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CITY OF BOZEMAN, MONTANA BOZEMAN SPORTS PARK- PHASE 2 August 2025 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Non-Discrimination and Affirmation Form Agreement Form Payment and Performance Bonds Insurance Certificates Standard General Conditions of the Construction Contact Supplementary Conditions Montana Prevailing Wage Rates Standard Forms Special Provisions and Measure & Payment CONSTRUCTION DOCUMENTS Contract Drawings CITY OF BOZEMAN, MONTANA ADVERTISEMENT FOR BID NOTICE IS HEREBY GIVEN that the City of Bozeman, MT, is reques�ng separate sealed bids for: BOZEMAN SPORTS PARK PHASE 2 Separate sealed Bids for Construc�on of the City of Bozeman BOZEMAN SPORTS PARK PHASE 2 will be received by the City Clerk at City Hall, 121 North Rouse Avenue, Suite 202, PO Box 1230, Bozeman, Montana 59771-1230 un�l 2:00 p.m. (local �me) on Thursday, September 18, 2025 and then publicly opened and read aloud. Project generally includes but is not limited to the following: Bozeman Sports Park Phase 2 is to include the construc�on of a new 119-stall parking lot, including mass grading of the site, installing new sidewalks, curb and guter, storm drainage improvements, landscaping, and signage and striping as depicted in City of Bozeman Site Plan Applica�on 25143. One ar�ficial turf field is to be installed by others. Please write the name of the project on the front of the sealed bid. The physical address is: City Clerk’s Office, Suite 202, City Hall, 121 N Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, Suite 202, City Hall, P.O. Box 1230, Bozeman, Montana 59771. Contract Bid Documents may be obtained at the project link on the City website (www.bozeman.net/departments/administra�on/city-clerk/bids-rfps-rfqs) or on Monday, August 25, 2025 at the offices of: Stahly Engineering & Associates, Inc. 851 Bridger Drive, Suite 1 Bozeman, MT 59715 406-522-8594 There will be an op�onal prebid conference on Thursday, September 4, 2025 at 3:30 P.M. at Stahly Engineering office located 851 Bridger Drive, Suite 1. Bids must be received before 2 p.m. on Thursday, September 18, 2025. One original must be submited – no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids. 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 registra�on are available from the DLI, PO Box 8011, 1805 Prospect, Helena, INVITATION TO BID Page 1 of 2 Montana 59604-8011. Informa�on on registra�on 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 execu�on of the Construc�on Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construc�on work shall be paid wages at rates as may be required by the laws of Galla�n County and the state of Montana. The City of Bozeman is an PAGE 1 OF 2 Equal Opportunity Employer. Discrimina�on in the performance of any agreement awarded under this project on the basis of race, color, religion, creed, sex, age, marital status, na�onal origin, or actual or perceived sexual orienta�on, gender iden�ty or disability is prohibited. This prohibi�on shall apply to the hiring and treatment of the awarded en�ty’s employees and to all subcontracts. As such, each en�ty submi�ng under this no�ce shall include a provision wherein the submi�ng en�ty, or en��es, affirms in wri�ng it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, na�onal origin, or because of actual or perceived sexual orienta�on, gender iden�ty or disability and which also recognizes the eventual contract will contain a provision prohibi�ng discrimina�on as described above and that this prohibi�on on discrimina�on shall apply to the hiring and treatment of the submi�ng en�ty’s employees and to all subcontracts. In addi�on, pursuant to City Commission Resolu�on 5169, the en�ty awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Sec�on 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 prac�ces” website, or equivalent “best prac�ces” publica�on and has read the material. Each Bid or proposal must be accompanied by a Cer�fied 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 cer�ficate(s) of that insurance shall be provided. No bid may be withdrawn a�er the scheduled �me for the public opening of bids. The City of Bozeman reserves the right to reject any or all proposals received, to waive informali�es 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 20th day of August, 2025. Mike Maas, Bozeman City Clerk Published Legal Ad, Bozeman, Montana Saturday, August 23, 2025 Saturday, September 6, 2025 PAGE 2 OF 2 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1. BIDS All bids must be made on the forms provided in this bound copy of the Contracts Documents. All bids must be legibly written in ink, with all prices given in figures and total bid amount given in words and figures. No alterations by erasures or interlineations will be permitted in the printed forms provided by the City. Each bid shall be enclosed in a sealed envelope addressed to the City Clerk, City Hall, 121 N Rouse Ave, Suite 202, PO Box 1230, Bozeman, MT 59771-1230 and endorsed on the outside of the envelope with the words: Bozeman Sports Park – Phase 2 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. 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 Landscape Architect, application for such acceptance will not be considered by Landscape Architect until after the Effective Date of the Agreement. 4. INTERPRETATIONS AND/OR ADDENDA INSTRUCTIONS TO BIDDERS Page 1 All questions about the meaning or intent of the Contract Documents are to be directed to the Landscape Architect. Interpretations or clarifications considered necessary by the Landscape Architect 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 Landscape Architect of all conflicts, errors or discrepancies in the Contract Documents. 1. Each Bidder is recommended to visit the site of the proposed work and fully acquaint their self with the existing conditions there relating to construction and labor, and should fully inform their self 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 their self 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. 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 Landscape Architect 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 Landscape Architect by owners of such Underground Facilities or others, and Owner INSTRUCTIONS TO BIDDERS Page 2 does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. d. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. e. Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other items and conditions of the Contract Documents. f. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. g. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto are designated for use by Contractor in performing the Work. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. h. The submission of a Bid will constitute representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. TIME FOR RECEIVING BIDS Bids received prior to the advertised time of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 7. OPENING OF BIDS At the time for the opening of bids, the Owner will cause to be opened and publicly read aloud every bid received within the time set for receiving Bids, irrespective of any irregularities therein, except bids that do not contain either the bid bond or non-discrimination affirmation, which will not be read. Bidders and other persons properly interested may be present, in person or by representative. To request an invitation to join the bid opening, please email the project manager: Addi Jadin, ajadin@bozeman.net INSTRUCTIONS TO BIDDERS Page 3 8. WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the scheduled closing time for the receipt of bids if through written confirmation or in person. The Bid Security of any Bidder withdrawing his bid in accordance with the foregoing conditions shall be returned promptly. No bids shall be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. 9. METHOD OF AWARD a. Award of the contract shall be to the lowest “responsible” Bidder whose total base bid (if within the funds available) is the lowest “responsible” bid for the work. b. If such lowest bid exceeds the budget, the Owner may reject all bids. c. The Owner reserves the right to reject any or all bids or to waive any irregularity or informality in any bid received. The Owner reserves the right to determine what constitutes material and/or immaterial informalities and/or irregularities. d. The Owner shall award such contract to the lowest “responsible” bidder (18-1-102 MCA). The term “responsible” does not refer to pecuniary ability only, or the ability to tender sufficient performance and payment bonds. The term “responsible” includes, but is not limited to: 1. Having adequate financial resources to perform the contract or the ability to obtain them; 2. Being able to comply with the required delivery, duration, and performance schedule; 3. Having a satisfactory record of integrity and business ethics; 4. Having the necessary production, construction, technical equipment, and facilities, and; 5. Having the technical skill, ability, capacity, integrity, performance, experience, lack of claims and disputes, lack of actions on bonds, lack of mediations, arbitrations and/or lawsuits related to construction work or performance, and such like. e. Unless otherwise stated in the Special Provisions, all contracts will be awarded in conformance with the laws of the State of Montana. Pursuant to Section 18-1-102, Montana Code Annotated, the Owner, in awarding public contracts for construction, repair, and public works of all kinds, shall award such contract to the lowest responsible Bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of any non-resident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country. f. The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the INSTRUCTIONS TO BIDDERS Page 4 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 Landscape Architect 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 their self with the Plans and Specifications, the Owner reserves the right to reject the bid of this Contractor and to consider the next Bidder. 11. EXECUTION OF AGREEMENT a. Subsequent to the award and within 10 days after the date of the Notice of Award, the successful Bidder shall execute and deliver to the Owner an Agreement, the Performance Bond, Labor and Material Payment Bond, Insurance Certificates, and an Approval of Subcontractors form in such number of copies as the Owner may require. The standard Agreement form as issued by the Owner shall be used as the contracting instrument. b. The Agreement form shall be signed in longhand by the proper representatives of the contracting firm as follows: 1. The principal of the single-owner firm. 2. A principal of the partnership firm. 3. An officer of the incorporated firm, or an agent whose signature is accompanied by a certified copy of the resolution of the Board of Directors authorizing the agent to sign. INSTRUCTIONS TO BIDDERS Page 5 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. 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 INSTRUCTIONS TO BIDDERS Page 6 state is a signatory to the construction contract, each Contractor shall ensure that at least 50 percent of the Contractor’s workers performing labor on the project are bona fide Montana residents, as defined in 18-2-401, (18-2-409, MCA). c. Montana Prevailing Wage Rates. The Montana Commissioner of Labor and Industry has established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402, Montana Code Annotated. A copy of the wage rates are bound herein. It is the Contractor’s responsibility to classify their workers in accordance with the craft of trade to be performed and pay the appropriate established prevailing wage rate. d. The Contractor shall classify all workers on the project in accordance with the Department of Labor Wage Rate Determinations. In the event the Contractor is unable to classify a worker in accordance with these rates, the Contractor shall contact the Department of Labor and Industry, Labor Standards Bureau, Wage and Hour Unit, Helena, Montana 59604, for a determination of the prevailing wage rate to be paid that particular worker. e. Should the prevailing rate of wages change during the life of the contract, the wage rates included in the Contract Documents at the time of the bid opening shall be the prevailing wage rate for the life of the contract. f. Section 18-2-406, Montana Code Annotated, provides that Contractors, subcontractors, and employers who are performing services under public works contracts as provided in this part shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages and fringe benefits to be paid to employees on such site or work area. g. Travel allowance, if applicable, may or may not be all-inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. h. Any notice of infraction of the labor laws of the State of Montana received by the Owner or Landscape Architect 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. INSTRUCTIONS TO BIDDERS Page 7 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. 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 Landscape Architect prior to or with each Payment Request. The copies sent to the Owner and Landscape Architect are for archive purposes only, because neither the Owner or Landscape Architect are trained in the interpretation of payroll reports, and thus will rely on the Contractor’s certification that all employees are being classified and paid appropriately. 18. MAINTENANCE OF RECORDS Contractor shall maintain all required records for three years after the Owner makes final payment and all other pending matters are closed. 19. NOTICE TO PROCEED 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 Proposals shall include a proposed timeline for completion of the work. 21. MONTANA CONTRACTOR’S REGISTRATION Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to execution of the contract. INSTRUCTIONS TO BIDDERS Page 8 BID FORM BID FORM PROJECT IDENTIFICATION: Bozeman Sports Park Phase 2 TO: City Clerk 121 North Rouse Avenue, Suite 202 P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized themselves with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied themselves of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of BOZEMAN SPORTS PARK PHASE 2 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 120 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. 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 they have been afforded access to the construction site and have performed those independent site investigations as deemed necessary. The undersigned Bidder hereby certifies the following: 1 BID FORM 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 they have not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That they have not solicited or induced any person, firm, or corporation to refrain from bidding; D) That they have not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That they are 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 CONTRACT DOCUMENTS for the following unit prices or lump sums: 2 BID FORM 3 BID FORM Bozeman Sports Park Phase 2 Bid Quantities August - 18 Item #Startup, Excavation and Grading QTY Unit Unit Price ($)TOTAL COST 101 Mobilization, Bonding and Insurance 1 LS -$ 102 SWPPP BMP Installation and Maintenance 1 LS -$ 103 SWPPP Administration 1 LS -$ 104 Topsoil Stripping (15" Depth) & Finished Grade Respread 14,343 CY -$ 105 Site Grading (cut/fill) to Subgrade 2,008 CY -$ 106 Haul and Grade to Subgrade 13,150 CY -$ 107 Sign Demo 1 EA -$ Total Startup, Excavation and Grading Improvements -$ Parking Lot Item #Storm Drainage Improvements QTY Unit Unit Price ($)TOTAL COST 201 Sidewalk Chase 8 LF -$ Item #Street, Parking, and Sidewalk Improvements QTY Unit Unit Price ($)TOTAL COST 301 12" Utility Sleeves 105 LF -$ 302 8" Landscaping Irrigation Sleeves 88 LF -$ 303 10" Landscaping Irrigation Sleeves 48 LF -$ 304 Subgrade Prep 53,638 SF -$ 305 MIRAFI 600x Geotextile Stabilization Fabric 5,960 SY -$ 306 Sub Base Course (Pit Run 20")3,311 CY -$ 307 Base Course (Road Mix 6")993 CY -$ 308 Curb and Gutter 1,632 LF -$ 309 3' Valley Gutter 333 SF -$ 310 Asphalt Pavement (Traffic Rated)46,867 SF -$ 311 Concrete Approach ( Traffic Rated) 540 SF -$ 312 6" Concrete Flatwork with Base Gravel (Traffic Rated)411 SF -$ 313 6" Concrete Flatwork with Fibermesh and Base Gravel 9,726 SF -$ 314 Curb Paint 443 LF -$ 315 White Striping 3,787 LF -$ 316 Thermoplastic Pavement Marking 5 EA -$ 317 Signage 13 EA -$ 318 Detectable Warning Surface 71 SF -$ Total Parking Lot -$ Center Spine Work Item #Site Improvements QTY Unit Unit Price ($)TOTAL COST 401 Center Spine Gravel Sidewalk 10,782 SF -$ Item #Landscape Improvements QTY Unit Unit Price ($)TOTAL COST 402 Seeding 1 LS -$ 403 Irrigation System 1 LS -$ Total Site Work -$ Sports Field Item #Storm Drainage Improvements QTY Unit Unit Price ($)TOTAL COST 501 Core into Existing Manhole 1 EA -$ 502 36" Storm Manhole 4 EA -$ 503 36" Extra Manhole Depth 17 VF -$ 504 12" PVC Storm Drain pipe 1,410 LF -$ Item #Street and Sidewalk Improvements QTY Unit Unit Price ($)TOTAL COST 505 Sub Base Course (Pit Run 20")698 CY -$ 506 Base Course (Road Mix 6")210 CY -$ 507 MIRAFI 600x Geotextile Stabilization Fabric 1,256 SY -$ Total Sports Field -$ Site Work Item #Site Improvements QTY Unit Unit Price ($)TOTAL COST 601 East-West Gravel Sidewalk 11,962 SF -$ 602 Vault Toilet 1 LS -$ Item #Landscape Improvements QTY Unit Unit Price ($)TOTAL COST 603 Planting 1 LS -$ 604 Seeding 1 LS -$ 605 Irrigation System 1 LS -$ 606 Bike Racks 6 EA -$ Total Site Work -$ TOTAL COST -$ TOTAL COMBINED SCHEDULE 1 BID $ BASIS OF AWARD If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Schedule 1 Bid. The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No. Dated No. Dated No. Dated No. Dated Submitted this day of , 2025. 4 BID FOR ADD ALTERNATES ADD ALT #1 - Center Spine Item #Item Description QTY Unit Unit Price ($)TOTAL COST Alt 1.1 6" Concrete Flatwork with Base Gravel (Non-Traffic Rated)10,782 SF -$ Total -$ ADD ALT #2 - Field 13 Asphalt Apron Item #Item Description QTY Unit Unit Price ($)TOTAL COST Alt 2.1 Asphalt Apron (Non-Traffic Rated)11,300 SF -$ Total -$ ADD ALT #3 - Field 7 Asphalt Apron Item #Item Description QTY Unit Unit Price ($)TOTAL COST Alt 3.1 Asphalt Apron (Non-Traffic Rated)11,655 SF -$ Total -$ ADD ALT #4 - Field 13 Chain Link Fence Item #Item Description QTY Unit Unit Price ($)TOTAL COST Alt 4.1 4" Chainlink Field Fence 950 LF -$ Total -$ ADD ALT #5 - Field 7 Chain Link Fence Item #Item Description QTY Unit Unit Price ($)TOTAL COST Alt 5.1 4' Chainlink Field Fence 975 LF -$ Total -$ ADD ALT #6 - Bike Racks Item #Item Description QTY Unit Unit Price ($)TOTAL COST Alt 6.1 6" Concrete Flatwork with Base Gravel (Non-Traffic Rated)986 SF -$ Alt 6.2 Bike Racks 20 EA -$ Total -$ SIGNATURE OF BIDDER: Montana Contractor Registration Number If an Individual: doing business as If a Partnership: by , partner If a Corporation: (a) by Title (Seal & Attest) 5 BID FORM 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) 6 BID FORM 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 By: Signature Print Name Title Surety’s Name and Corporate Seal By: Signature (Attach Power of Attorney) Print Name Title Attest: Signature Attest: 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. Page 1 of 2 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 of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable. EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 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 AGREEMENT FORM THIS AGREEMENT is dated as of the day of in the year 2025, 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: Construction of a 119-stall parking lot, including mass grading of the site, installing new sidewalks, curb and gutter, storm drainage improvements, landscaping, and signage and striping. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Bozeman Sports Park Phase 2. Article 2. CONTRACT TIME. 2.1 The Work will be completed within 120 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 one thousand dollars ($ 1,000.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of _ _ Dollars ($). Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit applications for payment in accordance with the General Conditions. Applications for payment will be processed as provided in the General Conditions. 4.1 Progress Payments. OWNER will make progress payments monthly on account of the contract price on the basis of CONTRACTOR'S application for payment as recommended by ENGINEER. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in the General Conditions. 4.1.1 The OWNER may retain five (5) percent of the amount due the CONTRACTOR in accordance with the General Conditions and as outlined herein. 4.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the contract price as recommended by ENGINEER. Article 5. INTEREST. All monies not paid when due hereunder shall bear interest at the simple rate established by the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the drawings and specifications and which have been identified in the modifications to the General Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to above as he deems 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. 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 (by reference). 7.8 Supplementary Conditions. 7.9 Wage Rates. 7.10 Special Provisions and Measurement and Payment. 7.11 Montana Public Works Specifications, Sixth Edition, and City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition, March 31, 2011 (by reference). 7.12 Appendix A – Contract Quantities and Standard Drawings 7.13 Appendix B – Contract Drawings 7.14 Addenda listed on the Bid forms. 7.15 CONTRACTOR'S executed Bid forms. 7.16 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.17 Notice of Award. 7.18 Notice to Proceed. 7.19 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.20 Any Notice of Partial Utilization. 7.21 Notice of Substantial Completion. 7.22 Notices of Final Completion and Acceptance. 7.23 Contract 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. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 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) PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address ).‘ SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address ). 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 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 (Sea1) (Sea1) Contractor's Name and Corporate Seal By: Signature Print Name Title Surety’s Name and Corporate Seal By: Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 ot 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except 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. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non—performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to 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 here from 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. EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner’s Representative (Engineer or other per(y): PAYMENT 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 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 By: Signature Print Name Title Surety’s Name and Corporate Seal By: Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Attest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for 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 alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims. demands, 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’s expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 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. Page 2 of 3 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 defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor’s subcontractors, and all other items for which a mechanic’s 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. EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page 3 of 3 FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner’s Representative (Engineer or other): INSURANCE CERTIFICATES STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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. Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology ........................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance ................................................................................. 6 2.02 Copies of Documents .................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed.................................................................. 6 2.04 Starting the Work ..................................................................................................................... 7 2.05 Before Starting Construction ......................................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7 2.07 Initial Acceptance of Schedules ........................................................................................................ 7 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................. 8 3.01 Intent .................................................................................................................................................... 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ........................................................................................... 9 3.04 Amending and Supplementing Contract Documents ................................................................... 9 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data ............................................................................................................................ 10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ...................................................................................................... 11 4.01 Availability of Lands ........................................................................................................................ 11 4.02 Subsurface and Physical Conditions ........................................................................................... 11 4.03 Differing Subsurface or Physical Conditions .............................................................................. 12 4.04 Underground Facilities ................................................................................................................ 13 4.05 Reference Points .................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site ........................................................................... 14 Article 5 – Bonds and Insurance ........................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds ....................................................................................... 16 5.02 Licensed Sureties and Insurers ........................................................................................................ 16 5.03 Certificates of Insurance .................................................................................................................. 17 5.04 Contractor’s Insurance ..................................................................................................................... 17 5.05 Owner’s Liability Insurance ............................................................................................................ 19 5.06 Property Insurance ............................................................................................................................ 19 5.07 Waiver of Rights ......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds ......................................................................21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.09 Acceptance of Bonds and Insurance; Option to Replace ............................................................ 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ............................................................. 22 Article 6 – Contractor’s Responsibilities ......................................................................................................... 22 6.01 Supervision and Superintendence ............................................................................................... 22 6.02 Labor; Working Hours ................................................................................................................ 22 6.03 Services, Materials, and Equipment ............................................................................................ 22 6.04 Progress Schedule ........................................................................................................................ 23 6.05 Substitutes and “Or-Equals” ....................................................................................................... 23 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 25 6.07 Patent Fees and Royalties ................................................................................................................ 27 6.08 Permits ......................................................................................................................................... 27 6.09 Laws and Regulations ................................................................................................................. 28 6.10 Taxes ........................................................................................................................................... 28 6.11 Use of Site and Other Areas........................................................................................................ 28 6.12 Record Documents ...................................................................................................................... 29 6.13 Safety and Protection ................................................................................................................... 29 6.14 Safety Representative .................................................................................................................. 30 6.15 Hazard Communication Programs .............................................................................................. 30 6.16 Emergencies ...................................................................................................................................... 30 6.17 Shop Drawings and Samples ...................................................................................................... 31 6.18 Continuing the Work ............................................................................................................. 32 6.19 Contractor’s General Warranty and Guarantee ........................................................................... 33 6.20 Indemnification ................................................................................................................................. 33 6.21 Delegation of Professional Design Services ............................................................................... 34 Article 7 – Other Work at the Site .............................................................................................................. 35 7.01 Related Work at Site .............................................................................................................. 35 7.02 Coordination ................................................................................................................................ 35 7.03 Legal Relationships ..................................................................................................................... 36 Article 8 – Owner’s Responsibilities ............................................................................................................... 36 8.01 Communications to Contractor ................................................................................................... 36 8.02 Replacement of Engineer ................................................................................................................. 36 8.03 Furnish Data ................................................................................................................................ 36 8.04 Pay When Due ............................................................................................................................ 36 8.05 Lands and Easements; Reports and Tests ................................................................................... 36 8.06 Insurance ........................................................................................................................................... 36 8.07 Change Orders ............................................................................................................................. 37 8.08 Inspections, Tests, and Approvals ............................................................................................... 37 8.09 Limitations on Owner’s Responsibilities .................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition ..................................................................... 37 8.11 Evidence of Financial Arrangements .............................................................................................. 37 8.12 Compliance with Safety Program ................................................................................................... 37 Article 9 – Engineer’s Status During Construction ......................................................................................... 37 9.01 Owner’s Representative .............................................................................................................. 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 Notice of Defects ......................................................................................................................... 48 13.02 Access to Work ...................................................................................................................... 48 13.03 Tests and Inspections ....................................................................................................................... 49 13.04 Uncovering Work ...................................................................................................................49 13.05 Owner May Stop the Work .....................................................................................................50 13.06 Correction or Removal of Defective Work..............................................................................50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work ...............................................................................................51 13.09 Owner May Correct Defective Work ......................................................................................52 Article 14 – Payments to Contractor and Completion ..................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ............................................................................................................................ 52 14.03 Contractor’s Warranty of Title ............................................................................................... 55 14.04 Substantial Completion ............................................................................................................... 55 14.05 Partial Utilization......................................................................................................................... 56 14.06 Final Inspection................................................................................................................................. 57 14.07 Final Payment ................................................................................................................................... 57 14.08 Final Completion Delayed ............................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14.09 Waiver of Claims ................................................................................................................... 58 Article 15 – Suspension of Work and Termination ......................................................................................... 59 15.01 Owner May Suspend Work .................................................................................................... 59 15.02 Owner May Terminate for Cause ................................................................................................ 59 15.03 Owner May Terminate For Convenience.................................................................................... 60 15.04 Contractor May Stop Work or Terminate ................................................................................... 60 Article 16 – Dispute Resolution ....................................................................................................................... 61 16.01 Methods and Procedures .................................................................................................................. 61 Article 17 – Miscellaneous .............................................................................................................................. 61 17.01 Giving Notice .............................................................................................................................. 61 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 62 17.05 Controlling Law ................................................................................................................................ 62 17.06 Headings ...................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of 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 Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – 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 each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 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, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. 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 ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 © 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 © 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 a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, 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. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 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. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 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 of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C. Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 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 specifically and expressly included in Paragraphs 11.01.A. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT 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 the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 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 of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 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 the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 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 of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 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 will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 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 horse power, capacity or weight, and accessories. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 1 of 12 SC - 2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A shall be finalized and acceptable to the Engineer and Owner. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as provided below. Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work and will not interfere with or relieve Contractor from Contractor’s full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor’s Schedule of Construction Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5.c. SC - 4.01 AVAILABILITY OF LANDS Add to Paragraph 4.01.C of the General Conditions the following: If it is necessary or desirable that the Contractor use land outside of the Owner’s easement or right-of-way, the Contractor shall obtain consent from the property owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other purpose with men, tools, equipment, construction materials, or with materials excavated from the site, any private property outside the designated construction easement boundaries or right-of-way without written permission from the property owner and tenant. SC - 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawings: The Special Provisions identify: Delete the reference to Supplementary Conditions in paragraph 4.02.B and replace with Special Provisions. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 2 of 12 SC – 4.03 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS Add the following to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engineer in writing about differing subsurface or physical conditions within 15 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. SC - 4.04 - UNDERGROUND FACILITIES Add the following new paragraph immediately after Paragraph 4.04.A.2. 1. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data. SC - 4.06 - HAZARDOUS ENVIORNMENTAL CONDITION AT SITE Change the first sentence of paragraph A to read as follows: A. Reports and Drawings: The Special Provisions identify those reports………. SC- 5.02 LICENSED SURETIES AND INSURERS Add the following to the end of Paragraph 5.02.A Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the State of Montana, with minimum “A.M. Best Rating” of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner and the Engineer and their agents and employees from claims for bodily injury, or property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 3 of 12 copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverage shall remain in effect throughout the life of the Agreement, except that the Contractor shall maintain the Commercial General Liability Policy including product and completed operations coverage for a period of at least one year following the substantial completion date for property damage resulting from occurrences during the agreement period. SC – 5.04 CONTRACTOR’S LIABILITY INSURANCE Add the following new paragraphs immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Law or Regulations: 1. Workers’ Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of the General Conditions. a. State Statutory b. Applicable Federal (e.g. Longshoremans) Statutory c. Employer’s Liability $ 500,000.00 2. Contractor’s Liability Insurance under Paragraphs 5.04.A.3 through 5.04. A.6 of the General Conditions which shall also include completed operations and product liability coverage. a. GENERAL AGGREGATE $ 3,000,000.00 b. Products-Completed Operations Aggregate $ 3,000,000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Property Damage) $ 1,000,000.00 e. Coverage will include: 1. Premises - Operations 2. Operations of Independent Contractor 3. Contractual Liability 4. Personal Injury 5 Products and Completed Operations Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 4 of 12 6. Broad Form Property Damage will include explosion, collapse, blasting and underground where applicable. 7. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each Person $ 500,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Accident $1,000,000.00 (or) b. Combined Single Limit $ 1,000,000.00 Coverage to Include 1. All Owned 2. Hired 3. Non-Owned 4. Contractor’s Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. Deductible not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. 1 of the General Conditions as follows: The Contractor’s insurance coverage shall name the Owner, and Engineer and Engineer’s Consultants as an additional insured under Commercial General Liability, Automobile Liability, Excess or Umbrella polices. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the following amounts: Each Occurrence $ 1,000,000.00 Aggregate $ 3,000,000.00 Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 5 of 12 SC- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of the General Conditions by striking out the words “30 days” and replacing them with the words “45 days” and as so amended paragraph 5.04.B.5 remains in effect. SC - 5.06 PROPERTY INSURANCE Delete Article 5.06.A of the General Conditions in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors Engineer, Engineer’s Consultants, and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder’s Risk “all risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than caused by floods), and other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; and 5. be endorsed to allow occupancy and partial utilization of the Work by Owner. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 6 of 12 6. include testing and start-up; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Contractor shall be responsible for any deductible or self-insured retention. C. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC5.06 shall comply with the requirements of Paragraph 5.06.C of the General Conditions. D. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Article 5.06.A shall comply with the requirements of GC - 5.06.C. The qualifications of the insurance company shall comply with the requirements of SC- 5.02.A. SC-6.02 Working Hours Add the following to Paragraph 6.02.B: Regular working hours are defined as 8:00 AM. to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.1 of the General Conditions in its entirety and replace with the following: 1. Contractor shall submit to Engineer with each application for payment an updated progress schedule reflecting the amount of work completed and adjustments to future work. Such adjustments will be acceptable to Engineer as providing an orderly progression of the Work to completion within any specified milestones and the Contract Time. No progress payment will be made to Contractor until the updated schedules are submitted to and acceptable to Engineer and Owner. Review and acceptance of progress schedules by the Engineer will neither impose on Engineer responsibility for the sequencing, scheduling or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefore. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 7 of 12 SC- 6.13 SAFETY AND PROTECTION Change Supplementary Conditions in paragraph 6.13.C to Special Provisions. Add new paragraphs to the end of paragraph 6.13.F of the General Conditions as follows: G. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. The right of the Owner and Engineer to observe or otherwise review the Work and operations shall not relieve the Contractor from any of his covenants and obligations hereunder. Contractor shall incorporate all safety requirements into his construction progress and work schedules including preconstruction and scheduled monthly safety meetings, posted safety rules, tailgate meetings, and site inspections by safety and other inspectors employed by the Contractor. H. The Contractor shall be responsible for and shall take necessary precautions and provide all material and equipment to protect, shore, brace, support and maintain all underground pipes, conduits, drains, sewers, water mains, gas mains, cables, etc., and other underground construction uncovered in the proximity, or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, grass areas, trees, utility poles or guy wires damaged by the Contractor’s operations in the performance of this work shall be repaired and/or replaced to the satisfaction of the Owner, Engineer, and effected property owner at the Contractor’s expense. The Contractor shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to and from the work or any part of site thereof; whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. I. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall obtain approval from the governing party and shall, at his own expense, provide and maintain suitable and safe bridges, detours, and other temporary expedients for the accommodation of public and private drives before interfering with them. The provisions for temporary expedients will not be required when the Contractor has obtained permission from the owner and tenant of the private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 8 of 12 J. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. SC- 6.20 INDEMNIFICATION Add a new paragraph immediately after paragraph 6.20.A. of the General Conditions which is to read as follows: While Owner and Engineer may have the right under this Contract to observe or otherwise review the work, progress and operations of the Contractor, it is expressly understood and agreed that such observation shall not relieve the Contractor from any of its covenants and obligations hereunder. SC-9.03 PROJECT REPRESENTATIVE Refer to the Special Provisions for identification of the responsibilities and authority and limitations of the Engineer’s Resident Project Representative (if any). SC- 11.01 COST OF THE WORK Delete paragraph 11.01 .A.5.c of the General Conditions in its entirety and insert the following in its place: 11.01.A.5.c The rental of all construction equipment and machinery and parts thereof whether rented from Contractor or rented from others. The cost shall be calculated as follows and will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to SC 2.05 and SC 2.07, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50% of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 9 of 12 equipment rental rates will be negotiated prior to the work being performed. SC-l1.03 UNIT PRICE WORK Delete paragraph 11.03.D.1 and 2 of the General Conditions in its entirety and insert the following in its place: l. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price which is the total sum of all schedules (if any), and SC- 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.1 of the General Conditions: Payments for materials in storage shall be based only upon the actual cost of the materials and equipment to Contractor and shall not include any overhead or profit. Bill of Sale, invoice or other document warranting clear title for materials in storage will be waived for the material in storage included in the first progress payment application. However, proof of payment and clear title must be submitted with Application No. 2 for all material included in Application No. 1. Without such documentation amounts paid for materials in storage will be deducted from subsequent payments. Beginning with the second application, all requests for payment for materials in storage shall be accompanied by Bill of Sale, invoice or other document warranting clear title as required above. Add the following to Paragraph 14.02.A.3: In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainage may be used by the Owner to offset costs for any of the losses enumerated in Paragraphs l4.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D.1.a. through 14.02.D.1.d inclusive, or 15.02.C. In addition retainage may be used by the Owner to protect against loss from failure by the Contractor to complete necessary work and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A.3 to read: 4. Each application for progress payment shall be accompanied by Contractor’s updated progress schedule, shop drawing schedule, procurement schedule, and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the right to require submission of monthly certified payrolls by the Contractor. Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 10 of 12 SC – 14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: 1. The Owner will, upon presentation to him of the Contractor’s Application for Payment with Engineer’s recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and when due, will be paid by Owner to Contractor. SC- 14.02.D.1.c Amend the sentence of Paragraph 14.02.D.1.c to read: …entitling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials, and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the hull insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor’s obligation to provide insurance (including property insurance) as required in Article 5 of the General Conditions and these Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. SC- 14.05 PARTIAL UTILIZATION Add the following to Paragraph 14.05.A: Owner has the right to take possession of or use any completed or substantially completed portions of the work at any time, but such taking possession or use will not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Owner’s use of any facilities so identified in the Contract Documents will not be grounds for extension of the contract time or change in the contract price. Owner’s use of any facilities not specifically identified in the Contract Documents will be in Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 11 of 12 accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adjusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with General Conditions 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner’s personnel must be satisfactorily completed, and Owner shall assume responsibility for and operation of all facilities occupied or used except as may arise through portions of work not yet completed by Contractor If the work has been substantially completed and the Engineer certifies that full completion thereof is materially delayed through no fault of the Contractor, the Owner shall, without terminating the Agreement, make payment of the balance due for the portion of the work fully completed and accepted. SC- 14.06 FINAL INSPECTION Add the following to Paragraph 14.06.A: After Contractor has remedied all deficiencies to the satisfaction of the Engineer and delivered all construction records, maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, and other documents (all as required by the Contract Documents), Owner and Contractor shall be promptly notified in writing by Engineer that the work is acceptable. SC- 17.01 GIVING NOTICE Add the following to Paragraph 17.0l.A: The mailing address for giving notices to Contractor given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The mailing address for giving notices to Owner given in the Agreement is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writing delivered to Engineer and to other party. END OF SECTION 00810 Section 00810 – 6th Edition Supplementary Conditions to the General Conditions Page 12 of 12 MONTANA PREVAILING WAGE RATES FOR HIGHWAY CONSTRUCTION SERVICES 2025 Effective: January 11, 2025 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 ESD at erd.dli.mt.gov/labor-standards or contact: Employment Standards Division Montana Department of Labor and Industry P. O. Box 8011 Helena, MT 59604 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 Highway Construction …………………………………………………………………………………………..………………………….......... 3 C.Definition of Public Works Contract ………………………………………………………………………………………………………………………….... 3 D.Prevailing Wage Schedule ………………………………………………………………………………………………………….……………………………… 3 E.Rates to Use for Projects ………………………………………………………………………………………………………………..…………………………… 3 F.Wage Rate Adjustments for Multiyear Contracts …………………………………………………………………………….…………………………… 3 G.Fringe Benefits ……………………………………………………………………………………………………………………………………………………………. 4 H.Dispatch City ………………………………………………………………………………………………………………………………………….……………………. 4 I.Zone Pay …………………………………………………………………………………………………………………………………………………………………….. 4 J.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 BRICK, BLOCK, AND STONE MASONS ……………………………………………………………………………………………..………………………........ 6 CARPENTERS …………………………………………………………………………………………………………………………………………………………………….. 6 CEMENT MASONS AND CONCRETE FINISHERS …………………………………………………………………………….…………………………….. 6 CONSTRUCTION EQUIPMENT OPERATORS OPERATORS GROUP 1 ………………………………………………………………………………………………………………………………………………..... 6 OPERATORS GROUP 2 ………………………………………………………………………………………………………………………….………………………. 7 OPERATORS GROUP 3 ………………………………………………………………………………………………………………………….………………………. 7 OPERATORS GROUP 4 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 5 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 6 …………………………………………………………………………………………………………………………….……………………. 8 OPERATORS GROUP 7 ……………………………………………………………………………………………………………………………….…………………. 8 CONSTRUCTION LABORERS LABORERS GROUP 1 ……………………………………………………………………………………………………………………………….…………………. 9 LABORERS GROUP 2 ………………………………………………………………………………………………………………………………….………………. 9 LABORERS GROUP 3 ………………………………………………………………………………………………………………………………….………………. 9 LABORERS GROUP 4 ………………………………………………………………………………………………………………………………….………………. 10 DIVERS ………………………………………………………………………………………………………………………………………………………………………………. 10 DIVER TENDERS ………………………………………………………………………………………………………………………………………………….……………. 10 ELECTRICIANS …………………………………………………………………………………………………………………………………………………………………… 11 IRONWORKERS - STRUCTURAL STEEL AND REBAR PLACERS …………………………………………………………………………………. 11 LINE CONSTRUCTION EQUIPMENT OPERATOR …………………………………………………………………………...………………………………………………..……………….. 11 GROUNDMAN ……………………………………………………………………………………………………………………………………………………..………….. 11 LINEMAN ……………………………………………………………………………………………………………………………………………………………………..….. 12 MILLWRIGHTS ………………………………………………………………………………………………………………………….……………………………..………….. 12 PAINTERS …………………………………………………………………………………………………………………………..…………..………………………………… 12 PILE BUCKS ……………………………………………………………………………………………………………………………………………………………………….. 12 TRUCK DRIVERS ……………………………………………………………………….........……………............................................................................ 13 3 A.Date of Publication January 13, 2025 B.Definition of Highway Construction The Administrative Rules of Montana (ARM), 24.17.501(3) – (3)(b), states “Highway construction projects include, but are not limited to, the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, and parking areas, bridges constructed or repaired in conjunction with highway work, and other similar projects not incidental to building construction or heavy construction. Highway construction projects include, but are not limited to, alleys, base courses, bituminous treatments, bridle paths, concrete pavement, curbs, excavation and embankment (for road construction), fencing (highway), grade crossing elimination (overpasses or underpasses), guard rails on highways, highway signs, highway bridges (overpasses, underpasses, grade separation), medians, parking lots, parkways, resurfacing streets and highways, roadbeds, roadways, runways, shoulders, stabilizing courses, storm sewers incidental to road construction, street paving, surface courses, taxiways, and trails.” C.Definition of Public Works Contract Section 18-2-401(11)(a), MCA defines “public works contract” as “…a contract for construction services let by the state, county, municipality, school district, or political subdivision 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 Highway Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction, Heavy Construction and Nonconstruction Services occupations can be found on the internet at https://erd.dli.mt.gov/labor-standards/state-prevailing-wage-rates/ 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, orprogram 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, orbona 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(25), defines zone pay as “...an amount added to the base pay; the combinedsum then becomes the new base wage rate to be paid for all hours worked on the project. Zone pay must be determinedby 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(23), 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 theemployee'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 entireduration of the project, a legible statement of all wages and fringe benefits to be paid to the employees.” N.Employment Preference Sections 18-2-403 and 18-2-409, MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-418, MCA states: “(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification” P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: 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. 6 WAGE RATES BRICK, BLOCK, AND STONE MASONS No Rate Established Travel: Travel: All Districts 0-70 mi. free zone >70-90 mi. $60.00/day >90 mi. $80.00/day ↑ Back to Table of Contents CARPENTERS Wage Benefit $36.49 $14.33 Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. ↑ Back to Table of Contents CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit $33.41 $16.51 Duties Include: Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. Zone Pay: 0-30 mi free zone 30-60 mi base pay+2.95/hr. >60 mi base pay+4.75/hr ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit $32.47 $12.77 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, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. Zone Pay: No zone pay established. ↑ Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit $35.70 $12.77 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: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit $35.70 $12.77 This group includes but is not limited to: Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat Haul Truck, Articulating Trucks, Vac Truck. Zone Pay: No zone pay established. ↑ Back to Table of Contents 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit $36.91 $12.77 This group includes but is not limited to: Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit $38.05 $12.77 This group includes but is not limited to: Cranes, 45 tons up to and incl. 74 tons. Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit $39.27 $12.77 This group includes but is not limited to: Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley (All). Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit $41.95 $12.77 This group includes but is not limited to: Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower (All); Crane Stiff-Leg or Derrick; Helicopter Hoist. Zone Pay: No zone pay established. ↑ Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit $27.71 $12.80 Zone Pay: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit $30.87 $12.36 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: No zone pay established. ↑ Back to Table of Contents CONSTRUCTION LABORERS GROUP 3 Wage Benefit $31.10 $12.36 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: No zone pay established. ↑ Back to Table of Contents 10 CONSTRUCTION LABORERS GROUP 4 Wage Benefit $32.12 $12.36 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: No zone pay established. ↑ Back to Table of Contents DIVERS Wage Benefit Stand-By $46.33 $18.38 Diving $92.66 $18.38 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 DIVER TENDERS Wage Benefit $45.30 $18.38 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 11 ELECTRICIANS Wage Benefit $39.08 $20.00 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 IRONWORKERS – REINFORCING IRON AND REBAR WORKERS Wage Benefit $34.83 $25.37 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 $30.43 $25.22 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 $38.38 $18.60 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents 12 LINE CONSTRUCTION – GROUNDMAN Wage Benefit $29.96 $17.64 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents LINE CONSTRUCTION – LINEMAN Wage Benefit $50.11 $19.88 Duties Include: All work on substations Travel: No Free Zone $60.00/day ↑ Back to Table of Contents MILLWRIGHTS Wage Benefit $40.45 $21.25 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 $36.00 $12.84 Zone Pay: No zone pay established. ↑ Back to Table of Contents Zone Pay: 0-30 mi. free zone >30-60 mi. base pay + $4.00/hr. >60 mi. base pay + $6.00/hr. PILE BUCKS Wage Benefit 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. ↑ Back to Table of Contents $36.49 $14.33 13 TRUCK DRIVERS Wage Benefit Pilot Car Driver $28.21 $12.57 Truck Driver $35.74 $12.57 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: No zone pay established. ↑ Back to Table of Contents Page 1 of 22 City of Bozeman Special Provisions CITY OF BOZEMAN SPECIAL PROVISIONS Contents: 1. GENERAL 2. SCOPE OF WORK 3. SCHEDULE OF VALUES 4. AWARD OF CONTRACT 5. TIME OF COMMENCEMENT AND COMPLETION DATE 6. COST LIMITATIONS 7. NAMES, PRODUCTS AND SUBSTITUTIONS 8. APPROVAL OF EQUIPMENT AND MATERIALS 9. BIDDER’S QUALIFICATIONS 10. WARRANTY 11. SCHEDULING 12. PRECONSTRUCTION CONFERENCE 13. UNDERGROUND UTILITIES 14. EASEMENS, RIGHT OF WAYS, ADJOINING PROPERTY 15. TRAFFIC CONTROL 16. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL 17. PROTECTION OF EXISTING PAVEMENT 18. OPERATION OF EXISTING VALVES 19. SALVAGEABLE ITEMS 20. ACCESS TO RECORDS 21. INSURANCE 22. LANDSCAPING RESTORATION 23. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS 24. UNSCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS 25. DELAYS 26. CONSTRUCTION STAKING 1. GENERAL The work to be performed under this contract involves furnishing all labor, materials, equipment, supplies, and services necessary for the construction of the Bozeman Sports Park, Phase 2 in the City of Bozeman. All work shall be performed in accordance with applicable sections of the Montana Public Works Standard Specifications Seventh Edition (MPWSS), 7th Edition, and as further modified by the City of Bozeman Modifications to MPWSS, 7th Edition, which is hereby included as part of these specifications. All references to MPWSS sections, unless otherwise noted, are a reference to said Montana Public Works Standard Specifications. Page 2 of 22 City of Bozeman Special Provisions All correspondence and official authorization concerning the work shall be with the Owner or their designated representatives as identified at the preconstruction meeting. Any changes in the Work or schedule not authorized by the above shall be deemed as unauthorized and shall be done at Contractors risk at no cost to the Owner. All damages, reparations, and costs thus incurred during the progress of such unauthorized work shall be borne exclusively by the Contractor. 2. SCOPE OF WORK Construction of a new 119-stall parking lot, including mass grading of the site, 1 artificial turf field, installing new sidewalks, curb and gutter, storm drainage improvements, landscaping and signage and striping. 3. SCHEDULE OF VALUES A. Schedule of Values The contract payment shall be by unit price for work completed as defined by the quantities and unit price in the Schedule of Values. For the purposes of progress payments and additive/deductive changes to the design, a Schedule of Values shall be completed by the Contractor. Items have been quantified and will be measured and paid in accordance with the Montana Public Works Standard Specifications (MPWSS) where applicable. Where items are not included in MPWSS or where a different quantification is used, a brief description of the item and its measurement is provided below. B. Measurement and Payment i. Work shall be measured by the Engineer or their representative with assistance from the contractor prior to preparation of a payment request by the Contractor. ii. Unit quantities that are measured in place shall be measured every month. The contractor shall give the Engineer a minimum of two days’ notice for making all required measurements. iii. Materials that must be measured as delivered shall be measured at the time of delivery be the Engineer or their representative and the contractor shall provide sufficient notice so that such a measurement can be made. iv. Work completed on a Lump Sum (LS) basis shall be measured for completion against the schedule of values provided be the contractor and operational job bot specifically identified as a pay item shall be included in the unit price bid for the item to which it pertains. v. The total bid price for each item of the contract shall cover all work shown on the contract drawings and required by the specifications and other Contract Documents. Page 3 of 22 City of Bozeman Special Provisions C. Estimated Quantities All estimated quantities for unit price items, stipulated in the Bid Form or other Contract Documents, are approximate and are to be used as a basis for comparing the bids submitted for the Project. The actual amounts of work done, and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work will be the actual amount of work done. The CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference between the amounts of work performed and the estimated amounts included in the Bid Form. The Contractor will not be paid for any work which exceeds the quantity set forth in the Bid Form without a change order or work change directive issued before the work is performed unless specifically ordered in writing by the Engineer. The Contractor will aid the Engineer to check quantities and elevations when requested. D. Measurement of Quantities i. Measurement by Volume – Measured by cubic dimensions using length, width and height. Unless specified otherwise “Execution – Measurement and Payment” section below, measurements of volume is to be made in Cubic Yards (CY). ii. Measurement by Area - Measured by square dimension using length and width. Unless specified otherwise in the “Execution – Measurement and Payment” section below, measurement is to be made in Square Feet (SF) or Square Yards (SY). iii. Linear Measurements – Measured by linear dimensions at the centerline. Unless specified otherwise in the “Execution – Measurement and Payment” section below, linear measurement is to be made in Linear Feet (LF) or Vertical Feet (VF). iv. Measurement by Each – Measured by each singly quantified item. Unless specified otherwise in the “Execution – Measurement and Payment” section below, measurement of a singly quantifiable item is the be made per Each (EA) item. v. Lump Sum Measurements – Lump Sum (LS) work is measured by work completed in totality for each item as defined in the ““Execution – Measurement and Payment” section below. vi. Time Measurements – Month (Mo) Work is measured by work completed in totality for each item as defined in the “Execution – Measurement and Payment”. E. Execution – Measurement and Payment Note: Unless otherwise stated, all items are per MPWSS and COB MODS. Page 4 of 22 City of Bozeman Special Provisions Startup, Excavation and Grading: ITEM 101 – Mobilization, Bonding, and Insurance (LS) Measurement and Payment for Mobilization Bonding and Insurance is to be made on a Lump Sum (LS) as follows: Twenty-five percent of the amount to bid for mobilization/demobilization shall be paid when five percent of the contract amount is paid for Work complete and for invoiced materials in storage; an additional 50% of the amount bid will be paid when 25% of the work is complete; and the remaining 25% will be paid when 100% of the work is completed. All construction is to be bonded prior to construction. Copies of the contractor’s performance and payment bonds, each in amount equal to 100% of the contract amount shall be filed with the owner. A 2-year maintenance bond shall be provided to the owner upon project acceptance. The 2-year maintenance bond is to equal 20% of the actual cost of the improvements. ITEM 102 – SWPPP BMP Installation and Maintenance (LS) This item consists of the cost to install and maintain BMPs (Best Management Practices) throughout construction. Measurement and payment of SWPPP BMP shall be on a Lump Sum (LS) basis and shall include the maintenance of all temporary and permanent erosion control BMPs necessary to provide sediment storge as required by the MDEQ and the City of Bozeman, and any other control structures necessary to meet land disturbing permit requirements. Any penalty fees incurred due to the BMP deficiencies shall be paid for by the Contractor. Payment shall include all necessary labor, materials, tools and equipment in order to construct, maintain and remove all BMP’s once final stabilization is achieved. Payment is to be made proportionate to amount of work completed. ITEM 103 – SWPPP Administration (LS) This item consists of submitting and maintaining the administrative requirements set forth by the MDEQ (Montana Department of Environmental Quality) and the City of Bozeman for a Storm Water Pollution Prevention Plan. Measurement and Payment for SWPPP Administration shall be on a Lump Sum (LS) basis. Payment of this item shall include providing and submitting the required SWPPP (Storm Water Pollution Prevention Plan) documents to obtain administrative coverage of the project. All administrative fees and permitting requirements, transfer, and close out of the SWPPP permit shall be paid for by the Owner. Payment is to be made proportionate to amount of work completed. ITEM 104 – Topsoil Stripping (15” Depth) and Finish Grade Respread (CY) Measurement for Topsoil Stripping (15” Depth) and Finish Grade Respread shall be made on in-place material quantities and quantified using average depth of topsoil multiplied by the stripping area. Payment for Topsoil Stripping (15” Depth) and Finish Grade Respread shall be made on a Cubic Yard (CY) basis. This item consists of removing all the topsoil and organic matter to an estimated average depth of 15” under hardscapes. Actual topsoil depth may vary. This item consists of respreading topsoil to finish grade in landscaped areas. Contractor is responsible for maintaining adequate amounts of usable topsoil stockpiled onsite to allow for respread over the designated Page 5 of 22 City of Bozeman Special Provisions landscaped areas. ITEM 105 – Site Grading (Cut/Fill to Subgrade) (CY) Measurement for Site Grading (Cut/Fill to Subgrade) shall be made using the engineer estimate which was based on cutting/filling to the subgrade depth. Measurement shall be made using the engineer’s estimate unless the topsoil depth changes. Payment for Site Grading (Cut/Fill to Subgrade) shall be made on a Cubic Yard (CY) basis. This item consists of grading the site after the topsoil has been removed, to create the final subgrade surface, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 106 – Haul and Grade to Subgrade (CY) Measurement for Haul and Grade to Subgrade shall be made using the engineer estimate which was based on hauling and filling to the subgrade depth. Measurement shall be made using the engineers estimate unless the topsoil depth changes. Payment for Haul and Grade to Subgrade shall be made on a Cubic Yard (CY) basis. This item consists of hauling from a stockpile south of phase 1B and placing/grading the site after the topsoil has been removed, to create the final subgrade surface, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 107 – Sign Demo (EA) Measurement for Sign Demo shall be made on an Each (EA) basis. Payment for Sign Demo shall be on an Each basis. Payment shall include all labor, equipment, and materials necessary to remove specified signs. This item consists of the removal and disposal of sign and base (if necessary), and all labor, equipment, tools, material, and other incidentals required to complete the item. Parking Lot Storm Drainage Improvements ITEM 201 – Sidewalk Chase (LF) Measurement and payment for Sidewalk Chase shall be made on a Linear Feet (LF) basis as defined by the MPWSS and the City of Bozeman. This item consists of the installation of sidewalk chases at the locations and elevations specified in the Plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. Street, Parking and Sidewalk Improvements ITEM 301 – 12” Utility Sleeves (LF) Measurement and Payment for 12” Utility Sleeves be made on a Linear Foot (LF) basis as defined by MPWSS and the COB MODS. This item is for furnishing and installing sleeves, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 302 – 8” Landscaping Irrigation Sleeves Measurement and Payment for 8” Landscaping Irrigation Sleeves be made on a Linear Foot (LF) basis as defined by MPWSS and the COB MODS. This item is for furnishing and installing sleeves, and all labor, equipment, tools, material, and other incidentals Page 6 of 22 City of Bozeman Special Provisions required to complete the item. ITEM 303 – 10” Landscaping Irrigation Sleeves Measurement and Payment for 10” Landscaping Irrigation Sleeves be made on a Linear Foot (LF) basis as defined by MPWSS and the COB MODS. This item is for furnishing and installing sleeves, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 304 – Subgrade Prep Measurement and Payment for Subgrade Prep shall be made on a Square Foot (SF) basis using in place material quantities quantified using length multiplied by width of subgrade prep area. Quantities are based on a 2-foot extension past the top back of curb. No additional quantities will be paid for amounts exceeding the 2-foot extension past the top back of curb unless directed by the Engineer to do so. ITEM 305 - MIRAFI 600X Geotextile Stabilization Fabric Measurement and Payment for MIRAFI 600x Geotextile Stabilization Fabric shall be made on a Square Yard (SY) basis using length multiplied by width of subgrade prep area. Quantities are based on a 2-foot extension past the top back of Curb. No additional quantities will be paid for amounts exceeding the 2-foot extension past the top back of curb unless directed by the Engineer to do so. This item consists of furnishing and installing MIRAFI 600x Geotextile Stabilization Fabric at the locations and elevations shown on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 306 – Sub Base Course (Pit Run 20”) Measurement for Sub Base Course (Pit Run 20”) shall be made on in place material quantities and quantified using plan section depth of sub base course multiplied by the sub base area. Payment for Sub Base Course (Pit Run 20”) shall be made on a Cubic Yard (CY) basis. Quantities are based on a 2-foot extension past the top back of curb. No additional quantities will be paid for amounts exceeding the 2-foot extension past the top back of curb unless directed by the Engineer to do so. This item consists of furnishing and installing Sub Base Course (Pit Run 20”) at the locations and elevations shown on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 307 - Base Couse (Road Mix 6”) Measurement for Base Course (Road Mix 6”) shall be made on in place material quantities and quantified using plan section depth of base course multiplied by the base area. Payment for base course shall be made on a Cubic Yard (CY) basis. Quantities are based on a 2-foot extension past the top back of Curb. No additional quantities will be paid for amounts exceeding the 2-foot extension past the top back of curb unless directed by the Engineer to do so. This item consists of furnishing and installing Base Course at the locations and elevations shown on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. Page 7 of 22 City of Bozeman Special Provisions ITEM 308 – Curb and Gutter Measurement and Payment for Curb and Gutter shall be made on a Linear Foot (LF) basis as defined by the MPWSS and the COB MODS. This item consists of the furnishing and installation of combined Curb and Gutter at the locations and elevations shown on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 309 – 3’ Valley Gutter Measurement and Payment for 3’ Valley Gutter shall be made on a Square Foot (SF) basis as defined by the MPWSS. This item consists of the furnishing and installation of 3’ Valley Gutter at the location and elevations on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 310 – Asphalt Pavement (Traffic Rated) Measurement for Asphalt Pavement shall be made on in place material quantities and quantified using plan areas. Payment for Asphalt Pavement shall be made on a Square Foot (SF) basis for installed quantities, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 311 – Concrete Approach (Traffic Rated) Measurement for Concrete Approach (Traffic Rated) shall be made on in place material quantities and quantified using plan areas. Payment for Concrete Approach (Traffic Rated) shall be made on a Square Foot (SF) basis for installed quantities. This item consists of the furnishing and installation of the Concrete Approach at the location and elevations shown on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 312 – 6” Concrete Flatwork with Base Gravel (Traffic Rated) Measurement for 6” Concrete Flatwork with Base Gravel (Traffic Rated) shall be made on in place material quantities and quantified using plan areas. Payment for 6” Concrete Flatwork with Base Gravel (Traffic Rated) shall be made on a Square Foot (SF) basis for installed quantities. This item consists of the furnishing and installation of 6” Concrete Flatwork with Base Gravel (Traffic Rated) at the location and elevations shown on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 313 - 6” Concrete Flatwork with Fibermesh and Base Gravel Measurement for 6” Concrete Flatwork with Fibermesh and Base Gravel shall be made on in place material quantities and quantified using plan areas. Payment for 6” Concrete Flatwork with Fibermesh and Base Gravel shall be made on a Square Foot (SF) basis for installed quantities. This item consists of the furnishing and installation of 6” Concrete Flatwork with Base Gravel at the location and elevations shown on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 314 – Curb Paint Measurement and Payment for Curb Paint shall be made on a Linear Foot (LF) basis. Page 8 of 22 City of Bozeman Special Provisions This item is for the preparation, layout, and painting of all curb areas as specified in the plans. The work includes all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 315 – White Striping Measurement and Payment for White Striping shall be made on a Linear Foot (LF) basis. This item is for the preparation, layout, and painting of all asphalt lines as specified in the plans. The work includes all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 316 – Thermoplastic Pavement Marking Measurement and Payment for Thermoplastic Pavement Parking shall be made on an Each (EA) basis. This item is for the preparation, layout, and painting of all pavement markings as specified in the plans. The work includes all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 317 – Signage Measurement for Signage shall be made per Each (EA) installed sign as defined in the MPWSS and COB MODS. This item consists of the furnishing and installation of each sign at the locations shown on the plans. The work includes all labor, material, and equipment required to complete the item. ITEM 318 - Detectable Warning Surface Measurement for Detectable Warning Surface shall be made on in place material quantities and quantified by length of surface by width of surface. Payment for Detectable Warnings shall be made on a Square Foot (SF) basis. This item consists of furnishing and installing Detectable Warning Surface at the locations shown on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. Center Spine Work Site Improvements ITEM 401 – Center Spine Gravel Sidewalk Measurement for Center Spine Gravel Sidewalk shall be made on in place material quantities and quantified using plan areas. Payment for Center Spine Gravel Sidewalk shall be made on a Square Foot (SF) basis for installed quantities. This item consists of the furnishing and installation of Gravel Sidewalk along the Center Spine at the location and elevations shown on the plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. Landscape Improvements ITEM 402 - Seeding Measurement and Payment for Seeding shall be made on a Lump Sum (LS) basis. See attached documentation for seeding special provisions. Payment shall be made on the proportional amount of Seeding installed. See table below for all work-related items and quantities included in ITEM 402. This item is to include all of the seeding along Page 9 of 22 City of Bozeman Special Provisions the center spine as shown in the landscape plans, and all labor, equipment, tools, material, and other incidentals required to complete the item. ITEM 403 – Irrigation System Measurement and Payment for Irrigation System shall be made on a Lump Sum (LS) basis. See attached documentation for Irrigation system special provisions. Payment shall be made on the proportional amount of Irrigation System installed. See table below for all work-related items and quantities included in ITEM 403. This item is to include all labor, equipment, tools and other incidentals to complete the irrigation system along the center spine as shown in the landscape plans. Sports Field Storm Drainage Improvements ITEM 501 - Core Into Existing Manhole Measurement and Payment for Core into Existing Manhole shall be per Each (EA) Manhole that requires to be cored into. This item includes the work and materials to core into an existing manhole and all labor, equipment, tools and other incidental work required to tie the new storm pipe into the existing manhole. ITEM 502 – 36” Storm Manhole Measurement and Payment for 36" Storm Manhole is per Each (EA) 36" Manhole installed. This item consists of installing 36” Storm Manhole at the location and elevation shown on the Plans. Work includes, but is not limited to, furnishing, and installing the manhole, ring, and cover, and all other materials required to complete the work as described in the plans and specifications. The work also includes all excavation, shoring, sheeting, dewatering, backfill and compaction; and all labor, equipment, tools, and incidentals required to complete the item. ITEM 503 - 36” Extra Manhole Depth Measurement and Payment for 36” Extra Manhole Depth shall be made on a Vertical Foot (VF) basis as defined by MPWSS. ITEM DESCRIPTION QTY UNIT Park irrigation (medium rotors) 5,256 SF Mainline (4") for future fields 45 LF Isolation valve (4") for future fields 1 EA ITEM DESCRIPTION QTY UNIT Topsoil spreading from stockpile at dryland area- 6" deep 560 CY Soil amendments at dryland seeding area- (compost & gypsum) 30,228 SF Tilling - 4" deep 30,228 SF Drill seeding 30,228 SF Hydromulch 30,228 SF Page 10 of 22 City of Bozeman Special Provisions ITEM 504 – 12” PVC Storm Drain Pipe Measurement and Payment for 12" PVC Storm Drain Pipe shall be made on a Linear Foot (LF) basis as defined by MPWSS and the COB MODS. This item consists of installing 12" PVC Storm Drain Pipe at the location and elevation shown on the plans. Work includes, but is not limited to, furnishing, and installing the pipe, and all other materials required to complete the work as described in the plans and specifications. The work also includes all excavation, shoring, sheeting, dewatering, backfill and compaction; and all labor, equipment, tools, and incidentals required to complete the item. Street and Sidewalk Improvements ITEM 505 – Subbase Course (Pit Run 20”) Measurement for Sub Base Course (Pit Run 20”) shall be made on in place material quantities and quantified using plan section depth of sub base course multiplied by the sub base area. Payment for Sub Base Course (Pit Run 20”) shall be made on a Cubic Yard (CY) basis. Quantities are based on a 2-foot extension past the top back of curb. No additional quantities will be paid for amounts exceeding the 2-foot extension past the top back of curb unless directed by the Engineer to do so. This item consists of furnishing and installing Sub Base Course (Pit Run 20”) at the locations and elevations shown on the plans, and all labor, equipment, tools, and incidentals required to complete the item. ITEM 506 – Base Course (Road Mix 6”) Measurement for Base Course (Road Mix 6”) shall be made on in place material quantities and quantified using plan section depth of base course multiplied by the base area. Payment for base course shall be made on a Cubic Yard (CY) basis. Quantities are based on a 2-foot extension past the top back of Curb. No additional quantities will be paid for amounts exceeding the 2-foot extension past the top back of curb unless directed by the Engineer to do so. This item consists of furnishing and installing Base Course at the locations and elevations shown on the plans, and all labor, equipment, tools, and incidentals required to complete the item. ITEM 507 - MIRAFI 600X Geotextile Stabilization Fabric Measurement and Payment for MIRAFI 600x Geotextile Stabilization Fabric shall be made on a Square Yard (SY) basis using length multiplied by width of subgrade prep area. Quantities are based on a 2-foot extension past the top back of Curb. No additional quantities will be paid for amounts exceeding the 2-foot extension past the top back of curb unless directed by the Engineer to do so. This item consists of furnishing and installing MIRAFI 600x Geotextile Stabilization Fabric at the locations and elevations shown on the plans, and all labor, equipment, tools, and incidentals required to complete the item. Site Work Site Improvements ITEM 601 – East-West Gravel Sidewalk Measurement for East-West Gravel Sidewalk shall be made on in place material Page 11 of 22 City of Bozeman Special Provisions quantities and quantified using plan areas. Payment for East-West Gravel Sidewalk shall be made on a Square Foot (SF) basis for installed quantities. This item consists of the furnishing and installation of Gravel Sidewalk going east to west at the location and elevations shown on the plans, and all labor, equipment, tools, and incidentals required to complete the item. ITEM 602 – Vault Toilet Measurement and payment for Vault Toilet shall be made on a Lump Sum (LS) basis. Vault Toilet is to be Missoula Concrete Construction Double Vault Toilet Without Screen or an approved equal. 50% of payment will be made when the item is ordered with the remainder to be paid out on completion of install. This item consists of all work incidental to install the vault toilet, included but now limited to procurement, placement and all labor equipment and tools to install this item. Landscape Improvements ITEM 603 – Planting Measurement and Payment for Planting shall be made on a Lump Sum (LS) basis. See attached documentation for Planting special provisions. Payment shall be made on the proportional amount of Planting installed. See table below for all work-related items and quantities included in ITEM 603. This item is to include all the planting as shown in the landscape plans, including all labor equipment, tools and incidental work required to install the plantings. ITEM DESCRIPTION QTY UNIT Topsoil spreading from stockpile at planters- 12" deep 337 CY Planter areas (Plants, weed barrier, edging, and mulch, amendments) 9,100 SF Landscape boulders (3-5' dia) 31 EA Ornamental tree (1-1/2" caliper) 9 EA Deciduous shade tree (2-1/2" caliper) 34 EA Evergreen tree (6' tall) 6 EA ITEM 604 – Seeding Measurement and Payment for Seeding shall be made on a Lump Sum (LS) basis. See attached documentation for seeding special provisions. Payment shall be made on the proportional amount of Seeding installed. See table below for all work-related items and quantities included in ITEM 604. This item is to include all incidental work to complete the seeding as shown in the landscape plans (excluding the seeding along the center spine). ITEM DESCRIPTION QTY UNIT Topsoil spreading from stockpile at dryland area- 6" deep 3,854 CY Soil amendments at dryland seeding area- (compost & gypsum) 208,100 SF Tilling - 4" deep 208,100 SF Drill seeding 208,100 SF Hydromulch 208,100 SF Page 12 of 22 City of Bozeman Special Provisions ITEM 605 - Irrigation System Measurement and Payment for Irrigation System shall be made on a Lump Sum (LS) basis. See attached documentation for Irrigation system special provisions. Payment shall be made on the proportional amount of Irrigation System installed. See table below for all work-related items and quantities included in ITEM 605. This item is to include all labor, equipment, tools and incidental work to complete the Irrigation System as shown in the landscape plans (excluding the irrigation system along the center spine). ITEM DESCRIPTION QTY UNIT Park irrigation (medium rotors) 4,771 SF Park irrigation (spray) 7,326 SF Planter irrigation (spray) 8,100 SF Tree irrigation 49 EA Irrigation controller 1 EA Master valve & flow sensor 1 EA Solar sync 1 EA Mainline (6") 3,665 LF SubMainline (3") 50 LF SubMainline (4") 1,644 LF Isolation valve (4") 6 EA Isolation valve (6") 4 EA Cam-loc assemblies 3 LS Solar power for controller 1 EA Repair damage to existing irrigation west of field 5 1 LS ITEM 606 – Bike Racks Measurement and Payment for Bike Racks shall be made on an Each (EA) basis. This item is for all bike racks as specified in the landscape plans. This item consists of all material, labor equipment, tools and other incidentals required to install the item. Add Alternates Add Alt #1 – Center Spine ITEM ALT 1.1 – 6” Concrete Flatwork with Base Gravel (Non-Traffic Rated) Measurement for 6” Concrete Flatwork with Base Gravel (Reinforced/Non-Traffic Rated) shall be made on in place material quantities and quantified using plan areas. Payment for 6” Concrete Flatwork with Base Gravel (Reinforced/Non-Traffic Rated) shall be made on a Square Foot (SF) basis for installed quantities. This item consists of the furnishing and installation of 6” Concrete Flatwork with Base Gravel (Reinforced/Non-Traffic Rated), including and all labor, equipment, tools, and incidentals required to complete the item at the location and elevations shown on the plans. Page 13 of 22 City of Bozeman Special Provisions Add Alt#2 – Field 13 Asphalt Apron ITEM ALT 2.1 – Asphalt Apron (Non-Traffic Rated) Measurement for Asphalt Apron (Non-Traffic Rated) shall be made on in place material quantities and quantified using plan areas. Payment for Asphalt Apron shall be made on a Square Foot (SF) basis for installed quantities. This item consists of placing asphalt including and all labor, equipment, tools, and incidentals required to complete the item at the location and elevations shown on the plans. Add Alt#3 – Field 7 Asphalt Apron ITEM ALT 3.1 – Asphalt Apron (Non-Traffic Rated) Measurement for Asphalt Apron (Non-Traffic Rated) shall be made on in place material quantities and quantified using plan areas. Payment for Asphalt Apron shall be made on a Square Foot (SF) basis for installed quantities. This item consists of placing asphalt including and all labor, equipment, tools, and incidentals required to complete the item at the location and elevations shown on the plans. Add Alt #4 – Field 13 Chain Link Fence ITEM ALT 4.1 – 4’ Chain-link Field Fence Measurement and Payment for Chain-Link Field Fence Shall be made on a Linear Foot (LF) basis. This item includes all work required to install the 4’ Chain-Link fence at locations and elevations shown in the plans, including all materials, labor equipment, tools and incidentals to complete the item. Add Alt #5 – Field 7 Chain Link Fence ITEM ALT 5.1 – 4’ Chain link Field Fence Measurement and Payment for Chain-Link Field Fence Shall be made on a Linear Foot (LF) basis. This item includes all work required to install the 4’ Chain-Link fence at locations and elevations shown in the plans, including all materials, labor equipment, tools and incidentals to complete the item. Add Alt #6 – Bike Racks ITEM ALT 6.1 - 6” Concrete Flatwork with Base Gravel (Non-Traffic Rated) Measurement for 6” Concrete Flatwork with Base Gravel (Reinforced/Non-Traffic Rated) shall be made on in place material quantities and quantified using plan areas. Payment for 6” Concrete Flatwork with Base Gravel (Reinforced/Non-Traffic Rated) shall be made on a Square Foot (SF) basis for installed quantities. This item consists of the furnishing and installation of 6” Concrete Flatwork with Base Gravel (Reinforced/Non-Traffic Rated) at the location and elevations shown on the Plans. ITEM ALT 6.2 – Bike Racks Measurement and Payment for Bike Racks shall be made on an Each (EA) basis. This item is for all future bike racks as specified in the landscape plans. This item consists of all material, labor equipment, tools and other incidentals required to complete the item. Page 14 of 22 City of Bozeman Special Provisions 4. AWARD OF CONTRACT If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid on a unit price basis for each item of Work listed as provided and described above. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner. The low bidder will be determined on the basis of the lowest Total Combined Base Bid prior to any Add Alternates. The award of the contract, if awarded, will be made within the period specified in the Invitation to Bid to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed herein. The successful Bidder will be notified by letter, mailed to the address shown on the Bid, that their Bid has been accepted and that they have been awarded a contract. 5. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning of the Contract Time shall be stated in a written NOTICE TO PROCEED written by the Project Manager to the Contractor. Where multiple schedules are awarded under a single contract, the contract times shall run concurrently, unless the City agrees to issue separate notices to proceed. The Contract Time will expire automatically after the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change order. The Contract Time is to be 120 days. In the event of winter conditions as agreed upon by owner, contractor and engineer the 120 days will be put on hold and resumed once winter conditions are over. No additional payments will be made for working through winter conditions. 6. COST LIMITATIONS The Owner reserves the right to eliminate or reduce certain proposal items from the project following the Bid Opening to make the project financially feasible with the limitations of the funds allocated for this project. The determination of which items shall be eliminated shall be the responsibility of the Owner. 7. NAMES, PRODUCTS AND SUBSTITUTIONS Where products or materials are specified by manufacturer, trade name, or brand, such designations are intended to indicate the required quality, type, utility, and finish. Requests for proposed substitution shall include complete specifications and descriptive data to prove the equality of proposed substitutions. Substitutions shall not be made without the written approval of the Owner. No substitutions will be considered until after contract award. Page 15 of 22 City of Bozeman Special Provisions 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Project Manager for approval the name of the manufacturer of machinery, mechanical and other equipment and materials which he contemplates using in execution of the work, together with the performance capacities and such other information which may be pertinent or required by the Owner. 9. BIDDER'S QUALIFICATIONS The Contractor shall show evidence that he has the finances, organization, and equipment to perform the work with a limited number of subcontractors. The Contractor will be required to have a full-time resident General Superintendent on the job at all times while the work is in progress. He shall be in a position to direct the work and make decisions either directly or through immediate contact with his superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 10. WARRANTY The Contractor is required to provide a 2-year warranty bond after final walk-through of the project by the Owner. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the Owner the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. The Contractor shall limit working hours to meet City of Bozeman ordinance for construction activities. No work shall be done outside of these hours unless specifically approved by the Owner. 12. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held at the Project Engineer’s Office, at Stahly Engineering: 851 Bridger Drive Suite 1, for the purpose of discussing requirements on such matters as project supervision, on-site inspections, progress schedules and reports, payrolls, payment to contractors, contract change orders, insurance, safety, and any other items pertinent to the project. The Contractor shall arrange to have all supervisory personnel and a representative from each of the affected utility companies connected with the project on hand to meet with a representative of the Owner to discuss the project and Page 16 of 22 City of Bozeman Special Provisions any problems anticipated. 13. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power, gas and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility of the Contractor to fully coordinate his work with the agencies and to keep them informed of his construction activities so that these vital installations are fully protected at all times. A Montana One-call system, phone number 1-800-424-5555 has been set up to facilitate requests for underground facility locate information. The Contractor is responsible for contacting the One-call system prior to any excavation. 14. EASEMENTS, RIGHTS-OF-WAY, ADJOINING PROPERTY The Contractor shall contain all of his construction operations within the easements and rights of way unless written approval is secured from the owner of the adjoining property or written approval is given by the Owner to utilize the adjacent land area. 15. TRAFFIC CONTROL B. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use of the City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Project Manager. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction of the project require the closure of any streets, roads or highways or require night-time or long-term traffic control, the Contractor will be required to prepare a detailed TRAFFIC CONTROL PLAN to address the methods and means of controlling traffic under the specific conditions. Traffic control plans shall be in conformance with the requirements of the Manual on Uniform Traffic Control Devices. In regards to closures, the plan shall include specific details on traffic detours and estimated durations of the closures. Details of signing, barricades, flagging and other traffic control devices shall be presented. The traffic control plan shall be approved by the Owner prior to construction. The Contractor may be required to modify or adjust a traffic control set-up to fit specific field conditions encountered during construction. Page 17 of 22 City of Bozeman Special Provisions C. Traffic Access. Construction work shall be programmed by the Contractor so that local traffic will have continuous access within one block of any given property. It shall be the responsibility of the Contractor to notify all affected residents in the area of programmed work, of street closures, parking requirements and restrictions, and any other conditions, a minimum of twenty-four (24) hours prior to beginning work within the affected area. All signing, barricades, and other traffic control measures shall be provided by the Contractor. D. Warning Signals. All streets, roads, highways and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed, mounted or affixed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations within the construction area shall be provided with suitable barriers, signs and lights to the extent that adequate public protection is provided. All abrupt grade changes greater than one inch which traffic is required to pass over; and obstructions, including but not limited to, material stockpiles and equipment shall be similarly protected. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sundown to sunrise. E. Notifications. The Contractor shall coordinate all of the Contractor’s construction activities to minimize conflicts at the work site, off-site events, or other construction projects nearby. The Contractor shall notify all affected residents and businesses, the Bozeman Police, Fire, Street, and Sanitation Departments, Laidlaw Bus Service, Streamline Bus Service, AMR Ambulance Service, and Allied Waste Services of all planned street closures a minimum of 24 hours before any actual street closure. In addition, all businesses affected by a street closure shall be given seven (7) days advance notice of the upcoming street closure. The Contractor shall maintain a log of all advance notifications that have been made for each street segment construction site. Prior to closure of any collector or arterial street, the Contractor shall prepare a news release announcing the upcoming street closure which shall specify at a minimum the impact of the construction upon the public and the duration of the work. At least three days prior to the street closure, the Contractor shall submit the news release to all local news media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. F. Signalized Intersections. The Contractor shall coordinate with the City of Bozeman Street Department and the Montana Department of Transportation when working in or near a signalized intersection. Signals shall not be disrupted without prior approval by City of Bozeman Street Department and the Montana Department of Transportation. Page 18 of 22 City of Bozeman Special Provisions G. Work Methods. 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Project Manager deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property, the Owner may correct the deficiency and be reimbursed for all costs from the next progress payment to the Contractor. 5. Flagging shall be only performed by certified and properly equipped flag persons. Flagging shall be done as described in the booklet “Instructions to Flag persons” published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary, pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the Owner and to adjacent property owners and to minimize interruptions to utility service and through traffic. The Contractor shall maintain vehicular access to local businesses at all times. Work shall be scheduled so as to minimize disruptions to local mail and freight delivery. The Contractor shall maintain vehicular access to residences able to be used after each shift. Street closures shall be closures to through traffic with local traffic allowed. Provide channelization, flaggers, or other measures necessary to allow the safe passage of local vehicles to access residences that are within the work zone but not blocked by construction. Notify all residents at least 24 hours in advance of any access restrictions for individual approach or street closures. Schedule work such that individual approach closures last no more than a single shift. The Contractor shall utilize whatever means he deems necessary to allow traffic on driveway curbs and aprons a maximum of 10 days after they are poured unless approval is specifically granted by the homeowner to leave them closed for a longer period of time. The Contractor will be responsible for any cracking or broken sidewalk that may result from use of the driveways. Page 19 of 22 City of Bozeman Special Provisions 8. The Contractor shall designate one (1) employee whose primary purpose shall be to coordinate traffic control and shall provide a 24 hour per day telephone number or numbers to contact this person. 16. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils, materials, and slurries unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. This project is greater than 1.0 acres in area and therefore a storm water pollution prevention plan (SWPPP) is required to be submitted to Montana Department of Environmental Quality (MDEQ) and the City of Bozeman Stormwater Division. Compiling and submitting the SWPPP is the responsibility of the contractor. This plan must be approved by DEQ before submitting to the city; additionally, the SWPPP needs to be approved prior to scheduling a preconstruction meeting with the City. No construction activities may take place under this contract until the SWPPP has been approved. The city will review the permit for adequacy. Please allow 1 week for the City to review the SWPPP. The Contractor shall exercise all reasonable precautions throughout the life of the project to prevent pollution or siltation of the city stormwater system, rivers, streams or impoundments. Pollutants such as chemicals, slurries, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into the city stormwater system or into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Montana DEQ, Department of Fish, Wildlife and Parks, Department of Health and Environmental Sciences and other State or Federal regulations relating to the prevention or abatement of water pollution and siltation. The Contractor's specific attention is directed to the Montana Water Quality Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations and stormwater runoff. All debris or waste materials shall be cleaned up by the end of the work day. 17. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as Page 20 of 22 City of Bozeman Special Provisions necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Project Engineer. 18. OPERATION OF EXISTING VALVES All existing City of Bozeman water main valves shall be operated by authorized personnel of the City of Bozeman only. The Contractor shall not operate any existing valves without the written consent of the City of Bozeman. 19. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner. Should the owner choose not to accept any salvageable items, then the Contractor shall dispose of those items at his expense at a site or landfill acceptable to the Project Manager. Any costs for the above referenced work shall be at the contractor’s expense. 20. ACCESS TO RECORDS The Contractor shall allow access to any books, documents, papers and records which are directly pertinent to this Contract by the Owner, State or Federal agencies, or any of their duly authorized representatives for the purpose of making an audit, examination, excerpts or transcriptions. 21. INSURANCE Insurance coverage required under this contract shall extend, at a minimum, to the end of the contract time. 22. LANDSCAPING RESTORATION CONTRACTOR shall be responsible for the restoration of any and all landscape features disturbed during construction. All landscaping disturbed by construction activities must be restored to a condition equal to or better than the conditions existing prior to construction as judged by the OWNER. The CONTRACTOR shall be required to stockpile and replace all topsoil and irrigation systems disturbed by construction. 23. PROTECTION OF TREES, SPRINKLER SYSTEMS, AND PROPERTY PINS Prior to initiation of any excavation or removal of existing concrete, the Contractor shall cut all tree roots at the back limits of excavation with a Vermeer root cutter or other similar machine capable of cutting the roots in a neat clean, fashion from existing ground to subgrade elevation. Indiscriminate ripping of tree roots will not be permitted. In addition, the Contractor shall take special care when working around trees to avoid Page 21 of 22 City of Bozeman Special Provisions any unnecessary damage to the branches or the trunks of trees. Protective barriers shall be placed around trees as necessary to prevent inadvertent damage by equipment. The contractor shall meet with the City forester prior to beginning construction activity to discuss park tree trimming. All tree trimming is the responsibility of the City forestry department. The contractor shall be expected to provide reasonable access to forestry before and during construction to trim trees as needed. Any substantial damage to a park tree resulting from construction activity may result in a penalty accessed to the contractor. If such damage occurs, the City Forester will inspect and access the damage and the contractor may be held liable for such damage at the discretion of the City Forester. If tree roots are left exposed due to construction activity, the contractor must cover the roots with topsoil or an erosion control blanket to prevent damage to the roots. Tree roots must be protected in this manner whenever the exposure is anticipated to last more than 2 calendar days. The contractor shall take extra care when working around trees. A general rule for this project shall be maintaining a 5-foot radius “no dig zone” around trees when excavating for deep buried utilities (water and sewer). The Contractor shall take care to locate any existing sprinkler heads or lines prior to excavation. Any sprinkler systems which are damaged shall be repaired by the Contractor. The Contractor shall be responsible for preserving existing property pins in the field. The cost of resetting property pins removed by the Contractor shall be the responsibility of the Contractor. Existing irrigation to trees shall be operational throughout the project or manual watering must be coordinated with the City Forester. 24. UNSCHEDULED EMPLOYMENT OF CITY WATER/SEWER SERVICE WORKERS One City Of Bozeman Water/Sewer Operations Dept service worker will be available 7:15 AM till 5:15 PM Monday-Friday with the exception of City recognized holidays for the water and sewer main replacement portion of the work. Work scheduled outside these times with less than 24 hours notice will be billed at 1.5 times the service worker’s base pay rate of $ 38.00 per hour. Call outs (emergency response with no notice) will be billed 2 hours double time the base rate. Each succeeding hour thereafter 1.5 times the base rate. The CONTRACTOR is required to respond to affected property owners within the project and resolve complaints/issues that are raised. If the City is contacted due to non- responsiveness on the part of CONTRACTOR, the City will resolve the issue and charge the CONTRACTOR for its time at the rates provided for in this section. Page 22 of 22 City of Bozeman Special Provisions 25. DELAYS The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation, or other natural phenomena. Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. Such events will not constitute justification for an extension of time unless agreed upon by both the Project Manager and Contractor, and the total time lost to such events exceeds 5% of the Contract Time. For purposes of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 –year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed. 26. CONSTRUCTION STAKING Construction staking is to be provided by Contractor. 312334 - 1 DIVISION 31— EARTHWORK SECTION 312334 IRRIGATION TRENCHING AND BACKFILL PART 1 - GENERAL 1.1 DESCRIPTION A. Work in this section consists of all labor, materials, and equipment necessary to do all work and related items as shown on the drawings, specified herein or incidental to proper execution of the work, including trenching, boring under driveways, walks, and curbs, installation of pipe sleeves, and backfilling. 1.2 RELATED WORK DESCRIBED ELSEWHERE A. Irrigation System - Section 328400 1.3 QUALITY ASSURANCE A. For actual prosecution of the work, use only personnel who are skilled in the work required, familiar with recommended methods of installation, and thoroughly familiar with the requirements of this work. 1.4 UNDERGROUND OBSTRUCTIONS A. The Contractor shall contact all utilities for locations of their installations prior to initiating work. B. The Contractor shall preserve, intact, any underground pipes or other utilities encountered during construction. In case any such utilities or other structures are accidentally broken or damaged, they shall be immediately replaced in a condition at least equal to that in which they were found, all at the expense of the Contractor. PART 2 - MATERIALS 2.1 PIPE SLEEVES A. Pipe sleeves shall be Schedule 40 PVC pipe, 3" diameter, or equal approved by the Owner's Representative. Refer to Drawing for additional information on sleeve sizing. 312334 - 2 PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Inspection 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. 2. Verify that trenching may be completed in accordance with the original design and the referenced standards. B. Discrepancies 1. In the event of discrepancy, immediately notify the Owner's Representative. 2. Do not proceed with installation in areas of discrepancy until all discrepancies have been fully resolved. 3. Beginning of installation means acceptance of existing conditions by installer. 3.2 TRENCHING A. General 1. Perform all trenching required for the installation of items where the trenching is not specifically described in other sections of these Specifications. 2. Make all trenches in accordance with OSHA Requirements with sufficient width to provide free working space at both sides of the trench and around the installed item as required for gluing, joining, backfilling, and compacting while minimizing width of trenches. B. Depth 1. Trench as required to provide the elevations shown on the Plans. 2. Trench to sufficient depth to give a minimum of 18 inches of fill above the top of the pipe measured from the adjacent finished grade under driveways and sidewalks. 3. All mainline shall have a minimum cover of 18" above the pipe. All laterals shall have a minimum cover of 12" above the pipe. C. Correction of Faulty Grades 1. Where trench excavation is inadvertently carried below proper elevations, backfill with material approved by the Owner's Representative and then compact to provide a firm and unyielding subgrade to the approval of the Owner's Representative and at no additional cost to the Owner. D. Trench Bracing 1. Properly support all trenches in strict accordance with all pertinent rules and regulations. 312334 - 3 2. Brace, sheet, and support trench walls in such a manner that they will be safe and that the ground alongside the excavation will not slide or settle, and that all existing improvements of every kind will be fully protected from damage. 3. In the event of damage to such improvements, immediately make all repairs and replacements necessary to the approval of the Owner's Representative and at no additional cost to the Owner. 4. Arrange all bracing, sheeting and shoring so as to not place stress on any portion of the completed work until the general construction thereof has proceeded far enough to provide sufficient strength. E. Removal of Trench Bracing 1. Exercise care in the drawing and removal of sheeting, shoring, bracing, and timbering to prevent collapse or caving of the excavation faces being supported. F. Grading and Stockpiling Trenched Material 1. Control the stockpiling of trenched material in a manner to prevent water from running into the excavations. 2. Do not obstruct surface drainage but provide means whereby storm and waste waters are diverted into existing gutters, other surface drains, or temporary drains. G. Methods 1. All trench excavation shall be made by open cut. During excavation, material suitable for backfilling shall be piled in an orderly manner a sufficient distance from the banks of the trench to avoid overloading, and to prevent slides or cave-ins. All material not required for backfill or not suitable for backfill, shall be removed from the site by the Contractor. Banks of trenches shall be kept as nearly vertical as possible, and shall be properly sheeted and braced as may be necessary to prevent caving. 2. Trench widths in paved streets or in areas where proximity to other structures require vertical cuts, shall not be wider than is required for proper handling, jointing and bedding of the pipe. 3. The bottom of the trenches shall be accurately graded to line and grade, and provide uniform bearing and support for each section of the pipe on undisturbed soil, at every point along its entire length. Depressions for joints shall be dug after the trench bottom has been graded, and shall be only of such length, depth and width as required for properly making the particular type joint. Care shall be taken not to excavate below the depths indicated. 4. Where rock occurs in trench excavation, the rock shall be removed to a depth of six (6) inches below the established grade line, and to a width of twelve (12) inches greater than the outside diameter of the pipe to be installed in the trench. H. Pavement Removal 1. Where excavation of trenches requires the removal of asphaltic pavement, the pavement shall be cut in a straight line along the edge of the excavation by use of a spade-bitted air hammer, concrete saw or similar approved equipment to obtain straight, square and clean break; and, after backfilling and subgrade preparations are completed, hot plant mix asphaltic concrete shall be replaced and compacted. 312334 - 4 2. Excess material, including rock, broken concrete, bituminous materials, debris or other materials not suitable for backfill, shall be removed from the site and disposed of by the Contractor. 3.3 BORING A. Locations 1. Boring shall be used to route pipe, wiring, or both under concrete structures such as walks or curbs where trenching is impractical. Sleeves shall be installed in all bored holes. B. Method 1. Boring shall be accomplished with a drill, auger, water jet, or any other instrument approved by the Owner's Representative capable of producing a precise hole. Boring shall not disturb overlaying structures or cause settlement and damage to those structures. 3.4 SLEEVES A. Locations 1. Sleeves shall be installed wherever routing of a pipe, wiring, or both crosses a paved area or passes through a bored hole. B. Methods 1. Sleeves laid in open trenches shall be uniformly and evenly supported by undisturbed soil on the trench bottom. Backfill shall conform to standards hereinafter specified. 2. Sleeves installed in borings shall be forced through and shall have a snug fit throughout the length of the bored hole. Sleeves cracked or broken shall not be accepted. 3.5 BACKFILL A. Inspection 1. The trenching shall not be backfilled until inspection has been completed and the pipe installation, including the grade, alignment and jointing has been found to be in compliance with the requirements of the plans and specifications. B. Around and Over Pipe 1. Select backfill material consisting of sand, fine gravel or select earth, free of large lumps or rocks larger than 3/4 inch shall be used in backfilling around and over the installed pipe. 2. The select material shall be obtained from the excavation material removed from the trench and shall be processed by screening, sifting, or selective sorting, so as to produce the type of backfill herein specified. The Contractor may at his option and own expense provide an acceptable imported material. 312334 - 5 3. This backfill material shall be carefully deposited around and over the pipe in layers not more than six (6) inches thick, loose measurement, unless otherwise permitted by the Owner's Representative, wetted to optimum moisture content and uniformly compacted to at least 95 percent of the maximum density obtainable at optimum moisture content as determined by AASHTO T99 Method A or D (latest revision), until the pipe has a cover depth of at least one (1) foot. C. Remainder of Trench Backfill 1. The remaining depth of the trench shall be backfilled with excavation material removed from the trench, which shall be wetted or dried to near optimum moisture content. 2. Inclusion of a limited amount of stones and rocks will be permitted. Stones and rocks shall in no case be larger than two inches diameter, and they shall be placed so that each piece is completely surrounded with material compacted to the density hereinafter specified. The size and amount of rocks used in backfill shall be such that they will not interfere with proper compaction. 3. This material shall be carefully deposited in layers of a thickness suitable to the equipment selected by the Contractor for proper compaction and compacted to at least 95 percent of the maximum density as determined by AASHTO T99 Method A or D (latest revisions). The method of compaction selected by the Contractor shall not cause damage of any nature to the installed pipe. 4. The use of a water puddling of this portion of the trench backfilling may be used if the specified density can be obtained and the backfill material is suitable for this type of trench compaction. 3.6 PAVEMENT REPLACEMENT A. Pavement replacement shall utilize the same materials and design as the original pavement. 3.7 CLEANUP A. Upon completion of the work, the entire site shall be cleared of all debris, and ground surfaces shall be finished to smooth, uniform slopes and shall present a neat and workmanlike appearance. Cleanup shall be considered an incidental item, and no additional payment shall be made for any cleanup item. All fences, culverts, gravel driveways or other obstructions removed during construction, shall be replaced in a condition at least equal to their existing condition. 3.8 MAINTENANCE A. The Contractor shall, for a period of one (1) year after completion and final acceptance of the work, maintain and repair any trench or boring settlement which may occur, and shall make suitable repairs to any pavements, sidewalks, or other structures which may become damaged as a result of settlement. All such maintenance and repair shall be at the Contractor's expense. END OF SECTION 312334 323300 - 1 DIVISION 32 – EXTERIOR IMPROVEMENTS SECTION 323300 SITE FURNISHINGS PART 1 - GENERAL 1.1 DESCRIPTION A. Work in this section consists of all labor, materials, and equipment necessary to provide and install site furnishing items as shown on the drawings, specified herein or incidental to proper execution of the work. 1.2 QUALITY ASSURANCE A. For actual prosecution of the work, use only personnel who are skilled in the work required, familiar with recommended methods of installation, and thoroughly familiar with the requirements of this work. B. Obtain each site furnishing unit identified from one source, and from a single manufacturer. 1.3 SUBMITTALS A. Submit material samples and manufacturers' standard finishes for selection and approval by the Owner's representative. B. Furnish complete shop drawings, product data and manufacturers installation instructions for each site furnishing system to be installed. Include layout of equipment, foundations and anchoring, listing of equipment components and all other data pertinent to installation. C. Submit certificate of manufacturer’s warranty. Furnishings to be free from defects in workmanship and materials for a minimum of three years from date of substantial completion. D. Submit color chart for color selection or verification if color has already been specified. 1.4 CLOSEOUT SUBMITTALS A. Maintenance Data: Maintenance data for site furnishings to be included in maintenance manuals. PART 2 - PRODUCTS 2.1 GENERAL A. Written request for substitutions must be received at least ten days prior to the date for receipt of Bids. Requests shall be made according to the Instruction to Bidders and include a component- by-component comparison of all specified and proposed site furnishings for evaluation. 323300 - 2 2.2 SITE FURNISHINGS A. All items are to be provided by the Contractor unless noted otherwise. 1. Bike Rack a. Bike rack shall be Madrax U Bike Rack, or equal approved in advance. b. Model: U238-LB-SF-P c. Material: 2.375” OD carbon steel tubing. d. Finish: Powder Coat e. Color: Black f. Mounting: Surface Mount g. Manufacturer: Madrax, 800-448-7931 2.3 FABRICATION A. Metal Components: Form to required shapes and sizes with true, consistent curves, lines, and angles. Separate metals from dissimilar materials to prevent electrolytic action. B. Welded Connections: Weld connections continuously. Weld solid members with full-length, full- penetration welds and hollow members with full-circumference welds. At exposed connections, finish surfaces smooth and blended, so no roughness or unevenness shows after finishing and welded surface matches contours of adjoining surfaces. C. Pipes and Tubes: Form simple and compound curves by bending members in jigs to produce uniform curvature for each repetitive configuration required; maintain cylindrical cross section of member throughout entire bend without buckling, twisting, cracking, or otherwise deforming exposed surfaces of handrail and railing components. D. Preservative-Treated Wood Components: Complete fabrication of treated items before treatment if possible. If cut after treatment, apply field treatment complying with AWPA M4 to cut surfaces. E. Exposed Surfaces: Polished, sanded, or otherwise finished; all surfaces smooth, free of burrs, barbs, splinters, and sharpness; all edges and ends rolled, rounded, or capped. F. Factory Assembly: Factory assemble components to greatest extent possible to minimize field assembly. Clearly mark units for assembly in the field. 2.4 GENERAL FINISH REQUIREMENTS A. Appearance of Finished Work: Noticeable variations in same piece are unacceptable. Variations in appearance of adjoining components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast. 323300 - 3 PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Inspection 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. 2. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finished grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work. 3. Field verify locations and dimensions for layout and fit of furnishings. Verify that furnishings may be installed in accordance with the original design and the referenced standards. 4. Beginning of installation means acceptance of existing conditions by installer. B. Discrepancies 1. In the event of discrepancy, immediately notify the Owner's Representative. 2. Do not proceed with installation in areas of discrepancy until all discrepancies have been fully resolved. 3. Beginning of installation means acceptance of existing conditions by installer. 3.2 INSTALLATION A. Comply with manufacturer's written installation instructions unless more stringent requirements are indicated. Complete field assembly of site furnishings where required. B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed. C. Coordinate site furnishing installation with the work of other trades to assure a smooth progression of the work. D. Install site furnishings level, plumb, true, and securely anchored at locations indicated on Drawings. E. Surface Mount: When indicated on the plan, surface mount all furnishings securely in positions shown on the plans. Plumb and level as required. 3.3 CLEANUP A. Immediately following installation clean the work site removing all surplus installation materials, waste, shavings, etc. Clean all furnishing surfaces as recommended by the manufacturer. Touch up any scratches or abrasions using materials and methods recommended by the manufacturer. 323300 - 4 B. Immediately before substantial completion inspection clean all furnishing surfaces as recommended by the manufacturer. END OF SECTION 323300 328400 - 1 DIVISION 32 – EXTERIOR IMPROVEMENTS SECTION 328400 IRRIGATION SYSTEM PART 1 - GENERAL 1.1 DESCRIPTION A. The work of this section consists of all items necessary to install the irrigation system required as indicated on the plans and includes, but not necessarily limited to: 1. Lawn and Tree Sprinkler System 2. Automatic Controller and Remote Control Valves 1.2 RELATED WORK DESCRIBED ELSEWHERE A. Irrigation System, Trenching, and Backfilling - Section 312334 B. Dryland Grass Seeding - 329205 C. Trees, Shrubs, & Groundcovers – Section 329300 1.3 QUALITY ASSURANCE A. Qualifications of Installer 1. Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials being installed and material manufacturer's recommended methods of installation and who shall direct all work performed under this section. 2. Prior to beginning work on the irrigation system, all individuals involved in the irrigation portion of the project shall submit evidence of having satisfactorily completed the following training courses. a. Hunter ACC and ACC Decoder Specialist Training b. Solvent cement manufacturer’s full training to include seminar module, field practice module, and bonder module, or approved equal. B. Coordination of Work 1. All work of this section, and the installation of all lawns and all plant materials shall be performed by one Contractor. C. Codes and Standards 1. In addition to complying with all pertinent codes and regulations, comply with the latest rules of the National Electrical Code for all electrical work and materials. 328400 - 2 2. Where provisions of pertinent codes and standards conflict with the requirements of this section of these Specifications, the more stringent provisions shall govern. 1.4 SUBMITTALS A. Material List 1. Before any irrigation system materials are delivered to the job site, submit to the Architect a complete informational package for all irrigation system materials proposed to be furnished and installed. 2. Provide electronic PDF submittals. 3. Show manufacturer's name and catalog number for each item, furnish complete catalog cuts and technical data, and furnish the manufacturer's recommendations as to method of installation. 4. Mark submittal to indicate which choices and options are applicable to project. 5. Do not permit any irrigation system component to be brought onto the job site until it has been approved by Architect. B. Certifications 1. Provide copies of certifications required by this specification. 1.5 PRODUCT HANDLING: A. Protection Use all means necessary to protect irrigation system materials before, during, and after installation and to protect the installed work and materials of all other trades. B. Replacements In the event of damage, immediately make all repairs and replacements necessary to the approval of the Owner's Representative and at no additional cost to the Owner. 1.5 TECHNICAL ASSISTANCE A. Responsibility 1. Contractor shall provide all manufacturer and other technical assistance as required for installation and adjustment of the complete irrigation system as specified. 1.6 GROUNDING AND WIRING STANDARDS A. Grounding 1. All grounding for irrigation control system to fully comply with local codes, the American Society of Irrigation Consultants (ASIC) Guideline 100-2002 and control equipment manufacturer’s specifications. All grounds shall be tested and certified test results shall be submitted to the Owner’s Representative before the control system is energized. 328400 - 3 B. Wire and Cable Color Code 1. All wiring for irrigation control system to fully comply with local codes, the American Society of Irrigation Consultants (ASIC) Guideline 102-2004 and control equipment manufacturer’s specifications. C. Communications Cables 1. All communications cables to be used in association with the irrigation control system to fully comply with local codes, the American Society of Irrigation Consultants (ASIC) Guideline 101-2003 and equipment manufacturer’s specifications. PART 2 - MATERIALS 2.1 MATERIALS SUMMARY A. Irrigation Controller, electric control valves, master valves, flow sensors, and irrigation heads shall be as specified (no substitutions). B. All other materials in this Section are as specified or approved equal. When evaluating substitution requests as equals to the specified products, the attributes of the specified product shall be the basis for comparison. 2.2 PIPE A. Plastic Pipe 1. Plastic pipe shall be rigid unplasticized PVC-160 or PVC-200 as indicated on the plans, conforming to ASTM D-1784 and D-2241 standard specifications for PVC plastic pipe. The pipe shall be homogeneous throughout and free from visible cracks, holes, foreign materials, blisters, deleterions, wrinkles, and dents. 2. All pipe shall be continuously and permanently marked with the following information. 3. Manufacturer's name or trademark, size, schedule and type of pipe, working pressure at 73 degrees F. and National Sanitation Foundation (N.S.F.) approval. 4. All mainlines shall be installed with gasketed pipe. All laterals shall be installed with solvent weld pipe joints. 2.3 RISERS A. Stationary Spray Heads 1. All stationary spray heads shall have Hunter model SJ-512 pre-manufactured swing assemblies or equal approved in advance by the Architect. Swing assembly shall be 1/2"x 1/2"x 12" NPT. B. Rotor Pop-up Sprinklers 328400 - 4 1. All 1" inlet rotor pop-up sprinklers shall have an adjustable pre-assembled double swing joint riser. Swing joints shall be Hunter model HSJ-1-3-2-2-12 or equal approved in advance by the Architect. Swing joints shall be 1" x 12" and shall be threaded both ends. 2. All 3/4" inlet rotor pop-up sprinklers shall have an adjustable pre-assembled swing assembly riser. Swing assemblies shall be Hunter model HSJ-0-3-2-2-12 or equal approved in advance by the Architect. Swing assemblies shall be 3/4" x 12" and shall be threaded both ends. C. Quick Coupling Valves 1. All quick coupling valves shall have an adjustable pre-assembled double swing joint riser. Swing joints shall be Hunter model HSJ-1-3-S-2-18 or equal approved in advance by the Architect. Swing joints shall be 1" x 18" and shall be threaded both ends. The swing joint riser shall be of proper pipe size to match quick coupling valve threads and shall include a special safety locking mechanism to retain the valve. 2.4 MANUAL VALVES A. Gate Valves 1. All manual gate valves shall be 200 PSI rated. 2. All manual gate valves, sizes 2-1/2 inch and smaller, shall be 304 or 316 stainless steel, solid wedge type with integral taper seats and with non-rising stem, 200 WOG and shall be Leemco LGT-Series or equal accepted in advance by the Architect. Wheel handle shall be installed on all hand operated valves, cross handle shall be installed on all drain valves. 3. All manual gate valves of 3 inch size or larger shall be iron body, brass trimmed, resilient wedge type with integral taper seats and with non-rising stems, and shall be Leemco LMV- BB Series, Matco 10 RT Series or equal accepted in advance by the Architect. 2.5 VALVE BOXES A. General 1. All remote control valves, manual control valves, zone shut-off valves, gate valves or globe valves, quick coupling valves, grounding rods, flow sensors, and 120 volt and communication wiring splices, unless otherwise indicated, shall be installed in valve access box of proper size as required for easy access to the valve. 2. All covers to be T-Cover type and locking. All valve boxes shall be of the same manufacturer. 3. Locking bolts shall be installed on the underside of the retainer unless directed otherwise by the Architect. B. Grounding Rods 1. Standard box for all ground rod installations to be AEP 910L-1GY2GY, Carson 910-10-T, NDS 312BCB ELEC, or Rain Bird VB-10RND-H with black or gray cover. C. Lateral, Isolation, Quick Coupling, and Drain Valves 328400 - 5 1. Standard box for all lateral, isolation, quick coupling, and drain valves to be AEP 910L- 1G2G, Carson 910-10-T, NDS 312BCB, or Rain Bird VB-10RND-H with locking green cover. Provide 4" PVC pipe sleeve valve box extensions as required. D. Control Valves, Flow Sensors, and Blowout Devices 1. Standard box for all electric control valves, flow sensors, and blowout devices shall be AEP 1015T-1G2G, Carson 1419-12-T, NDS 314BCB, or Rain Bird VB-STD-H with locking green cover. Provide matching valve box extensions as required. One control valve per box. E. Air Relief Valves 1. Standard box for air relief valves shall be AEP 1320-1G-2G, Carson 1220-12-T, NDS 318BCB, or Rain Bird VB-STD-H with locking green cover. Provide matching valve box extensions as required. F. Pull Boxes 1. Standard box for all electrical and communication cable pull boxes shall be AEP 1015T- 1B2B, Carson 1419-12-T, NDS 314BCB ELEC, or Rain Bird VB-STDBK-H with locking black or gray cover, electrical marking. Provide matching valve box extensions as required. 2.6 SPRINKLER HEADS A. General 1. Sprinkler heads shall be of the types and sizes as indicated on the plans. They shall be constructed of bronze, brass, stainless steel, cast iron and/or non-metallic materials. 2. All heads of a particular type and for a particular function in the system shall be of the same manufacture and shall be marked with the manufacturer's name and identification, in such a position that they can be identified without being removed from the system. 2.7 AUTOMATIC IRRIGATION CONTROLLERS 1. Field controllers shall be model numbers and manufacturers as shown on the plans, or acceptable equal. 2. Field controllers shall be installed on approved concrete bases in accordance with the manufacturer's recommendations as shown on the Drawings. 3. Field controllers shall be installed with manufacturer's lightning and surge protection. 2.8 AUTOMATIC REMOTE CONTROL VALVES 1. All remote control valves shall be of the same manufacturer as the selected automatic irrigation controller and shall be globe or angle pattern in type and model numbers as indicated on the plans. All valves shall be 24-volt, with epoxy-sealed solenoid coils and throttling stem. 328400 - 6 2.9 DECODER WIRE PATH A. All 2-wire decoder control wire shall be Hunter model number IDWIRE, 14 AWG, solid-core twisted pair, or equal approved in advance by the Owner’s Representative. If more than one control wire path is used, each wire path shall be designated by a different color per the following schedule. Color-coding is mandatory. Wire Path # Wire Part Number 1. 1 ID1GRY – Gray 2. 2 ID1PUR – Purple 3. 3 ID1YLW – Yellow 4. 4 ID1ORG – Orange 5. 5 ID1BLU – Blue 6. 6 ID1TAN - Tan B. Verification of wire types and installation procedures shall be checked to conform to local codes. 2.10 DECODERS A. All 2-wire valve output decoders shall be Hunter model number ICD-100. Provide one 2-wire decoder for each control valve in the valve box. B. All 2-wire sensor input decoders shall be Hunter model number ICD-SEN. Provide one 2-wire decoder for each control valve in the valve box. 2.11 WIRE PATH SPLICES A. All connections and splices in the red/blue two-wire path shall be made with 3M Company DBY- 6, DBR-6, or approved equal waterproof connectors. All 2-wire path connectors shall be UL listed for 600V. All 2-wire path splices shall be made only in valve boxes. Provide a minimum 5-foot loop of slack decoder wire at all splices. B. Use DBY-6 for all connections between 2-wire path and decoders. C. Use DBR-6 for all connections at tees in 2-wire path, and all connections to ground wire. D. Use standard 30V rated DBY splices at all connections between decoders and control valves or sensors. Connect decoder leads directly to valve or sensor leads. Secure decoder near valve or sensor so that all wires between the devices are slack and unstrained. 2.12 120 VOLT WIRING A. Electrical wire #8 and smaller shall be solid copper. Electrical wire #6 and larger shall be copper stranded. Insulation shall be polyvinyl chloride (PVC), type UF, direct burial rated, UL listed, 600 volt. B. All 120 volt wiring shall be run in conduit. All wiring shall be done in accordance with applicable electrical codes and manufacturer's recommendations. Make all connections to irrigation controllers only in the junction box provided in the controller cabinet. 328400 - 7 C. Irrigation controllers are to be earth grounded only. Do not ground irrigation controllers to 120-volt power system ground. 2.13 GROUNDING A. General 1. All controllers and decoders shall be properly grounded. All grounding shall comply with the referenced standards and manufacturer specifications and installation details. 2. All grounding materials shall comply with the minimum requirements of the NEC and local codes. B. Ground Rods 1. All ground rods shall be 5/8" x 10' copper clad steel, stamped as UL listed. All ground rods shall be Paige Electric part number 182007, or equal approved in advance by the Owner’s Representative. All ground rods shall be housed in valve box as specified. C. Ground Wire 1. Ground wires shall be #6 AWG bare copper wire, solid strand. Ground wires shall be attached to ground rods and ground plates with Cadweld “One Shot” connectors. 2. The wires are to be installed in as straight a line as possible. If it is necessary to make a turn or a bend, it shall be done in a sweeping curve with a minimum radius of 8” and a minimum included angle of 90°. D. Grounding Plates 1. All grounding plates for use with controllers shall meet the minimum requirements of section 250 of the NEC. They shall be made of a copper alloy intended for grounding applications and will have minimum dimensions of 4” x 96” x 0.0625”. A 25-foot continuous length of 6 AWG solid bare copper wire shall be attached to the plate using an approved welding process. Controller grounding plates shall be Paige Electric part number 182199L, or equal approved in advance by the Owner’s Representative. 2. All grounding plates for use with decoders shall meet the minimum requirements of section 250 of the NEC. They shall be made of a copper alloy intended for grounding applications and will have minimum dimensions of 4” x 36” x 0.0625”. A 10-foot continuous length of 6 AWG solid bare copper wire shall be attached to the plate using an approved welding process. Controller grounding plates shall be Paige Electric part number 182201, or equal approved in advance by the Owner’s Representative. E. Earth Contact Improvement 1. All earth contact improvement material shall be PowerSetÒ earth contact material, Paige Electric part number 1820058, or equal approved in advance by the Owner’s Representative. Salts, fertilizers and other chemicals shall not to be used in an attempt to improve soil conductivity. 2.14 FLOW SENSOR 1. Flow sensor shall be model numbers and manufacturers as shown on the plans. 328400 - 8 2.15 FITTINGS A. General 1. All plastic pipe fittings shall be permanently marked with the following information: a. Manufacturer's name or trademark, size, schedule and type of pipe, working pressure at 73 degrees F. and National Sanitation Foundation (N.S.F.) approval. 2. All plastic pipe fittings to be installed shall be molded fittings manufactured of the same material as the pipe and shall be suitable for solvent weld, slip joint ring-tite seal, or screwed connections. Marlex fittings shall not be permitted. 3. Slip fitting socket taper shall be so sized that a dry unsoftened pipe end, conforming to these special provisions, can be inserted no more than halfway into the socket. Plastic flange fittings will not be permitted. Only schedule 80 fittings may be threaded. 4. When connection is plastic to metal, plastic male adaptors shall be used. The male adaptor shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be Teflon Tape. B. Fittings- Solvent Weld 1. All lateral line fittings and mainline fittings 2" and smaller shall be schedule 40 solvent weld fittings. 2. Fittings shall be manufactured by Lasco, Spears, or acceptable equal. C. Fittings- Gasketed 1. All mainline fittings larger than 2-1/2" shall be gasketed ductile iron. 2. Fittings shall be manufactured by Harco, Leemco, or acceptable equal. D. Fittings- Mainline to Lateral 1. Connection between mainline and lateral control valve shall be made using a gasketed ductile iron service tee and a ductile iron swivel 90 or L90 MPT series outlet adapter. 2. Fittings shall be manufactured by Harco, Leemco, or acceptable equal. E. Fittings- Saddle Tees 1. Shall not be permitted. F. Polyethylene Encasement 1. All ductile iron pipe and fittings shall be wrapped in polyethylene sheeting for external corrosion protection. Sheeting shall meet or exceed AWWA C105. Sheeting shall be a linear low density polyethylene encasement with a density of 0.910 – 0.935 and a minimum thickness of .008 inches (8MIL). Color shall be black and contain less than 2% carbon black. Approved Products: Polyethylene Poly Wrap by Infinity Plastics, LLC 507-263- 4469, Polyethylene Encasement by Harco (434) 845-7094, or equal approved in advance. Provide submittal for review. Installation shall be according to the “Polyethylene Encasement Installation Guide” at www.dipria.org. 328400 - 9 2.16 SOLVENT CEMENT 1. All solvent cement and primer shall be manufactured by the same manufacturer for use together. Cement and primer products shall be manufactured with all virgin materials only. Solvent cement shall be NSF listed and shall meet or exceed ASTM D-2564. Solvent cement shall be heavy bodied, medium setting, and high strength. Solvent cement shall be Weld-On 711 PVC, Rectorseal Homer 828L, or equal. Primer shall be NSF listed and shall meet or exceed ASTM F-656. Primer color shall be purple. 2.17 CONCRETE A. All concrete shall be minimum 3,000 PSI at 28 days. B. If transit mixed, provide certifications with each delivery. If pre-mixed dry product is used, comply with all instructions for mixing printed on the manufacturer’s packaging. 2.18 OTHER MATERIALS A. Materials to be Furnished 1. Supply as part of this contract the following tools: a. Two keys for each automatic controller. b. Four quick coupler valve keys and matching hose swivel. c. Two isolation valve keys for each type of valve installed. d. Five heads of each type installed with nozzles. e. One automatic control valve for each size and type installed. 2. The above equipment shall be turned over to the Owner at the conclusion of the project. Before final inspection can occur, evidence that the Owner has received materials must be shown to the Architect. 3. All other materials, not specifically described but required for a complete and proper irrigation system installation, shall be new, first quality of their respective kinds, and subject to the approval of the Architect. B. Valve ID Tags 1. Identification tags shall be installed at all remote control valves. Tags shall be yellow in color and approximately 2.25” x 2.75”. Tags shall be Christy’s model No. ID-STD-Y1, or equal approved in advance. Manufacturer shall be T. Christy Enterprises, Inc., 714-507- 3300. C. Duct Sealant 1. Conduits used in conjunction with control wire shall be sealed. Ends of conduit shall be protected during installation to prevent water and other materials from entering the conduit. Any water or other materials shall be removed prior to installing the wire. 2. Following installation of the wire, ends of the conduit shall be sealed with an approved duct sealant material. Sealant shall be installed down into the conduit and not simply wrapped around the outside and over the top. 328400 - 10 3. Duct Sealing Compound shall be a gray, permanently soft, non-toxic compound which will adhere to clean dry surfaces. Duct Sealing Compound shall not adversely affect other plastic materials or corrode metals. a. Approved Duct Sealant 1) Garden Bender Duct Sealing Compound 2) Or approved equal. D. Handheld Decoder Programmer 1. One Hunter ICD-HP handheld decoder programmer shall be provided for use during the installation of the irrigation system. The decoder programmer shall be available to the Owner’s Representative during construction. The decoder programmer shall turned over to the Owner at the conclusion of the project. Before final inspection can occur, evidence that the Owner has received materials must be shown to the Owner's Representative. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Inspection 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. 2. Verify that irrigation system may be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards, and the manufacturer's recommendations. B. Discrepancies 1. In the event of discrepancy, immediately notify the Architect. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3. Beginning of installation means acceptance of existing conditions by installer. 3.2 FIELD MEASUREMENTS 1. Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. 3.3 TRENCHING AND BACKFILLING A. General 1. Perform all trenching and backfilling as specified by Section 312334 of this Specification. 328400 - 11 3.4 INSTALLATION OF PIPING A. General 1. Layout the piping system in strict accordance with the plans. 2. Where piping is shown on the plans to be under paved areas but running parallel and adjacent to planted areas, the intention is to install the piping in the planted areas. B. Pipe Depth 1. All mainlines shall be installed with 18" minimum cover over the pipe. 2. All laterals shall be installed with 12" minimum cover over the pipe. C. Line Clearance 1. All lines shall have a minimum clearance of 4 inches from each other, and 6 inches from lines of other trades, except through pipe sleeves. 2. Parallel lines shall not be installed directly over one another. D. Inspection of Pipe and Fittings 1. Carefully inspect all pipe and fittings before installation, removing all dirt, scale, and burrs and reaming as required; install all pipe with all markings up for visual inspection and verification. E. Plastic Pipe 1. Plastic pipe shall be installed in a manner so as to provide for expansion and contraction as recommended by the manufacturer. 2. All plastic joints shall be solvent-weld joints or slip seal joints. Only the solvent cement recommended by the pipe manufacturer shall be used. All plastic pipe and fittings shall be installed as outlined and instructed by the pipe manufacturer and it shall be the Contractor's responsibility to make arrangements with the pipe manufacturer for any field assistance that may be necessary. The Contractor shall assume full responsibility for the correct installation. 3. Slip seal gasketed joints may be used on all pipe 3" and larger. 4. All plastic to metal joints shall be made with plastic male adaptors. 5. The solvent-weld joints shall be made dry. 6. The solvent-weld joints shall be allowed to set at least 24 hours before pressure is applied to the system on PVC pipe. F. Thrust Blocks 1. Provide concrete thrust blocks for all pipe as required by the schedule on the drawings. 2. All thrust blocks shall bear directly on undisturbed earth. Center pipe in the middle of thrust block. G. Marking Tape 328400 - 12 1. All mainlines shall have “marking tape” installed minimum of 6” above the line during backfilling operations. Markings tape shall be Christy’s 3” wide detectible marking tape model TA-DT-3-BIRR “Caution Irrigation Line Buried Below”, or equal approved in advance. 2. All control wire, direct bury and in conduit, that is installed separate from the mainline shall have “marking tape” installed minimum of 6” above the line during backfilling operations. Markings tape shall be Christy’s 3” wide detectible marking tape model TA- DT-3-RE “Caution Electric Line Buried Below”, or equal approved in advance. 3. All high voltage wire shall have “marking tape” installed minimum of 6” above the line during backfilling operations. Markings tape shall be Christy’s 3” wide detectible marking tape model TA-DT-3-RE “Caution Electric Line Buried Below”, or equal approved in advance. 3.5 INSTALLATION OF EQUIPMENT A. General 1. All fittings, valves, etc. shall be carefully placed in the trenches as shown on the plans. 2. All decoders shall be clearly labeled by station using permanent weatherproof material. All remote control valves shall be clearly labeled using a valve ID tag attached to the valve with a cable zip tie. Station/valve identification shall be clearly marked on the tag. All remote control valves with pressure regulating devices shall be properly adjusted according to the manufacturer’s recommendations to provide the specified pressure. 3. All sprinklers, having adjustable nozzles, shall be adjusted for proper and adequate distribution of the water over the coverage pattern of the sprinkler. 4. All nozzles on stationary pop-up sprinklers or stationary spray heads shall be tightened after installation. All sprinklers having an adjusting screw, adjusting stem or adjusting friction collars shall be adjusted as required for the proper arc of coverage, radius, diameter and/or gallonage discharge. B. Lawn Sprinkler Heads 1. Install lawn sprinkler heads where indicated on the plans and in strict accordance with the manufacturer's recommendations. 2. Along walks and driveways where finished grade is established, set all heads 1/4" below surface of pavement at time of installation and 1-1/2" from pavement. 3. Upon completion of maintenance period, reset all lawn sprinkler heads that have settled flush with grade and firmly anchor with soil. C. Remote Control Valves 1. Install one valve per valve box. 3.6 GROUNDING A. General 1. All grounding hardware shall always be connected and placed at right angles to the run of the two-wire path. 2. Do not run power cables and decoder cable parallel. Plan installation in advance to avoid routing conflicts. If a high voltage cable must be crossed, it shall be crossed at right angles. 328400 - 13 3. Both the controller and the decoders shall be grounded, as specified, and all grounds shall have less than 10 Ohms resistance to ground, as measured with a “megger” type instrument. A “clamp on meter” cannot be used for ground measurement. The electrician shall measure all grounds in the presence of the Owner’s Representative and shall provide written certification that all grounds comply strictly with this specification. 4. If any ground exhibits more that 10 Ohms resistance, additional grounding materials shall be installed until the resistance to ground comes within specifications. 5. Place all ground electrodes in irrigated soil areas. The soil surrounding copper ground electrodes shall be kept at a minimum moisture level of 15% at all times. B. Controller Grounding 1. Ground the ACC2 decoder controller directly to earth ground. Do not ground controller to the 120V power system ground. 2. At the very minimum, the grounding circuit for controllers will include a copper clad steel ground rod, a copper ground plate and 100 pounds of PowerSetÒ earth contact material. 3. The ground plate shall be installed to a minimum depth of 30”, or below the frost line if it is lower than 30”, at a location 15 to 20 feet from the ground rod, electronic equipment and wires and cables. Two 50-pound bags of PowerSetÒ earth contact material shall be spread so that it completely surrounds the copper plate evenly along its length within a 6” wide trench. 4. Install all grounding circuit components in straight lines. When it is necessary to make bends, do not make sharp turns. To prevent the electrode-discharged energy from re- entering the underground wires and cables, all electrodes shall be installed away from wires and cables. The spacing between any two electrodes shall be 15 to 20 feet minimum. 5. Upon completion, the earth-to-ground resistance shall be measured as specified. Continue installing additional grounding materials until the specified earth-to-ground resistance is achieved. C. Decoder Grounding 1. At the very minimum, the grounding circuit for a decoder will include a copper ground plate and 50 pounds of PowerSetÒ earth contact material. 2. The ground plate shall be installed to a minimum depth of 30”, or below the frost line if it is lower than 30”, at location 15 to 20 feet electronic equipment and wires and cables. One 50-pound bag of PowerSetÒ earth contact material shall be spread so that it completely surrounds the copper plate evenly along its length within a 6” wide trench. 3. Install all grounding circuit components in straight lines. When it is necessary to make bends, do not make sharp turns. To prevent the electrode-discharged energy from re- entering the underground wires and cables, all electrodes shall be installed 10 feet away from wires and cables. The spacing between any two electrodes shall be 15 to 20 feet minimum. 4. Upon completion, the earth-to-ground resistance shall be measured as specified. Continue installing additional grounding materials until the specified earth-to-ground resistance is achieved. 5. Earth ground shall be connected at every 12th decoder, or maximum every 1000 ft of wire run, whichever is shorter. The final decoder in any wire path shall also be grounded. This includes the final decoders in each of the different arms of a wire path “T”. Ground wires on intervening decoders are not used. Simply fold them out of the way. 6. One grounded decoder, not used for control purposes, shall be provided on each wire path between the controller and the first decoder. Locate grounded decoder as close to the controller as reasonably practical. 328400 - 14 7. If the 2-wire path is stubbed out for future extension, the ends of all conductors shall be terminated with DBY-6 waterproof connectors. 3.7 PROGRAMMING DECODERS A. Output Decoders 1. The red and blue wires from the decoder are inserted into the programming port on the Decoder Output Module. The controller dial is turned to the Advanced Position, and using the display menus the contents of the decoder are displayed on the screen. 2. Sets the station number for the connected decoder, and possibly other options, and send the settings to the decoder. The decoder is now programmed and shall be labeled with the appropriate station designation on the metallic tag with a ballpoint pen. 3. Each decoder shall be programmed at the controller and labeled first, then installed into the two-wire path. 4. It is possible to reprogram a decoder by repeating the process. 5. To prevent duplicate addresses, all of the decoders shall be programmed first, in numerical order. Do not create duplicate station addresses for decoders. B. Sensor Decoders 1. Each ICD-SEN has a red and a blue wire for connection to the two-wire path, and a bare ground wire, like output decoders. However, each ICD-SEN also has 2 color-coded loops called “Ports”. 2. Flow Sensors can be connected and reported via the two-wire path. 3.8 CONTROLLER PROGRAMMING: A. Contractor shall provide full programming of the controller taking advantage of all features including but not limited to the following. 1. Independent programs as required based on landscape type and eco-zone. 2. Multiple start times per program as required. 3. Real-time flow monitoring on each flow zone. 4. Normally Open master valves 5. Flow Management 6. Monthly flow budgeting 7. Solar sync irrigation run-time adjustments. 8. Coordinate programming with existing programming at controllers A & C. 9. Etc. B. The Contractor shall provide full programming and set up of the control system in stand-alone mode. All features and relevant options shall be programmed and initialized. C. Following successful programming, the Contractor shall coordinate with the Owner to upload the programming from the field satellite to the Owner’s central irrigation control software (Centralis). D. Contactor shall pay for and coordinate all technical support as needed to bring control system on- line and operational for the Owner. 328400 - 15 3.9 TESTING AND INSPECTION A. Closing-in Uninspected Work 1. Do not allow or cause any of the work in this section to be covered up or enclosed until it has been inspected, tested, and approved by the Owner's Representative. 2. Where trenches are not closed at the end of the day Contractor shall accept all liability for any damage or injury that may result from open trenches. Provide barricades and warning tape as necessary around all open trenches. B. Flushing 1. Before backfilling the mainline, and with all control valves in place, but before lateral pipes are connected, completely flush and test the mainline and repair for all leaks. Thoroughly flush out each section of lateral pipe before sprinkler heads are attached. C. Testing 1. Make all necessary provisions for thoroughly bleeding the line of air and debris. 2. Before testing, fill the line with water for a period of at least 24 hours. 3. After valves have been installed, test all live water lines for leaks at a pressure of 100 PSI for a period of two hours, with all couplings exposed and with all pipe sections center loaded. 4. Furnish all necessary testing equipment and personnel. Pressurize with water only, do not use air pressure for testing. 5. Correct all leaks and retest until acceptance by the Owner's Representative. D. Final Inspection 1. Thoroughly clean, adjust, and balance all systems. 2. The Contractor shall operate, maintain and adjust the irrigation system a minimum of 10 calendar days before substantial completion inspection can occur. Observe the system operation and make all adjustments necessary. Present the system at substantial completion fully operational and properly adjusted, as specified. 3. Demonstrate the entire system to the Owner's Representative, proving that all remote control valves are properly balanced, that all heads are properly adjusted for radius and arc of coverage, and that the installed system is workable, clean, and efficient. 3.10 INSTRUCTIONS A. Record Drawings 1. Record accurately on one set of black and white prints of the site plan all installed work including both pressure and non-pressure lines. 2. Upon completion of each increment of work, transfer all such information and dimensions to the print. The dimensions shall be recorded in a legible and workmanlike manner. Maintain as-built drawings on site at all times. 3. All payment requests shall be accompanied by interim record drawings showing all work completed to that date. No payment request will be processed without an acceptable interim record drawing. Finished record drawings must be received and approved by the Architect before final payment will be approved. 328400 - 16 4. Make all notes on drawing in pencil (no ball point pen). When the work has been completed, transfer all information from the field record print to a set of reproducible drawings. 5. Dimension from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement, etc.). Locations shown on as-built drawings shall be kept day to day as the project is being installed. All dimensions noted on drawings shall be 1/8-inch in size (minimum). 6. Show locations and depths of the following items: a. Point of connection b. Routing of sprinkler pressure lines (dimension maximum 200 feet along routing and at all changes in direction) c. Gate valves d. Sprinkler control valves e. Quick coupling valves f. Routing of control and power wires g. Sprinkler heads h. Other related equipment B. Controller Charts 1. Controller charts will be prepared by the Architect based on the Contractor’s as-built drawings. C. Operation and Maintenance Manuals 1. Prepare and deliver to the Architect within ten calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in individually bound copies of the operations and maintenance manual. Prior to binding copies, electronic PDF copies of the manuals are to be provided for review. The approved final electronic copy shall be used to make hard copies. Manuals are to be indexed (thumb- tabbed). The manual shall describe the material installed and shall be in sufficient detail to permit operating personnel to understand, operate and maintain all equipment. Spare parts lists and related manufacturer information shall be included for each equipment item installed. Each complete, bound manual shall include the following information. a. Index sheet stating Contractor's address and telephone number, duration of guarantee period, list of equipment with names and addresses of local manufacturer representatives. b. Product Data: One copy of each Product Data submittal required by Contract Documents. c. Complete operating and maintenance instructions on all major equipment. d. Complete parts lists and tables for all major equipment installed. e. Table showing all measured resistance-to-ground values as measured at all grounding locations. f. Print outs showing initial programming settings. g. Step by step instructions for winterization. h. Step by step instructions for spring start up. 328400 - 17 2. In addition to the above maintenance manuals, provide the maintenance personnel with instructions for system operation and show written evidence to the Owner at the conclusion of the project that this service has been rendered. 3. Digital O & M manuals are preferred. Following approval of the digital O & M manual, Contractor shall provide up to 2 hard copies of the manual. 3.11 ADJUSTMENT AND BREAK IN A. System Operation 1. During and following installation of the irrigation system, the Contractor shall operate the irrigation system as required to establish dryland grass. 2. At completion of the installation, the system shall be operated for a minimum of one week. During this period the irrigation system shall be proofed, adjusted, programmed and thoroughly tested. 3. The substantial completion inspection shall only be performed following completion of this requirement. The Contractor shall continue to operate the irrigation system until the project is substantially complete as determined by the Architect. 3.12 GUARANTEE PERIOD A. Guarantee 1. The entire irrigation and water system shall be guaranteed to give satisfactory service for a period of one year from date of acceptance by the Owner. 2. Should any trouble develop within the time specified above due to inferior or faulty materials or workmanship, the trouble shall be corrected at no expense to the Owner. 3. Any and all damages resulting from faulty materials or workmanship shall be repaired by the Contractor to the satisfaction of the Owner, at no cost to the Owner. B. Guarantee Period Services 1. The Contractor shall winterize the system and perform spring start-up of the system during the initial season of operation. If the project extends beyond one construction season, the Contractor shall provide winterization and spring start-up as required until the system has been awarded substantial completion at which time the guarantee period services will begin and the standard winterization and spring start-up will be provided. These functions shall be coordinated in advance with the Owner, and the Owner’s personnel shall be encouraged to participate. 2. The guarantee period begins following substantial completion. 3. Winterization and spring start-up is the Contractor’s responsibility during construction. 4. Upon re-energizing the system, the Contractor shall repair any leaks or breaks and shall check each head and valve, making any adjustment necessary. END OF SECTION 328400 329205 - 1 DIVISION 32 – EXTERIOR IMPROVEMENTS SECTION 329205 DRYLAND GRASS HYDROSEEDING PART 1 - GENERAL 1.1 DESCRIPTION A. Work in this section consists of furnishing all plant, labor, equipment, and performing all operations to finish grade topsoil, to prepare seedbeds, seed dryland grass by drilling and hydraulic application methods, and maintenance and protection of all hydroseeded areas. B. All exterior dryland lawn areas within the seeding limits, except surfaces occupied by buildings, plant beds, turfgrass, paving, except areas indicated to be undisturbed, shall be seeded as shown on the drawings. 1.2 RELATED WORK DESCRIBED ELSEWHERE: A. Irrigation System - Section 328400 1.3 QUALITY ASSURANCE: A. Qualification of Workmen: 1. Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials being installed and the best methods for their installation and who shall direct all work performed under this section. 1.4 PRODUCT HANDLING A. Protection 1. All seed shall be delivered to the job site in the original bags with tags certifying purity, germination, common and botanical name for each species, and percent weed seed. All tags shall be removed from the bags ONLY by the Owner's Representative. Untagged seed bags shall be rejected. 2. All hydromulch, tackifier and fertilizer shall be delivered to the job site in the original unopened packaging. B. Storage 1. Seed, hydromulch, tackifier and fertilizer shall be kept in dry storage away from contaminants. C. Replacements 329205 - 2 1. In the event of rejection of the seed immediately make all replacements necessary to the approval of the Owner's Representative and at no additional cost to the Owner. D. Notice to Proceed 1. The Contractor shall not proceed with seeding until the irrigation system is operation and the seedbed has been approved by the Owner's Representative. E. Schedules 1. Install seed mixes during the specified time periods. If special conditions exist that may warrant a variance in the specified plant dates or conditions, a written request shall be submitted to the Owner's Representative stating the special conditions and proposed variance. F. Substitutions 1. All requests for substitutions shall be submitted in writing to the Owner's Representative stating the special conditions and proposed variance. Substitution requests must show that the proposed substitute materials and/or methods are in every way equal to or better than the originally specified materials and/or methods. 2. Decision of the Owner’s representative regarding acceptability of proposed substitutions shall be final. 1.5 SUBMITTALS A. Certification: Provide product data on the following materials: 1. Seed mixes 2. Fertilizer: Mix design based on specifications. 3. Gypsum 4. Organic Material: Source and certification as required by this specification. 5. Mulch and tackifier B. Equipment: Provide list of equipment to be used for the following tasks: 1. Spreading of gypsum and organic material. 2. Incorporation of gypsum and organic material into topsoil. PART 2 - MATERIALS 2.1 SEED: A. General 1. All grass seed shall be: a. Free from noxious weed seeds, and recleaned; b. Grade A recent crop seed; c. Treated with appropriate fungicide; d. Delivered to the site in sealed containers with dealer's guaranteed analysis. 329205 - 3 B. Native Grass Mixture % OF MIX BY COMMON NAME WEIGHT 1. Sheep Fescue 33% 2. Hard Fescue 34% 3. Canada Bluegrass 33% a. LawnDry Mix supplied by Circle S Seeds 406-285-3269. b. Seeding Rate: Drill Seed at 40 LBS/ACRE c. Hydroseed at 60 LBS/ACRE C. Cover Crop: 1. Quick Guard (Sterile Triticale Hybrid) a. Seeding rate: 30 LBS/ACRE 2.2 FERTILIZER A. General 1. Fertilizer shall be commercially prepared and shall contain the following percentages by weight: a. 16% Nitrogen b. 16% Phosphoric Acid c. 16% Potash 2. Commercial fertilizer shall be complete, uniform in composition, dry and free-flowing. The fertilizer shall be delivered to the site in the original waterproof containers, each bearing the manufacturer's statement of analysis. 3. Apply fertilizer at label rate for newly seeded areas. B. Special Protection 1. If stored at the site, protect fertilizer from the elements at all times. 2.3 GYPSUM A. General 1. All gypsum to be commercially prepared agricultural gypsum. Gypsum shall be uniform in composition, dry and free-flowing. All gypsum shall be minimum 85% calcium sulfate, maximum 1/8" particle size. The gypsum shall be delivered to the site in the original waterproof containers, each bearing the manufacturer's statement of analysis. B. Special Protection 1. If stored at the site, protect gypsum from the elements at all times. 329205 - 4 2.4 ORGANIC MATERIAL A. All organic material shall be commercially prepared compost. Test results shall be submitted to the Owner’s Representative. The Owner's Representative shall approve all organic material at the source before any organic material is delivered to the job site. B. Approved products 1. ½” minus premium compost supplied by Rocky Mountain Compost, Inc., Billings, MT, 406-245-4817. 2. EKO Original Compost supplied by EKO Compost, Missoula, MT, 800-746-5947. 3. Earth Systems Organic Compost 550 Cedar Hills Road, Whitehall, MT 406-287-3093. 4. Equal approved prior to Bid by Owner’s Representative. Requests for substitutions shall be accompanied by test results by licensed laboratory before use. All costs for testing shall be the responsibility of the Contractor. C. Testing for substitute organic material. All organic material shall be commercially prepared compost. Compost shall be a well decomposed, stable, weed free organic matter source and meet the following parameters. 1. pH 5.5 – 8.5 2. Soluble Salts < 5 dS/m (mmhos/cm) 3. Sodium Absorption Ratio (SAR) < 10 4. Carbon to Nitrogen Ratio < 25:1 5. Moisture Content 25 – 50% (wet weight basis) 6. Organic Matter > 35 %% (dry weight basis) 7. Inert Contaminants < 1% (dry weight basis) 8. Particle Size 100% passing 1/2” screen 9. Free of substances that are toxic to plants. a. Compost test results shall be submitted to the Owner’s Representative. The Owner's Representative shall approve all organic material at the source before any organic material is delivered to the job site. All testing is the responsibility of the Contractor. 2.5 TOPSOIL A. Stockpiled Topsoil 1. The topsoil to be spread shall be the stockpiled topsoil material available on site. All topsoil shall be in an unfrozen and non-muddy condition and must meet the approval of the Owner's Representative. B. MULCH AND TACKIFIER 1. All mulch and tackifier for hydroseeding shall be Mat-Fiber Plus as manufactured by Mat, Inc. 888-477-3028 2.6 WATER A. General 329205 - 5 1. Contractor shall make all arrangements for temporary metering, use, and payment for water with the effected utility. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS: A. Inspection 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. 2. Verify that seeding may be completed in accordance with the original design and the referenced standards. B. Discrepancies 1. In the event of discrepancy, immediately notify the Owner's Representative. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 3. Beginning of installation means acceptance of existing conditions by installer. 3.2 TOPSOIL PLACEMENT A. Compaction Prevention 1. The Use of heavy equipment will not be permitted on the site when soil conditions are wet to prevent compaction of topsoil and subsoil. In the event of wet weather, the Owner's Representative shall determine whether or not the use of heavy equipment will be permitted. Decision of the Owner's Representative shall be final. B. Spreading Topsoil 1. Spread topsoil to a uniform compacted depth of six inches minimum. Topsoil and subgrade shall be in a dry condition before spreading. Topsoil shall be free flowing. Grading tolerance shall be plus or minus 0.1 foot for all spread topsoil. Do not excessively work topsoil. Compaction shall be 80 to 85%, which can be achieved through placing and leveling operations without rolling. 3.3 FERTILIZER AND AMENDMENT INCORPORATION: A. Apply organic material at the rate of 5 tons per acre. Apply an additional 2 tons of gypsum per acre over the topsoil. Incorporate fertilizer, organic material, and gypsum into top 2 to 3 inches of prepared seedbed. 3.4 FINISH GRADING A. Finish Grading 329205 - 6 1. Grade seeded areas to finish grades, filling as needed or removing surplus dirt and floating areas to a smooth uniform grade. All lawn areas shall slope to drain. Where no grades are shown, surfaces shall have a smooth and continual grade between existing or fixed controls (such as walks, curbs, catch basins, elevations at steps or building). Roll, scarify, rake and level as necessary to obtain true even lawn surfaces. Prior to seeding, finish grade of compacted topsoil shall be 1” below all paved surfaces. All finish grades shall meet approval of the Owner's Representative before grass seed is sown. B. Fine Grading 1. Upon completion of finish grading, perform all fine grading required in planting areas, using topsoil obtained from the site. 3.5 SOWING NATIVE GRASS A. Preparation 1. Seed bed preparation shall pertain to the preparation of the surface of the ground to receive the seed. Seedbed preparation shall not commence until the moisture conditions make the ground area and soil friable. 2. The ground shall be hand or machine raked so as to remove all debris, clods, rocks, and other material larger than 1 inch from the surface. Such debris, clods, rocks, and other material so removed shall be disposed of off the immediate property in a legal manner. 3. If there has been a time lapse following the placement of the topsoil to allow it to become settled and compacted on the surface, the area to be seeded shall be thoroughly worked to a depth of 2 inches so as to provide a surface of such condition that it will allow application of the seed in compliance with these Specifications. 4. Seed beds should be permitted to settle or should be firmed by rolling before seedings are made. 5. Thoroughly moisten the seedbed to promote germination of any seeds contained in the topsoil. 6. After weeds have germinated and are growing vigorously, spray with Roundup in strict conformance with manufacturers specifications. Seeding shall be executed 7 days following Roundup application. Do not disturb the sterilized seedbed in any way prior to seeding. B. Sowing 1. Immediately prior to the application of the seed, the soil shall be loose to a depth of at least 1 inch and free from all undesirable material as specified. If soil is too loose or dry for good handling, it should be moistened and rolled lightly. 2. Non-irrigated areas shall be seeded between March 1 and March 31 or between October 15 and October 31. Irrigated areas shall be seeded any time after the irrigation system is operational in the spring and no later than August 31 in the fall. 3. Dryland grass seed shall be sown at the rate indicated under 2.1 B. with 30 pounds per acre of cover crop exercising great care that a uniform distribution of seed is obtained. Seeding shall be done on a still day, using a seed drill. Seeding shall be done in two steps with one- half of the seed for each area being sown in a direction at right angles to the other half. 4. Hydromulch application shall follow seeding as soon as practical, with consideration for minimal soil erosion through washing. All seeded areas shall be mulched before work is terminated on any day. 329205 - 7 5. Areas that are too small or steep for a seed drill shall be seeded by hydraulic methods. a. Seed and mulch shall be applied in separate and distinct operations except that a minimal amount of mulch may be added to the seed slurry as a visual aid during the seeding process. Mulch applied with seed shall not exceed one-pound mulch for each five (5) gallons water. This mulch shall be deducted from the total quantity to be applied. b. The application of the seed slurry shall be made with the equipment having a built- in agitation system and operating capacity sufficient to agitate, suspend and homogeneously mix a slurry containing water, seed, and mulch. The slurry shall be sprayed over the soil in a uniform coat. Wherever practical, the slurry shall be applied normal to the surface being treated to effectively drill the seed into the seedbed. c. Hydromulch application shall follow seeding as soon as practical, with consideration for minimal soil erosion through washing. All seeded areas shall be mulched before work is terminated on any day. C. MULCHING 1. Mulch all drill seeded and hydroseeded areas. 2. Topsoil or seed that washes out for reasons attributable to the Contractor's activities or failure to take proper precautions, shall be replaced at the Contractor's expense. 3. All structures shall be protected from hydraulic application of mulch material. Any material deposited on walks, streets, inlets, or other structures shall be removed by the Contractor, to the satisfaction of the Owners' Representative, at no cost to the Owner. 4. Mulch shall not be applied in the presence of free surface water, but may be applied on damp ground. 5. Mulch shall be mixed with water at a rate of one pound mulch (dry weight) to two gallons of machine water capacity. 6. Mulch shall be applied uniformly as per manufacturer's recommendations at a minimum rate of 2,000 pounds per acre. D. TACKIFIER 1. Mulch tackifier shall be premixed with mulch at a rate of 3% by weight. E. PROTECTION 1. Protect all seeded areas by erecting temporary fences, barriers, signs, etc. as necessary to prevent all traffic. Barriers shall remain in place for at least six (6) weeks unless other arrangements are made with the Owner's Representative. 3.6 MAINTENANCE A. General 1. Maintain all native grass areas until final completion of the job but in no case less than 6 weeks. B. Work Included 1. Maintain protection to preclude any traffic across seeded area. Should any damage occur repair as directed by the Owners' Representative at no cost to the Owner. 2. Remove protection at the end of the maintenance period. 329205 - 8 C. Replacements 1. Any area that fails to produce an adequate stand of grass within the first growing season shall be reseeded by the Contractor at no additional expense to the Owner. Stand adequacy shall be judged by the Owners' Representative, and his opinion shall be final. 2. Replacements required because of vandalism or other causes beyond the control of the Contractor are not part of the Contract. D. Extension of Maintenance Period 1. Continue the maintenance period at no additional cost to the Owner until all previously noted deficiencies have been corrected, at which time the final inspection shall be made. END OF SECTION 329205 329300 - 1 DIVISION 32 – EXTERIOR IMPROVEMENTS SECTION 329300 TREES, SHRUBS AND GROUND COVERS PART 1 - GENERAL 1.1 DESCRIPTION 1. The work of this section consists of furnishing all plants, labor, equipment, and performing all planting of trees, shrubs and groundcovers. 1.2 RELATED WORK DESCRIBED ELSEWHERE A. Irrigation System - Section 328400 B. Dryland Grass Seeding - 329205 C. Edging – Section 329413 1.3 QUALITY ASSURANCE A. Qualification of Workmen 1. Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials being installed, the best methods for their installation, and who shall direct all work performed under this section. B. Coordination of Work 1. All work of this section, and the installation of all irrigation systems and all lawns shall be performed by one Contractor. 1.4 STANDARDS 1. All plants and planting materials shall meet or exceed the Specifications of federal, state, and county laws requiring inspection for plant disease and insect control. Quality and size shall conform with the current edition of American Standards for Nursery Stock, ANSI Z60.1, as adopted by the American Association of Nurserymen, and with the schedule shown on the plans. 2. All plants shall be true to name and one of each bundle or lot shall be tagged with the name and size of the plants in accordance with the standards of practice of the American 329300 - 2 Association of Nurserymen. In all cases, botanical names shall take precedence over common names. 1.5 SUBMITTALS A. Samples 1. Before any mulch is delivered to the job site, submit a 1 cubic foot minimum sample of the proposed mulch to the Architect for approval. B. Materials 1. Before any planting materials are delivered to the job site, submit to the Architect a complete list of all plants and other items proposed to be installed. Include complete data on source, size, and quality. Demonstrate complete conformance with the requirements of this section. 2. This shall in no way be construed as permitting substitution for specific items described in the plans or these Specifications unless the substitution has been approved in advance by the Architect. C. Certificates 1. All certificates required by law shall accompany shipments. Upon delivery of plants, deliver all certificates to the Architect. 1.6 PRODUCT HANDLING A. Delivery and Storage 1. Deliver all items to the site in their original containers with all labels intact and legible at time of inspection. The Architect shall designate a storage or holding area. Upon delivery of plants the Contractor shall protect and maintain the plant materials until they are planted. 2. Immediately remove from the site all plants which are not true to name and all materials which do not comply with the provisions of this section of these specifications. 3. Use all means necessary to protect plant materials before, during and after installation and to protect the installed work and materials of all other trades. 1.7 INSPECTION 1. The Contractor shall inform the Architect prior to starting his planting operation allowing enough time for the Architect to provide inspection of the operation. The Contractor will notify the Architect as each operation is completed and request inspection and approval prior to initiating any additional work. 329300 - 3 PART 2 - MATERIALS 2.1 PLANT MATERIALS A. General 1. Plant materials shall mean trees, shrubs, groundcovers and plants of all descriptions, required to be furnished for the project, in accordance with the plans and specifications. All plant material must be true to name, which shall conform to Standardized Plant Names of the American Joint Committee on Horticultural Nomenclature, and shall be legibly tagged with the name and size of the material according to the general nursery practice as recommended by the American Association of Nurserymen. 2. All plants shall be first class representatives of their normal species or varieties. Unless otherwise specified, plants shall have average or normally developed branch systems and vigorous root systems. Plants shall be free from scale, disfiguring knots, sun scald injuries, abrasions of the bark, or other objectionable blemishes. Weak plants will not be accepted. Plants must show appearance of normal health and vigor in strict accordance with these Specifications. All stock shall be nursery grown. 3. All trees specified as “balled and burlapped” shall be field grown only. 4. All plant material shall comply with state and federal laws with respect to inspection for plant disease and infection. Any inspection certificates required by law shall accompany each shipment, invoice, or order of stock. 5. When planted in masses, plants shall be subject to tests that will eliminate more than twenty (20%) percent variance from uniform size and that will ensure at least fifty (50%) percent conformity to larger rather than smaller sizes (i.e., 8' - 10'). B. Inspection 1. All plant material shall be subject to approval and inspection at any place, before, during and/or after planting. Any plant material not approved by the Architect shall be immediately removed from the site. No plant material shall be accepted with loose or broken balls. 2.2 OTHER MATERIALS A. Guying Materials 1. Stakes shall be 6-foot steel tee posts, 2 per tree. Guys shall be pliable 14 gauge galvanized soft steel wire. Provide 1-1/2” x 18” nylon straps with grommets at both ends around tree trunk. B. Mulch 1. Mulch shall be shredded red wood bark (Gorilla Hair) for all shrub and tree beds and ground bark for all perennial and groundcover areas. Submit samples for approval prior to installation. C. Weed Barrier Fabric 329300 - 4 1. Weed barrier fabric shall be Typar 3301 as manufactured by Reemay, 70 Old Hickory Blvd., Old Hickory, TN 37138 telephone 800-284-2780 or approved equal. 2.3 ORGANIC MATERIAL A. All organic material shall be commercially prepared compost. Test results shall be submitted to the Owner’s Representative. The Owner's Representative shall approve all organic material at the source before any organic material is delivered to the job site. B. Approved products 1. ½” minus premium compost supplied by Rocky Mountain Compost, Inc., Billings, MT, 406-245-4817. 2. EKO Original Compost supplied by EKO Compost, Missoula, MT, 800-746-5947. 3. Earth Systems Organic Compost 550 Cedar Hills Road, Whitehall, MT 406-287-3093. 4. Equal approved prior to Bid by Owner’s Representative. Requests for substitutions shall be accompanied by test results by licensed laboratory before use. All costs for testing shall be the responsibility of the Contractor. C. Testing for substitute organic material. All organic material shall be commercially prepared compost. Compost shall be a well decomposed, stable, weed free organic matter source and meet the following parameters. 1. pH 5.5 – 8.5 2. Soluble Salts < 5 dS/m (mmhos/cm) 3. Sodium Absorption Ratio (SAR) < 10 4. Carbon to Nitrogen Ratio < 25:1 5. Moisture Content 25 – 50% (wet weight basis) 6. Organic Matter > 35 %% (dry weight basis) 7. Inert Contaminants < 1% (dry weight basis) 8. Particle Size 100% passing 1/2” screen 9. Free of substances that are toxic to plants. a. Compost test results shall be submitted to the Owner’s Representative. The Owner's Representative shall approve all organic material at the source before any organic material is delivered to the job site. All testing is the responsibility of the Contractor. 2.4 PLANTING MIXTURE A. Topsoil 1. The topsoil shall be loose, friable, and shall contain an ordinary amount of humus. It shall contain no lumps of soil, rocks larger than 1 inch, or sticks, roots, and other debris. It shall be sufficiently fertile to sustain normal healthy plant growth and shall not have a pH value higher than 7.0 or lower than 5.5. The topsoil shall be placed in an unfrozen and non- muddy condition and must meet the approval of the Architect. B. Preparation 1. Planting backfill used around trees shall be native soil mixed with compost at the rate of five parts soil to one compost. All planting mix shall be blended in batches, not mixed in 329300 - 5 the plant pits. The above mixture is mixed with 15-15-15 commercial slow release fertilizer, at rates as recommended by the manufacturer. The top 6”, minimum, of all tree pits shall be backfilled with approved on-site topsoil. 2. Planting backfill used around shrubs shall be topsoil mixed with compost at the rate of three parts soil to one part compost. All planting mix shall be blended in batches, not mixed in the plant pits. The soil mixture shall be mixed with 15-15-15 commercial slow release fertilizer, at rates as recommended by the manufacturer. 3. Planting mix used at planters in the parking area shall be topsoil mixed with compost at the rate of three parts soil to one part compost. Planting mix shall be mixed in place. In areas where this is not feasible, planting mix shall be blended in batches and placed. The soil mixture shall contain 15-15-15 slow release commercial fertilizer, at rates as recommended by the manufacturer. 2.5 TOPSOIL A. Stockpiled Topsoil 1. The topsoil to be spread shall be the stockpiled topsoil material available on site. All topsoil shall be in an unfrozen and non-muddy condition and must meet the approval of the Owner's Representative. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Inspection 1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. Verify that planting may be completed in accordance with the original design and the referenced standards. B. Discrepancies 1. In the event of discrepancy, immediately notify the Architect. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. 2. Beginning of installation means acceptance of existing conditions by installer. 3.2 TOPSOIL PLACEMENT A. Compaction Prevention 1. The Use of heavy equipment will not be permitted on the site when soil conditions are wet to prevent compaction of topsoil and subsoil. In the event of wet weather, the Owner's Representative shall determine whether or not the use of heavy equipment will be permitted. Decision of the Owner's Representative shall be final. B. Spreading Topsoil 329300 - 6 1. Spread topsoil to a uniform compacted depth of 12 inches minimum at planter areas in parking lot. Remove subgrade material as required to accommodate topsoil. Prior to placing planting mix, scarify the subgrade a minimum of 12” deep. In locations where gravels are encountered, scarify to the surface of the gravels. 2. Topsoil and subgrade shall be in a dry condition before spreading. Topsoil shall be free flowing. Grading tolerance shall be plus or minus 0.1 foot for all spread topsoil. Do not excessively work topsoil. Compaction shall be 80 to 85%, which can be achieved through placing and leveling operations without rolling. 3.3 PLANTING TREES AND SHRUBS A. General 1. Plant nursery stock immediately upon delivery to the site and approval by the Architect except that, if this is not feasible, heal-in all balled material with damp soil and protect from sun and wind. Regularly water all nursery stock in containers, and place them in a cool area protected from sun and drying winds. B. Excavation of Plant Holes 1. Excavation shall be accomplished in such a manner as to provide a 1 inch drop from all pavements to the finished surface of beds. Excavate shrub pits to provide not less than 6 inches of planting mixture beyond the side of the container and at least 6 inches deeper than the container, but in no case shall depth be less than 16 inches below finished grade. Side of excavation shall be substantially vertical and the bottom shall be parallel to finished grade. 2. Tree pits shall be wide and dished, see details. Excessive depth is not acceptable. Depth of pit below finish grade shall be at least 6 inches greater than the depth of the ball. Diameter of pits for all trees shall be at least twice the maximum diameter of the tree ball or root system. C. Planting Operation 1. Trees and shrubs shall be supplied in sizes shown on the Drawings with all plants "Balled and Burlapped" or containerized. Containerized or container grown trees will not be acceptable. During planting operations, the nursery stock shall not be exposed to the sun, drying winds, or winter freezing. Roots of evergreens shall not be exposed to the air. 2. Planting may be executed at any time between March 1 and September 30, provided the ground is not frozen. The Contractor shall take all precautions he deems necessary against desiccation, freezing, or other potential damage to plant materials due to weather conditions existing or that may be expected at the time of planting and during the maintenance and guarantee periods. 3. Roughen the sides of all excavations to break any glazing that may have occurred during excavation. Handle all "Balled and Burlapped" shrubs and trees by the earth ball and not by the top, exercising care not to drop or loosen the ball. Remove all burlap and wire baskets from the tree balls. Before planting, inspect the ball. Prune off any girdling or misformed roots and remove excess soil. Ensure that the root flare is above the soil and the root system is open and ready for backfilling. Set the tree so the root flare will be visible above the finish grade. 329300 - 7 4. The plant hole shall be backfilled with planting mixture as specified, placed in layers around the ball. Each layer shall be carefully tamped in place in a manner to avoid injury to the ball or disturbing the position of the plant. When approximately two-thirds of the plant hole has been backfilled, the hole shall be filled with water and the soil allowed to settle around the roots. After the water has been absorbed, the plant hole shall be filled with planting mix and topsoil and again watered in by flooding. Any settlement shall be brought to grade with topsoil. 5. In the case of planting in the open on hot days, shorten the time between planting and watering. 3.4 STAKING TREES A. Provide two stakes per tree. Stakes shall be driven outside the root ball. The trees should be supported by the guys, but still able to sway slightly. Do not have wire taut. 3.5 PLACING BOULDERS A. General 1. Layout boulders approximately as shown on plans, providing room for installation of plants. Select boulders to compliment one another, and to present a naturalistic appearance and grouping. 2. Handle boulders with care and protect lichens at all times. Boulders with chips, dings, scars, scratches or any other defacements shall be subject to rejection by the Architect at any time. Any boulder rejected shall be immediately removed from the job and replaced by a boulder of similar size and character. 3. Do not cover lichens with dirt or expose to other adverse conditions. Upon completion of setting, carefully rinse away any accumulated dirt from lichens with a gentle water spray. B. Setting Boulders 1. Set all boulders to grade, emulating natural conditions and angles. Raise or lower boulders as needed so that top of native earth line visible on boulders is completely covered by a minimum of 2” mulch. 3.6 MULCHING A. General 1. All beds will be cultivated following the general shape of the basins or beds as indicated on the plans. Install all weed barrier strictly in conformance with manufacturers recommendations and installation procedures. Weed barrier shall be laid on topsoil in all shrub beds following plant installation. Weed barrier shall be completely covered by mulch. Anchor weed barrier with stakes provided placed 4' o.c. around edges and along splices. Lap all splices a minimum 2". No weed barrier is to be placed in beds to receive perennial or annual plants. 329300 - 8 B. Mulching 1. Apply 4" mulch in all tree saucers. Maintain mulch 3” away from the tree trunk. 2. Apply the mulch to a depth of 4", evenly spread over the entire area of each shrub bed. 3. Maintain mulch 3” away from tree trunks and plant stems. 3.7 PRUNING 1. The brushed or broken parts of large or fleshly roots shall be cut off smooth before planting. The tops of deciduous plants shall be pruned either before or immediately after planting by removing one-third to one-half of the top by thinning out and/or heading back the stems and top branches, and shall be done so that the plant retains its natural form. Except when heading back, all cuts shall be made flush with the trunk or branch. Evergreen plants shall not be pruned except to remove dead or broken branches. 2. Trees and shrubs that have been so badly pruned as to spoil their form and usefulness shall be removed and replaced. 3.8 INSPECTION A. Scheduling 1. In addition to the normal progress inspections, schedule and conduct the following formal inspections, giving the Architect at least 48 hours prior notice of readiness for inspection. a. Inspection of plants in containers prior to planting. b. Inspection of plant locations, to verify compliance with the plans. c. Substantial completion inspection after completion of planting. Schedule the substantial completion inspection sufficiently in advance, and in cooperation with the Architect so that final inspection may be conducted within 24 hours after completion of planting. d. Final inspection at the end of the maintenance period, provided that all previous deficiencies have been corrected. 3.9 INSTRUCTIONS A. Record Drawings 1. During the course of the installation, carefully record in red line on a print of the planting plans all changes made to the planting system layout during installation. Deliver to the Architect within ten calendar days prior to completion of construction. B. Operation and Maintenance Manuals 1. Prepare and deliver to the Architect within ten calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in individually bound copies of the operations and maintenance manual. Prior to binding copies, electronic PDF copies of the manuals are to be provided for review. The approved final electronic copy shall be used to make hard 329300 - 9 copies. Manuals are to be indexed (thumb- tabbed). The manual shall describe the material installed. Each complete, bound manual shall include the following information. a. Index sheet stating Contractor's address and telephone number, duration of guarantee period, list of equipment and materials with names and addresses of local manufacturer representatives. b. Product Data: One copy of each Product Data submittal required by Contract Documents. c. Maintenance recommendations for use by the Owner during the guarantee period. 3.10 MAINTENANCE A. General 1. Maintain all planting, starting with the delivery of plant materials and continuing until completion of job. Maintenance shall include all watering, weeding, cultivating, spraying, and pruning necessary to keep the plant materials in a healthy growing condition and to keep the planted areas neat and attractive throughout the maintenance period. Provide all equipment and means for proper application of water. Protect all planted areas against damage, including erosion and trespassing, by providing and maintaining prior safeguards. 2. If any tree, shrub, or plant bed settles more than 1 inch below the established grade, the plant shall be raised to the proper level and not merely covered with additional mulch. B. Replacements 1. At the end of the maintenance period, all plant material shall be in a healthy growing condition. 2. During the maintenance period, should the appearance of any plant indicate weakness and probability of dying, immediately replace the plant with a new and healthy plant of the same type and size without additional cost to the Owner. 3. Continue the maintenance period at no additional cost to the Owner until all previously noted deficiencies have been corrected at which time the final inspection shall be made. When final inspection is made and deficiencies are noted, the maintenance period will continue until such deficiencies are corrected at no additional cost to the Owner. 3.11 GUARANTEE A. Time Frame 1. Guarantee all plant materials to remain healthy and in a vigorous growing condition for a period of 1 year following substantial completion. B. Replacements 1. Include the following remedial actions as a minimum: a. Immediately remove dead plants and replace unless required to plant in the succeeding planting season. 329300 - 10 b. Replace plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period. c. A limit of one replacement of each plant is required except for losses or replacements due to failure to comply with requirements. d. All replacements shall be the same species as originally installed. END OF SECTION 329300 329413 - 1 DIVISION 32 – EXTERIOR IMPROVEMENTS SECTION 329413 EDGING PART 1 - GENERAL 1.1 DESCRIPTION A. The work of this section consists of providing and installing edging for planting beds. 1.2 RELATED WORK DESCRIBED ELSEWHERE: A. Trees, shrubs, and groundcovers - Section 329300 1.3 QUALITY ASSURANCE: 1. For actual installation of edging, use only personnel who are skilled in the work required, familiar with the manufacturer's recommended method of installation, and thoroughly familiar with the requirements of this work. 1.4 SUBMITTALS 1. Submit manufacturers’ product information including standard finishes for selection and approval by the Owner's representative. 2. Submit certificate of manufacturer’s warranty. PART 2 - MATERIALS 2.1 MANUFACTURER 1. All edging shall be 3000 Series, 1/8" x 4" aluminum edging. 2. Approved manufactured: Curv-Rite; Wayland, MI (800) 366-2878. 3. Finish: Mill Finish PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Inspection 329413 - 2 1. Prior to all work of this section, carefully inspect installation work of other trades and verify that such work is complete to the point that installation of edging may properly commence. B. Discrepancies 1. In the event of discrepancy, immediately notify the Owner's Representative. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. 3. Beginning of installation means acceptance of existing conditions by installer. 3.2 INSTALLATION 1. Install all edging where indicated on the Plans, anchoring all edging firmly in place and maintaining smooth curves and straight lines in accordance with manufacturer's recommended installation procedures. 2. Place line stakes approximately 3.2' o.c., and plumb. Edging shall have a minimum of 2 inches of interlocking overlap between sections. Place splicer stakes in a manner so that smooth lines are maintained at all times. Kinked or waving edging, or edging not uniformly graded, shall be rejected, and replaced at no additional cost to the Owner. END OF SECTION 329413 ADDITIONAL FORMS NOTICE OF AWARD Dated: __________________ TO: ____________________________ ADDRESS: ______________________ PROJECT: ______________________ CONTRACT FOR: Bozeman Sports Park Phase 2 You are notified that your Bid opened on_______________, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: Bozeman Sports Park Phase 2 The Contract Price of your Contract is: _________________________ Dollars ($____________). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompanythis Notice of Award. One (1) set of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) week days of the date of this Notice of Award, that is, by _______________. 1. You must deliver to the OWNER Three (3) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ Notice to Proceed Date: Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested] You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: [add other requirements]. Owner Given by: Authorized Signature Title Date Copy to Engineer EJCDC C-550 Notice to Proceed Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Contractor's Application for Payment No. Application Period: Application Date: To (Owner): From (Contractor): Via (Engineer): Project: Contract: Owner's Contract No.: Contractor's Project No.: Engineer's Project No.: Application For Payment Change Order Summary 1. ORIGINAL CONTRACT PRICE............................................................ $ 2. Net change by Change Orders................................................................... $ 3. Current Contract Price (Line 1 ± 2)......................................................... $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate)............................................................. $ 5. RETAINAGE: a. X Work Completed.......... $ b. X Stored Material............ $ c. Total Retainage (Line 5a + Line 5b)................................ $ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c).............................. $ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)......... $ 8. AMOUNT DUE THIS APPLICATION................................................... $ 9. BALANCE TO FINISH, PLUS RETAINAGE (Column G on Progress Estimate + Line 5 above)................................... $ Payment of: $ (Line 8 or other - attach explanation of the other amount) is recommended by: (Engineer) (Date) Payment of: $ (Line 8 or other - attach explanation of the other amount) is approved by: (Owner) (Date) Approved by: Funding Agency (if applicable) (Date) Endorsed by the Construction Specifications Institute. EJCDC C-620 Contractor's Application for Payment © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 4 Approved Change Orders Number Additions Deductions TOTALS NET CHANGE BY CHANGE ORDERS Contractor's Certification The undersigned Contractor certifies that to the best of its knowledge: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. By: Date: Progress Estimate Contractor's Application For (contract): Application Number: Application Period: Application Date: A B Work Completed E F G Item Scheduled Value C D Materials Presently Stored (not in C or D) Total Completed and Stored to Date (C + D + E) % (F) B Balance to Finish (B - F) Specification Section No. Description From Previous Application (C+D) This Period Totals EJCDC C-620 Contractor's Application for Payment © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 4 Progress Estimate Contractor's Application For (contract): Application Number: Application Period: Application Date: A B C D E F Item Bid Quantity Unit Price Bid Value Estimated Quantity Installed Value Materials Presently Stored (not in C) Total Completed and Stored to Date (D + E) % (F) B Balance to Finish (B - F) Bid Item No. Description Totals EJCDC C-620 Contractor's Application for Payment © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 4 Stored Material Summary Contractor's Application For (contract): Application Number: Application Period: Application Date: A B C D E F G Invoice No. Shop Drawing Transmittal No. Materials Description Stored Previously Stored this Month Incorporated in Work Materials Remaining in Storage ($) (D + E - F) Date (Month/Year) Amount ($) Amount ($) Subtotal Date (Month/Year) Amount ($) Totals EJCDC C-620 Contractor's Application for Payment © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 4 TOTAL CERTIFICATION THATGOODS OR SERVICES HAVE BEEN RECEIVED: CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230 Bozeman, MT 59771-1230 (406) 582-2334 WARRANT # PAY TO: DATE PAID: WARRANT TOTAL $ VENDOR # DATE INVOICE # FUND ACCOUNT OBJECT PROJECT DESCRIPTION AMNT 1. 2. DEPARTMENT HEAD OF DESIGNEE APPROVAL: FINANCE DEPARTMENT REVIEW: I, the undersigned, do solemnly swear, that I am of . OFFICIAL TITLE COMPANY OR CORPORATION I am authorized to sign for said claimant, and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here: Phone SS# or Tax ID # Business License # . THE CITY OF BOZEMAN MUST HAVE YOUR SS# OR TAX ID# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. Work Change Directive No. Date of Issuance: Effective Date: Project: Owner: Owner's Contract No.: Contract: Date of Contract: Contractor: Engineer's Project No.: Contractor is directed to proceed promptly with the following change(s): Attachments (list documents supporting change): Purpose for Work Change Directive: Authorization for Work described herein to proceed on the basis of Cost of the Work due to: Nonagreement on pricing of proposed change. Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price $ (increase/decrease) Contract Time (increase/decrease) days Recommended for Approval by Engineer: Date Authorized for Owner by: Date Received for Contractor by: Date Received by Funding Agency (if applicable): Date: EJCDC C-940 Work Change Directive Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Item No. Description 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) 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 1 of 2 CHANGE IN CONTRACT PRICE: Original Contract Price $ Net Increase (Decrease) from previous Change Orders No. to : $ Contract Price prior to this Change Order: $ Net increase (decrease) of this Change Order: $ Contract Price with all approved Change Orders: $ CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. to No. : Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. Page 2 of 2 Certificate of Substantial Completion Project: Owner: Owner's Contract No.: Contract: Engineer's Project No.: This [tentative] [definitive] Certificate of Substantial Completion applies to: All Work under the Contract Documents: The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date EJCDC C-625 Certificate of Substantial Completion Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2