACTOR will perform the surveys and perform necessary calculations to determinepayment quantities. The ENGINEER reserves the right to perform independent checks. B. Provide As-Built Record Drawings to the ENGINEER upon completion of each majorconstruction element of the project: C. CONTRACTOR shall maintain a current copy of As-Built Record Drawings on-site at alltimes as defined in the information for bidders. 1.05 SURVEYING ACCURACY AND TOLERANCES IN SETTING OF SURVEY STAKES A. Perform control traverse field surveys and computations to an accuracy of at least1:10,000. B. The tolerances applicable in setting survey stakes are set forth below. Such tolerances do not supersede stricter tolerances required by the Drawings or Specifications, and do nototherwise relieve the CONTRACTOR of responsibility for measurements in compliancetherewith. Type of Mark Permanent reference points General excavation and earthwork Horizontal Position 1 in 10,000 1 in 2,000 Elevation ±0.01 ft ±0.10 ft C. Tolerances for designed thickness, elevations and design locations shown on the Drawingsare ±0.04 foot. 1.06 MONITORING DEVICE AND LANDSCAPE PROTECTION A. Prior to beginning of any site Work, locate all monitoring wells, gas extraction wells,piezometers, utility boxes, valve boxes, irrigation network components, or other utilities.All landscaping shall be protected during construction. B. Install markers identifying the location of these devices. C. The purpose of the Wark is to protect these items during construction. D. The CONTRACTOR, at no additional cost to the OWNER, will replace any itemsdamaged during construction by the CONTRACTOR. 01052-2 E. An example replacement cost for a groundwater monitoring well is approximately $85,000; a gas monitoring well is approximately $8,000. 1.07 COORDINATION WITH CITY OF BOZEMAN A. Keep the ENGINEER informed on progress of survey Work to allow the ENGINEER sufficient time and ample opportunity to verify survey work without inconvenience or delay to CONTRACTOR. PART 2 -PRODUCTS Not used. PART 3 -EXECUTION Not used. END OF SECTION 01052-3 SECTION 01095 DEFINITIONS AND STANDARDS PART 1-GENERAL 1.01 DESCRIPTION A. OWNER definitions are provided in the appropriate sections of these Specifications. B.Abbreviations and acronyms are sometimes used in the Specifications to identify reference standards. Implied words and meanings shall be interpreted as appropriate. C. When a standard is specified by reference, the CONTRACTOR shall comply withrequirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents, or when applicable codes established more strict standards. D. When published standards are referenced, the publication in effect on the date of issue ofContract Documents shall apply unless specified otherwise. 1.02 ABBREVIATIONS, NAMES, AND ADDRESSES OF ORGANIZATIONS The CONTRACTOR shall obtain copies of referenced standard direct from the publication source, when needed for proper performance of Work, or when required for submittal by Contract Documents. A. AASHTO ACI AFBMA AGA AISC ANSI ASHRAE ASME ASCE ASTM AWG AWS AWWA BTU CGA CI CPM CSA CSP FM FRP HDPE IEEE ABBREVIATIONS AND REFERENCES American Association of State Highway and Transportation Officials American Concrete Institute Anti-Friction Bearings Manufacturer's Association American Gas Association American Institute of Steel Constructors American National Standards Institute American Society of Heating, Refrigeration, and Air Conditioning ENGINEERs American Society of Mechanical ENGINEERs American Society of Civil Engineers American Society for Testing and Materials American Wire Gauge American Welding Society American Water Works Association British Thermal Unit Compressed Gas Association Cast Iron Critical Path Method Canadian Standards Association Corrugated Steel Pipe Factory Mutual Research Corporation Fiberglass Reinforced Plastic High Density Polyethylene Institute of Electrical and Electronics Engineers 01095-1 IPS LFG MDEQ MDOT NBS NEC NEMA NFPA NLGI O&M OSHA P&ID PVC ROW SAE SS,SST UL USASI USEPA Iron Pipe Size Landfill Gas Montana Department of Environmental Quality Montana Department of Transportation National Bureau of Standards National Electrical Code National Electrical Manufacturers' Association National Fire Protection Association National Lubricating Grease Institute Operations and Maintenance Occupational Safety and Health Administration Piping and Instrumentation Diagram Polyvinyl Chloride RightofWay Society of Automotive Engineers Stainless Steel Underwriters' Laboratories, Inc. USA Standards Institute United States Environmental Protection Agency 1.03 REFERENCES A. Latest version of American Society for Testing and Materials (ASTM) standards: 1. ASTM A 351, Standard Specifications for Castings, Austenitic, Austenitic-Ferritic(Duplex), for Pressure-Containing Parts. 2. ASTM 421, Standard for Dry Prep of Soil Samples for Particle-Size Analysis and Determination of Soil Constants. 3. ASTM D 422, Standard Test Method for Particle-Size Analysis of Soils. 4. ASTM D 638, Standard Test Method for Tensile Properties of Plastics. 5. ASTM D 698, Test Method for Laboratory Compaction Characteristics of SoilUsing Standard Effort (12,400 ft-lb/ft3 [600 kN-m/m3]). 6. ASTM D792, Standard Test Methods for Density and Specific Gravity (RelativeDensity) of Plastics by Displacement. 7. ASTM D 1004, Standard Test Method of Initial Tear Resistance of Plastic Film and Sheeting. 8. ASTM Dl 140, Standard Test Method for Amount of Material in Soils Finer than the No. 200 (75-um) Sieve. 9. ASTM D1238, Standard Test Method for Flow Rates of Thermoplastics byExtrusion Plastometer. 10. ASTM D1248, Standard Specification for Polyethylene Plastics Extrusion Materials for Wire and Cable. 01095-2 11. ASTM D1505, Standard Test Method for Density of Plastics by the Density-Gradient Technique. 12. ASTM D 1556, Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method. 13. ASTM D 1557, Test Method for Laboratory Compaction Characteristics of SoilUsing Modified Effort (56,000 ft-lb/ft3 [2,700 kN-m/m3]). 14. ASTM D 1587, Standard Practice for Thin-Walled Tube Sampling of Soils for Geotechnical Purposes. 15. ASTM D 1603, Standard Test Method for Carbon Black in Olefin Plastics. 16. ASTM D 1693, Standard Test Method for Environmental Stress-Cracking ofEthylene Plastics. 17. ASTM D 1777, Standard Method for Measuring Thickness of Textile Materials. 18. ASTM D 1785, Standard Specification for Polyvinyl Chloride (PVC) Plastic Pipe,Schedule 80. 19. ASTM D 2216, Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock. 20.ASTM D 2434, Standard Test Method for Permeability of Granular Soils (Constant Head). 21.ASTM 2466, Standard Specification for Polyvinyl Chloride and D-2467 (PVC) Plastic Pipe Fittings, Schedule 80. 22.ASTM D 2487, Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System). 23. ASTM D 2488, Standard Practice for Description and Identification of Soils(Visual-Manual Procedure). 24. ASTM D 2564, Standard Specification for Solvent Cement for Polyvinyl Chloride(PVC) Plastic Pipe and Fittings. 25. ASTM D 2657, Standard Practice for Heat-Joining for Polyolefin Pipe and Fillings. 26.ASTM D 2837, Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 27.ASTM D 2855, Standard Practice for Making Solvent-Cemented Joints with Polyvinyl Chloride (PVC) Pipe and Fittings. 28. ASTM D 2922, Standard Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). 29.ASTM D 2937, Standard Test Method for Density of Soil in Place by the Drive-Cylinder Method. 01095-3 30. ASTM D 3017, Standard Test Method for Water Content of Soil and Rock in Placeby Nuclear Methods (Shallow Depth). 31. ASTM D 3042, Test Method for Insoluble Residue in Carbonate Aggregates. 32. ASTM D 3350, Standard Specification for Polyethylene Plastics Pipe and FittingMaterials. 33.ASTM D 3776, Standard Test Method for Measuring Mass Per Unit Area (Weight) of Woven Fabric. 34. ASTM D 3786, Standard Test Method for Hydraulic Bursting Strength of Knitted Goods and Nonwoven Fabric-Diaphragm Bursting Strength Tester Method. 35. ASTM D 4218, Standard Test Method for Determination of Carbon Black Content in Polyethylene Compounds By the Muffle-Furnace Technique. 36. ASTM D 4220, Standard Practices for Preserving and Transporting Soil Samples. 37. ASTM D 4318, Standard Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils. 38. ASTM D 4354, Standard Practice for Sampling of Geosynthetics for Testing. 39. ASTM D 4355, Standard Test Method for Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water (Xenon-Arc Type Apparatus). 40.ASTM D 4491, Standard Test Method for Water Permeability of Geotextiles byPermittivity. 41.ASTM D 4533, Standard Test Method for Trapezoidal Tearing Strength of Geo textiles. 42.ASTM D 4632, Standard Test Method for Grab Breaking Load and Elongation ofGeo textiles. 43.ASTM D 4716, Standard Test Method for Determining the (In-plane) Flow Rateper Unit Width and Hydraulic Transmissivity of a Geosynthetic Using a Constant Head. 44.ASTM D 4718, Standard Practice for Correction of Unit Weight and Water Content for Soils Containing Oversize Particles. 45.ASTM D 4751, Standard Test Method for Determining Apparent Opening Size of a Geo textile. 46.ASTM D 4833, Standard Test Method for Index Puncture Resistance ofGeotextiles, Geomembranes, and Related Products. 47.ASTM D 5080, Standard Test Method for Rapid Determination of Percent Compaction. 01095-4 48.ASTM D 5093, Standard Test Method for Field Measurement of Infiltration Rate Using a Double-Ring lnfiltrometer with a Sealed-Inner Ring. 49.ASMT D 5199, Standard Test Method for Measuring Nominal Thickness ofGeosynthetics. 50. ASTM D 5261, Standard Test Method for Measuring Mass Per Unit Area ofGeo textiles. 51. ASTM D 5321, Standard Test Method for Determining the Coefficient of Soil and Geosynthetic or Geosynthetic and Geosynthetic Friction by the Direct ShearMethod. 52. ASTM D 5397, Standard Test Method for Evaluation of Stress Crack Resistance of Polyolefin Geomembranes Using Notched Constant Tensile Load Test. 53.ASTM D 5596, Standard Test Method for Microscopic Evaluation of the Dispersion of Carbon Black in Polyolefin Geosynthetics. 54. ASTM D 5890, Standard Test Method for Swell Index of Clay Mineral Component of Geosynthetic Clay Liners. 55. ASTM D 5891, Standard Test Method for Fluid Loss of Clay Component of Geosynthetic Clay Liners. 56. ASTM D5887, Standard Test Method For Measurement of Index Flux Through Saturated Geosynthetic Clay Liner Specimens Using a Flexible Wall Permeameter. 57. ASTM D 5993, Standard Test Method for Measuring Mass Per Unit ofGeosynthetic Clay Liners. 58. ASTM D5994, Standard Test Method for Measuring Core Thickness of TexturedGeomembrane. 59. ASTM D 6243, Standard Test Method for Determining the Internal and InterfaceShear Resistance of Geosynthetic Clay Liner by the Direct Shear Method. 60.ASTM D 6392, Standard Test Method for Determining the Integrity of Nonreinforced Geomembrane Seams Produced Using Thermo-Fusion Methods. 61. ASTM D 6693, Standard Test Method for Determining Tensile Properties ofNonreinforced Polyethylene and Nonreinforced Flexible PolypropyleneGeomembranes. 62. ASTM F656, Standard Specification for Primers for Use in Solvent Cement Jointsat Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. 63.ASTM F714, Standard Specification for Polyethylene (PE) Plastics Pipe (SDR-PR) Based on Outside Diameter. 64. ASTM F904, Standard Test Method for Comparison of Bond Strength or Ply Adhesion of Similar Laminates Made from Flexible Materials. 01095-5 B.Daniel, D.E. and R.M. Koerner, (1993), Technical Guidance Document: Quality Assurance and Quality Control for Waste Containment Facilities, EPA/600/R-93/182. C. USEPA, (1991), Technical Guidance Document: Inspection Techniques for the Fabrication ofGeomembrane Field Seams, EPQ/530/SW-91/051. D. Geosynthetic Research Institute Test Method GM6, "Pressurized Air Channel Test forDual Seamed Geomembranes." E. Geosynthetic Research Institute Test Method GC7, "Determination of Adhesion and BondStrength of Geocomposites." 1.04 OTHER DEFINITIONS A.Base Course: The upper course of the granular base of a pavement or the lower course of an asphalt concrete pavement structure. B.Batch: A quantity of resin, usually the capacity of one railcar, used in the fabrication of high density polyethylene (HDPE) geomembrane or geonet rolls. Each finished roll will be identified by a number corresponding to the resin batch. C.Bridging: Refers to either an incomplete compaction of material that leaves void pockets beneath a granular material or where geosynthetic material is not in complete contact with the underlying materials. D.Contractor: The individual, firm, partnership, corporation or combination thereof entering into a contract with the Contracting Agency to perform the advertised work. E.Culvert: Any structure not classified as a bridge, which provides an opening under or adjacent to the roadway. F.Full Depth Pavement: An asphalt concrete pavement structure in which the granular base and subbase are replaced by proportionate thicknesses of asphalt concrete. G.Furnish: Purchase, supply and deliver to the Project Site, ready for unloading, unpacking, assembly, installation, and similar operations. H.Install: Operations at the Project Site including unloading, unpacking, assembly, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. I.Pavement: Any surfacing of streets, alleys, sidewalks, courts, driveways, etc., consisting of mineral aggregate bound into a rigid or semi-rigid mass by a suitable binder such as, but not limited to, Portland cement or asphalt cement. J.Pavement Structure: The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed. K.Plans: All approved drawings or reproductions thereof pertaining to the work and details therefore, which are made a part of the Contract Documents. 01095-6 L.Profile Grade: The trace of a vertical plan intersecting the top surface of the proposed wearing surface, usually along the longitudinal centerline of the roadbed. Profile grade means either elevation or gradient of such trace according to the context. M. Right-of-way: A general term denoting land, property, or interest therein, usually in astrip, acquired for or devoted to a street, highway, or other public improvement. N. Road: A general term denoting a public way for purposes of vehicular travel, including the entire area within the Right-of-way. 0. Roadway: The proportion of the Right-of-way intended primarily for vehicular traffic, and including all appurtenant structures and other features necessary for proper drainage and protection. Where curbs exist, it is that portion of roadway between the faces of the curbs. P. Shoulder: The portion of the Roadway contiguous with the traveled way foraccommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. Q. Storm Drain: Any conduit and appurtenance intended for the reception and transfer ofstorm water. R. Subbase: The lower course of the base of a roadway, immediately above the Subgrade. S.Subgrade: The supporting structures on which the pavement and its special undercourses rest. T. Surface Course: The finished or wearing course of an asphalt concrete pavement structure. U. Traveled Way: The portion of the Roadway for the movement of vehicles, exclusive of Shoulders and auxiliary lanes. V. Utility: Pipe lines, conduits, ducts, transmission lines, overhead or underground wires,railroads, storm drains, sanitary sewers, irrigation facilities, street lighting, traffic signals,and fire alarm systems, and appurtenances of public utilities and those of private industry, businesses or individuals solely for their own use or use of their customers which are operated or maintained in, on, under, over or across public Right-of-way or public or private easement. W. Provide: To furnish and install, complete and ready for the intended use. X.Installer: The CONTRACTOR or another entity engaged by the CONTRACTOR, either as an employee, Subcontractor, or CONTRACTOR of lower tier, to perform a particularconstruction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. Y.Experienced: The term experienced, when used with the term Installer, means having aminimum of 5 previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authorities having jurisdiction. Z. Project Site: Is the space available for performing construction activities, either exclusively or in conjunction with others performing work as part of the Project. The extent of the 01095-7 Project Site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. AA. Specifications: This refers to this document or parts thereof or to a second document source. BB. Obstructions: Shall mean existing features, utilities, canals, power lines, buried pipelines, gas lines, water lines, buried communications, public roads, etc. CC. Compaction: Shall mean the process of increasing the density or unit weight of soil by rolling, tamping, vibrating, or other mechanical means. DD. Unit Weight: Shall mean the weight of a soil weight per unit volume, usually expressed in lb/ft3 or kN/m3• EE. Extrusion Weld: Shall mean a bond between two high density polyethylene (HDPE) materials which is achieved by extruding a bead of HDPE over the leading edge of the seam between the upper and lower sheet using a hand held apparatus. FF. Fusion Weld: Shall mean a bond between two high density polyethylene (HDPE) materials which is achieved by fusing both HDPE surfaces in a homogenous bond of the two surfaces using a power driven apparatus capable of heating and compressing the overlapped portions of the Geomembrane sheets. GG. HDPE Geomembrane or Geomembrane: Shall mean a relatively impermeable thin sheet of high density polyethylene used as a barrier liner or cover to prevent liquid or vapor migration into or from liquid or solid storage facilities. HH. In Situ: Shall mean in-place naturally. II. Moisture Content: Shall mean the ratio of weight of water in the soil to the weight of the soil solids (dry soil), expressed in percentage; also referred to as water content. JJ. Textured Geomembrane: Shall mean Geomembrane with roughened, high-friction surfacescreated by co-extrusion, impingement, lamination or other methods approved by theENGINEER. KK. Owner: The City of Bozeman. LL.Geomembrane: A very low permeability synthetic liner or barrier used to minimize fluidmigration in civil engineering works. MM. Record Drawings: Drawing recording the dimensions, details, and coordinates of the facility after construction is completed. NN. Engineer: The individual who is lawfully licensed to practice engineering, and is under contract to the OWNER to provide professional services as defined in the Contract Documents, under the direction of the City Project Manager, and in making recommendations to the City Project Manager. The term Engineer means the engineer or his or her authorized representative. 00. Operations Layer: See Protective Layer. 01095-8 PP. Protective Layer: The operation layer placed on top of the lining system to protect the liners from protruding objects or to protect liner from damage done by operations equipment during placement and compaction of waste. Also known as Operations Layer, Protective Soil, Protective Materials. QQ. Protective Soil: See Protective Layer. RR. Protective Material: See Protective Layer. PART 2-PRODUCTS (Not Applicable) PART 3 -EXECUTION (Not Applicable) END OF SECTION 01095-9 SECTION 01300 SUBMITTALS PART 1-GENERAL 1.01 SUMMARY A. General: 1. Section includes: a. Requirements and procedures of the submittal process for Shop Drawings, operation and maintenance manuals, and miscellaneous submittal items. B.Related Sections include but are not necessarily limited to: 1. Division 1 -General Requirements. 2. Sections in Divisions 2 through 16 identifying required submittals. 1.02 DEFINITIONS A. Shop Drawings: 1. See General Conditions. 2. Product data and samples are Shop Drawing information. B.Miscellaneous Submittals: 1. Submittals other than Shop Drawings: 2. Representative types of miscellaneous submittal items may include but are not limited to: a. Construction schedule. b. Concrete, soil compaction and pressure test reports. c. Installed equipment and systems performance test reports. d. Manufacturer's installation certification letters. e. Instrumentation and control commissioning reports. f. Warranties. g. Service agreements. h. Cost breakdown (Schedule of Values). i. Traffic Control Plan 01300-1 j.Proposed Products List and Product Data. k. Soil Samples. 1. Survey Equipment Certification. m. Health & Safety Plan n. Pipe Testing Protocol o. Schedule of Submittals 1.03 TRANSMITTALS A. Shop Drawings and Operation and Maintenance Manuals: 1. Transmit each submittal with a transmittal form. Provide three (3) copies of each submittal. 2. All transmittals must be from CONTRACTOR and bear his approval stamp and signed or initialed. a. Shop Drawing transmittal stamp shall read "(Contractor's Name) has satisfied Contractor's obligation under the Contract Documents with respect to Contractor's review and approval. This review will include, but is not limited to, verification of products required, field dimensions, adjacent construction work, and coordination of information with all trades. b. Operation and Maintenance Manual transmittal stamp may be CONTRACTOR's standard approval stamp. 3. Provide submittal information defining CONTRACTOR supplied equipment or materials utilized on the project. Generalized product information not clearlydefining specific equipment or materials to be provided will be rejected. 4. Calculations required in individual specification sections will be received for information purposes only and will be returned stamped "E. Engineer's ReviewNot Required" to acknowledge receipt. 5. Submittal schedule: a. Schedule of Shop Drawings for CONTRACTOR supplied equipment: 1) Submitted and approved within 20 days of receipt of Notice to Proceed. 2) Account for multiple transmittals under any specification section where partial submittals will be transmitted. b. Shop Drawings: 01300-2 1) Submittal and approval prior to 50 percent completion. c. Operation and Maintenance Manuals and Equipment Record Sheets: 1) Initial submittal within 60 days after date Shop Drawings are approved. d. Schedule submittals to expedite the Project and deliver in the time frame specified. Coordinate submission of related items. B.Miscellaneous Submittals: 1. Transmit under CONTRACTOR's standard letter of transmittal or letterhead. 2. Submit in triplicate or as specified in individual specification section. 1.04 PREPARATION OF SUBMITT ALS A. Shop Drawings: 1. Scope of any letter of transmittal: a. Limited to one Specification Section. b. Do not submit under any Specification Section entitled (in part) "BasicRequirements." 2. Numbering letter of transmittal: a. Include as prefix the specification section number followed by "-xx"beginning with "01." b. If more than one submittal under any specification section, number transmittals consecutively. 3. Describing transmittal contents: a. Provide listing of each component or item in submittal capable of receivingan independent review action. b. Identify for each item: 1) Manufacturer and Manufacturer's drawing or data number. 2) Contract Document tag number(s). 3) Contract Drawings Section or detail number if appropriate. 4) Specification Article/Paragraph number if appropriate. 01300-3 4. Resubmittals: a. Number with original root number and a suffix letter starting with "A" on a(new) duplicate transmittal form. b. Do not increase the scope of any prior transmittal. c. Account for all components of prior transmittal. 1) If items in prior transmittal received "A" or "B" Action code, listthem and indicate "A" or "B" as appropriate. a) Do not include submittal information for items with prior "A" or "B" Action in transmittal. 2) Indicate "Outstanding-To Be Resubmitted At a Later Date" for anyprior "C" or "D" Action item not included in resubmittal. a) Obtain ENGINEER's prior approval to exclude items. 5. For 8-1/2 x 11 inch size sheets, provide four copies of each page for ENGINEERplus the number required by the CONTRACTOR. The number of copies required by the CONTRACTOR will be defined at the Preconstruction Conference, but shall not exceed 10. 6. For items not covered in Paragraph 1.04-A.5 submit one reproducible transparencyand one print of each Drawing until approval is obtained. Utilize mailing tube; do not fold. The ENGINEER will mark and return the reproducible to the CONTRACTOR for his reproduction and distribution. 7. Provide clear space (3 inch square) for ENGINEER stamping of each component defined in 1.04-A.4. 8. CONTRACTOR shall not use red color for marks on transmittals. Duplicate allmarks on all copies transmitted, and ensure marks are photocopy reproducible.Outline CONTRACTOR marks on reproducible transparencies with a rectangular box. 9. Provide space on all submittals for CONTRACTOR and ENGINEER review stamps. 10. Identify variations from Contract Documents and product or system limitations that may be detrimental to successful performance of the completed work. 11. Copies of reviewed submittals will be distributed by General Contractor as appropriate. Parties receiving reviewed submittals to be instructed to report any inability to comply with provisions. 12. Transmittal contents: 01300-4 a. Coordinate and identify Shop Drawing contents so that all items can beeasily verified by the ENGINEER. b. Identify equipment or material use, tag number, Drawing detail reference,weight, and other project specific information. c. Provide sufficient information together with technical cuts and technicaldata to allow an evaluation to be made to determine that the item submittedis in compliance with the Contract Documents. d. Submit items like equipment brochures, cuts of fixtures, product data sheetsor catalog sheets on 8-1/2 x 11 inch pages. Indicate exact items or modeland all options proposed. e. Include legible scale details, sizes, dimensions, performance characteristics,capacities, test data, anchoring details, installation instructions, storage andhandling instructions, color charts, layout drawings, parts catalogs, rough-indiagrams, writing diagrams, controls, weights, and other pertinent data.Arrange data and performance information in format similar to thatprovided in Contract Documents. Provide, at minimum, the detail providedin the Contract Documents. f. If proposed equipment or materials deviate from the Contract Drawings orSpecifications in any way, clearly note the deviation and justify the saiddeviation in detail in a separate letter immediately following transmittalsheet. B. Samples: 1. Identification: a. Identify sample as to transmittal number, manufacturer, item, use, type,project designation, tag number, -Standard Specification section or Drawingdetail reference, color, range, texture, finish, and other pertinent data. b. If identifying information cannot be marked directly on sample withoutdefacing or adversely altering samples, provide a durable tag withidentifying information securely attached to the sample. 2. Include application specific brochures and installation instructions. 3. Provide Contractor's stamp of approval on samples or transmittal form as indication of CONTRACTOR's checking and verification of dimensions andcoordination with interrelated work. 4. Resubmit samples of rejected items. C. Operation and Maintenance Manuals: 1. The CONTRACTOR shall submit Operation & Maintenance Manuals for allCONTRACTOR supplied equipment. 01300-5 2. Number transmittals for Operation and Maintenance Manual with original root number of the approved Shop Drawing for the item. 3. Submit two copies until approval is received. 4. Identify resubmittals with the original number plus a suffix letter starting with "A". 5. Submit Operations and Maintenance Manuals printed on 8-1/2 x 11 inch size heavyfirst quality paper with standard three-hole punching and bound in stiff metal hinged binder constructed as a three-ring style. Provide binders with titles on front and on spine of binder. Tab each section of manuals for easy reference with plastic-coated dividers. Provide index for each manual. Provide plastic sheet lifters prior to first page and following last page. 6. Reduce Drawings or diagrams bound in manuals to an 8-1/2 x 11 inch or 11 x 17 inch size. However, where reduction is not practical to ensure readability, fold larger Drawings separately and place in vinyl envelopes which are bound into the binder. Identify vinyl envelopes with Drawing numbers. 7. Transmittal Content: a. Submission of Operation and Maintenance Manuals is applicable but not necessarily limited to: 1) Major equipment. 2) Equipment used with electrical motor loads of 1/6 HP nameplate or greater. 3) Specialized equipment including instrumentation and control system components. b. Operation and maintenance manuals shall include, but not necessarily be limited to, the following detailed information, as applicable: 1) Equipment function, normal operating characteristics, limiting operations. 2) Assembly, disassembly, installation, alignment, adjustment, and checking instructions. 3) Operating instructions for start-up, routine and normal operation, regulation and control, shutdown, and emergency conditions. 4) Lubrication and maintenance instructions. 5) Guide to "troubleshooting." 6) Parts list and predicted life of parts subject to wear. 7) Outline, cross-section, and assembly Drawings; engineering data; and electrical diagrams, including elementary diagrams, wiring 01300-6 diagrams, connection diagrams, word description of wiring diagrams, and interconnection diagrams. 8) Test data and performance curves. 9) A list of recommended spare parts with a price list and a list of spare parts provided under these specifications. 10) Copies of installation instructions, parts lists or other documents packed with equipment when delivered. 11) Instrumentation or tag numbers relating the equipment back to the Contract Documents. 12) Complete maintenance requirements in detail. Simple reference to the Manual is not acceptable. 1.05 ENGINEER'S REVIEW ACTION A. Shop Drawings and Samples: 1. Items within transmittals will be reviewed for overall design intent and will receiveone of the following actions: a. A -FURNISH AS SUBMITTED. b. B -FURNISH AS NOTED (BY ENGINEER). c. C -REVISE AND RESUBMIT. d. D -REJECTED. e. E -ENGINEER'S REVIEW NOT REQUIRED. 2. ENGINEER will review and process all submittals promptly. Allow 14 calendar days review time for each submittal excluding delivery time to and from the CONTRACTOR. 3. Transmittals received will be initially reviewed to ascertain inclusion ofCONTRACTOR's approval stamp. Drawings not stamped by the CONTRACTOR or stamped with a stamp containing language other than that specified in Paragraph 1.03-A.2.a will not be reviewed for technical content and will be returned without any action. 4. Transmittals returned with Action "A" or "B" are considered ready for fabrication and installation. If for any reason a transmittal that has an "A" or "B" Action is resubmitted, it must be accompanied by a letter defining the changes that have been made and the reason for the resubmittal. Destroy or conspicuously mark "SUPERSEDED" all documents having previously received "A" or "B" Action that are superseded by a resubmittal. 01300-7 5. Transmittals with Action "A" or "B" combined with Action "C" (Revise and Resubmit) or "D" (Rejected) will be individually analyzed giving consideration as follows: a. The portion of the transmittal given "C" or "D" will not be distributed (unless previously agreed to otherwise at the Preconstruction Conference). One copy or the ·one transparency of the "C" or "D" Drawings w11l be marked up and returned to the Contractor. Correct and resubmit items so marked. b. Items marked "A" or "B" will be fully distributed. c. If a portion of the items or system proposed are acceptable, however, the major part of the individual Drawings or documents are incomplete or require revision, the entire submittal may be given "C" or "D" Action. This is at the sole discretion of the ENGINEER. In this case, some Drawings may contain relatively few or no comments or the statement, "Resubmit to maintain a complete package." Distribution to the OWNER and field willnot be made (unless previously agree to otherwise). 6. Failure to include any specific information specified under the submittal paragraphs of the specifications will result in the transmittal being returned to the CONTRACTOR with "C" or "D" Action. 7. Transmittals such as submittals which the ENGINEER considers as "Not Required," submittal information which is supplemental to but not essential to prior submitted information, or items of information in a transmittal which have been reviewed and received "A" or "B" Action in a prior transmittal, will be returned with Action "E. Engineer's Review Not Required." 8. Samples may be retained for comparison purposes. Remove samples when directed. Include in bid all costs of furnishing and removing samples. 9. Approved samples submitted or constructed, constitute criteria for judging completed work. Finished work or items not equal to samples will be rejected. B. Operation and Maintenance Manuals: 1. Engineer will review and indicate one of the following review actions: a. ACCEPT ABLE. b. FURNISH AS NOTED. c. REVIEW AND RESUBMIT. d. REJECTED. 2. Acceptable submittals will be retained with the transmittal form returned with a request for five additional copies. 01300-8 3. Deficient submittals will be returned along with the transmittal form which will be marked to indicate deficient areas. PART 2 -PRODUCTS 2.01 CONSTRUCTION PROGRESS SCHEDULES A Submit initial critical path method (CPM) schedule in duplicate at the Pre-construction meeting after date of execution of Agreement. The critical path construction tasks shall be clearly identified. B.Construction operations will be scheduled to allow uninterrupted operation of existingadjacent facilities. 1. Coordinate connections with existing work to ensure timely completion ofinterfaced items. C. At no time shall CONTRACTOR or his employees modify operation of the existing facilities or start construction modifications without approval of the OWNER except in emergency to prevent or minimize damage. D. Within 10 days prior to construction startup, CONTRACTOR to submit for approval aCPM schedule with the critical path tasks clearly identified. 1. Schedule to include any information discussed in preconstruction meeting. 2. Account for schedule of Subcontracts. a. Include proper sequence of construction, various crafts, purchasing time, Shop Drawing approval, material delivery, equipment fabrication, startup, demonstration, and similar time consuming factors. 3. Show on schedule as a minimum, earliest starting, earliest completion, latest starting, latest finish, and free and total float for each task or item. E.Evaluate schedule as necessary to reflect changes in Scope of Work, but no less than bi-weekly. 1. Show changes since previous submittal including major scope changes, activitiesmodified since previous submittal and other identifiable changes. 2. Update, correct, and rerun schedule and submit to ENGINEER in triplicate with pay application to show rescheduling necessary to reflect true job conditions. 3. When shortening of various time intervals is necessary to correct for behind schedule conditions, indicate actions to implement to accomplish work in shorter duration. 4. Information shall be submitted to ENGINEER in writing with revised schedule. a. Review progress schedules during progress meetings. 01300-9 b. Submit a computer-generated graphic type schedule with separate line for each item of Work or operation identifying first work day of each week. c. Show complete sequence of construction by activity, identifying Work ofseparate stages and other logically grouped activities. 1) Indicate the early and late start, early and late finish, float dates, and duration, and critical items. d. Indicate estimated percentage of completion for each item of Work at each submission. e. Indicate submittal dates and review periods required for Shop Drawings,product data, samples, and product delivery dates, including those furnished by the OWNER. f. Coordinate schedule with ENGINEER for Engineer supplied information. g. Coordinate schedule with Work Plan. F. If CONTRACTOR does not take necessary action to accomplish work according to schedule, CONTRACTOR may be ordered by OWNER in writing to take necessary and timely action to improve work progress at CONTRACTOR's expense. 1. OWNER may require increased work forces, extra equipment, extra shifts or other action as necessary at CONTRACTOR's expense. 2. Should CONTRACTOR refuse or neglect to take such action authorized, under provisions of this contract, OWNER may take necessary actions including, but not necessarily limited to, withholding of payment and termination of Contract. G. Indicate submittal dates and review periods required for shop drawings, product data, samples, and product delivery dates, including those furnished by the OWNER. H. Indicate surveys for layout, as-builts, and measurement for payment. 2.02 PROPOSED PRODUCTS LIST A. At the Pre-construction meeting after date of Notice to Proceed, submit list of major products, if any, proposed for use, with name of manufacturer, trade name, and model number of each product. B.For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 2.03 SHOP DRAWINGS A. Indicate special utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. 2.04 PRODUCT DATA, IF REQUIRED A. Submit five copies to the ENGINEER for review and approval. 01300-10 B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 2.05 2.05 SURVEY EQUIPMENT CALIBRATIONS A.Provide certification of calibration for all survey equipment used during the project. B.Submit calibrations to the ENGINEER 5 days prior to putting equipment into use. C.Re-calibration as recommended by equipment manufacturer, then re-submit. 2.06 CORRESPONDENCE A. The OWNER will provide a correspondence matrix identifying requirements for submitting and sharing correspondence among the parties involved in the project. 2.07 CONTRACTOR'S WORK PLAN A. Submit a preliminary Work Plan in accordance with Section 01310. 2.08 AS-BUILTDRAWINGS A.When any fabrication deviates from the Contract Documents, the CONTRACTOR shall prepare complete as-built drawings of the actual fabrication. This will include detailed specifications, dimensions, material used, parts, devices and other accessories used in the fabrications. Two complete sets of As-Builts shall be submitted to the ENGINEER. B.The CONTRACTOR shall maintain a neat and accurately marked set of As-Built drawings showing the final locations and layout of all civil, mechanical, electrical, instrumentation equipment, piping and conduit, structures, and other improvements. Drawings shall be updated daily, with all work instructions and change orders, accommodations and adjustments shown. As-built drawings shall be kept in the job site trailer, or other location as approved by the ENGINEER, and shall be subject to inspection by the ENGINEER at all times. Progress payments, or portions thereof, may be withheld if as-built drawings are not accurate and current. As-built drawings shall be separate, clean blueprints reserved for the purpose of showing the complete picture of the components and assemblies actually installed. C.Upon completion of the work, these as-Built drawings shall be transferred to the ENGINEER. Completed as-built drawings will be signed by the CONTRACTOR, dated, and returned to the ENGINEER for approval. Hand drawn sketches will not be accepted as completed As-Built Drawings. D.As-Built coordinates will be provided for all significant system features, including existing and new gas extraction wells, extraction well control valves, extraction well tie-ins to the main header, header sample ports, flanges, and valves, etc. The ENGINEER shall determine what System features will require as-built coordinates. As-built coordinates shall be referenced to known benchmarks or survey monuments. The Surveyor shall submit as-built drawings in electronic format. Electronic files shall be AutoCAD compatible (i.e., .dxf format). 01300-11 PART 3 -EXECUTION (Not Applicable) END OF SECTION 01300-12 SECTION 01310 CONSTRUCTION WORK PLAN AND SCHEDULE PART 1-GENERAL 1.01 PRELIMINARY WORK PLAN AND SCHEDULE A. Prepare and submit at the pre-construction meeting, a Work Plan and constructionschedule. B.The ENGINEER will review the preliminary Work Plan and construction schedule prior to the commencement of construction activities. C. The CONTRACTOR may be interviewed by the ENGINEER to determine the CONTRACTOR'S understanding of the project, and ability to complete the work in a timely and efficient manner. 1.02 CONTRACTOR'S WORK PLAN CONTENTS A. Include with Work Plan the CONTRACTOR'S utilities, phasing of work, excavation,testing, and any other information related to proposed operations. B.Describe personnel, equipment, and procedures required to accomplish specific items ofwork, including: 1. Method of coordinating Subcontractors, if any, and maintaining project schedule. 2. Methods and routes for moving and stockpiling materials on site. Include detaileddrawings showing haul routes and logistics. 3. Methods for reducing or increasing the moisture content of wet or dry soils prior to using them for constructing engineered fills during construction. 4. Methods and equipment for excavating, hauling, and placing materials. 5. Dewatering methods, equipment and schedules. 6. Site drainage during construction. 7. Methods and equipment for site clearing. 8. Methods for erosion prevention and sediment control. 9. Plans for maintaining as-built information. 10. Health and Safety Plan. 11. Project Schedule. 12. List of Personnel and equipment. 01310-1 13.List of Subcontractors and Subconsultants. 14.List and organizational chart of project personnel responsibility. 15.Other information required in technical specifications. 16.Emergency action plan and contacts' telephone numbers. 17.Spill Prevention Control and Countermeasures (SPCC) Plan, if required based on quantity of petroleum products stored. 1.03 CONTRACTOR'S CONSTRUCTION SCHEDULE A.Prepare a schedule as described in Section 01300, paragraph 2.01. B.Coordinate schedule with the OWNER for the OWNER supplied materials. C.Coordinate schedule with Work Plan. 1.04 PROJECT MEETINGS A.Construction Meetings: 1.The ENGINEER will conduct construction meetings involving: a.CONTRACTOR's Project Manager. b.CONTRACTOR's Project Superintendent. c.OWNER's designated representative(s). d.ENGINEER's designated representative(s). e.CONTRACTOR's subcontractors as appropriate to the work in progress. f.OWNER's Construction Quality Control Consultant. 2.Meetings will be conducted weekly when there are construction activities in progress at the site. 3.The ENGINEER will take meeting minutes and submit copies of meeting minutes to participants and designated recipients identified at the Preconstruction Conference. a.Corrections, additions, or deletions to the minutes shall be noted and addressed at the following meeting. 4.The ENGINEER will schedule meetings for most convenient time frame. 5.The ENGINEER will have available at each meeting full chronological files of all previous meeting minutes. 6.The CONTRACTOR shall have available at each meeting up-to-date record drawings. B.Pre-Installation Conferences: 01310-2 1. Coordinate and schedule with ENGINEER for each material, product, or systemspecified. Conferences to be held prior to initiating installation, but not more than two (2) weeks before scheduled initiation of construction. a. Conferences may be combined if installation schedule of multiple components occurs with the same two (2) week interval. b. Review manufacturers' recommendations and Contract Documents Specifications. 2. CONTRACTOR's Superintendent and individual who will actually act as foremanof the installation crew (installer), if other than the Superintendent, shall attend. 1.05 VIDEO RECORDING A. Provide full access to OWNER or OWNER's authorized representative to perform videorecording of construction activities, construction meetings, training sessions, start-up, trouble shooting, etc. 1.06 CORRESPONDENCE A. The CONTRACTOR will provide a correspondence matrix identifying requirements for submitting and sharing correspondence among the parties involved in the Project. 1.07 SPECIAL CONSIDERATIONS A. CONTRACTOR shall be responsible for negotiations of any waivers or alternatearrangements required to enable transportation of materials to the site. B.Maintain conditions of access road to site such that access is not hindered as the result of construction-related deterioration. 1.08 PROJECT PHOTOGRAPHS A.ENGINEER shall provide digital photographs of construction process. 1.Photographs shall be provided with nomenclature and description for easy identification of photo location and subject matter. 2.Submit photographs weekly in hard copy (2 copies) and electronic format. 1.09 FINAL WORK PLAN A. Resubmit the Work Plan to incorporate the information discussed during the pre- construction meeting. B.Work Plan and Schedule Revisions. 1. Revise Work Plan as necessary to reflect changes in scope of work, but no less than once per month. 2. Show changes occurring since previous submittal. a. Major changes in scope. 01310-3 b.Activities modified since previous submittal. c.Other identifiable changes. 3. Submit to the ENGINEER. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01310-4 SECTION 01410 QUALITY ASSURANCE TESTING, QUALITY CONTROL TESTING Note: In addition to Section 01410, the CONTRACTOR must comply with all other requirements in the Project CQC Manual. PART 1- GENERAL 1.01 SECTIONINCLUDES A.Construction Quality Assurance (CQA) testing by the ENGINEER. B.Construction Quality Control (CQC) testing by CONTRACTOR. C.Certificates of Compliance. 1.02 RELATED SECTIONS A. Section 01300 - Submittals. 1.03 SOURCE OF MATERIALS A. CONTRACTOR must notify the ENGINEER in writing of the sources from which it proposes to obtain material if different from Drawings and requiring the ENGINEER approval, certification, or quality assurance testing. Such notification must be made as soon as possible after award of Contract but no later than 5 days after receipt of the Notice to Proceed. Samples of the proposed material must be provided to the ENGINEER upon request. 1.04 CONSTRUCTION QUALITY ASSURANCE TESTING A.CQA testing is the testing of materials, before their inclusion in the work, and materials and workmanship, after their inclusion in the work. B.CQA testing will be performed by the ENGINEER contracted by the OWNER as abasis for acceptance of the completed work. C.The ENGINEER will perform CQA testing in accordance with the Specifications. However, the ENGINEER reserves the option to perform additional CQA testing at any time to determine conformance of the materials and workmanship in accordance with the Contract Documents. D.CQA testing performed by the ENGINEER does not relieve the CONTRACTOR of the obligation to perform and document quality control testing of materials and workmanship. 01410-1 such material not conforming to such requirements will be subject to rejection by the OWNER or ENGINEER, whether in place or not. D. The ENGINEER reserv s the right to refuse the µse of certain materials on the basis of a Certificate of Compliance. PART 2 -PRODUCTS A. All materials and equipment provided by the CONTRACTOR shall be new and of the specified quality and equal to the samples found to be accepted by the OWNER, if samples have been submitted. The Work shall be completed in thorough, workmanlike manner, notwithstanding any omission in the Contract Documents. PART 3 -EXECUTION 3.01 TABLES FOR WORK PERFORMED BY EITHER THE ENGINEER OR CONTRACTOR Reference ASTM D3017 ASTMD698 ASTMD1556 ASTMD2922 or ASTMD2937 ASTMD422 ASTMD4318 TABLE 01410-1 FREQUENCY AND TYPE OF FIELD AND LAB SOILS CONFORMANCE TESTING --Test - I• Description .. -·- Moisture Content (nuclear) Laboratory Compaction-Standard Proctor In-place density by sand cone method In-place density by nuclear method Particle Size Analysis Atterberg Limits Operations Layer NIA NIA NIA NIA 1/200,000 sf NIA -· -·· -,, ---Frequency of Test General Fill and ENGINEERED Fill 1 per 2,500 CY (minimum 1 per lift) 1 per 10,000 cy 1125 nuclear density testing 1 per 2,500 cy (minimum 1 per lift) 1 per 5,000 cy (minimum 1 per material type) 1 per 10,000 cy Trench Backfill/Pipe Bedding Material 1 per 200 lineal feet of trench 1 per 2,000 lineal feet of trench 1 per every 25 nuclear gage tests 1 per 200 lineal feet of trench 1110,000 LF of trench 1/10,000 LF of trench The samples will be secured in order to minimize disturbance and loss of moisture during transportation and storage. The samples shall also be appropriately marked for identification. The location of samples shall be documented, and it is recommended that a grid pattern be used by the ENGINEER to select sample locations. The grids shall be staggered in successive lifts. END OF SECTION 01410-3 Riprap NIA NIA NIA NIA 1/10,000 tons NIA PART 1: SECTION 01500 CONSTRUCTION AND TEMPORARY FACILITIES GENERAL 1.1 CONSTRUCTION FACILITIES A. Furnish temporary services and utilities, including use fees and operation costsfor: potable and non-potable water; lighting and power; and, materials storage. B. Furnish personnel support facilities including: sanitary facilities; drinking water; first aid supplies and facilities; and, trash removal. C. Do not park vehicles or equipment or store materials on private property without written permission from the property owner under Section 01010.1.4.B. 1.2 SECURITY A. Provide fencing, barricades, warning signs, and lights to secure all work areas, equipment, and materials. 1.3 DUST CONTROL 1.4 Be responsible for dust control, providing all equipment and personnel for the work. Furnish Engineer name(s) and telephone number(s) of the person(s) responsible for dust control during evenings and weekends. If this person cannot be contacted, Owner may at Contractor expense, perform the work or contract the work out. 1.5 HAUL ROUTES A. PART2: PART 3: PART4: Obtain Owner approval of haul routes. PRODUCTS -NOT USED EXECUTION-NOT USED MEASUREMENT AND PAYMENT 4.1 PAYMENT A. All items in Part 1 are incidental to the work and no separate payment is made for these items. END OF SECTION Section 01500-6th Edition CONSTRUCTION AND TEMPORARY FACILITIES Page 1 of 1 PART 1: SECTION 01570 CONSTRUCTION TRAFFIC CONTROL GENERAL 1.1 DESCRIPTION A. This work is the furnishing of labor, materials and equipment for installing,maintaining and operating traffic control devices to insure the safety of the general public and project personnel. 1.2 REQUIREMENTS A. Perform work under this section meeting Manual of Uniform Traffic Control Devices (MUTCD) and contract requirements. 1.3 NOTIFICATIONS A. B. C. PART 2: Coordinate all construction activities to reduce traffic conflicts at the work site, off-site events or other construction projects. 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. 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. PRODUCT 2.1 TRAFFIC CONTROL DEVICES A. Assure all signs and barricades are reflectorized. Assure all night time trafficcontrol 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, availablefrom the Superintendent of Documents, U.S. Government Printing Office,Washington, D.C. 20492. C. Assure all traffic control devices are clean, legible, reflective for night-time use, and operable. Section 01570 - 6th Edition CONSTRUCTION TRAFFIC CONTROL Page 1 of3 PART3 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 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 eachshift. E. Remove and store all unnecessary traffic control devices away from traffic'sview. 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 ofnotification is cause to deduct monies from the contract payment on the nextprogress payment. E.The Engineer may direct correcting traffic control deficiencies immediately.Failure to immediately correct the deficiency is cause for the Engineer to correctthe 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 ofTransportation. Section 01570-6th Edition CONSTRUCTION TRAFFIC CONTROL Page 2 of 3 PART4: MEASUREMENT AND PAYMENT 4.1 PAYMENT A. Separate measurement for each traffic control device is not made unless the on-site field traffic plan requirements differ materially from the original traffic control plan in the contract. Measurement and payment for the Contractor's off-site traffic control plan and the designed on-site traffic control plan is on a lump sum basis. The lump sum payment is full reimbursement for all costs of furnishing, installing, maintaining, replacing and operating the construction traffic control systems throughout the work period. The construction traffic control system includes but is not limited to, signs, barricades, pavement markings, watering, flag persons and pilot cars. B. Progress payments are in proportion to total construction completed. C. If changes in the approved Traffic Control Plan are directed by the Engineer, additional payment or reduction in payment is made for the additional or deleted items as agreed to between the Contractor and the Engineer. END OF SECTION Section 01570-6th Edition CONSTRUCTION TRAFFIC CONTROL Page 3 of 3 PART 1-GENERAL 1.01 DESCRJPTION SECTION 01620 TRANSPORTATION, HANDLING, AND STORAGE A. CONTRACTOR shall make all arrangements for transportation, delivery, handling, and storage of equipment and materials required for prosecution and completion of the Work. B. Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the siteonly during regular working hours. Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not bedelivered to OWNER, except where otherwise directed. C. Store and protect materials in accordance with manufacturer's recommendations and requirements of Specifications. D. Areas available on the construction site for storage of materials and equipment shall be as shown or approved by the ENGINEER. E. If necessary to move stored materials and equipment during construction, CONTRACTOR shall move materials and equipment without any additional compensation. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. 1.02 DELIVERY A. CONTRACTOR shall arrange for all material and equipment deliveries to be in the CONTRACTOR'S name. The OWNER and ENGINEER will not sign for the CONTRACTOR'S deliveries. B.Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. C. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER's use of premises. D. Do not have products delivered to project site until related Shop Drawings have beenapproved by the ENGINEER. E.Do not have products delivered to site until required storage facilities have been provided. 01620-1 F. Have products delivered to site in manufacturer's original, unopened, labeled containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. G. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts and to facilitate assembly. H. Immediately on delivery, inspect shipment to ensure: 1. Product complies with requirements of Contract Documents and reviewedsubmittal. 2. Quantities are correct. 3. Containers and packages are intact, and labels are legible. 4. Products are properly protected and undamaged. 1.03 PRODUCT HANDLING A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B.Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E. Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. F. Do not open manufacturer's containers until time of installation, unless recommended by the manufacturer or otherwise specified. 1.04 STORAGE A. CONTRACTOR shall make all arrangements and provisions necessary for the storage ofmaterials and equipment. All excavated materials, construction equipment, and materials and equipment to be incorporated into the Work shall be placed so as not to injure any part of the Work or existing facilities and so that free access can be maintained at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Materials and equipment shall be kept neatly and compactly stored in locations that willcause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. B. Do not store products in the structures being constructed, unless approved in writing by the ENGINEER. 01620-2 1.05 PROTECTION A. Equipment shall be boxed, crated, or otherwise completely enclosed and protected during shipment, handling, and storage. B. Painted surfaces shall be protected against impact, abrasion, discoloration, and other damage. Painted equipment surfaces, which are damaged prior to acceptance, shall be repainted in entirety to the satisfaction of the ENGINEER. C. Electrical equipment, controls, and instrumentation shall be protected against moisture, water damage, heat or dust. Space heaters provided in the equipment shall be connected and operating at all times until equipment is placed in operation. 1.06 UNCOVERED STORAGE A. The following types of materials may be stored outdoors without cover: 1.Masonry units 2. Reinforcing steel 3. Structural steel 4. Piping, except PVC 5.Precast concrete items 6.Castings B. Store the above materials on wood blocking so there is no contact with the ground. 1.07 COVERED STORAGE A. The following types of materials may be stored outdoors if covered with material impervious to water: 1. Rough lumber 2. Hand railing 3. Piping, PVC 4. Mechanical valves and equipment designated to be installed outdoors and not under cover. B. Tie down covers with rope and slope to prevent accumulation of water on covers. C. Store materials on wood blocking. 01620-3 1.08 FULLY PROTECTED STORAGE A. Pumps, motors, drives, other equipment having anti-friction or sleeve bearings, and electrical equipment (except control panels and electronic equipment) shall be stored in buildings or trailers that have a concrete or wood floor, a roof, and fully closed walls on allsides. B. Provide heated storage space for materials that could be damaged by freezing and provide air conditioned storage space for materials that could be damaged by Montana's severecold temperatures. C. Protect mechanical and electrical equipment from being contaminated by dust, dirt, and moisture. D. Protect all high value items. 1.09 MAINTENANCE OF ON-SITE STORAGE A. Maintain periodic system of inspection of stored products on a scheduled basis to assure that: 1. State of storage facilities is adequate to provide required conditions. 2. Required environmental conditions are maintained on a continuing basis. 3. Products exposed to elements are not adversely affected. B. Mechanical and electrical equipment which require long-term storage shall have complete manufacturer's instructions for servicing each item with notice of enclosed instructions shown on exterior of package. 1. Comply with manufacturer's instructions on a scheduled basis. 2. Space heaters that are part of electrical equipment shall be connected and operated continuously until equipment is placed in service. 1.10 OFF-SITE STORAGE A. Control panels, microprocessor-based equipment and other electronic devices shall not be stored on site. B. Storage shall be in an insured, climate-controlled warehouse within the City of Bozeman. The OWNER shall have the right to inspect the equipment during normal working hours. Placed inside each panel or device shall be a desiccant, volatile corrosion inhibitor blocks(VCI), a moisture indicator and maximum-minimum indicating thermometer. The panels and equipment shall be checked once per month. The desiccant, VCI, and moisture indicator shall be replaced as often as required or every six (6) months, whichever occurs first. A certified record of the daily maximum and minimum temperature and humidity in the warehouse shall be available for inspection by the OWNER. A certified record of the monthly inspection, noting maximum and minimum temperature for the month, condition 01620-4 of desiccant, VCI and moisture indicator, shall also be available for inspection by the OWNER. C. Off-site storage shall be at no additional cost to the OWNER. Any panel or device which has been damaged by any cause or for which the storage temperature or humidity range has been exceeded shall be replaced at no additional cost to the OWNER and shall not be causefor a delay in Contract completion. D. The panels and equipment shall not be shipped to the site until field conditions are readyfor installation, including all slabs, walls, roofs, and environmental controls. The failure to have the plant site ready for installation shall not relieve CONTRACTOR from meeting allContract conditions. PART 2 -PRODUCTS Not Used. PART 3 -EXECUTION 3.01 PROTECTION A. Protect finished surfaces, including subgrade and asphalt. 3.02 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of the ENGINEER and at no additional cost to the OWNER. B. Additional time required to secure replacements and to make repairs would not be considered by the ENGINEER to justify an extension in the Contract Time of Completion. END OF SECTION 01620-5 PART 1-GENERAL 1.01 DESCRIPTION SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS A. Refer to the Instructions to Bidders, General Conditions and the Supplementary Conditions regarding materials or equipment substitutions. 1.02 PRODUCT OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select products meeting that standard, by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B.For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or a specific manufacturer the Engineer may approve substitutions if they are deemed exactly equivalent to the equipment specified. D. For products specified by naming only one (1) product or manufacturer and followed by words indicating that no substitution is permitted, Engineer may approve substitutions ifthey are deemed exactly equivalent to the equipment specified. E. Where more than one (1) choice is available as a product option, CONTRACTOR willselect product that is compatible with other products already selected or specified. 1.03 SUBSTITIONS A. During a period of seven (7) days after the effective date of the Agreement, OWNER and ENGINEER will consider written requests from CONTRACTOR for substitution ofproducts or manufacturers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in case ofunavailability of product or other conditions beyond control of CONTRACTOR. B.Submit five (5) copies of request for substitution. Submit separate request for each substitution. In addition to requirements set forth in the General Conditions, include in request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. 01630-1 c. Samples, if appropriate. d. Name and address of similar projects, on which product was used, and date of installation. 2. For construction methods (if specified): a. Detailed description of proposed method. b. Drawings illustrating method. 3. Such other data, as the ENGINEER may require, to establish that the proposed substitution is equal to the product, manufacturer, or method specified. C. In making request for substitution, CONTRACTOR represents that: 1. CONTRACTOR has investigated proposed substitution and determined that it is equal to or superior in all respects to the product, manufacturer, or method specified. 2. CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product, manufacturer, or method specified. 3. CONTRACTOR waives all claims for additional costs or extension of time related to proposed substitution that subsequently may become apparent. D. A proposed substitution will not be accepted if: 1. Acceptance will require changes in the design concept or a substantial revision ofthe Contract Documents. 2. It will delay completion of the Work or the work of other contractors. 3. It is indicated or implied on a Shop Drawing and is not accompanied by a formal request for substitution from CONTRACTOR. E. If the ENGINEER determines that a proposed substitute is not equal to that specified, CONTRACTOR shall furnish the specified product, manufacturer, or method specified, at no additional cost to OWNER. F. Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents. 1.04 DELAYS A. Delays in construction arising by virtue of the non-availability of a specified material and/or method will not be considered by the OWNER as justifying an extension of the agreed Time of Completion. 1.05 APPROVAL OR REJECTION A. The CONTRACTOR must receive written approval from the ENGINEER of any substitution granted. 01630-2 B. ENGINEER reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. C. Substitutions will be rejected if: 1. Submittal is not through the CONTRACTOR with his stamp of approval. 2. Requests are not made in accordance with this Section. 3. In the ENGINEER's opinion, acceptance will require substantial revision of the original design. 4. In the ENGINEER's opinion, substitution is not equal to original product specifiedor may not perform adequately the function for which it was intended. PART 2 -PRODUCTS Not Used. PART 3 -EXECUTION Not Used. END OF SECTION 01630-3 PART 1: GENERAL SECTION 01700 CONTRACT CLOSEOUT 1.1 CLEANUP A. Before Final inspection (as outlined in Section 14.06 of the General Conditions) execute the following. 1. Where applicable, clean interior and exterior glass and surfaces exposed to view. Remove temporary labels. 2. Where applicable, clean equipment and fixtures to a sanitary condition. 3. Where applicable, clean debris from roof, gutters, and downspouts. 4. Remove debris, waste, surplus materials, and rubbish from right-of-way, easements (construction or permanent) and private property. 5. Where applicable, remove debris, dirt, and silt from storm drain basins, sanitary sewer and storm drain manholes, and water valve boxes. 6. Rake landscaped surfaces clean of debris. 7. Where applicable, remove temporary coverings from traffic control devices. 8. Clean traffic control devices and signs. 9. Where applicable, remove temporary traffic striping. 10. Sweep dirt and debris from all paved areas affected by the work. 1.2 RECORD DOCUMENTS A. Submit record documents as outlined in the General Conditions. Final payment will not be processed until the documents are submitted to and approved by the Engineer. 1.3 OPERATION AND MAINTENANCE DATA A. Where applicable, submit two sets, before final inspection, bound in three ring binders. Prepare a table of contents for each volume with each product or system identified. B. Where applicable, prepare the following: Section 01700 CONTRACT CLOSEOUT Page 1 of2 1. Directory, listing names, addresses and telephone numbers of Engineer, Contractor, Subcontractor, and Equipment Suppliers. 2; Operations and maintenance instructions, arranged by system. For eachcategory, identify the applicable Contractor(s) or Subcontractor(s) and suppliers. Identify the following: 1. Significant design criteria2. List of equipment 3. Parts list for each component4. Operating instructions 5. Maintenance instructions 1.4 WARRANTIES AND BONDS A. PART2: PART 3: PART4: Submit, with final payment request, all warranty certificates, lien releases, and consent of security forms. PRODUCTS -NOT USED EXECUTION -NOT USED MEASUREMENT AND PAYMENT -NOT USED END OF SECTION Section 01700 CONTRACT CLOSEOUT Page 2 of2 PART I-GENERAL 1.01 SUMMARY A. This Section Includes: SECTION 01710 FINAL CLEANING 1. Intermediate and final cleaning of Work not including special cleaning of closed systems specified elsewhere. B.Related Sections include but are not necessarily limited to: 1. Division 1 -General Requirements. 1.02 SCHEDULING A. Schedule cleaning operations so that dust and other contaminants disturbed buy cleaning process will not fall on newly painted surfaces. PART 2 -PRODUCTS 2.01 MATERIALS A. Cleaning Agents: 1. Compatible with surface being cleaned. 2. New and uncontaminated. 3. For Manufactured Surfaces: Material recommended by manufacturer. PART 3 -EXECUTION 3.01 CLEANING -GENERAL A. Prevent accumulation of wastes that create hazardous conditions. B.Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. C. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains or sewers. D. Dispose of degradable debris at an approved solid waste disposal site. 01710-1 E. Dispose of non-degradable debris at an approved solid waste disposal site or in an alternate manner approved by ENGINEER and regulatory agencies. F. Handle materials. in a controlled manner with as few handlings as pos ible. G. Do not drop or throw material from heights greater than four (4) feet or less than four (4) feet if conditions warrant greater care. H. On completion of work, leave area in a clean, natural looking condition. Removeall signs of temporary construction and activities incidental to construction ofrequired permanent Work. I. Do not bum on-site 3.02 INTERIOR CLEANING A.Cleaning during construction: 1.Keep work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2.At maximum weekly intervals, dispose of waste materials, debris, and rubbish. 3.Vacuum clean interior areas when ready to receive finish pamtmg. Continue vacuum cleaning on an as-needed basis, until substantial completion. 4.Remove all HDPE pipe shavings from the interior of the pipe before fusing. B.Final Cleaning: 1.Complete immediately prior to Demonstration Period 2.Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed surfaces. 3.Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 4.Wash and shine glazing and mirrors. 5.Polish glossy surfaces to a clear shine. 6.Ventilating systems: 01710-2 a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 7. Replace all burned -out lamps. 8. Broom clean process area floors. 9. Mop office and control room floors. 3.03 EXTERIOR (SITE) CLEANING A. Cleaning during construction: I. Construction Debris: a. Confine in strategically located container(s). 1) Cover to prevent blowing by wind. 2) Haul from site minimum once a week b. Remove from work area to container daily. 2. Vegetation: a. Keep weeds and other vegetation that is not part of plant salvage program trimmed to three (3) inches maximum height. 3. Soils, sand, and gravel deposited on paved areas and walks: a. Remove as required to prevent muddy or dusty conditions. b. Do not flush into storm sewer system. B. Final Cleaning: 1. Remove trash and debris containers from site: a. Re-seed areas disturbed by location of trash and debris containers. 2. Clean paved roadways 01710-3 3.04 FIELD QUALITY CONTROL A. Immediately prior to Demonstration Period, conduct an inspection with ENGINEER to verify condition of all work areas. END OF SECTION 01710-4 SECTION 01750 STARTUP AND SYSTEM TESTING PART 1 -GENERAL 1.01 REQUIREMENTS INCLUDED The CONTRACTOR shall provide system startup and field adjustments after receiving written notice from the Engineer that these services are desired. 1.02 EQUIPMENT STARTUP A. The CONTRACTOR shall provide the services of experienced factory-trained servicerepresentatives for up to forty ( 40) hours as necessary to provide startup services and assistance. After the new system components have been installed, factory-trained service representatives shall perform final adjustments and inspection, lubricate, check oil levels, and ensure that the equipment is in proper condition for operation. B.The test operation of each piece of mechanical and control equipment shall continue for not less than seven days without interruption. All parts shall operate satisfactorily in all respects, under continuous maximum achievable load and in accordance with the specified requirements for the full duration of the seven day test period. If any part of a unit shows evidence of unsatisfactorily or improper operation during the seven day test period, correction or repairs shall be made by the CONTRACTOR at the CONTRACTOR's expense, and the full seven day operation, as specified above, shall be performed again until all parts operate satisfactory. C. The CONTRACTOR is responsible for supplying all necessary temporary power for the system's startup, testing and operation if permanent power is not available. 1.03 FINAL TEST OPERATION A. After the equipment is installed, and start-up services are performed, and ready to be placed into full-time operation, the ENGINEER will test all equipment for a period not to exceed two (2) weeks by operating either under actual or simulated operating conditions prior to conducting the stack emission source test. All defects of material or workmanship which appear during this test period shall be corrected by the CONTRACTOR. After such corrections are made, the two (2) week test may be run again and another stack emission test may be conducted before substantial completion, as determined by the CITY, if deemed advisable by the ENGINEER. B. The CONTRACTOR shall supply all power, water, oil, grease, auxiliaries, and operating personnel required for this final test operation. 01750-1 1.04 TRAINING A. The CONTRACTOR shall provide the services of experienced factory-trained manufacturer's representatives, fluent in the. English language, for hands-on training of the equipment provided under this Contract. The training shall include instructions in the operation and maintenance of the equipment provided. Training shall be at a time convenient to the OWNER. The following lists the minimum required training time to be provided by each equipment representative: •• Flare & Blower manufacturer Compressor manufacturer 1 - 8 hour day 1 - 8 hour day B. The CONTRACTOR shall develop and submit the training course agenda for approval prior to arranging training. Training must be provided separately from the start-up services. C. One clean, reproducible copy shall be provided of all instructional materials. The City shall have the right to make a videotape of all training sessions for their future training use. 1.05 SOURCE TESTING Deleted. END OF SECTION 01750-2 DIVISION 2 -SITE WORK SECTION 02221 TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES PART 1: GENERAL 1.1 DESCRIPTION A. This work is the excavation, trenching and backfilling for pipelines and appurtenances. It includes all clearing, grubbing, site preparation, removal anddisposal of debris from the excavation, handling and storing materials for fill andbackfill, all bracing, shoring and trench protection, construction dewatering, all backfill, subgrade preparation , final grading, site dressing and cleanup. 1.2 REFERENCES A. The current publications listed below form a part of this specification. AASHTOT99 ASTMD698 AASHTO T191 (ASTM Dl556) AASHTOT310 (ASTM D6938) AASHTOTll (ASTM C117) AASHTOT27 (ASTM C136) AASHTOT89 AASHTOT90 ASTMD4318 Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 5-lb (2.5kg) Rammer and 12-inch (305mm) Drop Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 5-lb (2.5kg) Rammer and 12-inch (305mm) Drop Density of Soil In-Place by the Sand-Cone Method In-Place density and water content of the soil and soil aggregate by Nuclear Method (Shallow Depth) Materials Finer Than 0.075mm (No. 200) Sieve in Mineral Aggregates by Washing Sieve Analysis of Fine and Coarse Aggregate Determining the Liquid Limit of Soils Determining the Plastic Limit and Plasticity Index of Soils Test Method for Liquid Limit, Plastic Limit and Plasticity Index of Soils Section 02221 - 6111 Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page I of l7 * 1.3 STANDARD DRAWINGS A.Standard Drawings applicable to this section are as follows: 1. Standard Drawing No. 02221-1 - Typical Utility Trench Detail 1.4 TESTING A.Field Density Testing 1. Meet the quality control and quality assurance testing requirements inSection 01410, Contractor Quality Control and Owner Quality Assurance. 2.In-place field density tests for quality assurance are at Owner expensemeeting AASHTO T191 (ASTM D1556), Sand Cone Method; or byAASHTO T310 (ASTM D6938) Nuclear Densometer Methods. Qualityassurance field density testing frequency is at the Engineer's discretion. 3.Re-testing failing areas is at the expense of the Contractor. 4. At the direction of the Engineer, provide necessary equipment and laborto excavate and replace materials for test holes up to 5 feet deep into thecompacted backfill to allow testing below the surface of any layerscovered without inspection and approval by the Engineer. B.Laboratory Maximum Density and Optimum Moisture 1. Quality assurance tests will be made by the Engineer for each on-sitenatural soil or each source of off-site material, including borrow material,to determine the laboratory maximum density values and optimumcompaction moisture content according to AASHTO T-99 or ASTMD698. C.Material Submittals 1. Submit to the Engineer material quality test results including Type 1Bedding gradation and plasticity index; and Type 2 Bedding gradation. 2. Submit to the Engineer samples of on-site and off-site borrow soils forlaboratory moisture-density relationship testing by the Engineer. 3. If applicable, submit a blasting plan to the Engineer. Section 02221 - 6111 Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 2 of l7 PART 2: PRODUCTS 2.1 PIPE BEDDING MATERIALS A. TYPE 1 PIPE BEDDING 1. Type 1 Pipe Bedding includes the material placed from 4 inches (100mm) below the bottom of the pipe, around the pipe, and up to the springline ofthe pipe. 2. Provide Type 1 Bedding consisting of sand, sandy gravel, or gravel havinga maximum 3/4 inch size (19mm) and a maximum plasticity index of 6, determined by AASHTO T89 and T90 or by ASTM D4318. 3. Where trench excavation encounters wet or unstable material, Type 1 Pipe Bedding must be free draining and non-plastic 4. Refer to Standard Drawing 02221-1 and Special Provisions for otherrequirements. B. SELECT TYPE 1 BEDDING 1. Select Type 1 Bedding includes the material placed from the springline ofthe pipe to 6 inches (15cm) over the pipe. 2. Select Type I Bedding shall consist of soil, sand or fine gravel, free from clods, lumps of frozen material, or rock exceeding 1-1/2 inches (38mm) in its greatest dimension. 3. Excavated trench material may be screened or sorted for use as backfillsubject to approval of the Engineer. 4. Where trench excavation encounters wet or unstable material, Select Type 1 Bedding must be free draining and non-plastic. C. TYPE 2 PIPE BEDDING 1. Type 2 Pipe Bedding is used as directed by the Engineer to replaceunsuitable material encountered in the trench bottom. 2. Place Type 2 Pipe Bedding from the bottom of the Type 1 Beddingmaterial to the depth required to adequately support the pipe. 3. Type 2 Bedding shall consist of granular material meeting the followinggradation. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 3 of 17 Sieve Opening 3 Inch No.4 No. 8 D. SEPARATION GEOTEXTILE %Passing 100 0-25 0-10 · 1. The plans may require, or the engineer may direct, the use of non-wovengeo-textile fabric intended to provide materials separation. The fabric willwrap all or part of the Type 1 Pipe Bedding and Select Type 1 Pipe Bedding to prevent materials migrating into the trench bottom and trench walls as shown on the plans or as directed by the engineer. The fabric shall be AASHTO M288 Class 1, 2, or 3 as specified or determined by the Engineer and shall fully comply with MPW Section 2110. 2.2 TRENCH BACKFILL MATERIALS A.Materials from Trench Excavation 1. Backfill material obtained from trench excavations must be free ofcinders, ash, refuse, organic or frozen material, boulders, or other deleterious materials. Backfill materials and placement are further described in the Execution Section of this specification. B. Imported Backfill Material 1. Imported backfill material is from borrow source(s) outside the projectlimits and is used when, in the opinion of the Engineer, an adequate volume of suitable backfill material is not available within the projectlimits. Imported Backfill Materials must comply with the requirements ofSection 2.2.A, MATERIALS FROM TRENCH EXCAVATION. 2.3 FLOW ABLE FILL A. If used, Flowable Fill is to meet the requirements of Section 2225, Flowable Fill. 2.4 DETECTABLE BURIED WARNING TAPE A. Detectable buried warning tape is to have a minimum 6 inch (15cm) width and 5mil (0.12mm) thickness and a solid aluminum core running the full length and width of the tape enclosed in a color coded inert plastic jacket, impervious to alkalis, chemical reagents and solvents in the soil. The tape is to meet APW A/ULCC Color Code requirements and is to have a maximum 36 inch(90cm) imprint. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 4 of 17 PART 3: EXECUTION 3.1 PROTECTION OF EXISTING PROPERTIES A. General 1. Take precautions to protect all adjoining private and public property and facilities, including underground and overhead utilities, curbs, sidewalks,driveways, structures, and fences. Restore or replace all disturbed or damaged facilities to its original condition at Contractor's expense. 2. Contact utility owners using the Montana One Call System in accordancewith Section 01041, PROJECT COORDINATION, Paragraph 1.2.B., for utility locates before starting work. Protect the utilities exposed during the work and prevent damaging underground utilities adjacent to excavations. Immediately notify the utility owner of any construction damage. Repairs of damage to marked utilities are at the expense of the Contractor. 3. Re-locate existing water mains, sanitary sewers and storm drains shown on the plans, that conflict with new pipelines or structures as indicated in the contract documents. No separate payment will be made for this work unless shown as a payment item. If the Owner authorizes the relocation ofmains or sewers which are not indicated in the bid documents, and the Engineer determines the work was not included in the original contract, payment will be made under the applicable sections of the General Conditions. 4. Cut and replace existing service lines interfering with trenching operations only with the engineer's permission and at the contractor's expense.Show all repaired and/or adjusted water and sewer lines on the As-BuiltPlans. 5. Protect existing water and sewer mains and water and sewer services from freezing at all times during construction. B.Privately Owned Utilities 1. If any existing private utility interferes with the work in either alignment or grade, and has to be moved, the work will be performed by the appropriate UTILITY Owner, unless otherwise specified in the contract documents. Such private utilities may include gas mains, underground electrical and telephone cables, telephone poles, light poles, etc. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 5 of 17 • 2. If, however, such private utility relocation is performed by the Contractor, and the relocation is not a separate payment item, payment will be made under the Section 02221 conditions covering such changes. 3. Such payment will be made only if the work is determined by the Engineer to be a change from the original contract work scope. C. Existing Structures 1. Prevent damage to existing buildings or structures in the work area. Repair all construction related damage to the satisfaction of the Owner. D. Existing Overhead Utilities 1. Use extreme caution to avoid conflict, contact or damage to overheadutilities during the work. E. Exploratory Excavation 1. The location of existing buried public utilities may need to be verified by exploratory excavation before construction. 2. Where authorized by the Engineer, the Contractor will be reimbursed for exploratory excavation work at the unit price bid per hour for abackhoe/excavator with operator and a laborer to assist. Use abackhoe/excavator having at least 60 horsepower ( 45kw), as rated by the manufacturer. 3. The unit price per hour includes the backhoe/excavator, operator and one laborer based upon the actual time, to the nearest one-half hour, that the equipment and personnel are used in actual excavating and backfillingoperations including standby time between excavation and backfillingwhich allows the Engineer to make the necessary survey of the underground utilities. 4. Exercise care to prevent damaging all utilities and repair any utility damage caused by exploratory excavation. F. Pavement Removal and Stripping 1. Where trench excavation or appurtenant structure excavation requires removing curb and gutter, concrete sidewalks, asphalt concrete pavement, or Portland cement concrete pavement, cut the concrete or pavement in astraight line parallel to the excavations edge using a spade-bitted air hammer, concrete saw or other suitable equipment to produce a straight, square and clean break. Re-cut edges broken during construction, before concrete or paving operations. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 6 of 17 2. For trenches passing through existing pavement, cut the pavement along aneat vertical line at least 12 inches (30cm) from the trench edge. Where the neat line cut is less than 3 feet (0.9m) from the edge of the existing pavement, remove and replace the entire pavement section between trench and edge of pavement. 3. Dispose of the asphalt concrete and/or Portland cement concrete debris off-site according to applicable state and local regulations. G. When excavating across existing gravel streets or other developed surfaces, remove the surfacing material full depth and stockpile for inclusion as trench backfill or legally dispose of the surfacing material. H. When excavating across cultivated or sodded areas, remove topsoil full depth or to a maximum 12 inch (30cm) depth, whichever is less, and stockpile for possible project use. I. Re-sod or reseed, as specified in the contract documents, all established lawn areas cut by trenching or damaged during the construction, in accordance with Section 2910, and/or 2920, to the satisfaction of the Engineer. 3.2 MAINTENANCE OF FLOWS A. Maintain the flow of sewers, drains and water courses encountered during construction. Restore culverts, ditches, fences, crosswalks and structures disturbed by construction to their original condition upon completion of the work. 3.3 TRENCH EXCAVATION A. General 1. Meet current OSHA Safety and Health Standards for all excavation, trenching, shoring, and related work. 2. Excavate at the specified locations for pipeline installations and appurtenant structures. 3. Crossings under sidewalks or curbs may be made by tunneling, ifapproved by the Engineer. If a portion of a sidewalk or curb is removed, use a concrete saw to make joints, compact the backfill as specified, and replace the removed section with new concrete sidewalk or curb. 4. During excavation, stockpile backfill materials away from the trench banks to assure trench wall stability. Stockpile excavated materials on only one side of the trench without obstructing existing fire hydrants, Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 7 of 17 • valves, manholes and other appurtenances. Assure surface drainage of adjoining areas is unobstructed. 5. Remove and dispose of all excess or unsuitable excavated materials. 6. Prevent surface water from flowing into excavations. Promptly remove all water accumulating in trench excavations. Do not permit water to accumulate in any open trench. Remove and re-lay all pipe out ofalignment or grade caused by trench flooding. 7. Grade the trench bottoms to the specified lines and grades. Assure bedding material provides uniform bearing and support for each pipe section along its entire length. Excavate for bell and joints after the trench bedding is graded, limiting the excavation to the required length, depth and width for making the particular type of joint used. Backfill over-excavations with Type 2 Bedding Material. 8. No differentiation between common and rock trench excavation is made, except when listed as separate bid items on the bid proposal or bid form. Excavation includes removing and subsequent handling of all earth, gravel, bedrock or other material encountered regardless of the type, character, composition or condition of the material. 9. The use of trench digging machinery is permitted, except in places where its operation is likely to cause damage to existing structures or features, in which case hand methods are to be employed. B. Trench Dimensions 1. Excavate to the trench dimensions specified below. 2. Width a. Excavate to provide room to install and join the pipe as specified. 3. Depth The minimum trench width is 3'-6" (I.Im), for outside pipe diameters of 18 inches (0.5m) or less. The minimum trench width is 2'-0" (0.6m) plus the outside pipe diameter, for pipe sizes exceeding 18 inches (0.5m). Maximum trench width may be specified in the contract documents. a. Excavate the trench as required for the invert grade or pipe bury as specified in the contract documents, plus 4 inches (10cm) for the Type 1 Pipe Bedding. If bedrock, boulders or large stones are encountered at the bottom of the trench, excavate at least 6 inches Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 8 of 17 • (15cm) below the bottom of the pipe for backfilling with Type 1 Pipe Bedding. C. Soft or Unsuitable Trench Subgrade 1. When soft or unstable material is encountered at the trench subgradewhich will not uniformly support the pipe, excavate the material to thedepth directed by the Engineer and backfill to trench subgrade elevationwith Type 2 Pipe Bedding. D. Blasting 1. Obtain Engineer approval to blast for excavation. If approved, theEngineer will establish the time limits blasting will be permitted. 2. Use utmost care to protect life and property during blasting. Use only alicensed blaster with experience in the type of blasting required for thework. 3. Safely and securely store all blasting materials meeting local laws and ordinances and clearly mark all storage places "Dangerous Explosives".Do not leave any explosives where they could endanger persons or property. 4. Blasting Rock in Trenches a. When blasting rock in trenches, cover the blasting area with earthbackfill or approved blasting mats. Before blasting, stationworkers and provide danger signals to warn people and stopvehicles. b. Assume responsibility for all damage to property and injury to persons resulting from blasting or accidental explosions during thework. c. Furnish the following information to the Owner and Engineer at least 48 hours before the commencement of blasting operations:Name of the contractor's powder man, powder man's experience,type of shot, type of explosives and detonator being used, proof ofinsurance covering liability for such operation, traffic control plansand planned procedures for protecting the public. 5. Assure blasting plan meets federal, state and local ordinances. Obtain all required permits before blasting starts. Section 02221-6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 9 of 17 • E. Pavement Damage Cause by Equipment 1. Equip all track mounted equipment operated on pavement surfacing withpads to prevent pavement damage. 2. Restore all pavement damaged by construction to its original condition. F. Shoring, Bracing and Sheeting 1. Provide all shoring, bracing and tight sheeting required to prevent cavingand protect workers, meeting current Occupational Safety and Health ActRequirements, and to protect adjacent property and structures. The cost ofthis work is included in the cost for trench excavation. G. Excavation for Appurtenances 1. Make excavations for manholes, hydrants, structures and other appurtenances of the size and depth to permit compacting of backfill on allsides to the specified density. The requirements for removing water and other applicable portions of these specifications apply to excavation for appurtenances. 3.4 DEWATERING A. Remove all ground water encountered in trench excavations. Do not place pipe,bedding or backfill materials below the groundwater elevation established by dewatering operations. The cost of dewatering operations is considered a part ofthe excavation cost. 3.5 EXCAVATION STABILITY AND SAFETY A.The stability of construction excavations and associated worker safety, including slope geometry and shoring/bracing considerations, are the responsibility of the Contractor. Meet current OSHA regulations. This may require design oftemporary slopes and/or shoring by a licensed professional engineer. 3.6 TRENCH FILLING AND BACKFILLING A. General 1. Backfill all trenches as specified immediately after grade, alignment and pipe jointing has been inspected and approved by the Engineer. Conduct any pipe testing as specified in the respective water distribution, sewerage/drainage sections. Correct all defects discovered by tests prior to backfilling. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 10 of l7 • B.Pipe Bedding Placement 1. Type 1 Bedding. a. Place Type 1 Pipe Bedding material 4 inches (10cm) under the pipe, around the pipe, and up to the springline of the pipe. Place in maximum lifts of 6 inches (15cm), using hand operated or other compaction methods without damaging or disturbing the pipe.Thoroughly compact each layer. Use special care to assurecompaction under the pipe haunches. b. Place backfill material in equal lifts on both sides of the pipe for the full trench width. Take care to prevent migration of Type 1Bedding into surrounding soils during placement and compaction 2. Select Type 1 Bedding. a. Place Select Type 1 Bedding material from the springline to 6inches (15cm) over the pipe. Where wet or unstable materialexists, assure the material is free draining and non-plastic. b. Place in maximum lifts of 6 inches (15cm) using hand or other compaction methods without damaging or disturbing the pipe.Thoroughly compact each layer. c. Place backfill in equal lifts on both sides of the pipe for the fulltrench width. Take care to prevent mi gration of Select Type 1Bedding into surrounding soils during placement and compaction. 3. Type 2 Pipe Bedding. a. Use Type 2 Pipe Bedding described in PRODUCTS SECTION as specified or as directed by the Engineer to replace unsuitablematerial encountered in the trench bottom, placing it from the bottom of the Type 1 Bedding material to the depth required to adequately support the pipe. 4.SEPARATION GEOTEXTILE a. Place Separation Geotextile where shown on the plans or wheredirected by the Engineer. C. Trench Backfill 1. After the pipe bedding materials are placed and compacted as specified,backfill the trench. Use backfill material free of cinders, ash, refuse, Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 11 ofl7 * organic or frozen material, boulders, or other deleterious materials. From the top of the Select Type 1 Pipe Bedding to 6 inches (15cm) below the ground surface, or to the subgrade elevation, material containing rock up to 8 inches (20cm) in the greatest dimension may be used. 2.Trench backfill from the top of the pipe bedding to ground surface or to the street subgrade is separated into three classifications. a. b. C. Type A Trench Backfill is compacted backfill typically used in streets or paved areas. Type B Trench Backfill is typically used for unpaved alleys, cultivated areas, borrow pits, unimproved streets or other un-surfaced areas, and other areas where compaction is less critical. Type C Trench Backfill is typically used in open and unimproved areas outside of the public right-of-way. 3. Meet the backfill and compaction requirements for all of the backfill typesdescribed in the contract documents. 4. Watering a. Apply uncontaminated water, when required, at the locations and in the amounts required to compact the backfill material to the specified requirements. Maintain an adequate water supply during the work. Assure the equipment used for watering is of the capacity and design to provide uniform water application. b. Apply water during the work to control dust and to maintain allembankment and base courses in a damp condition in accordancewith these contract documents. c. Water required for compacting trench backfill may be obtained from the municipal system if approved by the Owner, or from other sources. 5. Remove, replace, and re-compact backfill in trenches where settlement has occurred as directed by the Engineer at the contractor's expense. 6. Trench backfill types are designated as follows: a. Type A Trench Backfill. Place trench backfill in maximum 8 inch compacted lifts within 3 percent of optimum moisture content, and compact to at least 95 percent of maximum dry density determined by AASHTO T99 or by ASTM D698. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 12 of 17 • b. C. d. Type B Trench Backfill. Place backfill in maximum 8 inch (205mm) lifts, within 3 percent of optimum moisture content, and compact to at least 90 percent of maximum dry density, as determined by AASHTO T99 or by ASTM D698. Type C Trench Backfill. Place and compact Type C Trench Backfill in maximum 12 inch lifts at densities equal to or greater than the densities of adjoining undisturbed soil. Mound earth over the trench top, if so directed by the Engineer. Flowable Fill. Place flowable fill as trench backfill as shown in the contract documents or as directed by the Engineer. Flowable fill may also be used as a construction expedient, substituting for any type of trench backfill, subject to approval by the Engineer and at the expense of the Contractor. D. Replacement of Unsuitable Backfill Material 1. Remove and dispose of excavated soils that are saturated, contain deleterious materials or have characteristics that, in the opinion of the Engineer, render the soils unsuitable as backfill. 2. Replace unsuitable soils with material obtained from trench excavationswithin the project limits at the expense of the Contractor. If suitable replacement material is not available within project limits, obtain material from an approved borrow source, to be paid for as Imported BackfillMaterial. 3. Place and compact all imported material according to the applicablebackfill specification requirements. E. Backfill of Appurtances 1. Place and compact backfill for appurtenances to finished grade around manholes, inlets, valve boxes and other underground items without disturbing appurtenance alignments. 2. Meet the backfill material, placement, and compaction requirements specified for the adjoining trench. F. Detectable Buried Warning Tape 1. The use of warning tape is optional and if used must not be relied on as the primary locating device. Provide warning tape as described in PRODUCTS Section 2.3. Bury tape a maximum 18 inches ( 45cm) belowfinish surface grade. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 13 of l7 • 3.7 SURVEY MARKERS AND MONUMENTS A. Protect all survey markers and monuments. Protection includes marking withflagged high lath and supervising work near markers and monuments. Do notdisturb monuments without prior approval from the Engineer. B. Replace all Contractor disturbed or destroyed survey markers or monuments, notapproved during construction, using a licensed land surveyor. See Section 01050 for details on survey marker protection/disturbance. 3.8 CLEANUP A. As work progresses, remove debris and complete to finish grade each portion ofthe work. Once the work is complete, clear debris and finish the entire site to smooth, uniform slopes presenting a neat and workmanlike appearance. Removeand dispose of all rocks brought to the surface during excavation or backfilling. 3.9 TIME AND DISTANCE OF OPEN TRENCHES A. Perform the work so that trenches will remain open the minimum time required to accomplish the work. B. Do not begin trench excavating until appropriate compaction equipment is at theexcavation site. C. The maximum permissible distance between backfilling/ compaction operationsand the end of newly installed pipe is 200 feet (60m) in existing streets (and/oralleys) and 500 feet (150m) in all other areas. D. The maximum distance between the newly installed pipe and the excavator is to be 100 feet (30m) in existing streets (and/or alleys) and 200 feet (60m) in all otherareas. E. For each work group consisting of a trench excavator, a pipe laying crew, and abackfilling/compacting crew, the maximum allowable open ditch at any time is 300 feet (90m) in existing streets (and/or alleys) and 700 feet (210m) in all otherareas. F. The maximum distance behind the end of the new pipe is 1,500 feet (460m) forgravel surfacing replacement, base placement or pavement replacement. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 14 of l7 • PART 4: MEASUREMENT AND PAYMENT 4.1 GENERAL A. The following items constitute pay items for the work covered under this section.Payment for these items is full compensation for providing all materials, tools,labor and equipment necessary to complete the item and all incidental workrelated thereto, whether specifically mentioned herein or not. 4. 2 TRENCH EXCAVATION AND BACKFILL A. No separate measurement and payment is made for TRENCH EXCAVATIONAND BACKFILL. Include all costs for this item in the unit price bid for pipe,complete in-place. B. The upper limit of the TRENCH EXCAVATION AND BACKFILL item is defined as the top of subgrade. Details of the various types of surface restorationare found in the contract documents. 4. 3 TYPE 1 AND SELECT TYPE 1 PIPE BEDDING A. Include approved material for Type 1 and Select Type 1 Pipe Bedding in the pipeinstallation price. No measurement or additional payment is made for furnishingor placing Type 1 and Select Type 1 Pipe Bedding materials. 4. 4 TYPE 2 PIPE BEDDING A. Approved material for Type 2 Pipe Bedding to replace soft or unsuitable material,is measured in cubic yards (cubic meters) of material furnished, in-place, for thedepth directed. B. Payment for Type 2 Pipe Bedding is made at the contract unit price bid per cubicyard (cubic meter), which includes furnishing, placing and compacting the Type 2Bedding material as specified and all other work necessary or incidental forcompletion of the item. C. Payment quantity is based upon an excavation width of 2.0 feet (0.6m) plus theoutside pipe diameter with a minimum payment width of 3.5 feet (l. lm). D. If Type 2 Bedding is placed without the engineer's authorization, the Type 2Bedding is a construction expedient solely for the contractor's convenience and no payment for Type 2 Bedding is made. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 15 of 17 • E. Payment will be made under: Type 2 Pipe Bedding -Per Cubic Yard (Cubic Meter). 4. 5 IMPORTED BACKFILL MATERIAL A. When satisfactory backfill material is not available within the project limits, backfill material imported from borrow sources outside the limits of the project site are measured in cubic yards of material furnished, in place ( compacted), for the depth directed by the Engineer. B. The trench width for measurement and payment is 2.0 feet (0.6m) plus the outside pipe diameter, with a minimum payment width of 3.5 feet (I. Im), measured between vertical planes for the depth required. C. Payment for imported backfill material is made at the contract unit price bid per cubic yard, which includes furnishing, placing, and compacting the backfill material as specified and all other work necessary or incidental for completion ofthe item. D. No separate measurement and payment is made for this item when, in the engineer's opinion, suitable surplus material is available within the project limits, in which case all costs for this item are to be included in the unit price bid for pipe, complete in-place. E. Payment for Imported Backfill will be made only if the Engineer determines surplus material is not available within the project limits. F. Payment is made under: Imported Backfill Material -Per Cubic Yard (Cubic Meter). 4.6 EXPLORATORYEXCAVATION A. Measurement of this item is made for the actual time, to the nearest one-half hour, for which the equipment and personnel are used and authorized by the Engineer for actual exploratory excavation and backfilling operations, including standby time between excavation and backfilling, to allow the Engineer to survey the underground utility. B. Payment is made at the contract unit price bid per hour, which includes providing the equipment on-site, with operator and fuel. Where exploratory excavation is outside of planned excavation limits, payment also includes any time required for compaction of the backfill, if necessary. Section 02221 - 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 16 of 17 • C. Surfacing repair will be paid separately, if required. D. Payment will be made under: Exploratory Excavation -Per Hour. 4. 7 GEOTEXTILE FABRIC A. Measurement and payment for geotextile fabric shall be by the linear foot oftrench. B.Payment for this item is full compensation for providing all materials, tools, labor and equipment necessary to complete the item and all incidental work related thereto, whether specifically mentioned herein or not. END OF SECTION Section 02221- 6th Edition TRENCH EXCAVATION AND BACKFILL FOR PIPELINES & APPURTENANT STRUCTURES Page 17 of17 DIVISION 3 -CONCRETE PART 1: GENERAL SECTION 03210 REINFORCING STEEL 1.1 DESCRIPTION A. This work is furnishing and placing reinforcing steel or wire fabric meeting the quality, type and size specified in the contract. 1.2 REFERENCES PART2: ASTMA-615 ASTMA-705 AASHTOM31 AASHTOM32 AASHTOM55 AASHTOM54 PRODUCT Deformed and Plain Billet-Steel Bars for Concrete Reinforcement Cold Drawn Steel Wire for Concrete Reinforcement Steel Welded Wire, Fabric, Plain, for Concrete Reinforcement Fabric Deformed Steel Bar or Rod Mats for Concrete Reinforcement 2.1 Furnish all new material meeting the following requirements. A. Bar Reinforcement 1. Furnish deformed reinforcement steel meeting ASTM A 615, (AASHTO M3 1) or ASTM A705, Grade 40 or Grade 60. a. Small quantities purchased from warehouses may, at the Engineer's direction, be accepted if bend tested under ASTM A615 or AASHTO M31. The test specimen must cold bend around a pin without cracking on the outside of the bent portion. B. Wire and Wire Mesh 1. Furnish wire meeting cold-drawn steel wire AASHTO M32 (ASTM A82) requirements. 2. Furnish wire mesh for concrete reinforcement meeting AASHTO M 55 (ASTMA A 185). Section 03210 - 6th Edition REINFORCING STEEL Page 1 of4 3. Furnish bar mats meeting AASHTO M54 (ASTM A 184). PART3: EXECUTION 3.1 PROTECTION A. Protect steel reinforcement from damage at all times. Place steel free from dirt, detrimental scale, paint, oil and other foreign substance. Clean steel reinforcement having easily removed rust, loose scale, and dust using an approved method. 3.2 FABRICATION A. Furnish four copies of shop details and placing drawings for all reinforcing steelto the Engineer for approval. Once checked, the Engineer will return two marked-up sets of prints or drawings for correction. The Engineer's review is only for general conformity with the plans. Checking the detailed dimensions is the Contractor's responsibility. The Engineer's review does not relieve the Contractor's responsibility to furnish all material meeting the Contract requirements. Detail Reinforcing, steel meeting the ACI "Standard Details and Detailing of Concrete Structures" and the "Manual of Engineering and PlacingDrawings for Reinforced Concrete Structures" published by the American Concrete Institute (ACI 315). B. Assure all bars are bent cold. Do not field bend any bar partially imbedded in concrete except as specified on the plans. C. Ship bar reinforcement in standard bundles, tagged and marked meeting the "Details and Detailing of Concrete Structures" (ACI 315) requirements. D. Concrete reinforcement and accessory details, not covered herein or on the drawings, must meet "Details and Detailing of Concrete Structures" and the "Manual of Engineering and Placing Drawings for Reinforced Concrete Structures" (ACI 315 and 315R) requirements. 3.3 PLACING AND FASTENING A. Accurately place and hold firm all steel reinforcement in the plan locations as concrete is being placed. B. Support and fasten together all reinforcement to prevent displacement due to construction loads. It is permissible to use on ground, where necessary, concrete support blocks having a minimum 4 square inches (2580 MM2) bearing area and having a compressive strength equal to the concrete being placed. Use approved bar chairs and spacers over form work. For concrete surfaces exposed to the Section 03210 REINFORCING STEEL Page 2 of 4 weather in the finished structure, assure the portions of all accessories within ½- inch (12.7 mm) of the concrete surface are noncorrosive or protected against corrosion. C. Overlap welded wire fabric for successive mats or rolls providing an overlapmeasured between outermost cross wires of each fabric sheet at least 2 inches(50.8 mm). Extend the fabric across supporting beams and walls to within 4 inches (101.6 mm) of concrete edges. It may extend through contraction joints.Adequately support the fabric during concrete placement to maintain its positionin the slab using the methods previously described or by laying the fabric on a concrete layer of the required depth before placing the upper slab layer. D. Offset vertical bars in columns at least one bar diameter at lap splices. Furnish templates for all column dowels. E.Obtain Engineer approval for all splices not shown on the plans. Mechanicalconnectors for reinforcing bars may be used if approved. F. Do not use pebbles, pieces of broken stone, concrete rubble, broken brick or building blocks, metal pipe, or wooden block to position the fabric. G. Follow the minimum concrete protective covering for reinforcement below. 1. Concrete deposited against ground: 76.2 mm (3 inches) 2. Formed surfaces exposed to weather or in contact with the ground: a. b. #6 bars or larger Smaller than #6 bars 3. Interior Surfaces: a. b. Beams, girders and columns Slabs, walls and joists: 1) 2) # 11 bars or smaller #14 and #18 bars 50.8 mm (2 inches) 38.1 mm (1-1/2 inches) 38.1 mm (1-1/2 inches) 19.05 mm (3/4-inch) 38.1 mm (1-1/2 inches) H. For corrosive atmospheres or fire protection, see special provisions for minimum covering requirements. I. Obtain Engineer approval of reinforcement placement before placing concrete.Remove and replace concrete placed without Engineer approval of reinforcing. J.Straighten fabric reinforcement shipped in rolls into flat sheets before placing it. Section 03210 REINFORCING STEEL Page 3 of 4 3.4 WELDING A. When specified or approved, weld reinforcing steel meeting "Reinforcing SteelWelding Code" (AWSD 1--4). Do not weld at bends in bars. Do not tack weld-crossbars without Engineer approval. PART4: MEASUREMENT AND PAYMENT 4.1 GENERAL A. Reinforcing steel used in the work is not measured. The cost of furnishing andplacing reinforcing steel is incidental and included in the unit price or lump sum price bid for various items of the work. END OF SECTION Section 03210 REINFORCING STEEL Page 4 of 4 DIVISION 15 -MECHANICAL AND PLUMBING SECTION 15010 GENERAL PIPING SPECIFICATIONS PART 1 -GENERAL 1.01 REQUIREMENTS INCLUDED These General Piping Specifications apply, in general, to all piping. They shall supplement the detailed piping sections, standard specifications, and the equipment sections. 1.02 REFERENCE STANDARDS Where ANSI, ASTM, AASHTO or other standards are referenced, applicable requirements of the last revision shall apply except as otherwise noted in these Special Provisions. 1.03 PIPE ITEMS NOT REQUIRING SUBMITTALS Unless otherwise required, for piping which is installed in accordance with the specification and the Drawings, pipe submittals will not be required prior to fabrication and installation. 1.04 PIPE ITEMS REQUIRING SUBMITT ALS A. Items not specifically called for in the detailed pipe sections. B.Any major relocations of piping from that detailed on the Drawings. C. Any change of materials, jointing methods, or supports from that specified or detailed on the Drawings. D. Details of additional supports not shown on the Drawings which are required to adequately support the piping. 1.05 AS-BUILT DRAWINGS The CONTRACTOR shall prepare and submit two complete sets of As-Built Drawings as specified in Section 01300. They shall be separate, clean blueprints reserved for the purpose of showing a complete picture of the piping and valve work as actually installed. These Drawings shall be kept current with the construction. The CONTRACTOR shall include dimensions to adjacent landmarks such as fences and power poles. The ENGINEER shall have the right to inspect the As-Built Drawings as the work progresses. 15010-1 Upon completion of the work, these As-Built Drawings shall be signed by the CONTRACTOR, dated, and returned to the ENGINEER for approval. Approved record drawings are a condition for final acceptance as discussed in Section 01300. PART 2 -MATERIALS 2.01 GENERAL REQUIREMENTS A. Pipe shall be standard weight pipe unless noted or specified otherwise herein or on the Drawings. B. Suitable caps or blind flanges shall be furnished as indicated on the Construction Drawings on pipes, valves, or branches that are to be left unconnected. Below grade flanges hardware shall be prepared with nickel based anti-seize lubricant, and shall be wrapped securely in plastic after installation. A sufficient length ofblank pipe shall be left where a cap is placed to enable cutting and installation of two or three fittings at a future date. Piping runs shown on the Construction Drawings shall be followed as closely as possible except for minor adjustments to avoid other piping or structural features. If major relocations are required, approval shall be obtained from the ENGINEER. C. Materials shall be new and in perfect condition. Materials shall be of the same type and manufacture for similar use, unless otherwise approved. No item or material shall be installed for any purpose not recommended by the manufacturer. Workmanship shall be of the best standard practice of the trade. PART 3 -EXECUTION 3.01 HANDLING A. Pipe, fittings, valves and accessories shall be handled in a manner that will ensure installation in sound, undamaged condition. Equipment, tools, and methods used in unloading, reloading, hauling and laying pipe and fittings shall be such that they are not damaged. Hooks inserted in ends of pipe shall have broad, well padded contact surface. B. The CONTRACTOR shall provide slings with protective sleeves in order to protect the pipe surface. 3.02 MANUFACTURER INSTRUCTIONS Manufacturer instructions and recommendations shall apply to installation of piping unless otherwise specified. When requested by the ENGINEER, the CONTRACTOR shall furnish the manufacturer's printed installation instructions before pipe installation. 3.03 CLEANING 15010-2 A. The interior of pipe and fittings shall be thoroughly cleaned of all foreign matter before being installed and shall be kept clean until the work has been accepted. Joint contact surfaces shall be kept clean until the jointing is completed. B. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being installed. No debris, tools, clothing, or materials shall be placed in the pipe. C. Gas piping headers and laterals will be under vacuum after installation. The CONTRACTOR, therefore, shall make special effort to prevent dirt, pipe shavings, or other materials from being drawn into these pipes. D. After installation, all newly installed piping must be cleaned and flushed with water of all debris. 3.04 CUTTING Cutting shall be done in a neat manner without damage to the pipe or lining. Pipe cuts shall be smooth, straight, and at right angles to the pipe axis. 3.05 TRENCH CONSTRUCTION A. Where pipe grades or elevations are not definitely fixed by the Construction Drawings, trenches shall be excavated to allow a minimum 24" of cover over the pipe as shown on the Construction Drawings. Greater pipe cover depths may be necessary in order to provide clearance between other pipes, conduits, drains, drainage structures, or other obstructions encountered at normal pipe grades. B. Trenches shall be excavated to a width which will provide adequate working space and pipe clearances for proper pipe installation, jointing and embedment. If the new pipe is to be installed in a fill or backfill area, the CONTRACTOR shall complete the fill or backfill to a minimum of two feet above the top of the pipe and then excavate the trench. See Section 02200. 3.06 PLUGGING OPEN END PIPES Whenever pipe laying is stopped, the open end of the line shall be sealed with an approved mechanical watertight plug. Tape is not acceptable. Water that may have entered the trench shall be removed prior to removing the plug. It is essential that no mud, trench water, or other foreign matter be permitted to enter the pipeline at any time. 3.07 INSPECTION Pipe and fittings shall be carefully examined for cracks and other defects while suspended, immediately before installation in final position. Spigot ends of pipe shall be 15010-3 examined with particular care. Defective, damaged, or unsound pipe and fittings shall be rejected and removed from the work site. END OF SECTION 15010-4 PART 1 -GENERAL SECTION 15050 FLEXIBLE CONNECTIONS 1.01 REQUIREMENTS INCLUDED Flexible connectors shall consist of flexible hoses located on the main header piping to allow for pipe expansion and contraction. PART 2 -MATERIALS 2.01 ABOVE GROUND CONNECTORS Above ground flexible hoses shall be equal to the adjacent nominal pipe size and made from a flexible material, and shall be reinforced with stainless steel (SS) or steel wire. The ends shall be capable of instaliation on standard IPS size PVC pipe. For piping 12" and under, the flexible connectors shall withstand temperatures from - 65 °F to 325 °F without any adverse effect. It shall be suitable for the following range of pressures: a minimum 80 inches water column vacuum and 20 inches water column pressure. The flexibility for contraction and expansion shall be a minimum of 50 and 20 percent, respectively, of its original size. The hose shall be capable of bend radius equal to 1.5 times the nominal pipe diameter. The flexible hose shall be Snook Landfill Gas Hose, LFG44, or approved equal. The minimum hose length shall be 24 inches. For piping over 12", the flexible connectors shall withstand temperatures from -60°F to 200°F without any adverse effect. It shall be suitable for the following range of pressures: a minimum 80 inches water column vacuum and 20 inches water column pressure. The flexibility for contraction and expansion shall be a minimum of 50 and 20 percent, respectively, of its original size. The hose shall be capable of bend radius equal to 1.5 times the nominal pipe diameter. The flexible hose shall be Ultra Flex model UF-12-24 and UF-18-24 for 12" and 18" diameter pipes, respectively, as manufactured by LFG&E, Santee, CA or approved equal. The minimum hose length shall be 24 inches. END OF SECTION 15050-1 SECTION 15066 STAINLESS STEEL PIPE, TUBE, AND FITTINGS PART 1 -GENERAL 1.01 REQUIREMENTS INCLUDED A. Stainless steel piping complete with fittings, jointing materials, hangers and appurtenances shall be furnished for the flare station and condensate sumps and installed as shown on the Construction Drawings. B.Stainless steel tubing complete with fittings, joining materials hangers and appurtenances shall be furnished for the flare station as shown on the Construction Drawings. PART 2 -MATERIALS 2.01 COMPONENTS A. All stainless steel LFG conveyance piping and fittings shall conform to ANSI B36.19M-85. All stainless steel piping shall be schedule lOS. Steel type shall be 304 or 316 sheet and plate per ASTM 240. Fabrication shall be in accordance with ASTM A 778 with dimensional tolerances in accordance with ASTM A530.Welding procedures shall be in accordance with ANSI B31.1, paragraph 127.5. B.Pipe supports, guides and anchors shall be located as required by MSS-SP69, and shall be fabricated in accordance with MSS-SP58. C. All LFG condensate stainless steel piping 1-inch and smaller in size shall be 316 and shall conform to ANSI B36.19. PART 3 -EXECUTION 3.01 STORAGE AND HANDLING A. All pipes and fittings shall be handled carefully in loading and unloading. Theyshall be lifted by hoists and lowered on skid ways in such a manner to avoid shock. Pipe and fittings shall not be dropped or dumped. Ensure that piping has accurate alignments and grade adequate support pipes. Where temporary supports are used, ensure rigidity to prevent shifting or distortion of pipe. Pitch 15066-1 pipes toward low points and provide for draining low points. Provide for expansion where necessary. Before assembly, remove dirt and chips from inside pipe and fittings 3.02 PIPE JOINING A. Stainless steel pipes 1-inch in diameter and larger shall be flange joined or weld joined. Flange joints shall be with bolt studs and nuts and washers on each end or studs and nuts and-washers with one tapped flange. Fittings shall be butt weld type manufactured in accordance with ASTM-A-774, bolts and nuts shall be grade 8 or yellow zinc dichromate. Welded joints shall be in accordance with ANSI B31.1, paragraph 127.5. Provide sworn certificates showing compliance with materials used and shop tests performed with appropriate standards. Submit reports for welding certification per ANSI B3 l .1 paragraph 127 .6 B. Stainless steel lines less than 1 inch in diameter shall be tubing and utilize compression fittings for joining. Compression fittings shall be 316 stainless steel having pressure rating equal to or higher than the stainless steel tubing. END OF SECTION SECTION 15100 HIGH DENSITY POLYETHYLENE PIPING PART 1 -GENERAL 1.01 REQUIREMENTS INCLUDED High density polyethylene piping, complete with fittings, jointing materials, hangers and other accessories shall be furnished and installed where shown on the Construction Drawings, or are required for proper installation and functioning of the piping. PART 2 -MATERIALS 2.01 COMPONENTS A. All HDPE LFG header pipe and fittings shall be made from a polyethylene resin Type 3408, manufactured with ultraviolet inhibitors. B.The standard dimension ratio (SDR) for the high density polyethylene (HDPE) pipe shall be 17 for 4-inch and greater pipe. SDR 11 shall be used for 2-inch condensate and well piping and SDR 9 shall be used for 2 inch compressed air piping. C. The HDPE pipe fittings shall have the same specifications and pressure ratings of the HDPE. Fittings having a wall thickness different than the pipe shall not be used. D. HDPE pipe elbows and tees shall be molded type for 12-inch and under. Fabricated type elbows and tees shall not be used. PART 3 -EXECUTION 3.01 STORAGE AND HANDLING AND PLACEMENT A. The Contractor shall exercise care when transporting, handling, and placing HDPE pipe and fittings, such that they shall not be cut, kinked, twisted, or otherwise damaged. B.Ropes, fabric or rubber-protected slings and straps shall be used when handling HDPE pipe. Slings, straps, etc. shall not be positioned at butt-fused joints. Chains, cables or hooks shall not be inserted into the pipe ends as a means of handling pipe. C. Pipe or fittings shall not be dropped onto rocky or unprepared ground. Under no circumstances shall pipe or fittings be dropped into trenches, or dragged over sharp and cutting objects. 15100-1 0.HDPE pipe shall be stored on clean level ground, preferably turf or sand, free of sharp objects, which could damage the pipe. Stacking shall be limited to a height that shall not cause excessive deformation of the bottom layers of pipes under anticipated temperature conditions. Where necessary, due to ground conditions, the pipe shall be stored on wooden sleepers, spaced suitably and of such width as not to allow deformation of the pipe at the point of contact with the sleeper or between supports. The pipes should be stored out of direct sunlight. E.The maximum allowable depth of cuts, gouges or scratches on the exterior surface of HDPE pipe or fittings is 10% of the wall thickness. The interior of the pipe and fittings shall be free of cuts, gouges, and scratches. Sections of pipe with excessive cuts, gouges or scratches shall be removed and the ends of the pipe rejoined at no cost to the Owner. F.Whenever pipe laying is not actively in progress, the open end of pipe that has been placed shall be closed using a mechanical watertight plug. 3.02 PIPE JOINING A.The HDPE pipe and pipe fittings shall be joined by the thermal butt fusion method. B.Mechanical joining to other piping materials, fittings, and valves shall be accomplished with a HDPE flange adapter and cast steel backup flanges. The cast steel backup flanges shall be compatible for joining with ANSI-B 16.5, 150-pound bolt circle flanges, and shall be epoxy coated. C.The bolts and nuts and washers used for mechanical joining shall be grade 8 zinc dichromate-plated steel. Each bolt shall be installed with two (2) nuts and two (2)washers. 0. Butt fusion and saddle fusion of HDPE pipe shall be performed by qualified personnel. All personnel used by the Contractor for pipe installation shall have a HDPE welding certificate. The Contractor shall submit copies of these certificates for verification by the Engineer. No HDPE pipe shall be installed prior to submittal of this verification. E. HDPE to PVC transitions for small diameter piping shall be performed with HDPE to PVC transition fittings, or with HDPE to stainless steel transition fittings. A threaded PVC coupling shall be utilized when transitioning from the threaded portion of the transition fitting to the PVC pipe. END OF SECTION 15100-2 PART 1 -GENERAL SECTION 15200 PVC PIPING 1.01 REQUIREMENTS INCLUDED PVC piping, complete with fittings, jointing material and other accessories shall be furnished and installed where shown on the Construction Drawings, or are required for proper installation and functioning of the piping. PART 2 -MATERIALS 2.01 GENERAL PVC pipe shall be Schedule 40 unless noted or specified otherwise herein or on the Construction Drawings and shall conform to ASTM D 1785, PVC 1120. 2.02 PLASTIC PIPE COMPOUNDS The rigid unplasticized compound from which PVC pipe, fittings, and appurtenances shall conform to ASTM D 1784, Class 12454B -for polyvinyl chloride. 2.03 FITTINGS Schedule 80 fittings shall conform to the requirements of ASTM-D-2467 for socket type joints and shall have a minimum pressure rating of 100 psi at 73 °F. Large diameter fittings may be fabricated conforming to the above pressure rating. 2.04 FLANGE GASKETS Neoprene full-face gaskets 1/8-inch thick of 45 to 60 durometer (shore "A") hardness are required for flanged joints. 2.05 FLANGE BOLTING The bolts and nuts and washers used for mechanical joining shall be grade 8 zinc dichromate-plated steel. Each bolt shall be installed with a nut and two (2) washers 2.06 SOL VENT PRIMER Socket type connections shall be primed with primer furnished by the supplier of the PVC pipe and fittings. 15200-1 2.07 SOL VENT CEMENT Socket type connections shall only be joined by heavy duty solvent cement furnished by the supplier of the PVC pipe and fittings, and shall conform to ASTMD2564. PART 3 -EXECUTION 3.01 STORAGE Plastic pipe, fittings and appurtenances shall be stored in a flat, horizontal position until ready for installation and protected from direct sunlight for extended periods of time. 3.02 JOINTS A. PVC pipe fittings and appurtenance shall be provided with solvent joints, except where otherwise shown. B. Solvent welded joints shall be made in accordance with ASTM D 2855. The ends of the plastic pipe shall be cut square and smooth, beveled and wiped clean. C. Primer shall first be applied to the outside of the pipe and the inside of the fitting socket with a small paint brush or other approved applicator. D. After priming, solvent cement shall be applied to the outside of the pipe and the inside of the fitting socket with a small paint brush or roller applicator. Solvent shall be applied in such a manner that no material is deposited on the interior surface of the pipe or extruded into the interior ofthe pipe during joining. The coated surfaces shall be immediately pushed snugly together and the pipe rotated approximately 1/4 tum to ensure uniform distribution of cement. Excess cement on the exterior of the joint shall be wiped clean immediately after assembly. E. Care shall be exercised in assembling a pipeline with solvent welded joints so that stress on previously made joints is avoided. Handling of the pipe following jointing, such as lowering the assembled pipeline into the trench, shall not occur prior to set times specified in ASTM D 2855. 15200-2 3.03 PAINTING AND PROTECTION PVC piping installed ab_ove ground shall be proteGted against the effects of ultra violet (UV) light by the application of a heavily pigmented, two part, self priming, epoxy paint formulated for exterior use, and shall be manufactured with UV inhibitors. Paint shall be Tnemec Series 66 Hi-Build Epoxoline, or approved equal. Paint coating shall have a minimum dry thickness of 4 microns (7 microns wet). Paint color to be determined by the OWNER. END OF SECTION 15200-3 SECTION 15800 VALVES PART 1 -GENERAL 1.01 REQUIREMENTS INCLUDED This section covers all valves, operators and appurtenances except where specific requirements are given in other sections. The CONTRACTOR shall furnish and install all valves complete with all operators, specialty items and appurtenances as shown on the Construction Drawings and specified herein. Pipe and valve purchase orders shall be coordinated to ensure proper installation of the valves and piping in conformance with the specified requirements. PART 2 -EQUIPMENT 2.01 BUTTERFLYVALVES Shall conform to A WW A Standard C504 for rubber seated butterfly valves, except as seats shall be mounted securely for complete immobility under all operating conditions. 2.02 CONSTRUCTION A. Valve seat shall be mounted on the body only. Mounting on the disk will not be acceptable. B.Manufacturers: Muessco, Keystone, Flow-Seal, Asahi, Demeo or acceptable equivalent. C. Body of butterfly valve to be of lug design, cast iron, and bolt pattern compatible with 150 lb. ANSI flanges. Lug body shall be drilled and tapped for mounting bolts. D. Disk shall be type 304 or 316 stainless steel. E.Seats and seals shall be EPDM. F. Shaft shall be type 304 or 316 stainless steel. Either one-piece unit extending completely through the valve disk or stub shaft comprising two separate shafts inserted into valve disk hubs shall be utilized. 2.03 BALL VALVES 15800-1 Ball valves used on the condensate sump assemblies, condensate drain and vent lines shall be manufactured by Asahi or approved equal. A. Ball valves shall be True Union Type unless noted otherwise on the Drawings. B.Full port design. C. Pressure rated at 150 psi at 73 degrees F. D. Body shall be constructed of PVC plastic. E. Seals and seats shall be Teflon or EPDM. 2.04 GATE VALVES A. Gate valves shall be used for well flow modulation and installed at well to header connections as shown on the Construction Drawings. Valves must be within easyreach of the operator and shall not be installed at a depth greater then 18 inches to the valve handle. Valves shall be screw gate valve type, or approved equal, and shall have the following characteristics: B.2" diameter SOC connections. C. Valve body shall be of one single mold (Unibody) and shall be fabricated from PVC. D. Valve stem shall be stainless steel. E. Straight through flow design. F. Replaceable internal components. G. Seals shall be EPDM. H. Paddle shall be Acetal. 2.05 MANUAL OPERATORS A. All valves shall be provided with a manual operator unless otherwise noted on the Construction Drawings or specified. The direction of rotation of the wheel, wrench nut, or lever to open each valve shall be to the left (counterclockwise). Each valve body or operator shall have cast thereon the word OPEN and an arrow indicating the direction to open and shall be visible to the operator when the valve is in its final position. 15800-2 B.Operator mounting arrangements and hand wheel positions shall be as shown on the Construction Drawings or as directed by the ENGINEER. C. Unless otherwise shown on the Construction Drawings or specified herein, abovegrade 6-inch diameter and smaller butterfly valves shall have position lockinglever, and below grade valves 6-inch and smaller shall be provided with a square nut type operator and valve stem extension. This allows buried gear operated valves to be actuated from ground level. A gear operator with hand wheel shall be mounted on the extension. The valve extension shall extend to greatest height possible without interference of valve box. Eight-inch and larger butterfly valvesshall be provided with a weatherproof, enclosed worm gear operator. Gear operators shall be sized for the hydrostatic test pressure in the line or the pressure rating of the valve. All valves shall be equipped with a visual position indicator. D. Wrench nuts shall be provided on all buried valves where shown on the Construction Drawings. Not less than two operating keys shall be furnished for operation of the square nut operated valves. E. Buried valves, shall be supplied with a valve stem extension. This allows buried gear operated valves to be actuated from ground level. A gear operator with hand wheel shall be mounted on the extension and installed in a concrete vault. The valve extension shall extend to the greatest height possible without interference ofthe vault. PART 3 -EXECUTION 3.01 GENERALREOUIREMENTS A. Each valve which is installed with any portion below grade shall be provided with a valve box of the type and design shown on the Construction Drawings. B.Valves and valve boxes shall be set plumb. Each valve box shall be placed directly over the valve it serves, with the top of the box brought three inches above the finished grade. After being placed in proper position, earth shall be filled in around each valve box and thoroughly tamped for a distance on each side of the box of four feet at the top of the pipe and two feet measured at the top ofthe trench. C. Each valve shall be inspected before installation to ensure that all foreign substances have been removed from within the valve body; and they shall be opened and closed to see that all parts are in first-class working condition. Geared valves shall be inspected to see that all gears are properly lubricated. D. All valves of the same type shall be of the same make unless otherwise approved by the ENGINEER. Equals may be substituted for the manufacturers listed with the approval of the ENGINEER. 15800-3 E. Valves shall be line size except as shown otherwise on the Construction Drawings. Ratings specified are minimum unless noted otherwise. F. All automatic operated valves shall be tagged by the manufacturer in accordance with the instrument tag numbers shown on the Construction Drawings. G. When installing butterfly valves on HDPE piping and fittings, it is the CONTRACTOR's responsibility to assure proper operation of the valve. At all times the valve shall be capable of opening and closing 100% without any interference from the adjoining pipe and/or fittings. Should interference occur between a butterfly valve and the pipe due to the wall thickness of the pipe and/or fittings, the CONTRACTOR shall furnish valve spacers or consult with the valvemanufacturer to allow free movement without any interference. All modifications are subject to the ENGINEER's approval. H. In order to protect flange hardware, butterfly valves installed below grade shall be securely wrapped in plastic. Flange hardware for below grade valves will be coated with nickel based anti-seize lubricant prior to installation. END OF SECTION 15800-4 15900-1 SECTION 15900 PRESSURE TESTING OF PIPE PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A.Leak testing shall be conducted by the Contractor on the following lines: a.All LFG extraction piping installed by the Contractor. b. All propane gas piping.c.All condensate discharge piping.d. All compressed air supply lines. B.The procedure and equipment to be used shall be approved by the Engineer prior to testing any line. Leakage tests shall be performed on all piping after installation and before backfilling where pipe is buried or encased. PART 2 - TESTING EQUIPMENT 2.01 GENERAL The Contractor shall provide necessary piping connections between the section of line being tested and the nearest available source of air, or test fluid, together with test pumping equipment, pressure gauge and other equipment, materials and facilities necessary to make the specified tests. The Contractor shall provide temporary sectionalizing devices and vents as required for testing. Vents are to be left plugged if not required for the permanent installation. PART 3 - EXECUTION 3.01 TESTING PROCEDURE A.The specified test pressures shall be as measured at the horizontal centerline of thelowest point of the piping under test. B.Each pipeline shall be adequately braced and supported before tests are made. Partial backfilling between joints of pipelines in trenches is permissible to prevent movement under test pressure, subject to approval by the Engineer. C.Pipelines that have no valves may be closed with blind flanges or caps on the endsof the section to be tested. Discrete sections of the system can be pressure tested separately in order to isolate leaks, however the final pressure test may be performed on large sections of the system. 15900-2 D.Tests shall be made before the piping has been enclosed in any manner that will prevent inspection during the test. E.Leakage testing for the LFG extraction system piping shall be performed by pressurizing piping to 2 psig and holding for one hour with no more than 0.5 psigpressure drop within that time frame. Allowable pressure drop may be increasedfor pipe sections longer than 600’. A soap and water solution (leak detection fluid) must be applied to all joints and the joints inspected for leakage by the formation of bubbles at the point of leakage. Any leaks detected must be repaired even if the test meets the set requirements. All of these lines, either individually or in common, are to be pressurized to 2 psig. All joints and connections shall bevisually inspected for leaks after applying the leakage detecting fluid. BecausePVC is shock sensitive and brittle at low temperatures, the Contractor shall regulate the test pressure or vacuum such that when pressurizing or evacuating any PVC or PE line with air, the test pressure shall never exceed 2 psig. The Contractor is cautioned that high test pressures, when using air or gas to pressurize, can shatter a considerable length of PVC pipe and pieces of the pipecan be propelled for long distances. F.Leakage testing for the propane, compressed air, and condensate system piping shall be performed by pressurizing piping to 135 psig and holding for one hour with no drop in pressure. A soap and water solution (leak detection fluid) must be applied to all joints and the joints inspected for leakage by the formation ofbubbles at the point of leakage. Any leaks detected must be repaired even if thetest meets the set requirements. All of these lines, either individually or in common, are to be pressurized to 135 psig. All joints and connections shall be visually inspected for leaks after applying the leakage detecting fluid. G.The Contractor, at his own expense, shall make necessary repairs or replacements in accordance with the Specifications. Repairing and testing shall be repeateduntil the pipeline installation conforms to the specified requirements and isacceptable to the Engineer. H.After the test has been concluded, the pipeline shall be restored to a condition satisfactory to the Engineer. I.It is intended that piping, whether tested after installation or not, shall be air-tightand free from visible leaks. Each leak which is discovered within one year after final acceptance of the work by the COP shall be repaired by and at the expense of the Contractor. J.Pumps, air compressors, instrumentation and similar equipment shall not besubjected to the pressure tests. 15900-3 K.All pressure testing performed shall be witnessed by the Engineer. The Contractor shall maintain a record of all pressure tested components. Each line item of the record shall be accepted by the Engineer. Acceptance of the pressure test by the Engineer shall not release the Contractor from its warranties. END OF SECTION G-101 TITLE SHEET (THIS SHEET) FEBRUARY 2024 BOZEMAN LANDFILL CONSTRUCTION PLANS BOZEMAN, MONTANA INDEX OF DRAWINGS SVE SYSTEM EXTENSION LOCATION MAP N.T.S. P-101 SITE OVERVIEW D-101 SVE SYSTEM DETAILS VICINITY MAP N.T.S. SITE ADDRESS: 2143STORY MILL ROADBOZEMAN, MONTANA SITE LOCATION VAULT (EXISTING) AI WELL (EXISTING) SVE WELL (EXISTING) LEGEND MAJOR CONTOUR (EXISTING) MINOR CONTOUR (EXISTING) SVE PIPELINE (EXISTING) AIR LINE (EXISTING)A METHANE WELL (EXISTING) TREE BUSH METHANE PIPELINE (EXISTING) SVE PIPELINE (PROPOSED) SVE PIPELINE ROAD CROSSING (PROPOSED) SVE WELL (PROPOSED) MARK DATE DESCRIPTION BY Checked By: Drawn By: Project No.: Designed By: www.tetratech.com 1/8/2024 5:55 PM - O:\A-G\BOZEMAN CITY OF\114-710326I - 23-24 GW & PERIMETER METHANE\07-CAD\SHEETFILES\G-100 - SVE COVER SHEET.DWG1 A 2 3 4 5 6 7 B C D E F Bar Measures 1 inch 114-7103261 JSS LC G-100 Copyright Tetra TechBOZEMAN, MONTANA2024 SVE EXTENSION PROJECT BOZEMAN LANDFILL COVER SHEET825 W. Custer Ave.Helena, Montana 59602PHONE: 406-443-5210 FAX: 406-442-7182 G G G G GGGGGGGGGGGGGGGGUGPUGPUGPUGPUGTUGTUGTLF PROPERTY BOUNDARYAND CHAIN LINK FENCE APPROX. LOCATIONOF PARK PATH AI-6 SVE-9 SVE-16 SVE-8SVE-15 SVE-17 WITHREMOTE WELLHEAD SVE-18 WITHREMOTE WELLHEAD SVE-19 WITHREMOTE WELLHEAD SVE-20 WITHREMOTE WELLHEAD 6" Ø DR17 HDPEBLIND FLANGE INSTALL TYP. SVEREMOTE WELLHEAD INSTALL 6"Ø DR17 HDPEIN CARRIER PIPESEE DETAIL1 D-101 INSTALL 6"Ø DR17SVE HDPE 4 D-101STORY MILLROAD6"Ø DR17 HDPEPIPELINE &PROFILE BELOW 4810 48104820 4804 48044806 48064808 48084812 4814 4816 4818 4822 4824 4826 4828 4820481248 1 4 4816 48 1 8 +010+1 0 0 +200+ 3 0 0 +315 4' GAP IN CARRIER PIPE 4' GAP IN CARRIER PIPE TIE TO EXISTINGSVE HEADER6"Ø DR17 TEE(INV. 4803.5'±) CONTRACTORSTAGINGAREA LANDFILL ENTRANCE UG POWER(APPROX.) UG TELEPHONE(APPROX.) UG POWER(APPROX.) SVE-21TYP SVEREMOTEWELLHEAD SVE-22TYP SVEREMOTE WELLHEAD SVE-23TYP SVEREMOTE WELLHEAD TIE TO EXISTINGSVE HEADER 6" DR 17 TEE TIE TO EXISTINGSVE HEADER 6" DR17 TEE 4"Ø SDR 17 HDPE(80 FEET)4"Ø SDR 17 HDPE(70 FEET) 4"Ø SDR 17 HDPE(50 FEET) 4 D-101 4795 4800 4805 4810 4815 4820 4825 4795 4800 4805 4810 4815 4820 48250+10 0+50 1+00 1+50 2+00 2+50 3+00 3+15 EXISTING GROUND 6" DR17 HDPE PIPELINE 0+104809.24803.504809.54803.754809.44804.004809.44804.250+504809.94804.504810.04804.754810.34805.004810.74805.254811.04805.501+004811.54805.754812.34806.004813.24806.334813.94806.654814.14806.971+504814.24807.304814.44807.624814.54807.944814.64808.274814.84808.462+004815.14808.624815.24808.784815.14808.944815.14809.114815.24809.272+504815.44809.434815.84809.594816.64809.764817.14809.924817.64810.083+004817.54810.244816.64810.403+15.154816.54810.49EXISTGROUND(TYP.)PIPELINEINVERT(TYP.) TIE-IN TO EXISTING SVEPIPELINE (INV. 4803.5'±) MARK DATE DESCRIPTION BY Checked By: Drawn By: Project No.: Designed By: www.tetratech.com 117-560487F.900 JSS LC P-101 BOZEMAN, MONTANA2024 SVE EXTENTION PROJECT BOZEMAN LANDFILL SITE OVERVIEW AND PIPELINE PROFILE825 W. Custer Ave.Helena, Montana 59602PHONE: 406-443-5210 FAX: 406-442-7182 N 0 SCALE: 15 30 60 1" = 30' SVE EXTENSION PROFILE SCALE: 1" = 20' NOTES 1. LOCATION OF UTILITIES SHOWN ARE TO BE CONSIDEREDAPPROXIMATE. CONTRACTOR TO VERIFY UTILITIES ANDTHEIR LOCATION PRIOR TO EXCAVATION. 1 6" x 4"HDPE REDUCER NTSTYPICAL SVE REMOTE WELLHEAD DETAIL AT MANIFOLD 6" OR 8" SDR 17 HDPESVE GAS HEADER 6" HDPE TEE 2" PRECISIONCONTROL VALVE GAS FLOW2" DIA. FLEXIBLE 4" x 2" FLEXIBLE 1/4" SAMPLE PORT TEMPERATURE PORT 2" QED HORIZONTAL WELLHEADASSEMBLY OR APPROVED EQUAL(REMOTE)6"CEMENT SLURRY NTS ROAD CROSSING DETAIL 48" Ø X 4'ANDERSON PRECASTMANHOLE SECTIONW/ COVER & HALLIDAYW153636 ACCESSDOOR BARB WITH CAP COUPLING (FERNCO)WITH 20% HOSE WITH CLAMPS BENTONITE POWDER I.D. TAG PER DETAIL2, 2" SDR 9 OR 11 HDPE PIPE (PER PLAN) 6"± WELL I.D.: "EW-37" ## BORE DEPTH## PERFORATED PIPE## SOLID PIPE ENGRAVED LETTERS/NUMBERSPER WELL TABLE, MINIMUM 1/4" HIGH 1 1/2" X 3" BRASS PLATE(ENGRAVED NUMBERS) TYPE 1 BEDDING MARKER TAPE WITH TRACERWIRE "CAUTION GAS LINE"(12" BELOW-GRADE) HDPE PIPE(S) PER PLAN 4"MIN(TYP)6' TYPICALEXISTINGGRADE SOIL AND/OR WASTE 14" MIN. 3/32" STAINLESS STEEL WIRE ROPEWITH OVAL SLEEVE CLAMP, MCMASTERCARR OR APPROVED EQUAL TYPE A COMPACTED SOILBACKFILL NTS WELL I.D. TAG DETAIL NTS TYPICAL TRENCH SECTIONMAY BE DEEPER AT SOMELOCATIONS TO MAINTAIN3% MINIMUM SLOPENOTE: IF WASTE ISENCOUNTERED DURINGTRENCHING, 6-INCHESOF CLEAN SOIL SHALLBE USED AS PIPEBEDDING. TYPE A COMPACTEDSOIL BACKFILL 12" CORRUGATED HDPESLEEVE (LENGTH PERPLAN) 4" MIN TYPALL SIDES MARKER TAPE WITH TRACER WIRE,"CAUTION AIR OR GAS LINE"(12" BELOW-GRADE) EXISTING ROAD GRADE 24"6'±SAWCUT EXISTING ASPHALT WHEREENCOUNTERED. OWNER TO REPAIR. 6" SDR17 HDPE GAS HEADER 2' PEA GRAVEL 12"4" PVC CAP NATIVE SOIL 5 -NTS TYPICAL SVE WELL DETAILDSDB GEONET "DONUT" WITH HEAT-BONDED GEOTEXTILE SVE WELL DRILLING SCHEDULE DEPTH IN SOLIDSLOTTEDFEET (D )B PIPE (D )SPIPE (D )P 3'±# SVE-17 CEMENT SLURRY WITH 20%BENTONITE POWDER GROUND SURFACE PIPE LENGTH (FEET) WELL ELEV. (AMSL, FT.)WELL COORDINATES NORTHING EASTING BOREHOLE SVE-18SVE-19 SVE-20 6"4" SCH 80 SLOTTED PVC WELL CASING0.040" SLOTS WITH 1/4" SPACING(15.94" OF OPEN AREA/LINEAL FOOT) GROUNDWATER TABLE5'4" SCH 80 PVC PIPE NOTES: APPROXIMATE DP1' MIN. CLEAN SOIL PLUG NOTESDEPTH TOGROUNDWATER ANTICIPATED 1. IF GROUNDWATER IS ENCOUNTERED PRIOR TO REACHING FULL DEPTH,A 5' THICK BENTONITE SEAL SHALL BE INSTALLED. REDUCE THE LENGTHOF THE SLOTTED PIPE SO THE SLOTTED PIPE SITS 5' ABOVE THEGROUNDWATER LEVEL.2. MODIFICATIONS TO CONSTRUCTION AND INSTALLATION OF SINGLECOMPLETION WELLS WILL BE MADE BASED UPON GEOLOGY ASOBSERVED IN THE FIELD. 537847.3682' 1579951.1011' 4"x2" PVC REDUCER 4812.45' 537907.8053' 1579974.2401'4814.65' 537980.5222' 1579984.5921'4815.58'538046.9022' 1579983.3277'4820.15' SVE WELLSEE DETAIL 4" PVC COUPLING 4" HDPE TO SSTRANSITION FITTING (SOC X FPT)REMOTEWELLHEADSEE DETAIL 57 5555 55 37 3535 35 20 2020 20 62 6060 60 SELECTTYPE 1BEDDING TYPE 1 BEDDING SELECT TYPE 1BEDDING SVE-21 SVE-22SVE-23 537811.5402 1579836.1009 4802.58' 537838.9198 1579634.2609 4791.99 537830.2296 1579462.0324 4782.84 90 7050 30 3015 40 4035 x xx MARK DATE DESCRIPTION BY Checked By: Drawn By: Project No.: Designed By: www.tetratech.com 11/29/2023 4:09 PM - O:\A-G\BOZEMAN CITY OF\114-710326I - 23-24 GW & PERIMETER METHANE\07-CAD\SHEETFILES\D-101 - SVE DETAILS.DWG1 A 2 3 4 5 6 7 B C D E F Bar Measures 1 inch 117-560487F.900 JSS LC D-101 Copyright Tetra TechBOZEMAN, MONTANA2023 SVE EXTENTION PROJECT BOZEMAN LANDFILL SVE SYSTEM DETAILS825 W. Custer Ave.Helena, Montana 59602PHONE: 406-443-5210 FAX: 406-442-7182 2/16/22 ISSUED FOR BID LC