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Home My WebLink About2007 Water Renovations Project I I I I I I I I I I I I I I I I I I I CONSTRUCTION SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CITY OF BOZEMAN 2007 WATER RENOVATIONS PROJECT J\1ARCH 2007 Prepared By: City of Bozeman Engineering Division 20 East Olive Street P.O. Box 1230 Bozeman, MT 59771 Ph. (406) 582-2280 Fax (406) 582-2263 ~~\\I,"\Ullll"",""11. ....~'t>\h9.!:tI1(V.:;I/II/~h~ ~.p- /,.., RdI:1"tJ v<< > l /~ " .- J} l (.....J '\. % 41'"' i1 ~IRfF' ;,~l~": \ ~.: - 0".,) . ,*,: \ 1~ ! 'f ~ ~ ~ ."., ., .0.-,. ~J~~.~. ~ ".~lJ.tJ.~;: ?:: :X\,. 'k>...,~r"0 .,' '-"J;# ~ ~'~ <'u,~-t:i ~I' ~ t::r";';::'~'~~" ~~,; .~ ~;;~~;Sj~~~~"i1t1 ~,. ~~:::..;.:r~i\~...f '11111 "'~'JP, t 0.-, \\\\\~ /1/1/111I111111111\\\\\'\\ I I I I I I I I I I I I I I I I I I I THE CITY OF BOZEMAN 20 E. OLIVE. P.O. BOX 1230 BOZEMAN. MONTANA 59771-1230 ENGINEERING DEPARTMENT PHONE: (406) 582-2280 . FAX: (406) 582.2263 2007 WATER RENOVATIONS CITY OF BOZEMAN BID OPENING: APRIL 17,2007,2:00 P.M. ADDENDUM No.1 APRIL 9, 2007 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Special Provisions 11. Scheduling. Add the following: The Contractor shall schedule the work to give priority to completing work in Main Street. Special Provisions 33. Temporary water systems - general. Add the following to the end of the first paragraph (page 12): In lieu of providing temporary service for fire protection, the Contractor may provide a fire watch in each building for all times that the fire service is inactive and the building is unoccupied. The person doing the fire watch shall have no other duties during the time they are on fire watch duty. Temporary water service to fire systems shall be sized as necessary to meet the demands of the building sprinkler system. Special Provisions 36. Flowable (nonshrink) backfill: on page 16, strike the last sentence: "Measurement and payment for both types of f10wable fill shall be as specified in MPWSS Section 02225." Flowable fill shall be considered an incidental work item with no separate measurement and payment. Special Provisions 32. Chlorination and testing. Add the following requirement: If the "tablet" method of chlorination is used, only the granule form of calcium hypochlorite shall be used. Plan Sheet 0-2: Note that the City Water Department will have additional mainline valves installed prior to work beginning on this project at the following locations: Beall and Black, south leg; Beall and Bozeman, south leg; and Church and Curtiss, north leg. ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum NO.1 on the Bid Form to validate their bid. Robert Murray, P.E. City Project Engineer HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK I I I I I I I I I I I I I I I I I I I 2007 Water Renovations - Citv of Bozeman Discussion notes from prepbid meeting held 4/5/07, 10:00 am Attendees: Charles Busta, NorthWestern Energy Kirk Scheel, Dick Anderson Construction Cliff Wrobetz, Williams Civil Division Bryan Petersen, Williams Civil Division Matt Workman, City Water Pat Simon, City Water John Alston, City Water John May, COP Construction Bob Murray, City Engineering Brian Heaston, City Engineering Tom Hudson, City Engineering Andy Kerr, City Engineering Discussion began with utility concerns and comments. Charles Busta indicated that NorthWestern Energy will have an inspector on-site when work is being done near gas lines. He noted that they will be giving special attention to the condition of the gas lines located near the connection point in Main Street for the new water line in Cypress and will replace couplers if necessary. If gas line repair work results in additional traffic control costs, NorthWestern Energy will reimburse the contractor. He cautioned bidders to be aware of the many overhead powerlines in the work areas. If necessary, NorthWestern Energy will provide pole support for the utility pole at the northwest corner of Olive and Church that is close to a water line reconnection. Bidders were advised of an upcoming MDT project on Main Street that will be upgrading traffic signals and sidewalk ramps followed by a mill and overlay of the pavement, which may require coordination between the Water Renovations contractor and MDT's contractor. It was noted that there will be no separate measurement and payment for flowable fill. A conflict in the Contract Documents regarding this will be resolved with an addendum. If a Stormwater Permit is necessary, it will be the contractor's responsibility to obtain one. The allowed working hours are as noted in the Special Provisions (7:00 am to 7:00 pm, Monday through Friday). Saturday work would be allowed if necessary. No Water Department fees for inspections or water will be charged for this project. I I I I I I I I I I I I I I I I I I I The Wage Rates in the Contract documents dated effective March 10,2006 are the current Montana Wage Rates. Pavement restoration is based on a lineal foot measurement along the pipe, be it mainline pipe, service pipe, or hydrant lead pipe. Measurement for pavement restoration for service line or hydrant lead installations shall begin at the edge of the mainline trench. It was noted that with the exception of Cypress, all joints shall be restrained. The "Field Lok" type push-on joint restraint would meet the requirements for restraining push-on joints. The dimension of gravity blocks may vary from the detail, provided that the same cubic volume of concrete is placed and adequate embedment of the anchors is achieved. Requirements for temporary service to fire sprinkler systems will be clarified in an addendum. Looping of temporary water systems will not be required. Licensed plumbers are not necessary to install the temporary water system. Bidders were advised that the Water Department will have additional mainline valves installed at certain areas prior to beginning construction on this project so that shut down areas can be better confined. New valves are to be installed at the south leg of Beall and Black, the south leg of Beall and Bozeman, and the north leg of Church and Curtiss. I I I I I I I I I I I I I I I I I I I THE CITY OF BOZEMAN 20 E. OLIVE. P.O. BOX 1230 BOZEMAN, MONTANA 59771.1230 ENGINEERING DEPARTMENT PHONE, (406) 582-2280 . FAX: (406) 582.2263 2007 WATER RENOVATIONS CITY OF BOZEMAN BID OPENING: APRIL 17,2007,2:00 P.M. ADDENDUM No.2 APRIL 10, 2007 TO: All Planholders of Record Please note the following modifications to the above referenced bid documents: Add the following Special Provision: 37. USE OF REMOVED ASPHALT PAVEMENT Asphalt concrete pavement removed during trenching operations may be used as backfill material in areas with Type A backfill if mechanically processed to 4" minus size with a cold planer, rotomill, reclaimer or similar equipment and mixed at no more than a 50/50 ratio with other backfill material. Asphalt concrete pavement removed during trenching operations may be used as pavement base course material if mechanically processed with a cold planer, rotomill, reclaimer or similar equipment to meet the gradation requirements of the base course and mixed at no more than a 50/50 ratio with other base course material. ACKNOWLEDGEMENT Bidder shall acknowledge receipt and acceptance of this Addendum NO.2 on the Bid Form to validate their bid. Robert Murray, P.E. City Project Engineer HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK I I I I I I I I I I I I I I I I I I I CITY OF BOZEMAN, MONTANA 2007 WATER RENOVATIONS PROJECT MARCH, 2007 TABLE OF CONTENTS CONTRACT DOCUMENTS Invitation to Bid Instructions to Bidders Bid Form Bid Bond Agreement Form Payment and Performance Bonds Standard General Conditions of the Construction Contact Supplementary Conditions Montana Prevailing Wage Rates Standard Forms CONSTRUCTION SPECIFICA nONS Special Provisions Measurement and Payment APPENIX A Standard Drawings I I I I I I I I I I I I I I I I I I I SECTION 00100 INVITATION TO BID Separate sealed bids for construction of City of Bozeman 2007 Water Renovations Project will be received by the City Clerk at the office of City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230 until 2:00 P.M., local time, April 17, 2007 and then publicly opened and read aloud. The work involves replacement of existing mains with the installation of approximately 4678 LF of 8" ductile iron water main and appurtenances. The work areas are generally describe as: Tracy - Main to Lamme, Black - Main to Lamme, Bozeman - Main to Lamme, Babcock - Rouse to Wallace, Church - Olive to Main, and Cypress - Babcock to Main. The Contract Documents may be examined or obtained at the office of the City of Bozeman Engineering Department, 20 East Olive Street, Bozeman, Montana 59771-1230, 406-582-2280, in accordance with Article 2.01 of Instruction to Bidders. Required deposit is $50.00 per set, which is not refundable. There will be a Pre-Bid Conference at the office of the City of Bozeman Engineering Department at 10:00 A.M. on April 5, 2007. Interested CONTRACTORS are encouraged to attend. CONTRACTOR and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. CONTRACTOR is not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of Gallatin County and the state of Montana. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) ofthat insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of bids, which is at 2:00 P.M. local time, April 17, 2007. Section 00100 INVITATION TO BID Page 1 of2 I I I I I I I I I I I I I I I I I I I The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the OWNER. The Contractor is required to be an Equal Opportunity Employer. Published Bozeman, Montana, this 25th day of March, I st and 8th day of April, 2007. Brit Fontenot City Clerk. City of Bozeman Address: City HalL 411 East Main 8t. Bozeman. MT 59771-1230 Section 00100 INVITATION TO BID Page 2 of2 I I I I I I I I I I I I I I I I I I I INSTRUCTIONS TO BIDDERS BIDS All Bids must be made on the forms provided in this bound copy ofthe Contract 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 Bids or in the printed forms. Each Bid shall be enclosed in a sealed envelope addressed to the Clerk of the Commission, City Hall, 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771-1230, and endorsed on the outside of the envelope with the words: 2007 WATER RENOVATIONS PROJECT, CITY OF BOZEMAN. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. BID GUARANTEE No Bids will be considered unless accompanied by a Bid guarantee, in the amount stipulated in the Invitation To Bid, made unconditionally payable to the Owner, which may be either a Cashier's Check or a Certified Check drawn on an acceptable bank. A Bidder's Bond issued by a surety company authorized to do business in the State of Montana will also be acceptable. SIGNATURE OF BIDDERS Each Bid must be signed in ink by the Bidder with his full name and with his business address or place of residence. In case of a firm or partnership, the name and residence of each member must be inserted. In case the Bid is submitted by, or on behalf of, a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the corporation, and who shall also affix the corporate seal of such corporation. The Bid of a corporation which is signed by a person other than a corporate officer must be accompanied by a Power of Attorney showing that person's authority. ONL Y ONE PROPOSAL No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. RESPONSIBILITIES OF AGENT Any person signing a Bid as the agent of another, or of others, may be required to submit satisfactory evidence of this authority to do so. The title ofthe person(s) executing the Bid or Agreement shall be clearly indicated beneath his signature. QUALIFICATIONS OF BIDDERS Bidders may be required to submit satisfactory evidence that they have a practical knowledge ofthe particular work bid upon, and that they have the necessary financial resources to complete the proposed work. In determining the lowest responsible bid, the following elements will be considered: whether the Bidder involved (a) maintains a permanent place of business; (b) has adequate plant and equipment to do the work properly and expeditiously; (c) has a suitable financial status to meet obligations incident to 1 INSTRUCTIONS TO BIDDERS I I I I I I I I I I I I I I I I I I I the work; and (d) has appropriate technical experience. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance his contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. CONTRACT DOCUMENTS It is intended that the Montana Public Works Standard Specification, 5th Edition (MPWSS), published March 2003, shall be used to govern the contractual and performance aspects of this project, and is hereby incorporated as part of these CONTRACT DOCUMENTS, as modified by the City of Bozeman Modifications to Montana Public Works Standard Specifications (COB MODS), dated March 2004, including Addenda No.1 and 2, which is also hereby incorporated as part of these contract documents, and as further modified herein by the City of Bozeman. All standard forms of MPWSS shall be utilized in executing these CONTRACT DOCUMENTS unless otherwise noted or revised in the bound bid document. Selected sections ofthe MPWSS have been reprinted in this document to provide a clear definition of the project and detail modifications to the MPWSS made by the City of Bozeman, in order to assist the Contractor in preparation of his Bids. The complete CONTRACT DOCUMENTS which comprise this entire document, and are made a part hereof, consist of the following: Invitation to Bid............................ Bound Herein Instructions to Bidders.................. Bound Herein Bid Form...................................... Bound Herein Bid Bond...................................... Bound Herein Agreement Form.......................... .Bound Herein Payment Bond............................. .MPWSS/Bound Herein Performance Bond............ ....... .....MPWSS/Bound Herein Standard General Conditions........MPWSS Supplementary Conditions............MPWSS/Bound Herein Miscellaneous Forms Notice of Award..................Bound Herein Notice To Proceed............. MPWSS/Bound Herein Field Order... . . . . . . . . . . . . . . . .MPWSS/Bound Herein Change Order.....................MPWSS/Bound Herein Work Directive Change.......MPWSS/Bound Herein Application For Payment (Guidance Only)............... Bound Herein Certificate of Substantial Completion...................... ..MPWSS/Bound Herein Order to Contractor to 2 INSTRUCTIONS TO BIDDERS I I I I I I I I I I I I I I I I I I I Suspend Work............ ...Bound Herein Order to Contractor to Suspend Work........... . Bound Herein Contractors Certificate And Release............ ...Bound Herein Lien Waiver for Prime Contractor. . . . . . . . . . . . . . . .Bound Herein Lien Waiver for S ubcontractor/S upplier. . . Bound Herein Wage Rates...................................Bound Herein Special Provisions...... ................. ...Bound Herein Technical Specification...................MPWSS & COB MODS Appendix A--Standard Drawings......... MPWSS/Bound Herein Appendix B--Maps and Plan Sheets...... Bound Herein EXAMINA nON OF CONTRACT DOCUMENTS AND SITE Before submitting a bid, each Bidder must (a) examine the Contract Documents thoroughly (b) visit the site to familiarize himself with location conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. Any Bidder may, upon request, examine those reports of investigations and tests of subsurface and latent physical conditions at the site (if any) which have been relied upon in preparing the drawings and specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. Any administrative requirements and associated costs of such investigations are the responsibility of the Bidder. The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the specifications or on the drawings. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement ofthis section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. 3 INSTRUCTIONS TO BIDDERS I I I I I I I I I I I I I I I I I I I Where logs of test borings are included in the contract plans, it is agreed that such logs do not constitute a part ofthe contract and are included only for the convenience of the bidder or Contractor and do not relieve him of his duties under this section or of any other responsibility under the contract. No information derived from any inspection of records of investigation or compilation thereof made by the Owner will in any way relieve the bidder or Contractor from properly performing his obligations under the contract. UNDERGROUND UTILITIES The location of underground utilities as shown on the drawings is approximate and the Owner assumes no responsibility for determining the exact location. The Contractor shall note the reference to utility lines and service lines for various utilities as noted on the drawings and that the approximate location mayor may not be given. The Contractor shall make written inquiry of the related utility agency to determine the location of underground utilities in the project area. INTERPRETATION OF CONTRACT DOCUMENTS If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed Contract Documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation ofthe proposed documents will be made only by an addendum duly issued and a copy of any such addendum will be mailed or delivered to each person receiving a set of such documents. TIME OF COMPLETION The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. The number of days within which, or the dates by which, the Work is to be Substantially Completed are set forth in the Bid Form and the Agreement Form. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Agreement Form. ADDENDA Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. PROPOSAL The bidder shall submit his proposal on the forms bound in these Contract Documents. Neither the proposal nor any other pages bound herein or attached hereto shall be detached. Proposals shall be in a sealed envelope and addressed to: City Clerk City Hall 411 E. Main Street P.O. Box 1230 Bozeman, MT 59771-1230 4 INSTRUCTIONS TO BIDDERS I I I I I I I I I I I I I I I I I I I The envelope shall also contain the following information: Name of Project: 2007 WATER RENOVATIONS PROJECT. City of Bozeman Name of Contractor: Montana Certificate of Contractor Registration No. Acknowledge Receipt of Addendum No.:_,_,_,_. In the lower left hand comer of the envelope print or type: BID DOCUMENTS - DO NOT OPEN UNTIL 2:00 P.M. April 7, 2007. Proposals shall be made in accordance with the following instructions: A. Submit one copy of the complete bound document in an opaque sealed envelope. DO NOT REMOVE THE PROPOSAL OR ANY OTHER PAGES FROM THE BOUND CONTRACT DOCUMENT. B. Bids shall be made in ink upon the unaltered Bid Proposal Form supplied with these documents. C. All blank spaces must be properly filled. D. The total bid price must be stated in both writing and in figures. In case of a discrepancy between unit price and total bid price, the unit prices or lump sum prices shall be used in computing the total bid price. E. The proposal form shall contain no additions, conditions, stipulations, erasures, or other irregularities. F. The proposal must acknowledge receipt of all addenda issued. G. The proposal must be signed in ink and display the bidder's name, address, and current Montana Contractor's License Number. SIGNING OF BIDS Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. 5 INSTRUCTIONS TO BIDDERS I I I I I I I I I I I I I I I I I I I Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in- fact. If signed by an attorney-in-fact, there shall be attached to the bid a power of attorney evidencing authority to sign the bid. Bids which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting and the signature of the president or other authorized officer of the corporation shall be manually written below the written or typewritten corporate name following the work: By: Corporate Seal Title: If bids are signed for any other legal entity, the authority of the person signing for such legal entity should be attached to the bid. TELEGRAPHIC MODIFICATION Any bidder may modifY his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids. The telegraphic communication shall not reveal the bid price, but shall only provide the addition or subtraction from the original proposal. Telegraphic proposal modifications must be verified by letter. This written confirmation shall be received no later than three working days following the bid opening or no consideration will be given to the telegraphic modification. BID REQUIREMENTS The bidder is expected to base his bid on materials and equipment complying fully with the plans and specifications and, in the event he names in his bid materials or equipment which do not conform, he will be responsible for furnishing materials and equipment which fully conform at no charge in his bid price. Before submitting a proposal, each Contractor should read the complete Contract Documents (including all addenda), specifications and plans, including all related documents containing herein, all of which contain provisions applicable not only to the successful bidder, but also to his subcontractors. BID QUANTITIES Bidders must satisfY themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are 6 INSTRUCTIONS TO BIDDERS I I I I I I I I I I I I I I I I I I I approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. WITHDRA W AL OF BID No Bidder may withdraw his Bid after the date and hour set for the opening declared herein. A Bidder may withdraw his proposal by a written request of the Bidder at any time prior to the expiration of the period during which Bid may be submitted, which request must be signed in the same manner and by the same person or persons who signed the Bid. ACCEPTANCE AND REJECTION OF THE BIDS The Owner reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the Owner. The Owner reserves the right to waive irregularities in any Bid submitted, or reject nonconforming, non-responsive or conditional Bids and to correct arithmetical errors in the Bid prior to comparison. SUBCONTRACTORS Within seven days after Bids are opened, the apparent low Bidder, and any other Bidder so requested, shall submit a list of all Subcontractors he expects to use in the work. An experience statement with pertinent information as to similar projects and other evidence of qualification shall be furnished for each named subcontractor, ifrequested by the Owner. If the Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, they may, before giving the Notice of Award, request the apparent low Bidder to submit an acceptable substitute. If the substitution results in an increase in the Bid, a corresponding adjustment will be made in the contract price. If the apparent low Bidder declines to make any such substitution, the contract may not be awarded to such Bidder, but Bidder's refusal to substitution will not constitute grounds for forfeiture of Bid Security. Any subcontractor so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the Owner and Engineer. Contractor shall not be required to employ any subcontractor against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by Owner prior to the Notice of A ward will be required in the performance of the work. 7 INSTRUCTIONS TO BIDDERS I I I I I I I I I I I I I I I I I I I A WARD OF CONTRACT OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER. The OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternatives, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions ofthe Work for which the identity of Subcontractors, Suppliers, or other individuals or entities must be submitted as provided in the Supplementary Conditions. OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. Ifthe Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions ofthe Contract Documents, Bid price, and other appropriate factors. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty (60) days after the day ofthe bid opening. The OWNER reserves the right to cancel the award of any contract at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. If, at any time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. CANCELLATION OF A WARD The Owner reserves the right to cancel the award of any contract at any time before the complete execution of the Agreement by all parties without any liability against the Owner. RETURN OF BID GUARANTEE All Bid guarantees, except those of the three lowest Bidders, will be returned immediately following the opening and checking of the Bids. The Bid guarantees of the unsuccessful of the three lowest Bidders will be returned within ten (10) days following the award of the 8 INSTRUCTIONS TO BIDDERS I I I I I I I I I I I I I I I I I I I contract. The Bid guarantee of the Bidder to whom the contract is awarded will be returned when said Bidder has executed an Agreement and filed satisfactory Performance and Payment Bonds as hereinafter stipulated. PERFORMANCE AND PAYMENT BONDS The Contractor to whom the contract is awarded will be required to furnish a Performance Bond and a Payment Bond in favor ofthe Owner each in an amount equal to one-hundred percent (100%) of the Agreement amount. The Bonds shall be executed on the forms bound herein, signed by a surety company authorized to do business in the State of Montana, and acceptable as a surety to the Owner and countersigned by a Montana Resident Agent. With the Bonds, there shall be filed with the Owner one copy of Power of Attorney certified to include the date of the Bond. EXECUTION AND APPROV AL OF AGREEMENT The Agreement shall be signed by the successful Bidder and returned, together with the contract Bonds, within the time shown on the Bid. If the Agreement is not executed by the Owner within fifteen (15) days following receipt from the Bidder of the signed Agreements and Bonds, the Bidder shall have the right to withdraw his Bid without penalty. No Agreement shall be considered as effective until it has been fully executed by all of the parties thereto. F AlLURE TO EXECUTE AGREEMENT Failure to execute the Agreement and furnish a Performance Bond and Payment Bond shall be just cause for annulment of the award. In the event of such annulment of the award, the Bid guarantee shall be forfeited to the Owner, not as a penalty but as liquidation of damages sustained. A ward may then be made to the next lowest responsible and qualified Bidder, or the work may be re-advertised as the Owner may decide. BOUND COpy OF CONTRACT DOCUMENTS None of the Instructions to Bidders, Bid Form, Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of Contract Documents prior to submission of Bid. PAYMENTS Payment for all work performed under this Agreement will be made by the Owner within the time period specified in and in accordance with the procedures outlined in the General Conditions. Notice of Extended Payment Provision: This contract allows the owner to make payment within 14 days after approval ofthe payments. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. PREY AILING WAGE RATES On all projects and contracts with the Owner, Contractor and all subcontractors shall pay for all labor employed the standard prevailing rate of wages. The standard 9 INSTRUCTIONS TO BIDDERS I I I I I I I I I I I I I I I I I I I prevailing rate of wages as used herein means that standard prevailing rate of wages in the locality where the work is to be performed as determined by the Montana Commissioner of Labor pursuant to MCA 18- 2-402 and as bound herein. The Contractor and subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this area. POSTING Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wages to be paid to the employees. LOCAL LABOR Contractor shall give preference to the employment of Montana residents in accordance with applicable portions of Title 18, Chapter 2, Part 4, MCA. MONTANA CONTRACTOR REGISTRATION REQUIREMENTS Contractor and any of the contractor's subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Information pertaining to the Montana Contractor Registration requirements may be obtained from the Montana State Department of Revenue, Helena, Montana. (1-800-556-6694) ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX) In accordance with Title 15, Chapter 50, MCA, the Owner shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1 %) of all payments due the Contractor and shall transmit such moneys to the Montana Department of Revenue. BIDDER PREFERENCE In accordance with the provisions of Title 18, Chapter 1, Part 1, MCA, a preference ofthree percent (3%) will be given to the lowest responsible Bidder who is a resident of the State of Montana over a nonresident Bidder. This preference applied unless specifically prohibited by Federal laws or regulations. Products manufactured or produced in the State of Montana shall be preferred for use in all projects if such products are comparable in price and quality. Further, wherever possible, products manufactured and produced in the State which are suitable substitutes for products manufactured or produced outside the State and comparable in price, quality and performance shall be preferred for use in this project. Preference regarding these products shall be in accordance with the laws of the State of Montana. 10 INSTRUCTIONS TO BIDDERS I I NOTICE OF AWARD Dated: ~.,/ ~7 I TO: Big Chief Construction, Inc. ADDRESS: P.O. Box 80431 PROJECT: Billings, MT 59108 CONTRACT FOR: 2007 Water Renovations Project I I You are notified that your Bid opened on April 17, 2007, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: 2007 Water Renovations Project. The Contract Price of your Contract is: Nine Hundred Fifty Five Thousand Thirty Six Dollars ($ 955.036.00). I I Five (5) copies of each of the proposed Contract Documents ( except Drawings) accompany this Notice of A ward. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. I You must comply with the following conditions precedent within fifteen (15) days ofthe date ofthis Notice of Award, that is, by Mr z.~ 1/J01. 1. You must deliver to the OWNER Five (5) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. I 3. 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). 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). I 2. I I I 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. I 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. I CITY OF BOZEMAN, MONTANA ATTEST: I BY: ~~~ (CITY MANAGER) BY: ~aMc; ITV c;:- ~ K) ; _ :c.c__ I DATE: f'-{(-Ot I I I I I I I I I I I I I I I I I I I I I BID FORM 2007 WATER RENOV A nONS CITY OF BOZEMAN BOZEMAN, MONTANA 59771 TO: City Clerk P.O. Box 1230 Bozeman, Montana 59771-1230 THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site(s) where the work is to be performed, local labor conditions and all laws, regulations, municipal ordinances and other factors which may affect the performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the work: HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form attached, to perform all work for the construction of the 2007 WATER RENOV A TIONS, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion ofthe 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 90 calendar days. Where multiple schedules are awarded under a single Contract, the contract times shall run concurrently unless separate notices to proceed are issued for the awarded schedules. Liquidated Damages shall be as specified in Article 2.2 of the Agreement Form. The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are checked and corrections made, if any, the total amount of the Bid as corrected shall be used in awarding the contract. 1 BID FORM I I I I I I I I I I I I I I I I I I I The undersigned Bidder agrees that he has been afforded access to the construction site and has performed those independent site investigations as he deemed necessary. The undersigned Bidder hereby certifies the following: A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; B) That he has not directly or indirectly solicited any other Bidder to put in a false or sham Bid; C) That he has not solicited or induced any person, firm, or corporation to refrain from bidding; D) That he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. E) That he is not currently operating beyond the contract time on any previously awarded public works contract as defined and required by Article 15-50-203, MCA, as amended. The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed. 2 BID FORM I I I I I I I I I I I I I I I I I I I BIDDER agrees to perfonn all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sums: BID SCHEDULE Estimated Total Estimated Item Description Unit Unit Price Quantity Price 101 Taxes, Bonds, Insurance L.S. 4~ ccfJ. 00 1 4'l.tX6. "" 102 Mobilization L.S. 73.000. ~.. 1 73 ()()(). .... 103 Connection to existinq main -. Z Ode!. _.717 '16 a::tl j<l Each 2. 000..... 23 104 4" MJ qate valve Each J. 000. ~ 7 7 CX)tJ. 00 105 6" MJ qate valve Each I 300 ". 9 1/ 700. Clot 106 8" MJ qate valve Each I ,oo."~ 19 .~ i/0tJ.-' 107 8x6 MJ increaser Each ./ .C;oo. ClO 19 q S"6'I .:).. 108 8x10 MJ increaser Each '00."" 1 'ca. ()4 109 8x4x8 MJ tee Each ~UJ.~ 7 'I '3f!O. "" 110 8x6x8 MJ tee Each , 'It). Q. 9 5:7'0. co:) 111 8x8x8 MJ tee Each "0."" 5 3 ~o" 0.:) 112 8" cross Each 'g'30. dQ 3 Z L(90. ()/l 113 6" tappinq tee with valve Each ., 100. t>> 3 9 ;3'00. ()d 114 8" tappinq tee with valve Each =r 700. (td 2 7 tfoo. QO 115 11.25 deq. 8" MJ bend Each 575". Q. 9 S /7:'i tJQ 116 22.5 deq. 8" MJ bend Each ."s:?0. ~ 2 _I, IhtJ. (jQ 117 45 deq. 8" MJ bend Each S80 . ".. 18 /0 '{'to. (.tJ ~.~~ 118 90 dea. 8" MJ bend Each S7a. Q' 3 I "'1 '1/J - 119 8" ductile iron pipe L.F. 57. ". 4678 Z.~? ,~,. .,.. 120 Service reconnection w/in trench limits Each 32 , 2" diameter and smaller 900. '" or<lOO.QO I 121 Service reconnection w/in trench limits Each 9so.c:>d 6 5;700. (JO 4" diameter and larqer Service reconnection outside trench 122 limits L.F. ,5. ()() 173 I Z. y75'.00 2" diameter and smaller I Service reconnection outside trench 123 limits L.F. 90,<-4 43 3;<;170.00 4" diameter and !araer 124 Fire Hydrant 6.5' burv Each .C; 000.6<' 3 /J.ooo, 0" 125 Fire Hydrant 7.0' burv Each ~ zoo. ~ 1 .~ 700. .,., 126 Fire HYdrant 7.5' burv Each .1" $tJO. CQ 3 f<;",qM.a.. 127 Insulation L.F. 8'. (>.. 1425 /1 iJOa. </0 128 Traffic control L.S. 5"0 Ott).o" 1 J;c/ OQ:). "" 129 Temporary water system L.S. q,1 O::)j, ".. 1 96 c:tl:1 1ft 130 Asphalt Surface Restoration L.F. 29. OQ 4890 . It! / ?/d.o' 131 Type 2 pipe beddinq C.Y. za.(l<;I 20 40(). 00 - zo,OO:>. ... 132 Quality Assurance Testina L.S. 1 20 Q;;1:j. ocl 133 Miscellaneous Work Each $1.00 10,000 $10,000.00 3 BID FORM f f f f f , , I , I I I I I I 6 ~ ~ I TOTAL BASE BID I! k~atd M .(;Ve- -IW 4/1"1 (TOTAL BASE BID - W TTEN WORDS) ~Q$ c $ 955', 63t, lJ6 , The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered in preparation of this Bid: No. "'~ . Dated <t/9/07 No. #z Dated If fl6 /01 No. Dated No. Dated Submitted this J 7 i/.. day of IJfl'J/ , 2007. SIGNATURE OF BIDDER: P~dr~ Montana Contractor Registration Number 41~J L- If an individual: doing business as If a Partnership: by , partner Ifa Corporation: f;'J CI4<I{ (~e~--- h........ (a) tM~~ by fl~4Iff Title (t4' ?~ 4 .',- (Seal & Attest) BID FORM I I I I I I I I I . . ~ I I I I I 1 I'" .. ',' Business Address of Bidder: j). D. ~ go '{3 j B, 1/1 ~ vtA...-f-'..>-7 108 If Bidder is ajoint 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 5 (Seal & Attest) BID FORM I~ I PENAL SUM FORM BID BOND I I . Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where applicable. I I BIDDER (Name and Address): Big Chief, Inc. 1800 6th A venue North Billings, MT 59101 SURETY (Name and Address of Principal Place of Business): Great American Insurance Company 580 Walnut Street Cincinnati, OH 45202 I I OWNER: (Name and Address): City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 BID Bid Due Date: April 17, 2007 Project (Brief Description Including Location): City of Bozeman 2007 Water Renovations Project, Bozeman, Montana I I I I I BOND Bond Number: 00 I Date (Not later than Bid due date): April 17,2007 Penal sum Ten Percent of the Total Arr::::,::;~ Bid (Words) 10% (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. Big Chief, Inc. Bidder' e and Corporate Seal (Seal) (Seal) BIDDER SURETY I I I I I Note: Above addresses are to be used for giving required notice. COUNTERSIGNED: FLYNN INSURANCE AGENCY ~~~ TOM SIDOR . . c. I EJCDC NO. C-430 (2002 Edition) I. I I I I I I I I I I I I I I I I I I I. 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 Surety's liability. 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 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 by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default ITom 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 and 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. PENAL SUM FORM 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 statue shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. II. The term "Bid" as used herein includes a Bid, offer or proposal as applicable. ,'\", EJCDC NO. C-430 (2002 Edition) I" 1 1 1 1 I I I I I I 1 I I I I I I I GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 4522 . 513-369-5000 . FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.O 1417 7 POWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful allorney-in- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power CHRIS JERMlJNSON MICHAEL E. DEPNER JAMIE M. ROE ALL OF BiLLINGS. MONTANA ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalfofthe attorney(s)-in-fact famed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY bas caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8th day of Septemb er. 20p 3 Attest GREAT AMERICAN INSURANCE COMPANY /..-;:'""--'."-:"".:'._~. , I ."., I ' / I I \ -'''''~:,:>''''" .. ---,'--'---~.~.- -_."_ :c-. ,...,"~"" :::':.i.ii'~;::...:;;::: ~y. ._--.~~~~-. . ~~w ~_":::::::-, ", \ I"~ \ ,,:" STATE OF OHIO, COUNTY OF HAMILTON -ss:" On this 8th day of September. 2003 ,before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President ofthe Bond Division of Great American Insurance Company, the Company described in and which executed the above instnlment; that he knows the seal of the said Company; that the se<ll affixed to the said instrument is such corporate seal; that it was so affixed by authority of his offiee under the By-Laws of said Company, and that he signed his name thereto by like authority. I~' :'._"':_~ - / ,; ,'~ ." f\'1 J\UFiE.:Et'.,J DeUG']-; ~~fl'!. 'l' ~.;i~)T;!\ii'i PUF3L1C:, =~T}\T:.: 0= 0:--11(\ /i.,/ /;;1(: ,"0" t,;"\' ::';.)fy';~J!:;j~.;l:::)t.; ~::.::t,Fir~E.~:; Oh-'l':::~GI~' ( !I i -J.- ," ,~: ,_.,...., c I (J J ' '( 1 ,~~.~~,~.;~r..(l..........""f'\..... 't""................\F 1,.,,\.....~1. ),_~.......'\...t\~,......~. <\ .-, .'_J '._J This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insumnce Company by unanimous written consent dated March 1, ] 993. RESOLVED.' That the Division Prr!sident, the several Division vice Presidents and Assistant Vice Presidents, or anyone of them. be and hereb.\' is authorized. from time to time. to appoint one or more Attorneys-in-Fact to execlIte on behalf of the Company, as Sllrety, anv and all bonds, undertakings and contracts of.wre~vship, or other wrillen obligations in the nature thereof to prescrihe their respective duties and the respective limits of their allthori(v: and to revoke any such appoilltment at any time. RESOLVED FURTHER: That the Company seal and the signatllre of any of the aforesaid officers and any Secretary or Assistant Secretary or the Compan\' may be afrIXed byfacsimile to any power of attorney or certijicate of either given for the execllrion of any bond, IIndertaking, contract or slIretyship, or other wrillen obligation in the natllre thereof. sllch signature and seal when so IIsed being herehy adopted by the Company as the original signatllre of such oj}icer and the original seal of the Company. to be valid and binding upon the Company with the same force and effect os though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March], 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of APRIL ,2007 17TH . .............--.-............._, /~7"'-"-.". .'""'\ ( '"I ) I ' _".___,__ \~~~~:~:;Z;?;:~:;~:=r~:E~~.,-r'--~-- ~,-_.~,~=:=~::=::. .........d""..'"' '\, I ': ,. ,', ( ~! .\, 'I ," L ' i , ) ,~', ,.... ............."I""J4-ttnn\ I I I I I I I I I I I I I I I I I I I AGREEMENT FORM v4 THIS AGREEMENT is dated as of the z.; day of ~ in the year 2007 , by and between CITY OF BOZEMAN, hereinafter called OWNER, and Big Chief Construction, Inc. 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: Replacement of existing mains with the installation of approximately 4678 LF of 8" ductile iron water main and appurtenances. The work areas are generally describe as: Tracy - Main to Lamme, Black - Main to Lamme, Bozeman - Main to Lamme, Babcock - Rouse to Wallace, Church - Olive to Main, and Cypress - Babcock to Main. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2007 Water Renovations Proiect. Citv of Bozeman. Article 2. CONTRACT TIME. 2.1 The Work will be completed within...2!!.- 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 ifthe Work is not substantially complete within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($ 500.00) for each day that expires after the time specified herein until the Work is substantially complete. Article 3. CONTRACT PRICE. 3.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Nine Hundred Fifty Five Thousand Thirty Six Dollars ($ 955,036.00). I I I I I I I I I I I I I I I I I I I 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. I I I I I I I I I I I I I I I I I I I 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) ofInsurance. 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, Fifth Edition, dated 2003, with addenda, and City of Bozeman Modifications to Montana Public Works Standard Specifications Fourth Edition, March 2004, including Addenda No. 1 and 2. 7.12 Appendix A and Appendix B. 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. I I I I I I I I I I I I I I I I I I I 7.16 Notice of Award. 7.1 7 Notice to Proceed. 7.18 Any modification, including Change Orders, duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion. 7.21 Notices of Final Completion and Acceptance. 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. I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. (CONTRACTOR) B~~~ Title/tV- (JOINT VENTURE) By Title City of Bozeman (OWN~ By C~ ~~ (CITY MANAGER) APPROVED AS TO FORM: ~~~~ ,., OQ~ (CITY AT E ) c :Iwpdocslfonnslagreelim. mrg (SEAL &) (ATTEST) (SEAL &) (ATTEST) .- I I I I I I I I I I I I I I I I I I I PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. SURETY (Name and Address of Principal Place of Business) Great American Insurance Company 580 Walnut Street Cincinnati, OR 45202 CONTRACTOR (Name and Address): Big Chief, Inc. 1800 6th Avenue North Billings, MT 59101 OWNER (Name and Address): City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 CONTRACT Date: AmountNINE HUNDRED FIFTY-FIVE THOUSAND THIRTY-SIX AND NO/IOO ($955,036.00) Descriptions (Name and Location): 2007 Water Renovations Project, City of Bozeman, Montana BOND Bond Number: FS 3481760 "" / ~, U....A l.o "'L Date (Not earlier than Contract Date): 2 .3 tlA-e1 ~ , - V"J c) ...,..- Amount:NINE HUNDRED FIFTY-FIVE THOUSAND THIRTY-SIX AND NOIlOO ($955,036.00) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company:Big Chief, Inc. SURETY Sig,.wre,P~ ~ Name and Itle: ~S'~/~ v:r:. Great American Insurance Company Surety's Na e and Corporate Seal (Seal) (Seal) (Space is provided below for signatures of additional parties, if required.) Attest: Signature a CONTRACTOR AS PRINCIPAL Company: SURETY Signature: Name and Title: (Seal) (Seal) Surety's Name and Corporate Seal COUNTERSIGNED: ~ 81 0 By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title Elcnc No. C-610 (2002 Edition) Originally prepared through the joint efforts of Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. I I 1. Contractor and Surety, jointly and severally, bind themselves, their beirs, executors. administrators. SUCCeSsors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. I 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. I 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: I 3.1. Owner has notified Contractor and Surety at the addresses described in Paragraph 10 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 fifteen 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 I 3.2 The 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 twenty days after Contractor and Surety have received notice as provided in paragraph 3.1; and I 3.3 The Owner has agreed to pay the Balaoce of the Contract Price to: I. The Surety in accordance with the terms of the Contract; I 2. Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3. Surety shall promptly and at Surety's expense take one of the following action" I 4. I Arrange for Contractor. with consent of Owner. to perform and complete the Contract, or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or I 4.3 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 the 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 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or I I 4.4 Waive its right to perform and complete. arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; I 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 I 2. Deny liability in whole or in part and notify Owner citing reasons therefor. I 5. If Surety does not proceed as provided in Paragraph 4 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 tn Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered nr Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available tn Owner. I I 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 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 a 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: 6.1 The responsibilities of Contractor for correction of defcctive Work and completion of the Contract; 6.2 Additional legal. design professional and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. 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 ohligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors, 8. Surety hereby waives notice of any change. including changes of time, to Contract or to related subcontracts, purchase orders and other obligations. 9. 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 he 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 prohihited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page. 11. 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 or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intem is that this Bond shall be construed as a statutory bond and not as a commOn law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amounl 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 senlement 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 ContraClOr under the Contract. 12.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contracl Documents and changes thereto. 12.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4 Owner Default: Failure of Owner, which has neither been remedied nor waived. to pay Contractor as required by the Conlract or 10 perform and complete or comply with the other terms thereof. Owner's Representative (engineer or other party): I FOR INFORMA nON ONLY - Name, Address and Telephone Surety Agency or Broker: Flynn Insurance Agency P,O, Box 711 Great Falls, MT 59403 (406) 453-1464 I I I PAYMENT BOND I Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. I CONTRACTOR (Name and Address): Big Chief, Inc. 1800 6th Avenue North Billings, Mf 59101 SURETY (Name and Address of Principal Place of Business): Great American Insurance Company 580 Walnut Street Cincinnati,OH 45202 I OWNER (Name and Address): City of Bozeman P.O. Box 1230 Bozeman, Mf 59771-1230 I I CONTRACT Date: Amount: NINE HUNDRED FIFrY-FIVE THOUSAND THIRTY-SIX AND NOIlOO ($955,036.00) Description (Name and Location): 2007 Water Renovations Project, City of Bozeman, Montana I BOND Bond Number: FS 3481760 ~ -' UL.? _ ~ Date (Not earlier than Contract Date): "2J3 '~c6 ,- ~ c..o~ T Amount: NINE HUNDRED FIFrY-FIVE THOUSAND THIRTY-SIX AND NOIlOO ($955,036.00) Modifications to this Bond Form: None I I Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. I CONTRACTOR AS PRINCIPAL c~mp,,"y, B;~ Signature: _ ~ Naml1n~ Ti~le: . ~S-~l-hj ~~ SURETY (Seal) Great American Insurance Company Surety's Name and Corporate Seal (Seal) I I (Space is provided below for signatures of additional parties, if required. ) Attest: Signatur I I CONTRACTOR AS PRINCIPAL Company: SURETY (Seal) ( Seal) I Signature: Name and Title: Surety's Name and Corporate Seal I By: Signature and Title (Attach Power of Attorney) I Attest: Signature and Title: I EJCDC No. C-615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. I · I 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. I 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 I 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. I I 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: I 4.1. Claimant~ who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses 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. I 4.2. Claimant~ who do not have a direct contract with Contractor: I 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 I I 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 I 3. Not baving been paid within the above 30 days, have sent a written notice to Surety 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. I 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. I 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following action.~: I 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. Payor arrange for payment of any undisputed amounts. I 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. I 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. 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 (I) 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 Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 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 confl icting with said statutory requirement shall be deemed deleted here from and provision.~ 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 beneticiary 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 comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker: Flynn Insurance Agency P.O. Box 711 Great Falls, MT 59403 (406) 453-1464 I Owner's Representative (engineer or other party): I I ~ -: e e e I GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202. 513-369"5000. FAX 513-723-2740 I The number of persons authorized by this power of attorney is not more than THREE No. 0 14098 I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue oflhe laws of the State of Ohio, does hereby nominlte, constitute and appoint the person or persons named below its true and lawful attorneyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written ooligations in the nature thereof; provided lhat the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not cxceed the linit stated below. I Name Address Limit of Power I JOT-IN D. LEAF BETH A. WINDOM JENNY TAUB-SMITH ALL OF GREAT FALLS, MONTANA ALL $75,000,000.00 I This Power of Attorney revokes all previous powers issued n behalf of lhe attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAr AMERICAN INSURANCE COMPANY has caused these presents to be signed and attcsted by its appropriate officers and its corporate seal hereunto affixed this 10"' day of, APRIL , 2006. I Attest GREAT AMERICAN INSURANCE COMPANY I STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-369.3811) I On this I ot~ day of APRIL ,2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice Presidert of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrumcnt; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; lhat it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. I I I This Power of Attorney is granted by authority of the following resolutions adopted by the Bowd of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. I RESOLVED: That the Division President. the several Dtvision Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby i.~ authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. I RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affIXed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affIXed. I CERTIFICATION I, RONALD C. HAYES, Assistant Secrctlll)' of Great American Insurance Company, do hereby certifY that thc foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. I Signed and sealed lhis day of, I I S 1029T(11101) I OS/22/2007 15:30 FAX 406 254 0215 CHIEF CONSTRUCTION 14I 002/004 I A CORD... CERTIFICATE OF LIABILITY INSURANCE I DATE IIIIMlDDIYYYY) 05/15/07 PRODUCER T.HJS-CERJ.lfIC,41.E.ISJS$lJED,AS AMATTER OF JNFORMAIlON. Holness LaBar Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Member of Payne Financial Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 30638 , affiTngs,MT'lS9fOT-Vff3lf INSURERS AFFORDING COVERAGE HAIC# II/SURED INSUR!':R A; Bituminous Casualty Company Chief Construction Specialties, Inc. INSURER II: Cincinnati Insurance ComparlY -P.Q.-Box.8D43,t;- 1800 -6tb-Av.enue North INSURER C: Billings, MT 59108 INSUR!':R D: INSURER E: Cllent#. 10862 CHIEFCON I I I COYf~.r.E~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERII)D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlFICATt: MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N!lRI TYPE OF INSURANCE POLICY NUMBER -' '.poUC\'€ffKlWE- i'OUC\'BlPlAAllOfl LlIIlITS LTR OAT A ~NERAl. LIABILITY CLP3237767 01/01/07 01/01/08 ~,OCCURR~NCE 51 000 000 X. COMM!':RCIAL GENERAL LIABILITY ~~~J?E~I~;~n""\ 5100.000 - ---..:. ~ ClA!MSMN.)E ~'0"...cuP. ~?J>{"'~""",i>O="1 55 000 X PO Ded:2.500 PERSONAL & AOV INJURY $1 000 000 ~RAL AGGREGATE 52.000.000 ~LAGG~nE LIMIT APnSPER: PRODUCTS - C')MPIOP AGG 52 000 000 POLICY ~rRr LOC A ~QIIIOBILE LIABILITY CAP3509641 01101107 01/01/08 COMBINED SINGLE LIMIT $1,000,000 .!... ANY AUTO lea ..,olden!) -- - Al.L OWNEO'Al;Tros . - - IIODll Y INJURY 5 SCHgOULEO AUTOS (Pe, person) I---- --- ~ HIRED AUTOS BOOII.Y INJUR\' 5 ~ - NON,oWNEill AUTOS- (Pel ',cold""') - '----------- I-- PROPERlY DAHIIAGE $ IPe' .ocldenl) . RRAGE LIABILITY ~.ONLY.EAACCIDENT $ - ' ANY AUTO OTHER THAN EA ACC $ AUTO ONLY, AGG $ B D,ESSlUIIIBRELLA LIABILITY XS1149294 01/01/07 01/01/08 EACH OCCURRENC!': 51 000 000 'OCCu;o,' D--CtA1MS_ne ~eGAIE lt6OftOOe I---- - $ R O!':OUCTIBLE 1--------, $ RETENTION 5 -$ WORKERS COMPENSATION AND Ur~~N~~;, I IO~- EMPLOYERS'LIABIUTY ~_~CH ACCOENT 5 ANY PROPRlETORiPARTNERlEXECLlTIVE OFFICERiMEMBER EXCLUDED? E.L. ['ISEASE . EA EMPLOYE!': $ , ~~I~=NSboIOW E,L. [)ISEASE . POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS Il.OCATIONS, VEHICLES' EXCl.USIONS ADDEO BY ENDORSEIIIENT , SPECIAL PROVISIONS Notice of cancellation for nonpayment of premium will be 10 days. Chief Construction Specialties, Inc. - t.ittte -ctaiefProperties, 'LLC Taylor Equipment, Inc. (See Attached Descriptions) i!'I;- I I I I I I I - 'cel(lIl'l\,;"I~ HOt.DER -CANCEtt.:ATlON SHOULD ANYOF THE ABove DesCRIBED POLICIES BE CAHCELLED SEFORE THE EXPIRATION City of Bozeman DATE THEREOF, THE ISSUING INSURER WILL "NDEAVOR TO MAll .-AS- DAYS WRnTEN 1'-0. Box 1230 _ JiClJJC.E. TO IHE. CERllfU:4l'E.lJOI.llE.l'I-~ 10 lHEJ-EFI.JllII.FAlUJ.QE 1000 SO I\IiALL Bozeman, MT 59771-1230 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE II/SURER, rrs AGENTS OR REPRESENTATIVES. ,~-O&l6P~Sf,NfAffilf 'I';;" I. ACORD 25 (2001/08 '--- -- @ ACORD CORPORATION 1988 ) 1 of3 #5281740JM268340 JC1 I OS/22/2007 15:31 FAX 406 254 0215 CHIEF CONSTRUCTION 14I 003/004 I I JMPORTANT I I If the certificate holder is an ADDITIONAL INSURED, tha policy(ies) must be endorsed. A :,tatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(,,). I It $UBROGAl'ION- -IS WAIVED; -sutljtret to ttre'\e'rtTrs"'and ~ltlttrnfClNtwqroliey; 'certditl" -polItiES' may- require an endorsement. A statement on this certificate does not confer rights to the IXlrtificate holder in lieu of such endorsement(s). I DISCLAIMER I The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatlvely-ornegatively amend; -6i(te"d .or alter the. -oovemge' affGmed'by-theiJOl1eies-llsted-thereGn; I I I .~l-. ACORD 25-5 (2001/08) 2 of 3 #S281740/M268340 OS/22/2007 15:32 FAX 406 254 0215 CHIEF CONSTRUCTION ~ 004/004 I I I I I I I I I I I I I '[)E~lPl<<),N$ {GoAt, '." -iRUed fr~P~ 11} , ' . Chief Construction 401 K Plan Sunset "Cliffs, 1.:L"C - BWe-OiaQUJnd-.Ra41ch.u.c Ref: 2007 Water Renovation Project, City of Bozeman _Contract: $955,036 Certlflcate holder Is additional Insured on a Primary basis. tkO, AMS 25.3 (2001/08) 3 of3 #S281740/M26B340 I ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) 05115107 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hoiness LaBar Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Member of Payne Financial Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 30638 Billings, MT 59107-0638 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A; Montana State Fund Chief Construction Specialties, Inc. INSURER B: P.O. Box 80431 INSURER C; 1800 6th Avenue North INSURER D: Billings, MT 59108 INSURER E: Client#: 10862 CHIEF CON I I I I COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR r..~~ TYPE OF INSURANCE POLICY NUMBER PJ>Al,,!~":!.:f~8mlE P~~lfl,~XJ~treN LIMITS LTR ~NERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ I-- ~ CLAIMS MADE D OCCUR - MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ ~'L AGGREAE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ POLICY p,r8i LOC ~TOMOBILE LIAlllLlTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea eccldent) >-- >-- ALL OWNED AUTOS llODlL Y INJURY (Per person) $ I-- SCHEDULED AUTOS I-- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) I-- PROPERTY DAMAGE $ (Per accident) ~AGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ ~ESS/UMllRELLA LIAlllLITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ ==1 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 033336181 04101107 04101108 X I T~~J"'f ~J,~~ I IOJ~- EMPLOYERS' L1AllILITY $1 000.000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1 000.000 If yes! describe under $1 000000 SPECIAL PROVISIONS below E.L. DtSEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED llY ENDORSEMENT I SPECIAL PROVISIONS Ref: 2007 Water Renovation Project, City of Bozeman Contract: $955,036 THE STATE FUND IS ONLY LEGALLY OBLIGATED TO GIVE 10 DAY NOTICE FOR CANCELLATION. I I I I I I I I I I CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES liE CANCELLED BEFORE THE EXPIRATION City of Bozeman DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ----45- DAYS WRITTEN P.O. Box 1230 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, llUT FAILURE TO DO SO SHALL Bozeman, MT 59771-1230 IMPOSE NO OBLIGATION OR LIAlllLITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A'lI!ORIZED REPRESENTATIVE "II 1. ACORD 25 2001/08 "'--- ~ @ ACORD CORPORATION 1988 ) 1 of 2 #281741 JC1 I I I I I IMPORT ANT I If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I I DISCLAIMER I The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the pOlicies listed thereon. I I I I I I I I I I I ACORD 25-5 (2001/08) 2 of 2 #281741 I "1-1 ACORDT~ EVIDENCE OF PROPERTY INSURANCE DATE (MM/DDIYY) 05/16/07 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY, ~~,~ f PHONE .._.~~.._,--_.- PRODUCER - COMPANY Hoiness LaBar ~~~r~'hce Cincinnati Insurance Company A Member of Payne Financial Group P.O. Box 145496 P.O. Box 30638 Cincinnati, OH 45250-5496 Billings, MT 59107-0638 CODE: m-----"....----I;~B CODE: ~3~r8~ER ID II: 1 n R k ? -- "'._.,._~-'-,.,,~,--- INSURED LOAN NUMBER I POLICY NUMBER------------ Chief Construction Specialties, Inc. BINDER718648 City of Bozeman, Subs and sub-subs EffECTIVE DATE I EXPIRATION DATE 1800 6th Avenue North I n CONTINUED UNTIL 05/21/07 OS/21/08 TERMINATED IF CHECKED Billings, MT 59108 THIS REPLACES PRIOR EVIDENCE DATED: I PROPERTY INFORMATION LOCATIONIDESCRIPTlON Main Street East End, Bozeman, MT/2007 Water Renovation Project COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE _.._--"....~".,,'._....,.,.--.. -.-.--.-- n. _ _.. ,.~_'_.,,~___~_ "._~~___,_~.". ~.~,. ...., ..~. "."-~,,~'~.~~._.'~-'.'."~",,.'- ._~~---'--- Special form Builders Risk $955,036 $2,500 Earthquake $955,036 $25,000 Flood $955,036 $25,000 REMARKS (Including Special Conditions) CANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS,FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 4 S DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS f---I ~ORTGAGEE ADDITIONAL INSURED CITY OF BOZEMAN LOSS PAYEE X Project owner P.O. Box 1230 LOAN II Bozeman, MT 59771-1230 AUTHORIZED REPRESENTATIVE I ~I ACORD 27 (3/93) 1 of 1 48369 JC1 @ ACORD CORPORATION 199 !:-',\, I I I I I I I I I I I I I I I I I I t . . l- . . c c c . . . ~ c c . . ~ . c c ~ ~ - !TIllS document has rrnponant legal consequences: consultation with an ,momey IS encouraged wIth respecr to Its use or : modIfication. ThIs document should be adapted to the pamcuiar CITcumstances of the contemplated ProJect and the i Controlling Law ST ANDARD GENERJ\L CONDITIONS OF THE CONSTRUCTION CONTRA.CT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published JOll1tly By ACEC eC' National Society of ,- ~_ Professional Engineers" .:- Prof~umll fu9~~~~ I~ funt. ~ ASCE "\.'H 1',1' ~~I l.lll . I II I' f' )-",CI'H' ~I~I ( 1l'\.1f"\~ 11', ~~II ~~... .1. C~1ajJ I6.AfI*AJf',-."" PROFESSIONAL ENGmEERS IN PRIVATE PRACTICE Cl practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGmEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGmEERS TillS document has been approved and endorsed by :l~~.,. ,~,\~.~ ,._-'.)S ......~I.ft'l~/.r- ~:r~~:~~ ~~ The Associated General Contractors of America TZ' 'KnOwI8.098 tor Creating .-.... and Sl,lst;;;ltnlng tI"IE! SUIlI E.nvlronman: Construction SpecificatIOns Institute EJCDC C- 700 Standard General Condition5 of the Con5!ruction Cootract. Copyright 19 2002 National Society of Profe55ional Engineer5 for EJCDC. All rights reserved. fl0700 - 0 Copyright ro2002 National Society of Professional Engineers 1420 King Street, Alexandria, V A 22314 American Council of Engineering Companies 1015 15th Street. N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive. Reston, VA 20191-4400 These ('Teneral Conditions have been prepared for use wlth the Suggested Forms of Agreement Between Owner and Contractor Nos (-520 or C-525 (2002 Editions). Therr provlSlons are mterrelated and a change m one may nccessitale a change III the other. Comments concemmg their usage are contamed lD the EJCDC Constructlon Documents. General and Instructions (No. C-OOl) (2002 Edmon). For gUldance 111 the preparatlOn of Supplementary ConditIons. see GUIde to the Preparation of Supplementary Conditions (No. (-800) (2002 Edmonl. J EJCDC (.700 Standard General Conditions of the Construction Contract. Copyright \9 2002 National SocIety of Professional Engineers for EJCDC. All rights reserved. 00700 - I -I .. .- .. .- ~ :J :J -I ... ..- :i :I , ., .. It ~ :I :J , ~ ~''''"'~'' :! , , I I I ~ C ~ I I t ~ C ~ t I It . ~ ~ ~ It . TABLE OF CONTENTS Pal?e ARTICLE 1 - DEFINITIONS AND TERMINOLOGY____.......................................................... ..._................. 5 ] .0] Defined Terms_..................... ...__..__.. ............ .......................... ............. ........................ 5 l.u2 Termznologl'.................. ...____...._.. .................... ___._......................._. ........ .. . --, ARTICLE 2 - PR.ELIMINAR'l MA TTERS_................................................... .................... ........... S 2.01 Deliverv Of Bonds and EVIdence o(Insurancc.... ._.._.._................................................... ....__...... ____.............. 8 2.02 Copies of Documellts --................................._. ._. _....................................................... _ ........... ___................ 8 2,(13 Commencemel11 o(C,nllract Times. Nonce to Pr,)Cf'ed................................................... __.................. S 2.u4 ,';tart/no; the ftork.. ____H. --................................. .._....................................................... ___...............8 2.05 Befor(' StarlIng 1.::onsrrucll(Jn................. ...___........ ............................................ _. _........... _....................8 2.06 Preconstruct/on Conference .................. __................ __.......... ..... .............................. _.._. S 2Jl7 Inlf1al Acceptance.oj Schedules .---. -... .................. __........................ .8 ARTICLE :\ . (.:ONTRACT DOCUMENTS INTENT AMENDING, REUSE. _....................................._. () 3.U1 Inlem.......... ____..______............................. ____...__..................................................... ______........_ ..__.................. CJ .') 02 Reference SWlldards ___ ____.............................. ___ __..................................................... ..____....... _____. __............ CJ 3.03 Reporting t1nd Resolvll1g Discrepancies ..______. _._............ __................. ---__...........__.......................lJ 3.04 Amendmg and Supplemenllng Conlracl Documenls ............. ..........................__.__ .............____............. ]() 3.05 Reuse of Documenls....__......................__...._____ __._.................. .................................... ____...............__................ 10 3.Uh Elecrrol1lc Dalo__....._............................. ..__________................... .................................... ____..__..__......_.....................]0 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDlTIONS~ HAZARDOUS ENVIRONMENTAL CONDITIONS, REFERENCE POINTS ....................................................._................_.................. .]0 401 A vat/abllirv o (Ll1n ds --...__.......... ........ ............. _...... ........ ........................ ...........__.... __......... ..... _ ......... ...... ...... 10 4.02 Suhsurface 11/11/ Phvslcul Condl/ions .......... ____.....................................................____.............._..................... 1] 4.03 Dljferlng Suhsudace or Physzcal CondWolls ..... __.........................................................._...............__................... 11 4.04 Underground Facilines .--..__............................................... ....... .......... ......... ....................._ ............ _ ..__................. 12 4.05 Reference POllJts ..............................-- .........................____........._..... ......................................... ..__............. _______...12 4.06 Hazardous Envmmmental CondItIOn at Sue ................... __.._.....__.... ______..__...__...................__. ...............___...12 ARTICLE 5 - BONDS AND INSURANCE .............. .....---...................__.._................_................... __13 5.01 Performance. Pavmenl, and Dlher Bonds .----- --..-................. ......__.....................__..__......................................... __ 13 5.02 Licensed SlJ.renes and Insurers -.----............. ............. ..__.................... ......... ...............................__...... ......____..... ...... ] 4 5.03 eerUjjCllles of Insurancc........__.__.______.......... .............____............................................................__...... ..... __.____.. ...... 14 5.04 C'ontraclor '.I' Lzabilitv Insurance ............____....................... __..__.._..._______........... ____..____................................ ____.. 14 5.05 Owners Lzabzllt1, Insurance ..........--- --...... ....................__.........__...._......__......_..__..... .......... ..........__... .......... ____. ..... 15 5.06 Propertv Insurance ........ ..................--......__....................__.............__......__.......__ __.,............................ ........... ......... 15 5.07 Wwver oj R Ighls ................ ........... ----..__................. ______...__......__. __............................ ........... ..__..... 16 5.08 Recelpll1nd ApplicatIOn o(!nsurancc Proceeds ........... ____..__ ..____...........__....__................................. ........... .16 5.09 Acceptance o(Bonds and Insurance; OptIOn to Replacc...............................................__................_.....................16 5.10 Partial UlilizalLOn, A cknowledgmenl oIPropertv Insurer .......................... ....................__................ __................... ] 7 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES....................................................................... __............ ...................17 b.O 1 SupenJlsion (1nd Supermlendence .................. __. __.................................................... __.................................. _____.. 17 6.02 Lahor. Workmg Hours ....................................__.....................................................____.................." .....................17 6.03 Senilces, MQlenals, and Equlpmenl...............__......................................._....._..__...____....................... ............__..__...17 6.04 Progress Schedule .......................................................... ............................................................. ..... ................ ..... ] 7 0.05 Suhsnlules and "Or-Equals "................. ----................. __................_..__......__... ................................. ............____.....18 0.06 Concernll1g Subconrructors, SupplIers. and ()Ihers .......____.._...___.....___...........__................................ .............__...... 19 6.07 Palen I Fees and Rovaltzes ........................ .................................................................................... .....__..............20 6.08 Permits ....... ----....... ........... --....................................__....... ........... ....................... ............................. ................ ..... 20 6.09 Laws and R egulallOns ................................. .....____...................... .....................................__............... ................ ..... 20 6.10 Taxes .......... ......-..............................,. ............................ ..................:....... ..................................... ..... .....................21 6.11 Use of Site and Olher Areas ............................................................................................................ ..................__. 21 6.12 Record Documents .............................. .............................................................................................. ..................... 21 6.13 Saferv and PrOteCnon.............................................__......................................................_.._.......... ...._ ..................... 21 6.] 4 Safetv Representarzve ............................................,............................,...,.,..,..................................... ..................... 22 6.15 Hazard CommulllcatiOn Prugrams ..........................................._._......._.......... .__............................... ..................__. 22 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright If;; 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 . 2 6.16 Emer?enCles..............." "..... ......."""". ......"..."..... " 6.1"7 SiwpDrawlIJ.\!sl.mdSamples ........""".. ......."..".."""....""". l~ 0.1 S Connnwng rhe vfork""......"".". ............". ....."."". ..."".............. .."..." 23 0.1 CJ CDntracrors (Teneral H'arr(ll!n' and Cuarantee .....""....""."......... ........""" .."""".. .."" ..."....".." 23 (J.20 indemndicatloll.. ....""".""... ....."".".. .........".".. ............. ....." 23 (J.21 Ddega!l(J/1 ot proresswnal Dcsn;n Senlcc5 ,,24 ARTICLE "7 . OTHER WORl: A T THE S1TE "......."..".."".24 ~.01 Related vVork at Sill. .....".""... ..... """. . .""........."". ...."..". . . . .........."... 24 -;.02 '_'uordllIanoll.... ......""........ . ....."..." ...........25 7.0,) Leg(J.l Ret'(1nonsiup.\" "")(" ARTTCLE ~: - OWNER'S RESPONSIBILITTE~~......".. ............. ."""'" ...... ...".... .. 2~ 801 ComrnWll,,'atlOnS to 1~,"'llractor ............"".... ....".. ........" .. ..... ...25 8.02 Rcplucemf'1lI u(Engll1C1?1 ...."""... ....."...... ,- f; 1)3 Furnish Dura.. ............"...." ......."..... ....... "........'" :-U.14 fav "Vhen Due. .......""... ..............." ......"."... ......""...... ........"... ',,' f:.u5 Lcmds and Ease-mellls Reports und Tests........ .. 25 :) Uh insurance. ....."".... ........".".." ........... 25 g U7 Chilm!e Orders.. .............. . ................. 2~ s.m: II1SpCClIO/l.l', Tes/s. and :lpprovals..".... ...."........ ........"..". .'" b.OlJ LlI7111allO/l.l'!lf1 Owner s ReS(!ONSlbiIItIes ......... ......."".. ................. ........."...... 26 E.) (I Uruilsc/u\'ed f-IazardOll5 Environl71cnwl C:undll1oll ............. ............... ............. 2l> g.11 FVlilcllce ,'f FlI1llllewl.1rrangemel1ls ............... ................ ............... .......".... ............ 20 ARTICLE CI. ENGTNEER'S STATUS DLJPlN,'3 CONSTRUCTION ..........".. ...."""..."."..". ............2(, ()OI Owners Representatlvc" ...."".."... .............. ............... ...................... .............2<.> i"H)2 VlSltS to Suc ...... ............. ..................... ..............2b '1.03 Pr(l/E'ct Represcnwllvc..... ................ ...................... ...................... ..............2(; 9,lJ4 Al.ltlwn:ed Vanarwns 1/1 /lVork ..................... ................ .................. 2() LJ.05 Rewclll7g De{(;etlvc Work ........ ................. ................ ............... .................2h lJ.06 Sho!' Drawmgs, C}wn,r:e Orders and Pavments .......... .............. ......................27 9.07 Derern!IIWllons (or Una Pnce "Vork ...... ................ ................................... .............. .................27 (/ .OS DeC!SlOns on ReqUirements ur Contract Documents and A cceptatulirv of Work .. ........ .......... .27 q OG Llm!tallons on Enf,iIleer 's Authonrv and Res(!orlS!billlleS ................... .............. .............. ... ........................ 27 ARTICLE lU - CHANGES IN THE WORK: CLAIMS ........ ................ ................................. ....................... ........... .... 27 HUll 4uthor!zed Changes l/J the Work ...................... ...................... ..................... .......................... ......... ..............27 10.02 Unauthonzed Changes ill the Work..... ................. ................ .......................... ...2f; 10.03 ExecutlOll of Change Order'. .............. ............. ............. ......... ................. ...... 28 ] ()J)4 NOtlficatlO1l to Surav...... ............... .............. ................. ...................... .........................2t: 1 ().U5 Claims ..__........... .................. ................. .............. .................... .............. ........... ......... __......28 ARTICLE 11 - COST OF THE WORK: ALLOW ANCES; UNIT PRlCE WORK ..........__....................................... 2G 11.01 l~().I't of the Work ....... ................... ............... .............. ............... --........... --. .................. 2lJ 11.02 Allowances.. ...__........... ........................... ...__........................ --........... __..__...............__3U 11.03 [lmt Pnce Work.. ............. ................ .............. ....................... ..__3U ART1CLE 12 - CHANGE OF CONTRACT PRJCE: CHANGE OF CONTRACT TTMES.......--........ J I 12.01 Chanf,E' o(Conlrael Pnc:c...... ................ .................. ............... ..................__.................... --............. ,c,1 12.02 CJ1I111r;C orC-ommcl TImes ........ ...__............ ............... ..............,.--..................... .............. 32 L2.(I.' Ddavs .......... ............__........... ................. ................ ...................... .............. 32 ARTICLE U _ TESTS AND INSPECTIONS; CORRECTION, REM()V AL OF.. ACCEPTANCE Of DEFECTIVE WORK ...... 3::: 13.01 NOllce of Defects.....--............. ................................. .................... --...................................................... ....... :1:: 13.02 Acccss to Wnrk....... ................................................................ ...........,............... ..................... ...............32 13.113 Tests and lnSpeCIlOI7S ........ ................ .................... .......................... ............. .................32 13.04 Uncovering WorL................................. .................... .................... ................. ...........................33 ]3.()5 Owner Mllv SlOp Ihe Wurk __................ ..__.......... __.................... ------............ --..................... ____...........33 13.06 Correctioll or Removal o/Detectllie Work.. __............... .................................. ............... --...................... __..........33 13.07 CcJrrectlO1l Period........ ......... .... ............ .... ........ ....... ........ .............. .........---- --............. --..... ...... .......... ...............J.J 13.m: Acccprance o(DefeCllve r.vork ....__ __.......................__.........__............ --......................--......;................ 34 13.09 Owner Mav Correct Detective Work........__..............__.......................--.........................--.....................................34 ARTICLE ]4 - FA \'MENTS TO CONTRACTOR AND COMPLETION .............................................................................. 25 14,01 ScJ1edul e 0.( ~:alues ,'" .... .................. ......, ..... ..............,................... .....--............... .................... ..... ........... ..............35 14.02 Progress Pavmel1ls ........ ................. ...... __.__. ...... ............__.............. .... ............... ........................ .... ......................... 35 14.03 Contractor's Warral1lv of Title ..__.....................--,. .......................__.... ...................................... ...........................".36 14.04 Subsrarlllal CornpletlUl1.......... ..."......... ......."....... ....... ...."........................ ........ ................ ...................................-- 36 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright Ii;:: 2(}()2 National Society uf Professional Engineers tor EJCDC. All rights reserved. 007()() - 3 =' "'I ~ ...t :i , :J "I I!!!III '" ~ ~ :J , III .. .. :i :I :I . . . ~ ~ . . .. . ~ c r.: . . Ita .: c c . . .. . . c C II: I- - 14.05 Parn,,1 C'tz!i;::atIon.................. .................................... ....__..,................ ............... ....__.........__.................. .37 14.06 Fmal inspecrlOn ...--....................................................... .............................. .... ............... .............. ......................:; 7 14.07 Final PavmelJ1.................... ................................ ...................................... ............... ....................................:.,7 14.08 Final Complcrzon Delaved......,..__..............,.. --............____,...__....................... ..__....,..........__.......... --..............38 14.0Q fl',llVE'r ofClazms ..--............... ..................... ............... ................................ .....__............................ ----...............38 ARTICLE 15 ~ SUSPENSION OF WORK AND TERMINATIOJ\ ...................... ..................... '............. ................ ..... 38 15,01 (J,vner iI'iav Suspend If/on: .................................. ...................... ..__.............. ............, ......... 38 15.02 Owner 114m' Termznarcfol'_-ausc ............. .................. ......................... .................... ....... ...... .... 3R 1503 (Jwner 114m' Termmate For Convel1lencc ............. ..................... ......................... ............__............ ....39 15.1)4 1~~omrucWr Mav Stop Work or Terminmc ......... ................. .............................. ................ "__......... ....... 3Ci ARTICLE 1b - DISPUTE RESOLUTION.................... ............ .............................. ................... ......"."... ..........40 Ib.Ol A1ethods and Procedures... .................. ................... ........__..................... .............."".. __................. 40 ARTICLE 17 - MISCELLANEOUS ................... ...__.................................. ................. __...,....... .....40 17()1 C;/Vll1[; NotIce......................... ............."... ........................... ............... --........."......40 17.02 ComputatIOn 01 Times ..... .............. ............"......"... ..................... .....__............ "."...." .....40 17,03 I~.wnulallve Renu:dles........ .................. ..--.............."...................".."...... ....."......""..... .................. 4U 17.U4 SurVival o(ObllgatIOTl.l..............".... .......""....".... ........."................ ................".. ....... ..". __.........".. ....4CJ 17 U5 ('onrrolling LeHt'............. .................. --.................." ......................... ............... ................__................ ...40 170fl Heudzngs. --...................... .............".............." ............,........,,__...........,,__ "........ ...40 EJCDC C"700 Standard General Conditions of the Construction Contract. Copyright It) 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 4 GENf:RAL CONDITIONS ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.01 Derincd Terms A. Wherever used In the Bidding ReqUIrements or Contract Documents and prnned wIth Inltlal capita] leners, the terms listed below WII! have the meamngs ITIdlcated wt1ich are appl1cable to both the singular and plural thereof. In additIon to terms speClficallv defmed, terms with lI11t1al capnal leners m the Contract Documents mclude references to Identliied artICles and paragraphs, and the tltles of other documents or forms. I. .4 ddcndo-- Wnnen or graphlC lI1strumems Issued pnor to the opemng of Bids whIch clanfy, conecL or change the BIdding ReqUIrements or the proposed Contract Documents. 2. Agreement--The wnllen msmlment which IS evidence of the agreement herween Owner and Contractor covenng the Work. J. Apphcatwn/I!r Pavmenl--The fOffi1 acceptahle tu Enl'meer whIch IS to be used lw Contractor dunn" the ~ - e course of tht Work 111 requestmg progress or final payments and whIch is to be accompamed by such SUppOttlIlg documentatIOn as IS reqUired bv the Contract IJocuments, 4. Asbesros--Any matenal that conrams more than one percent asbestos and IS fnable or JS releasmg asbestos finers mto the aIT above current action levels established hy the Uruted States OccupatlOnai Sakty and Health AdrrunIstratlOl1. ~ Bid-~The offer or proposal of a BIdder submitted on the prescribed fonn setJmg forth the prIces faT the Work to be performed. 6. Bidder-- The md]Vldual ur mtltv who subrruts a Bid dlrcctly to OWTler .., Bidding Reqlmemems and the (IDcludmg all Addenda). DoculIlent,\,"~ The Bidding proposed Contract Documents 8. Blddll1g Requlreme/lrs--The AdvertIsement or InVItatIOn to Bid, InstructlOIls to BIdders, bId secumy of accepTable fOilll ]f any, and the BId Fonn with any supplements. 9. Cha/lge Ordu--A document recommended b\ Engmeer whIch IS SIgned bv C.onn'actor and Owner Jnd authonzes an addmon, dele lion. or rn/lsion In the Work or an adjuStmenI l[] the Contract PrIce or the Cuntraet Tmles. Issued on or o.fter the Ufectlve Date of the Agreement. 10. Clall71--A demand or assenlUn bv ()wncr or Contractor seekll1g an adlustment oi ConTract Pnce ur <~ontract Times, or both, or othcr relief WIth respecr to the renns of the Contract. A demand for money ur se!\'lces h\. a thud panv I,; not a (:-lalm. II. ContraCl--The entire and Integrated \\T1l1en agreement between the Owner zllld ConrrZlCtor concen\1l1~ the Work. The ConTract supersedcs pnor negc'liatlOns, represematlons, or agreements, whether WTltJen or ora I 12. (.'unruh'l DnCZUnr/llS-- Thoc,e Items S(, deSignated In the Agreement. Unl'.'pnnted ur hard cOPle:.; of the Items listed 111 the Agreernent are l....omrac:t Documents. Approved Shop Drawwgs, other Contractm'c; subTI1lttals, and the repons and draWIngs 01 sl]bsurJace and phYSICal conditIOns are not COlUmer Documents. 13. Contract Pnce--The moneys payahle by Owner 10 Contractor for completlOn of the Work m accordance With the Contract Documents as stated III the Agreement (subJect to the pm VISIOns of Paragraph II.U3 m the case ofUmt Pnce Worli. 14. Contract Times-- The number of davs or the dates stated ]n the Agreement to: (I) achieve Milestones, If any, Iii) aciueve Substanna! Complenon: and (1111 com- plete the Work so that Jt 1S ready for final payment as C'vldenced hy Engllleer's wnnen recommendation of t1na] payment. 15. CO/ltractor-- The mdlvlelual or entrtv with whom Owner has entered mto the Agreement. l1i. Cusl uldle Work--See Paragraph 11.()1.A for dehmtlOn. 17. Drawrngs--That pan of the Contract Documents prepared or approved by EnglTleer willch graphICally shows the scope, extent. and character of the Work to be perfolmed by Contractor. Shop Drawmgs and other ContraclOr subrruttals are not Drawmgs as so defined 18. Effective Date 01 the Agrf'ement-- The date mellcaled m the Agreement on which it becomes efiectlve, but if no such date IS mdlcated, it means the date on which the Agreemen.t is SIgned and del i Yered by the last of the two pames to sIgn and deliver. 19. Enl;l71eer-- The individual or entlt"\' named as such ill the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright CO 2002 National Sociery of Professiunal Engineers for EJCDC All rights reserved, ()071)() - 5 .. . . :. ) , .. .. ..- ... . 31 , , -I .. Ii II! ;.I :I :J ., .. Ii :I ~ . I .. ~ II: C a: Ii . . ~ c -: . . I- IC C C . . I- - 20, Field Onler--A wrtnen order Issued hy Engmeer which reqUlres nunor changes m the Work but whIch does not mvulve a change m the Contract Pnce or the Conrract TImes, 21, '_Jtmeral Reqlllrel71t'lllsuSecttons of DIvIsIOn 1 uf the SpecIiicatIOllS The (Jeneral ReqUIrements penam to all sections 01 the SpeClllcalluns_ 22, H,l:.ardous [11 '.'1 rOil 171 1:11 [(1 I C Qndzrzol1-- The presence at the Site of Asbestos, PCBs, Petroleum. Hazardous Viaste, or Rachoacllve Matenal m such quanlllles or cIrcumstances that may present a substanual danger to persons or propeITV exposed thereto in cunnecnon wIth the WorL 23 Hu:ardous Wasle-- The teml Hazardous Wastc shall have the meamng provIded ill Sectton 1004 of the Solid Waste DIsposal Act (42 USC SectIOn b903) as amended from time te, tnne, 24_ Laws ul1d ReglJlwlOnS, Laws or RegulatlOl1s- -Any and all apphcable laws, rules, regulanons, ordmanc- es, codes, and ordcrs of any and all governmental bodies, agencIes, authormes, and couns havmg JurIsdIctIOn, 25. Lzens--Chargesl encumbrances upon Project personal property, SCCurlty mtereS1S, or funds, real propertv, or 26, MileslOl1e--A prmclpal event speCIfied m the Contract Documents relatmg to an mtermediate comple- tIon date or tIme pnor to SubstantIal Complenon of all the Work. 27, Nonce 0/ .1warduThe writtcn notlcc by Owner to the Successful Bidder statmg that upon tImely comphance by the Successful BIdder with the condmons precedent hsted therem, Owner will sign and dehver the Agreement. 28_ Nonce to Proceed-~A wrlITen notice given by Owner to Contr;lctor fixmg the date on which the Con- tract Times wIll commence to run and on whIch Contractor shall start to perform the Work under the Contract Documents_ 2lJ_ Owner--The indIVIdual or entIty with whom Contractor has entered lntO the Agreement and for whom the Work IS to he performed, 30, PCBs--Polychlorinatcd bIphenyls, 31. Pctrulcum--Perroleum, mcluding crude oil or any fractIOn thereof whIch IS liqUId at standard condmons of temperature and pressure (60 degrees F ahrenhell and 14,7 pounds per square inch absolute J, such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasolme, kerosene. and oil rruxed WIth other non-Hazardous Waste and crude oils 32, Progress Scheduie--A schedule, prepared and mamtamed by Contractor, describmg the seLjuence and duratlon of the acnvltles compnsmg the Contractor's plan to accomphsh the Work wlthm the Contract Times_ 33_ 'Pro/cClnThe total construction of whH:h the Work to be performed under the Contract Documents ma V be the whole, or a part, 34, Pro/eo Manual--The bound documentary mformatlOn prepared for blddmg and constructmg the Work_ A ltsnng of the contents of the Project Manual. whIch may be bound m one or more vohlfl.1es. IS contamed 111 the table! s) of contents_ 35_ RLldlOUCllVC Mwenal--Sourcc_ speCial nucle- ar. or byproduct matenal as defined bv the AtonlJc Energy Act of 1954 (42 USC Section 2()l 1 et seq,) as amended from nme to tlme_ 36_ Refared En tlt\ , -- An officer, dIrector, partner, employee, agcnt, consultant, or subcontractor. 37_ ReSIdent Pro/eel Representanvc--The autho- rized representative of Engmeer who may be asslgneri to the Sill' or any part thereof 38_ Samples--Physlcal examples of rnatenals, eqUlpment, or workmanshIp that are reprcsentatlVe of some portion of the Wark and which establish the standards by whIch such portIOn of the Work will be judged_ 39. Schedule o(Suhmittals--A schedule, prepared and mamtamed by Contractor, of reqUIred suhrruttals and the tIme reqUlrements to support scheduled pcrfonnance of related construction actlvltles_ 40 Schedule of Values--A schedule, prepared and mamtamed by Contractor, allocatll1g portions of the Contract Pnce to vanous pomons of the Work and used as the baSIS for reviewmg Contractor's Applications for P;:tyment. 4 l, Shop Drawll1gs~-Al1 drawmgs, dIagrams, illustranons. schedules. and other data or mformatlOn whIch are speCIfically prepared or assembled by or for Contractor and subnutted by Contractor to illustr'ate some portion of the Work, 42, Site--Lands or areas mdicated m the Contract Documents as bemg furnIshed by Owner upon which the Work IS to be performed, mcludmg rights-of-way and easements for access thereto, and such other lands furnlshcd by Owner whIch are deSIgnated for the use of Contractor. 43. SpeClllcatlOns-- That part of the Contract Documents conslstmg of \\Tltten reqlilrements for matenals, equipment, systems, standards and workmanship as applied to the Work. and cenam EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright lv 2001 National Society of Professional Engineers for EJCDC. All rights reserved, 00700 - 6 admlllistratlve reqUIrements and procedural maners applicable thereto 44 Suhcol1tracll'r--An mdividual or enmy havlnld, a dIrect contract wIth Contractor or wlth any other Subcontractor for the performance of a pan of the Work at the SHe, 4:' ')uhsta!1l1ul (umpll't/(JI1-- The mne at whIch the Work lor a specIfied part thereof! has progressed to the poml where, 1D the (JpmlOn of Engmeer, the Work (or a specdied part thereof! IS suffiClentlv complete, m accordance wIth tbe Contract Documents, so that the Work (or a speCIfied part thereof! can be util1zed for the purposes for whlch ]\ IS mtended. Thc terms "substannallv complete" and "substanllallv completed" as appl1ed ro al1 ur pan of the Work reteI' to SubstanLlal CompletIOn thereol' 40, Successful Biddcr-..The BIdder submmmg a responsIVe BId to whom Owner makes an award. 47. Supplunenlall' COl1dUlOnI--That pan or the Contract Documents whIch amends or supplements these Ceneral (:ondltlons, 4c:. Supplier--A manutacrurer, fabricator, supplJ- er, distributor. matendlman, or vendor haVing a direct contract WIth Contractor or WIth any Subcontractor to tunllsh matenals or equIpment to be mCllrpoTated ill tht~ Wort by (.'ontractor or any Subcontractor, 4Ci. Underground Faczlit/es--All underground pipelmes, condUIts, ducts, cables, WlIes, manholes, vaults, tanks, tUlmels, or other such faCIlitIes or dnachments, and any encasements contall1illg such faCllitJes, mcludm[; those that convey electrIcIty, gases, steam, hqUld petroleum products, telephone or other communlcatlons, Cd b Ie teleVISIOn, water. wastewater, storm water. other liqlllds or eherrucals, or traffic or other control systems, 50. UIll! Price Work--Work to be paid for on the hasls ofumt pnces. 51, Work-- The entlre constructlon or the various separately IdentIfiable parts thereuf required to be pHwlded under the Contract Documents. Work includes and IS the result of performmg or proViding all labor, servIces. and documentatlOD necessary to produce such conslmctlOn, and fUITnshmg, ltlsta1lll1g, and ll1corporatmg all matenals and eqUlpmem mto such constructIon. all as reqUIred by the Contract Documents. but IS eVidence that the partIes expect that the change ordered or documented by a Work Change Dlrectlye WIll be I1\corporated m a subsequentlv Issued Change Urder tollowmg negotIations by the pames dS to Its effect. if anv. on the Comnct Pnce or Contract 'T Imes, 1.0:2 Termznoiog\' A. The follov,/]ng words or terms are not rJefined hut. when used m the Blddmg ReqUIrements or C'cHltract Documents. haye the followll1g rneamng 8, 1menl of Certain Terms or A ef,ect/ves 1. The Contract Documents Include the temlS "J.s allowed," "as apPIlJved," "as ordered". "as clIrected" or terms of l1ke effect or Import to authOrize an eXtrClSe oj protesslOnal Judgment bv Engineer. In addlllOn, the adlecnve:; "reasonable." "slll1.abl e," ":!Cceptab1e," "proper." "satlstactory," or adJectlve" of like effect or Import are Ilsed to descnbc an actIOn ur detem1ll1atlOll of Engllleer as to the Work. It IS ll1tended that such exerClse of pwfesslOnal Judgment, actIOn or detemllnatlOn will be soleI V to evaluate, 111 general, the Work for compliance with the requlTements of and mforrna LIOn 111 the Contract Documents dnd conformance wJth the deSIgn concept of the completed Project as a funct](lTlll1~ whole as shown or uldlcated 111 the Contract Documents (unless thtre I:: <1 speClflc statement mdlcatll1g otherwise l. The use of <lnv such term or adjective IS not mtended tn and shall nul be etfecllve to assIgn tu Engmeer any duty or authonry te, supervlse or dIrect the performance 0 f the Work or any duty or authomy to undendke responsihrlny contrary to the provlSlons of Paragraph C).UlJ or any other pmVISlOTI of the Contract Documents. C,Dal' 1. The word "day" means a calendar daY of::'.4 hours measured from rrudmght to the nex I rrudmght. D, Defective 1. Tbt word "defective," when modifying the word "W orL" refers to Work thd t IS unsansfactory, faulty, or defiCIent 111 that it: a. does not conform to the Contract Documents, or b, does not meet the requuements of an'! applicable mspecllon, reference standard, test. or approval referred to Ul the Contract Documents, or 52 vVorlt Change DireCllve--A wrmen sta,ement to Contractor Issued on or after the Effecllve Dale of the Agreement and SIgned by Owner and recommended by En~ll1ecr order1tlg an addition, deletIon, or reVlSlOn 111 the W orL or responding to diffenng or unforeseen subsurface or phySIcal condltlOns under which the Work IS to be performed or to emergtnCles. A Work Change Duectlve will not change the Contract Pnce or the Contract TImes E,jCDC C.700 Standard General Conditions of the Constructioll Contract. Copyright (0 2002 NaIlonal Societv of Professional Engineers for EJCDC All rights reserved, 00700 ~ 7 c, has been damaged pnor to Engineer s - recommendatIOn of final payment I unless responsibIlity for the protecTIon thereof has been assumed by Owner at SubstantIal Complenon 111 accordance with Paragraph 14,04 or 14.05L , .. . . :. ) :JI . . 4 ~ ~ J J t . .- J J J ,O. I - -. -- .. -. ~ .: c ~ It . . i: I( t: l- . I- ~ C C . . " - E, FH1711Sh, install, Pn:rorm, Provl(!e l The word "furnIsh," when used lD connection vmh services. matena 15, or equlDment. shall mean to supply and deliver smd servlces_ nwtenals, or eqUIpment to tht SHe lor some other speCIfied location I readv for use or lDstallarJon and m usable OT operablt condition, ::: The word "1l1staI1." when used m connectIon with ser/lces- rnarenals, or eqUIpment, shall mean tu put mw USe' or place ltl final puslUon said services. maten'-\L, or eqUIpment complete and ready for ll1tended use J_ The words "perform" or "proVIde," when ustd Hi conntcllOn wIth serVIces, rnatena\s. or equIpment. shall rne:ln to tunllsh and lllstall saId sernces, matenals, or eqUIpment complete and ready lor mtended use_ 4 _ When "furmsh," "ll1stali," "perfonn," or "pru- vIde" IS not used m connectIOn w1th serVIces, matenals, or equlpmemin a context cle'-\r1v n:qmnng an obhgatj(lIJ of ContractoL "provllk" lS unpiled, F_ Unless statt:d otherWIse !Il the Cormact Docu- ments, words or phrases whIch have a well-known techmcaJ or construCl1oD mdustry or trade me,lDll1g al e used ll1 the Contract Documents III accordance wllh such recob'1llZed meamng ARTICLE 2 - PRELIMINAR't"MA TTERS 2,01 Deliver\! of Bonds unci EVIdence o(lnsunlnce A, When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deiiver to Owner such bonds as ContractOr may be required to furillsh, S_ Evidence (l( Insurance, Before any Work at the Site is staTted_ Contractor and Owner shall each delIver to the other, with copIes to each addltiona I msured Idennfied m the Supplementary CondItIons, certIficates of msurance I and other eVldence of Insurance whIch tIther of them or any addltlOI1al msured may reasonably request) whICh Conrractor and Owner respectlvely are reqUIred to purchase and mamtalil m accordance wlth AnlCle 5, 2,02 CopIes o( Do cumenrs A Owner shall furnish to Contractor up to ten pnmed or hard cop ItS of the Drawmgs and Project Manual. Add1\ional copIes will be furmshed upon requesr at the cost of reproductlOn, 2,()3 Commencement of Co ntrae r Times: Nonce to Proceed A The Contract Times will commence to run on the thIrtIeth dav after the EffeCTIve Date of the Agreement or. if a NOllce to Proceed IS glven, on the day mdicated m the NOllce to Proceed, A Nonce IO Proceed may be gIven at any time wlthm 3() davs after the Effe cllve Date of the Agreement. In no eveDl will the COml"act Times com- mence to run later Ulan the slxnelh day afte, the day of Bld upenmg or the thlTTleth day after the Effectlve Date of the Agreement. whichever dare IS ear her. ::;,04 Starting the Work A, Contractor shall start to perform the Work. on the date when the Contract TImes COllliYlenee tLl run_ No Work shall be done at the SHe pnor to the darc on whIch the Contracl TImes commence to run, 2_05 Be/ore Starling COnS1/"1lClllm A. Prclll111nary Schedll/cs WIthIn 10 days after the Effecnve Date of the Agreement I unless utherwlse speCIfied m the General ReqUIrements), Contractor shall subrnJt to Engmeer for timely revIew; 1, a prclIlmnary ProgTess Schedule: mdicatmg the tllnes I numbers of days or dates) for startmg and completmg the vanous stages of the Work. mcludmg any MIlestones speClfied m the Contract Documents: 2. a prelinunary Schedule of Subnnttals; and 3. a pTelirrunary Schedule of Values for all of the Work whIch mcludes quantltJes and prie es of Hems whleh when added together equal the Contract Pnce and subcl1- VI des the Work into component pans m suffiCIent detaIl to serve as the baSIS for progress payments durmg performance of the Work. Such pnces will mcludc an appropnate amount of overhead and profit applicable tv each ITem ofWorL :2, Db Preconstrucnon Conference A. Before any Wark at the Site is staned. a conference attended by OwneL Contractor, Engmeer, and others as appropnate wIll be held to establish a workmg understandmg among the partles as to the Wark and to discuss the schedules referred to m Paragraph 2,()5,A. procedures for handling Shop Drawmgs and other subrruttals, processmg ApphcalJOns for Payment, and mall1tairung reqUlred records, 2.07 Initzal Acceptance a/Schedules A_ At least 10 days before subTnisslOn of the fIrst ApplicatIOn for Payment a conference attended by ComTactor, Engineer, and others as appropnate will be held to TeYleW for acceptabilIty to Eng1l1eer as provided below the schedules subrrutted in accordance wltb Paragraph l,QS.A. Contractor shall have an addItional 10 days to make con-eenons and adJustments and to complete and resubnnt the schedules, No progress payment shall be made to Contractor until acceprabl e schedules are subnutted to Engineer EJCDC C-700 Standard G~llerl\1 Conditions ofthe Constroction Contract. Copyright ,\.j 2002 :'iationlll Society of Professional Engineers [or EJCDC. All rights reserved. 00700 - 8 4-.02 SUOswiace and Phvslcal Conditir!IJs A Reports and Drcl'vmgs: The Supplementary ConditJons Identify: 1. those reports of exploranons and tests of subsurface condltlOl1S at or connguous to tlle SIte that Engmeer has used III prepanng the Contract Documents: and ::: those rirawings of phYSIcal conditions lrJ or relating to eXlstmg' surface or subsurface strucrures at or connguous to the SHe I except Underground F acihtles) that Engmeer has used ill prepanng the (annacI Documents. B LlIIwed Reliance bv CuntraclOr ;)/1 Techmcal Dora .4 ulhorccd. Contractor may rely upon the general accuracy of UK "teclmic;.jl data" contamed III such repons anu dr'-lwmgs. tHit such reports and drawmgs are not ContracI Documents. Such "technJcal daIa" is identified 1Il the Supplementary CUndltlOns. Except for such rehance on such "teclu1Ical data," Contractor may not rely upon or make any elann against Uwner or Engmeer. or any of theIr Related l:,ntmes WIth respect ro: 1. the completeness of such reports and drawmgs for COnTractor's pumose", mcludmg, but not !inuted to, any aspects of the means, methods, techmques. sequences. and procedures of constructwn to be employed bv C\mtracIor, and safety prccaunons and programs lIlCldent thereto~ or other data, mtcrpretations, opmlOns. and mformatlOn contamed m such reports or shown or mdlC'-ltcd 1D such drawmgs: or 3. any Contractor lnterpretatlOn of or concluslOn drawn from any "techDlcal data" or any sur.:h other data, lJHerpreraoons, oplUlOns, or mrormatlOn. 4Ji~ DWcnng Subsurface or Phvslca! (:omhtlOns A. Nonce: If Contractm belIeves that any subsm- Lil;e or physlcaJ condmon at or contIguous to the Site that IS uncovered or revealed eIther: 1. is of such a nature as to establish that any "techTIlcal data" on whIch Contractor 1S entitled trJ rely as provIued m Paragraph 4.02 IS matenally maccurate; or 2. IS of such a nature as to reqUlre a change m the Contract Documems. or 3. differs materially from that shown or md1catcd !Il the C Gntract Documents: or 4. IS of an unusual nature, and differs marenally from condItIons ordmanly encountered and general1y recogmzed as inherent lD work of the character proVIded for m the Contract Documents: then Contracror shall. promptly after becomll1g aware thereof and before funher dtsturbmg the subsurface or phvslcaJ condmons or perforfnJng any W()r~ In connec- tIon thereWIth I except LD an emergency as reqUIrer! by Paragraph b.lo.A), notIfy Owner and Engllleer 111 WTnmg about such r.:ondmon. Contractor shall nO! tunher d1srurb such conchllon or perfoml any Work. in connectIOn therewith (except as aforesaId) until recelpI of WrItten order to do so. B Engl71cCl"s ReVieW' After receIpt of wntten notice as reqUIred by Paragraph 4,rn .A, Engrneer WI]] promptly reVIew the penment condItIOn, Jetermme the necessItv of Owner's obtammg additIonal exploratIon or tests WIth respect thereto, and adVIse Owner 111 wntmg (w1tb a copy to Contractor) of EnglIIeer" s findmgs and cone Ius IOns. C. Possible Pnce and Times Ad]ustrnems 1. The Contract Pnce or the Contract TImes, or both, will be equJtably adjusted to the extent that the eXISrence of such diffenng subsurfal;e or physJcal condHlOn causes an ll1crcase or decrease In Contrc.ctor' s cust of. or tlme requued tor, performance of the Work: sub] ect, however, to the followmg: a. such cond1tlOn must meet anyone or more of the cc.tegones described m Parab'Tc.ph 4.03.A: and b. wlth respect to Work that IS paid for on a Unit Pnce Basis, any adjustment m Contract Pnce WIll be subject to the prOVISIOns of Para.graphs 907 and 11.03. 2. Contractor shall not be entitled to any adjustment 111 the Contract Pnce or Contract TImes if: a. Contractor knew of the existence uf such conditlOns at the Orne Contractor made a final comnutrnent to Owner WIth respect to Contract Pnce and Contract TImes by the submISSIon of a Bid or becommg bound under a negotIated contract: or b. the eXlSlence of such condItion could reasonably have been dIscovered or revealed as a result of any exammanon, lDvesngatlOn. explo- ratlOn, test, or study of the Site and contIgUOUS areas reqUITed by the BIdding Requuemems or Contract Documems to be conducted by or for Contractor pnor to Contractor's making such final cornrrmment: or EJCDC ('-700 St3l1(j:ard General Conditions of the Construction Contract. Copyright It 2002 National Society of Professional Engineers for EJCOC. All rights reserved. n1l71l0_ 11 ~ - ------- ~. .-.. . -- ,.- " II: C It l- . . .: c c .. . l- t: C C p - C, CODtraCWr fmled to give the \vrmen notice as reqUIred bv P amgraph 4 03.A. 3, If O'-''Tler and Contractor are unable to agree on enntlement to or on the amount or extent. If ilny, of ill1V lllilustment 1Il the Contract Price or ComraCl TImes. (II' both, a C:LllHl ma y be made therefor as provIded m PJragraph ] (LU5 However. O'-"11er and Engineer, and anv elt thelT' IZtLned Enrmes shilll not be l1able [() Contractor for al1\' claims. COSIS. losses. or damages Imcludmg but n,-,t lllnJled II'> all ree:; lme! charges of engIneers, archnecls ,1tIunlev". ilnd other professlol1als ilnd all court or ilrt))lranOn or l~ther dIspute resolutlon costS I sustamed by I_,'cmtractor on cn Irl connectlOlI with anv other project or 11l11KJpmed proJect. 4(1)4 Underground FLlClline.\ A. Shown or }ndu;,.Jlc(i' The mfom1al1ol1 and ciata shown or mcl1cated m the Contract Documents with rec;nect \0 e:,.lslnl~' Underground racil1tles at or COTlllguous l() the SHe IS based on mformalJon and data runlIShtd tll ()wner or Engmeer hy the owners of such Underground F:lCllincs, mdudmg Owner, or hI' others, IJniess Jl I:; otherWise express Iv provIded m the Sup- pierm:marv CondItions: l, Ovvner and Engmeer sh:lll not be responsible for the :lccuracv ur cornpletene:;s of any such mfonnatlOn or Qata: ;111d "> the cost of all of the followmg will be mcluded 111 the Contract Pnce, and Contractor sh:lll have full responsibilny for: a, revlewmg and checkmg all such infom1atlOn and da ta, b. locatmg all Underground FaCllines sho'-"11 or mdlca ted lD the Contract Documents, c. coordmation of the Work WIth the owners of such Underground F aCJ 11 lles. mcludmg OvvneL dunng constructIOn. and d. the safery and protecnon of all such Under- pound FacilitIes and repauUlg any damage thereto resullmg from the Work. B. Nol Show)) or lnd/cared promptly revIew the Underground FaulHY and determwe the extent If any, 10 whIch a change IS reqUired ll1 the ConITaet Documems to reflect and document the consequences of the exIstence or locar.i on of the Under- ground Faclhty. Dunng such nme. ConITauor shall be responsible for the saferv and pro tecllon of such Underground Facihtv 2, If Engmeer conciudes that a change m tht Contract Documents IS reqUired. a Work Change Dlrectlve or a Change Order wlll be ISS ued to reneet ano oocument sULh consequences, All equ 111lble lldluSlrnenl shall be milde In the Contract Pnce or (~"OnlraCl Tm1eco. or noth, to the extent that thev are attributable to the eXistence ur location of anv Underground FaCllnv that was not sh0wn or 1I1dlcated or not sbown <II Hlchcaled WIth reasonable accuracy 1I1 the ('onn'act Documents ,JIxl that C:ontractor dId not know of and cou Id nut reasonably have been expected to be aware of or to have anllclpatecL If 1~IWntr and Contractor are unab Ie to agree cm entlt!ement W Of on the amount Of extent. If anY. of anv such adjustment III Contract Pnce or Ct'llltracl Tm1e'i. O'-"11er or Contractor mav make a c~bl]'l1 thereJor as provided lD Paragraph I u05 4.05 Referencc POilUS A. Owner shall prOVIde engmeenn:; survey:; lcl estahlish reference pomts for constnlCTlOn whIch 111 Engmeer's Judgment are necessary to enable C'clTItractor tl) proceed WIth the Work. ContraCTOr sball be responsible for laymg out the Work. shall protect and preserve the established reference pOll1ts and properry monuments, (J.l1d shall make no changes or relocations wnhout the pnOI wntten approval of Owner. (_:ontractoT shal1 repon to Engmeer whenever any reference point or property monument IS lost or destroyed or reqUlres reiocanoTJ because of necessary changes m grades or locanons, and shall be responsible for the accurate replacement or relocatIOn of such reference pomts or properry monumems by professlOnallv qualified personnel. 4.06 Hazardous Env//'o))nJenW! Condllwn ar Sue A. Repon:; and Drawl/1gs Reference 1:; made 10 the Supplementary ConditIOns Cor the Iclenl111catlOn of those reporIs and drawmgs relanng to a Hazardous EnVironmental Condition Idennflcd at the Site, if any. that have been ul1l1zed by the Engmeer ll1 the preparanon of the Contract Documents. B. Lmllled Reliance 0.1' l--:Olllracw/, 0/1 h'd//1lea! Dala Aurhonzed: Contractor may rely upon the general accuracv of the "technical dam" contamed ill such repom and drawmgs. but such repons and dra wmgs are not Contract Documents. Such "technIc a] data" IS Idemified 111 the Supplementary Condnions. Except for such rehance on such "technical data," ConITaClOr ma)' not relv upon or make any claim against Owner or Engineer. or any of thm Related Emities wtth respect to: 1 if an Underground Facihtv IS uncovered or revealed at or connguous to the Site whIch was not sho'-"11 or mdlcated. or not shown or ll10icated With reasonable accuracy' m the Contract Documents. Contractor shalL promptly atter becommg aware thereof and before further dlsrurhmg conditIOns affected therehy or perforrrung any Work 1ll connecnon therewnh (except in an emergency as reqUired by Paragraph 616.A), IdentIfy the owner of such Underground Facility and glYe wntten nonce to that owner and to Ov.'1ler and Engineer. Engmeer will EJCDC C -700 Standard General Cunditions of the Construction Contract. Copyright C<;) 2002 National Society of Professional Engineers for EJCnc. All rights reserved. 00700 - 12 1, the complereness of such repons and drawmgs for Contractor's purposes, mcluding, but not linuted to. any aspects of the means, methods, techniques. sequem;es and procedures o[ constructJon to be employed hy Contractor and safety precautions and programs mCldent thereto; or other data, mterpretatlOns, opmlOns and infoITTlanon contameJ m such repons or shown or mdlcated In such drawrngs, or 3. anv Contractor mrerpretatton o[ or conclusIOn drawn from anv ..tecluJlcal data" or any such other datil, mrerpretallOns. OpllllODS or mtormanon, C. Conrractor shall not be responsible for anv Hazardous EnVIronmental Condmon uncovered or re- vealed at the Sne willch was not shown or incl1cared lD Drawmgs or SpcClflcanons or Identlfied lJl the Contract Documents to be wnhm thc scope of the Work. Contractor shall he responsible tor a Hazardous EnVIronmental ConditlOn created wlth any matenals hrought to the Site by Contractor, Subcontractors, Suppl1ers, or J.nvone elsc for whom Contractor IS responsible. D, If Contractor encounters a Hazardous EnVironmental CondItIon or if Contractor or anyone [or whom Contractol IS responsible creates a Hazardous Envlronmental Condi [lOn, Contractor shall lfTlInedlarely: (il secure or otherWise Isolate such condit1On; (ii) stop all W (lrk m connection wlth such conditlOl1 and m any area affected tJlereby I except m an emergency as requued by Paragraph 6,lti.A); and (iil) notify Owner and Engmeer (and promptly thereafter confunJ such notlCe in wntmg), Owner shall prompt! y consult wlth Engmeer concemmg the necesslty for Owner to retam a qualified expert to evaluate such condiuotl or take correctJVe actIon, if any. E. Contractor shall not be reqUJred to resume Work m connecl1on with such condItion or many aiTected area until after Uvvner has obtamed ;my reqUlred penTlns related thereto and delivered \0 Contractor wntten notice: II) speclfymg that such condItlOn and any affected area IS or has been rendcred sate for the resumpnon of Work; or IIi) speclfymg any special conditlons 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 111 Contract Pnce or Contract TImes, or both. as a result of such Work stop- page or such special condmons under which Work IS agreed to be resumed by Contractor, eIther party may make a ClaIm therefor as provlcted m Paragraph \ 0,05. enutiement to or on the amount or extent, If any, of an adjustment m Contract Pnce or Contract Times as a result of delenng such portlon of the Work, then either pam' mav make a Clmm therefor as prOVIded 111 Paragraph ] (J()5, Owner may have such deleted portlOn of the Work performed bv Owner's own forces or others ltl accordance wnh A111cle 7, C, To the fullest extent perrmtred by Laws and Regulanons, Owner shall mdemrufy and hold harmless COlllractor, Subcontractors, and Engineer. and Ihe officers. directors, partners, employees, agents, consultants, and subcontractors of each and anv of them from and agamst all dalms, costs, losses, and damages Imcludmg but not lmuted to aJJ fees and charges uf engmeers, archltects, attorneys, and other profeSSIOnals and all court or 3rbltralJOn or other dispute resolutlOn costs) ans111g oul of Or relating to d Hazardous Envltonn1ental Condinon, provlded that such Hazardous Envlromnental COl1dmon: (i I was not shown Or mdlcated m the Drawings or SpeClIlcanons or idennfied 11l the Contract Documents to be mcluded wlthll1 the scope of the Work, and I ji) was not created by Contractor or by anyone for whom ContraCtOr IS responsible. Nothmg III thIS Parat,'Taph 4.u6, G shall ubligate Owner to mdemlllfy anv lndlVldual or entity frum and against the conse" quences of that indiVIdual's or ennty's own negllgence, H. To the fullest extent penmtted by Laws and Regulations, Cuntractor shall mderornfy and hold hamlless Owner and Engmeer, and the officers, dnectors, partners, employees, agents, consultants, and subcontractors of each and any of them from and agawst all clamlS, costs, losses, and damages (includmg but not Iinuted to all fees and charges of engineers, archItects, attorneys, and other professlOnals and all court Or arbltranon or other dispute resolutJon costs) ansmg uut of or relat111g to a Hazardous EnVironmental ConchtlOn created by Contractor or hy anyone for whom Contractor is responsible, N othmg in tlus Parap'aph 4.06.H shall obhgate Contractor to mdemnify any mdivldual or entIty from and agamst the consequences of that mdivldual's Or entIty's own negligence, 1. The provislOns of Paragraphs 4.02. 403, and 4.04 do not apply to a Hazardous EnvlIonmemal CondltlOn uncovered or revealed at the Site, ARTICLE 5 - BONDS AND INSUMNCE 5,01 PeljOrmance, Pavment, and Other Bonds F, If after receIpt of such wntten notIce A. Contractor shall furnish performance and (.'ontractor does not agree to resume such Work based on payment bonds, each m an amount at least equal to the a reasonable belief it IS unsafe, or does not agree to Contract Pnce as security for the faIthful performance and resume such Work under such specwl condJtlOns, then payment of all of Contractor's obligatIons under the Owner may order the pomon of the Work that is in the Contract Documents, These bonds shall remain 111 effect area affected by such condition to be deleted from the until one year after the dare when final payment becomes Wark.. If C'wner and Contractor cannot agree as to due or untl! completIon of the correctlon penod speCIfied E.lCDC (.700 Standard General Conditions uftne Construction Cuntract. Copyright ~ 200;? Natiunal Society of Professional Engineers for EJCDC. All rights reserved, ilO"7nn _ , 1. - ~,.,,-:<:'l. . -l- ---"', --t..= ~'.'I :. ~ :- .. .. .- ~ :II :II , -I .... . . J - , C R . It .. . ~ c -: It . I- ~ C C ~ It - l!l Paragraph \3.07, whlChever IS later. except as provided otherwISe bv Laws or RegulatIons or by the COnlTaC! Documents. Contractor shall also furmsh such other bonds as are required by the ConITac! Documents. B All bonds shall be m the roml prescribed by the ConrraCl Documems except JS provIded otherwlse by Laws or Re:;ula\lons, and shall \it executed by such surelJes as are nJll1ed l!1 tile current list of "Compames Holdm\C (enilicates of Authornv as Acceptable Surenes on Federal Bonds and as Acceptable RClllsunng Compa~ mes" ~IS published 1Jl CIrcular 570 (amended) by the FlnanCw.\ i\1anagemcnr SerYICe, Surety Bond Branch, U.S. Depamnent of the Tre~sury. All bonds Signed by an agent must be accompal1led bv a certified copy of the agent" s authonty to act C. If the surety Oil any bond furnIshed by Conrractor IS declJred bankrupt or becomes msolvent or Its nght to du busmess IS terrmnated in any state where '-lny part of the Project lS loc'-lted or It ceases to meet the reqUIrements of Paragraph :).0 I.B, Conrractor shall promptly noufy Owner and Engmeer and shall, wlthm 20 days after the event glvmg nsc to such nonficatlOn, provIde another bond '-lnd surety, both of whlch shJlJ comply with the reqmremems of Paragraphs:).O I.B and 5.02. 5.02 Lu;en.\ed Surcncs and insurers A. All bonds and msurance reqUIred by the (:onrract Documents to he purchased and rnaintamed bv Owner ur Contractor shall be obtamed from surery or msurance compames that are duly licensed or authonzed m the JunsdlctlOll In whIch the Project IS located to Issue bonds or Illsurance poliCies for the hUlltS and coverages so reqUired. Such surety and msurance comparues shall also meet such addItIOnal reqUIrements and qualificatIons as may be proVIded m tbe Supplementary Condinons. 5.03 Ccrtificau!s Dflnsurance A. Contractor shall deliver to Owner, WIth COplCS to each adchtlOnal msuredIdentlfled m the Supplementary CondItIons. certlficates of Insurance I and other eVIdence of insurance requested by Owner or any other addltlOnal msured I whIch ConrracTOr is reqUIred to purchase and mall1tam. B. Owner shall delIver to Contractor, WIth copIes to each additIonal msured IdentIfied 111 the Supplementary Conditions, certIficates of Insurance \ and other eVIdence 0.[ Insurance requested by Contractor or any other addIllOnal msured I which Owner IS reqUIred to pUIchase and maIntam. 5.04 Cuntractor's Liabilzrv insurance trom claIms set forth below whICh may arIse out of or result from Conrractor s performance of the Work and Contractor's other oblIgatIons under the Conrract Documents. whether it ]S to be perfoffi"lcd by Conrractor, any Subconrractor or Supplier, or by anyone dlfectly or mdlrectly employed bv anv of them to perfoml any of the WorL or by anyone for whose acts any of them may be lIable: 1. claln1S under disabiht:. benefits, and other acts, workers' compensatlOn. smular emplovee benciit :::. claIms for damages because of bodilv lDJurv, occupanunal slCkness or dIsease, or death of Conn'actor's emplo yees: 3. claims for damages because of bodily mlUry, SIckness or dlseJse, or death of any person other than Conrractor' 5 emplovees; 4. clJlD1S for damage;: msured lw reasonably available personal IDJury lIabIlity coverage which are sus- tamed: a. bv any person as a result of an otlense duect!y or mdirectly related to the emp lovment of such person by Contractor, or b. by any other ptrSOll for any other reason: 5. claIms for damages. other than to the Wor}.; rtself, because of inJUI)' to or destructIon of tangible property wherever located, includmg loss of use resultIng therefrom; and 6. clallns for damages hecause ofbodi]y Injury or death of any person or property damage ansrng out of the ownershlp, mamtenance or use of any motor vehicle. B. The policies of msuranct rcqUlred by tlns Paragraph 5.04 shall 1. with respect to Il1surance reqUired by Paragraphs ).04.A.3 through 504.A.6 !Delusive. mcludc as addillonal msured (subject to any customary exclUSIOn regardmg professlOnalliabilJtyl Owner and Engmeer, and any other indlvlduals or enlltIes IdenlIfied ID the Supple- mentary Condlllons. all of whom shall be listed as addi- tIOnal msureds, and mclude coverage for the respectIve officers, dIrectors, parmers, employees. agents, consultants and subcontractors of each and any of all such additIOnal insureds, and the msurance afforded to these addltlonal insureds shall prOVIde pn!llil.ry coverage for all claIms covered thereby; ::. mclude at least the specific coverages and be wrItten for not less than the hums of liabilIty provided m the Supplementary Conditions or required by Laws or Regulanons, whlchever IS greater; A. Conrractor shall purchase and maintam such liability and other insurance as IS appropnate for the Work bewg performed and as will provlde protectIon EJCDC C-700 Standard GeneralC.onditiO/ls of the Construction Con\rsct. Copyri~ht <J) 2002 National Society of Professional Engineers for E.lCDC All rights reserved. 00700 - 14 -:) mclude completed operations msurance: 4, mclude contractUal covenng Contractor's mdemnlty Paragraphs b, II and c.,,2(), liabihty msurance obligatIons under .5 conralll a provlsloD or endorsement tbm the cnveral!e afforded wIll Dot be canceled, matenally ch::mged or renewal refused until at least 30 days pnor wntten nOllce has been glven to Owner and Contractor and (D eacb other addmonaJ rnsured IdentIiled In the Supplementary Condmons to V"I~I)m a certificate of lIIS11ranCC has been Issued I and the certIficates of msurance turmshed by the Cm1CracLOr pursuant to P:Hagraph 5 JJ3 w1l1 so provide), 6, remam III effect at kast until [mal pavment :l1ld at all times thereafter when Contractor may be correcting, rcmovmg, or replaung defectJve Wor\-.: 1Il accordance with Paragraph [j,U7: and (, wllh respect to completed operatIons U1sur~ ance, and any msurance coverage wntten on a clamLS- made baSIS, remam 1tl effect for at It::J.st rwo years after final payment. a Contractor shall funllSh Owner and each other additional msured identIfied ll1 the Supple.. memary CondltHlI1S, to whom a cemficate of lTlSuranc:e has been Issued, eVldence satIsfactory to Uwncr and any such addl\)ona] insured 0 (' cOntmuatlOTI of such msurance ill final payment and one year thereatter 5. OS Owner's Lwhilzrv insurance A, In addnlOD to the msurance reqUIred to be proVIded hy Contractor under Paragraph 504, Owner, at Owner's opnon, may purchase and rnamtam at Owner's expense Owner's own 113bility lllsurance as will protect (Jwner agamst dauns whIch rllilY ilnse from operallons unde:r the Contract Documents. 5,06 Propertv Insurance A. Unless otherWIse proVIded m the Supple- mentary C:ondinons. Owner shall pLlIchase and mamlam property mSLlIance upon the Work at the Site 111 the amount of the full replacement cost thereof I subject to such deductible amounts as may be provided 1D the Supplementary ConditlODs or requneri by Laws and Regulanons I. Tl1lS msurance shall: 1. mclude the interests of O\V11tT. Contractor. Subcontractors, and Engmeer, and any other mdIvIduals or enntles ldentified m the Supplementary Condlllons. and the officers, dueclOrs, panners, employees. agents, consultants and subcontractors of each and any of them, each of whom IS deemed to have an 1I1surabJe mterest and shall be listed as an msured or addItIonal msured: 'l be wrmen on a Budder's RIsk "all-fISk"' or I.lren peril or speCIal causes of loss poll cv fom, that s ba II at least mclude msurance for phYSIcal loss or damage tn the Work. temporary bUildings. false work. and marenals and equipment lD tranSIt. and shall msu.re ag3.1l1st at least the fo!luwmg penis or causes of loss: fire, lighrnmg, extended coverage, theft, vandahsn") and D1al1clOus mJSChlef. e::lrthquake. collapse, debns removal. demulItIOIl oc;aslOned bv enforcemem of La ws Jnd RegulatlOns, water damage, lather than caused by Oood I and such other penls <)[ causes of loss as ma v be speed]" cally reqlJlred by the Supplememarv CondlllOns: _\. mclude expenses ltlcurred 11l the repaIr or replacement 01 Jny I!lsured propenv (mcludmg but nO! lImJted to fees and charges ot engmeers and Jrchllects), 4. cover matenals and eqUIpment stored ;ll tll': Site or at another locatIon tbat was agreed ({; lrl wnt1l1g rl\ (lwncr pnor 10 be1l1g I11corporated 111 the W orh, proVIded that such malenals and equJpmenl have been lIleluded 1fl an Application for Payment recommended hy Enpneer; ,.. allow for partial utJhzatlon of the W orh by Owner; D. Include testmg and startup: and i. be maintamcd ll1 effect until Gnal payment IS made unless ottwrwl~e agreed to m \VrJtlllg bv Owner, Contractor, and Engineer with 30 days wrltten notIce (t> each other addItIOnal Insuted to whom a ctrtlIlcate of IDsurance has been I~sued. B, Owner shall purchase and mamtam such boiler and machmery Ulsurance or addItIonal property lI1surance as may be reqUIred by the Supplementary ConditIOns or Laws and RegulatIOns which wlll melude the interests of Owner, ContracIDr, Subcontractors, and Engmeer, and any other lllcl1vlduah or enlltIes identified m the Supplementary ConditlOTl5. and the officers, directors, partners, employees, agents, consultants Jnd subcontractors of each and any 01 them, each of whom IS deemed (0 have an msurable mterest and shall be listed <:I:, an msured or addJllOnalmsurecl. C. All the pohc)e~ of lI1surance (and the certifi- cates or other eVIdence thereof! reqUIred to he purchased and mamtamed m accordance wIth Paragraph 5.06 WIll contam a proVIsion or endorsement that the coverage afforded will not be canceled or matcmdly changed or renewal rerused unnl at least 30 days pnor wntten notice has been glVen to Owner and Contractor and to each other additIOnal Insured to whom a certificate of insurance has been Issued and will contalI1 waIver proVISIons m accor- dance with Paragraph 507, 0, O\V11er shall not be respons ible for purchasmg and maimammg any property insurance speCIfied in thIS Paragraph 5.06 to protect the mterests of ContractoL Subcontractors, or others 111 the Work to the extent of any EJCDC C. 700 Standard General Conditions of the Constructiun Contract. Copyright (~ 2002 National Suclety of Profess;onal Engineers for E.JCDC. All rights reserved. 00700 . 15 ~. .--- - --.. ""'19:'" -- ....., -- ~ :JI !I . 4 .. . :. :II , .. . .. :i 3 :I 3 4 .. -- -- --.. . . -- - -- --- --- . . .. . . ~ C It .. . . IC C. ,. ~ deducllblr arnOU!ll" that are IOentIllecl m the Supple- mentary ,~'ondllJons, The nsk of loss wIthm such Icknufiecl deoUCtlbje ~mount wllI be Dome by Contractor. Subcontractors. or others suffenng am: such loss. and If all\ of ttlem wIshes propel1) msurancc coverage wIthm the lmucs ,Jf such amounlS. each ma\' purchase and rnamtall1l1 aI the purchaser s own expense. L If Contractor requests In WIllIng that other speCl~ll msurance bc mc I ucleJ Il1 the propenv lllsurance puhues prclVlded under ParJt:raph :;.Db. c>vmer shalL If pl>sSIble. lllcjude such 1.11surancc. and the cost thereot" wIll hi" charged t(1 CllntTJ.ctOT by Jppropnate C::hange Ordcr PrIll[ to cmnmell\.:emenl r,f the Wor].; at the SHe, Owner shJl1 ITl vmung adVIse 1"emtraClnr whehcr or no1 such oIhn lI1SlJrJnce has been procured bv Owner. 50'J' /Jil/I'!-'r III NI,,'hn A Owner and \"ilntrdclor mtcwJ that all pol1cles purch:"sed II1 Jccordance wIth Paragraph ~,()b wlll prmcc! Uvmer. Contractor. SubCUDlra\:lOrs. and Engmeer, ~1l1c1 all lIther llldlVldua\s elr entItle, ldennfied 1I1 the Supple- mentarv \ :(lnditlOIls lo be lIsIed as Insureds or addnlOnal lIlsured'; I and the offlCerS. dm:ctors, partners, employees. Jl'cnts. consultants and subconnactors of eacn and any of Ihcm I ][I such POhClef: and will prOVIde pnmarv coverage for all losse,; and damages caused hy the pcnls or cause:.; of loss covered thereby All such rohcles shall contal.ll provIslOns to the effect that m the event of pavment of any loss ur damage the illsurers will have no nghts of recovery agamst '-Iny of the msurcds or addlllonal msureds thereunder Owner and C:O!lrractor walVe JlI nghts Jgainst each other ,md theJr respective officers, dneclOrs, [lJnners, emniovees, "'gents, consultants and subcoIltractor,,; of each ilnd any of them for all losses and damages caused by, anslDg out of or resultmg horn anv of the penls or causes of loss covered bv such polleles and Clny olher propeny lDsurancc applIcable to the Work: and, ll1 JddItlon, walve all such nghts Jgamst Suhcomractor". Jnd Engllleer. and all other mdlvIduals or enlllles lt1enrIfied In tbe Supplementary Condlllons to De listed as ll1sured or addltJonal lUsurerl I and tbe officers. dncclOrs. parmer,;. empluvees, agents, consultants and subcontractors of eac hand anv 0 f them \ under such pOlIClb for losses and damages so caused. None of the above WJlvers shall extend to the nghts that any panv nmkmg sucb wal \Tr ma v 11Jve to the proceeds of lTlsurancc held bv Owner as trustee or otherWIse payable under any policy 50 Issued B, Owner .walve,; all ng:hts agamst ContractoL Subconnactors. and Eng:meer, and the officers. dIrectors. partners. employees. a "eIlts, consultants and .. - ,;ubcomractors of each and an',' of them for: 1 loss dU(; to busmes5 mtelTUpnon. loss of use. or other consequenna] loss extendIng beyond dnect phYSical loss or damage w Owner s propt:rty or tbe Vi or\" caused by. arismg out of.. or resultmg from fire or other penis whether or notlllsurer! bv Owner; ane 2, loss or damage to the cOillpleted Project or part thereof caused by, ansing out or. or resulrm~c from fire or other Insured pen! or cause of loss covered bv ~llJ\' propeny Insurance mamtameJ on the completed PrOlect or pJrt thereof by Owner durinlC parmi 11llllzatlon pursuant to Para~fJ.ph [4,0:5. after Substantlal Completion pursuant 10 Paragraph ]4,04. or after finJ! payment pursuant to Paragraph 14.07, C. Any lllsurance polIcy rnaIntamed bv Uwner covenng any loss, damagt or consequenllal 10s:; referred to m Paragraph 5,07.B shall conlam provISll1nS to tll': effecl thal III the event o( pavment of any ,;uch loss. damage, or consequenna I loss. the Insurers \vill have no rll;hlS oC recoven' agamst Contractor. Suhcono'actors, ,or Engmeer. and the officers. r!lfectors, panners, emplIlYee~. agent", consultants and subcontractors I) f each and any cd them. :5 ,oc; Rr:c:clpl ilnd AppliCillllJ11 or JI1SU runcl: Prucecdl A Any insured loss under the policle:, I.>f msurance reqUlrcd by Paragraph :5 .011 wIl] be adjusted wllh Owner and made pavahle to ()wner as fiduCIarv tor the msureds. as theIr mterests mav appear, sUDJec1 to tht, rcqulfcrnents of '-Iny applIcahle mongage clause and oj Paragraph :5.08.B. C)wncr shall clepos11 ITl a separate account any money so receIver! and shall dIstribute It m accordance WIth such agreement as the pame~ HI mttrest may reach. If no other speCIal agreement IS reached. the damaged Work shall be repaIred or replaced. the moneys sn receIved applied 011 account thereof. and the W Ofk and the cost thereof covered by an appropnate Change Order B. Owner '-IS fjduclurv shall have powcr to adjust and settle any loss with the msurers Iillless one of the partles m mterest shall obJecl 111 writmg wIthlII IS day,; after Ihe occunence of loss to Owner's ex.el'Clse of thF power. If such objectIon be made. OWnel as fiduCIary shall make settlement wlth the II1surers ll1 accordance WIth such agreement as the pames 1[1 Imerest may reach, If nr, such agreement among the pames 111 IntereSt 1S reached, Owner as flduClary shall adjust and scttle the loss WIth the insurers and. If requued 111 wTltmg by any party III mteresr. Owner as fiduciary shall gIve Dond for the proper performance of such dunes, ~.09 Acceptal1ce o( Bonds ,md fn.wrwlce: Opllon 10 Replclce A. If ellher Owner or Contractor has any ObleC110n to the coverage afforded by or other prOVIsion,; of the bonds or insurance reqUAred to be purchased and mamtamed by the other pany ill accordance w1th Amell' ~. on the basis of non-conformance WIth the Contract EJCDC (:-700 5[anllard General Conditions of Ihe ConstruClion ContracL Copyright 19 2002 National Socletv of Professional Engineers [or EJCDC All rights reserved. 007011 . 16 [JncumerlLS_ the objcctmg panv shal1 SCl notify the other panv m vv'!ltmg wnhm lu days atter receIpt of the cenifJcates lor other eVIdence requested) reqmred by Paragrapb 2_01.B Owner and Contractor shall each proviJe to the \Jther such addmonal mfonnanon Il1 respect of InsuraIlce provHkd as the other may reasonably rCOlleSl. If eIther pany does nor plln.:hase or mamtam all of thl~ bOIld~, and ltlsurance reOlmed or such p;uTy by the U_lTltrac1 Uocuments_ such pany shall nonlv the other part\' In \\'THing of such Lnlure co purchase pnor to the stan of the Won:. or of SUCIl fadure to rnamtall1 pnar [(i ,my change In the requlfed coverage, Wlthout prejudICe (() any other nght or remedy_ the otheI p<lny mav elect III o'o,am equlVaJent bonus or msurance to protect such other panv', Il1terests <It the expense u r the partv who was reqUlred tll provlde such coverage, and a Change (Jrder shall be Issued to ildJust t.he COnlTilCt Pnce aCCI'Jrdmgly ~,] () Punwl (/IIIcallOl1, Ackl1owh:dglllenr o( Pro[!cn\' Insurer A_ If Owner finds 1l necessary to occupy or ust' d pomon or portions of the Work pnor to Substantial CompletIOn of all t.he Work ilS provlued m Paragraph 14 U~" I1(! such use ur occupancy shall commence before t.he lIISUJcrs prOViding thl: property Il1surance pUTSllant to Panlg:raph 5 _U6 have acknowledged notice thereof and m wnllng effected any changes HI covenl!:e necessHated thereby, The IDsurer:; provIGmg t.he pwpenv insurance shalJ consenl bv endorsement on the pollcy or pohcles, hut t.he propen\ U1SUfance shall nOl be c~lDce!cd or perrmtted ro lapse on acconnt of any such parual use or occupancv ART1CLE 6 - CONTRACTOR'S RESPONSIB1UTlES G_O 1 SuperVISZlil1 and Supenntendence A_ ConITactor shall supernse, lDSpect and (hrect the Work competently and effiCIently, devoting such attentIOn therew and app\ymg such skills and expertlse as may be necessarv to perfonn the Work 1Tl accordance with tbe Contract Documents Contractor shall be solely- responsible for the mCD-ns. methods, techmqueo._ sequences. and procedures of consnUCllon, ContrD-ctor shall not be responsible for the negligence of Owner or Engmeer ill the deSIgn or speClflcauon of a specific means_ method, techmque. sequence, or procedure of constructIon which IS shown or mdicated m and expressly requned bv the Cuntract Documents, 8 At all umr::s durmg the progress of the Wor\.:. Contractor shall asslgn a competent reSident supenn- tendent. who shall not be replaced wtthout written notlcc to Ciwner and Engineer except under exnaordmarv cncumstances. The supenntenuent w1l1 be Contractor' 5 representatJve at the SHe and shall have authonty to act on behalf of Contractor, All commumcatlOns glVen to or receIved from the supenntendent sh<lll be bmdmg 1)11 C l)ntractor b,O;; Labor' IForklllg Hours A, Contractor shall provJlic competent, sunably qualifled persOlU\el to sur.'f'\' and la\' out the Wmk .md pertOl1TI constructIon as reqUIred by the Contract Docu- ments C oIltrJCtor shall Jt all urnes m~l1ntam good dlSCI' plme and order at the SIte, E_ Except as otherWIse reqUIred for the safely l_'r protecHon of persons or the Work or property at the SIfe ,)I' adpcent thereto. and except a, otherWIse Slated m the Contract Document.s, all Work at the SHe slull he performed uunng regular WorklIl~' hours_ ConmlCtOJ WIll not pen-mt the perfom-mnce 01 Work on J SalUrr1aV, Sunday, or any legCiI hollda\' WIthout Owner s wrmen c"nsent I which w1I1 not be unreasonabl y wlthhe Id I g]l'eu after pnar wnnen notlCt' to EngmetT b,li?, SerVices, M(1[enull, (IlId Equlpmt'1I1 A, Unless otherWise specii'lcd ill the Cont.ract Documents, Cumracror shail provldc and assume full responsibilitv telr all services, matenals, eqUIpment. labor. tran"ponatIOTl, comtl1lCllOTl eqUIpment. and machmerv, tools, appliance,;. fuel, power. lIght, heaL telephone, water. samrarv facilllles. temomurY taCllint;-" und all other faClhtles and mCldentals necessary for t.he performance, teslmg, start-up, and completIOn of the Work. B All marenals and eqUIpment lIlcorporatecllI1to the Work shal1 be as specified or. lf not speCIfied, shall be of goou quality and new, except as other\Vlse prOVided 1!J the Contracl Documents, Ail speCla] warrannes and guarantees reqUlred by the SpeCificatIons shall expressly run to the benefit of Owner. If reqUIred by Engmeer, C~ontractor shalJ furrush satlsfaclOry eV1dence (includmg reports of reqlllred tests) as to the source, bnd, and qual1ty of matc!lals <lnd equipment. C. Ail matenals and equipment shall he stored, applietL lilst.alled, conncCIed, erected, protected. usecL cle;metL and condmoned 1I1 accordance W1th lllstmCnons of tilt applicable Supplier. except as otherWise ma\ be pro\'lded 111 the Contract Document::;, 6,04 Progress ,,)dredulc A, Contractor shall adhere to the Progress Schedule established 1Il accnrdance WIth Paragraph 2,07 as 11 may be adjusted from llme to tlme as provlded below, EJCllC C-700 Standard General Conditions ot the Construction Contract, Copyright IS;:: 2002 National Socicry of Professional E.ngineers tor EJCDC. All rights reserved. nn7nn _ 17 ... .. - --- ..-- ~ --- ------- ---- .....-- .". ~- ..- - .. own:- :a :. :- . .. ... .. . :II :II , .. ~ . - .:; -,. - . ._~ ~ -- - --- .. -- -.. - - . - . - -- .. .. -c -t: l- . . , c c . . I- - \. ConU"actor shall subrrut to Engmeer for accept;'\l1ce (to the extent malcHed In Paragraph 2.07 \ proposed adJustments In the Progress Schedule that will nol re"ulI m chJn!,'lTlg the Commcl Times Such adJusl- ments wll! comply wlth Jnv provISIOns of the (;eneral Re- qUIrements appllcable thereto. :'.) It will confom1 substannally lO the det::l1led reqmrements of the \tern named 1rl tht: Contract Documents. -, SubstJtlltc ltems " Propose(i adjustments In the Progress Schedule t!1Jt wll] change the Lonrract Times shall be ;ubmH1eJ 111 accordance WIt!J the reqUIrement', of Anlclt L'. AdJustment:; 111 COIlITacl Tnnes ITlav unly be made bv a Change Order a. If In Engmeer" s sole discretion an Hem OJ matenal or eqmpment proposc-d b\' ConrrJctor does not qualify as an "or-equal" ilem under P:Jragrapb 6.05.A. L It WII1 be cODSlderecl J proposed substllllte nem. (dJ', SlI!>.\[lIl1{CS Lind "ljr-ErJlwls" b. Conrractor shall subnllI suffiCIent mforrnanon as provldeo below (0 allo w En.l!weer to detemune that the Item \)C matenal \)f eqmpment proposed lS essentlallv eqmvalent tu that named ami an acceptable substltUle therefor. R.equests for reView of proposed substllutc Items l)j matenal or eqUlpmenl WI]] not be accepted b\' Engmeer from anYone other than Contractor A Whenever an Item ue m:ltenal or equIpment IS speClficd ,lr descnhed Il1 the COnlract Documents by Ibll1[! the name of a propnetarv Hem OJ lhe name of a pal1lcular SupplIer, the speClf](;ltlOl1 or descnptJon ]S mtended lu estabhsb the type, juncnon, appearance, and qualny reuUlred. Unless the speuficatlOn or descnptlon contJ1llS ,Ir IS followecJ hy worcL rcadlllg that no like. eqUlvakl1l, ur "ur-cq 11JI" Item or nu substl1utlon IS pCIlTllned, other ltCIl1S of mJlcnal or equIpment or matenal or equlpmenl (If other Suppher,; mav be sub[l1lI1l~d to Engll1cer j()r reV1CW tlnder the cncumSlances descnbecJ below. c The requIrements for revIew by Engll1eer will he as set forth m Parab,'Tapb b 05A.2.cJ. as supplemented Il1 the General Rcqmrements and as EnglOeer may decide IS appropnatc lmelcr the cncuil1Stances. 1. "(),--EquuJ" items__ If U1 Engmeer's sole d]scretlon "n Item of malenal or eqUlpment proposed by CtmtT<lctoT IS functlonal1v equal to that named and suttlclently SImilar so that no change in related Work WIll be requued, II may be considered bv Engmeer as an '\lr-cqu:J!" Itern, m whKh case review and approval of the pnmosed Item may. lD Engmeer's sole rhscretlOn, be accornpl1shed wlthouT compltance with some or all of the requlrements for approval of proposed SubstlUlte Items. For the purposes of thIS Parag:raph b.05.A.!' a proposed Item 01 nulenal or eqUIpment wlll be conSidered functlOnallv equal TO an ltem so named If d. Contractor shall make wntten applicanon to Engmeer for revIew of a proposed substItute Item of matenal or eqmpment that CDntractor seeks to TImnsh or use. The application: 1) shall cernfy that the -proposed Substl- rute !tern WIll: a I perform adequately the functlOm and achIeve the results called for by the general deslgn, a. 1fl the exerCIse of reasonable JudgmenT EnglDeer deterrrunes thar: bl be sunilar m substance to that specifier!' and 11 It ]s at least eLJual III constIllCllOn, quahry, durablhry, strength, and deSIgn charactenstlcs; matenals of appearance, cl be smted to the same use as that speclficd: 21 will state: 2) It will rehably perfom1 aT leaST cquallv well the function and achieve the results Imposed by the cJeslgn concept oj the completed Project as a fUnCtlOlllng whole, al the extent, if any, to which the use of the proposed substJnltc ltem will preJu- tllce Contractor's achIevement of Substannal CompletlOn on tlme: :3) It has a provCl1 record of perfOlmancc and availabill tV of responsIve servIce: and b I whether or not use of the proposed subsnrute Item in the Work wIll Teature a change ll1 any of the Contract Docu- mems lor 111 the provlSlons of any other direct contract wlth Owner for other work on the Project} to adapt the deSIgn to the proposed substitute Hem: and b. (_'ontractor cel11iles that If approved and ll1corporatecl uno the Work: 1) there Wlll be no increase ill cost to the Ovmer or mcrease 111 Contract Times, and EJCDC C-700 Stanu3rd Gener:ll Conditions of the Constructiun Contracr. Copyright '.0 2002 National Society of Professional Engioeers for EJCDC. All rights reserved. OOinn _ 1 ~ C I whether or nO[ mcorporanon or use of the prooosed suhstltute item 1D COn- necnon wlth the Work IS SUbjeCT 10 payment of any llcense fee or royalty, 3) will Identlfy a) all vanatlons of the proposed substlwte Hem from that speuEicd . and b I avmlahle eng-meenng, sales. mmntenance, repair. and replacement seTYlces. 4) and shall contain an ItemIzed estJ- mate or all COSIS or credIts that WIll result (hrectl" or mdHcctly from use of such SubStlmle lleTTL mcludmg costs of redeSIgn and claIms of other contractors affected by any resulnng change, B. Suhsnruu: Construc!I(l17 Methods ,')1" ProCE:- dures: If a speclfic means, method. technIque, sequence, or procedure of constructlon IS expressly reqUIred bv tbe Conrract Documents, Contractor maY fumlsh or utiltze a substitute means, method, technique, sequence, or procedure \If consrructlOI1 approved bv Engmeer. (.:ontractor shall subrrut sufficlent mfOImallOn lu allow Lng-meeT, m Engmeer's sole dIscretlOn, to detemune that the substItute proposed IS eqUlvaknt to that expressly c:al1ed for by the Contract uocurnents. The reqUJrements for revIew by I::ngmeer will be SImilar to those prOVIded m Paragraph 6.GS.A.::. C Engzneer's EvalHemon Engmeer wi]] be allowed a reasonable tJme wlthm whIch to evaluate each proposal or subnunal made pursuant to Paragraphs o.G5.A and 6.05.B. Engmeer may reqUlre Contractor to fumlsh additlOnal data about the proposed substItute Hem. Engmeer WI]] he the sole Judge of acceptablhty No "or eaua]" or s\lbstJtute WIll be ordered, msralled or utihzcd until Engmeer's reYleW lS complete, WhlCh WIll be eVIdenced by eIther a Change Order for a SubstJtUle or an approved Shop Dra wmg for an "or equaL" Engmeer will adVIse (:ontractor 111 wntmg of any negatIve Jetenmnanon. D. Specwl Guarantee: Owner may require C.ontractor to furnish at Contractor's expense a speCIal performance guarantee or other surety WIth respect to any substltule. E Engmeer'5 C:os! RezmDLlrsemel1l: Engmeer WIll record Engmeer's costs m eyaluatmg a subsntute proposed or submitted by Contractor pursuam to Paragraphs 6.05.A_2 and 6.05.B Whether or not Engmeer approves a subsntute ltem so proposed or subrrutted by Contractor. Concracwf shall reimburse Owner for the charges of Engmeer for evaluanng each such proposed SUDstltute, ContractDr shall also reImburse Owner for the charges of Engmeer for making changes m the Contract Documents (or m the provlsrons ot any other Jlfect conn'Jct WIth Owner) resuJtmg frum the ;\cceptance 01 each proposed subsnnlle. F. Contracli)/,j' Expense ConlTacwr shall pruvlde all data m support oC any proposed substitute ur "or-equal" .It Contractor's exvense. tJ.O() Cl'l1c.'ernmg Others c. , dllDCOl1traClnrS. Suppliers, A Contractor shall nor em plov any Subcon- tractor. Suppher. or other ll1dJvldua) or cntltv (1lJcll1dzn~' those acceptable to Owner ;\S mdlc ::ned m Paragr~ph 0.U6.B), whether mltwllv llr ii, iI replacement. agalTist whom Owner may have reasonahle oblectlOn. C UfltraClor shall not be requaecJ trJ emplov any SubcomraclOL Supplier. or other llldividual Dr entHy w fUrrll':!J Dr' perfom1 any of the Work agamst wi! om C:untrJclor has reasonable obJectlOD. B. If the Supplementary CondItions requuc the Idennty of cemun Subcontractors, Suppl1ers. UT other mdlvlduals or enntles to be submi TIed to Owner III advance for acceptance by Owner b '/ J specdied date pnor (0 the Effective Date of the Agreement, and If (;ontractor has subm.Jtted a 11st thereoC tll accordance WIn1 the Supplementary ConditlOns, Ch;vner', acceptanc'~ I eIther 1Tl wnnng or by failmg to make wnttcn Ob]eCllOn thereto hy the date mdlcaled for accepIance or (lhJectlOn lTI the Blddmg DOCUmellt5 or the CODLTact Documents I 01 any such Subconmrctor, Supplier, or other mdlvldual or entltv so ldentlfied may he revoked on the hasIs of reaSOll- able ob]eCnOll after due mvestlganOT!. Contractor shal] submit an acceptable replacement for the relected Suhcontractor, Suppl1er, or other mdlv1dual or entIty, and the CorlITact Pnce will be adjusted bv tbe difference 111 the cost occaslOned by such replacement. and an appropnate Change Order will be Issued. No acceptance by Owner of any such Subcontractor, Supplier. or other mdlvlciual or cntlty, whether lTutJallv or as a replacement. shall consll- mte a waIver \)f any nght of (Jwner or Engmeer to rqect defectJVe Work. C. Contractor shall be fully responsihle to Owner and Engmecr for all acts and orrusSlOns of the Subcontractors, Supphers, and other mdlvlduals or entll1es perfomung: or fumIshmg any of the Work .Just ;\s Conrractor IS responsible for Contractor's owr act~; and OmJSSlons. Nothmg m the Contract Documents' 1. shall create for the benefit of any such Subconm.\Ctor. Supp I in, or other mdivIdual or entllv m1\' contractual relationshIp between Owner Of Engmeer and anv such Subcontractor. Supplier or atIltr mOl vidual or entity, nor , shall anythmg lD the C antraet Documents create any ohligatJon on the part of Owner or Engineer to payor j() see to the payment of any monevs due all'i such Subcontractor. Suppher. or other mcl1vldua] E.lCDC (-700 :,r"noard General Conditions of the Construction Contr"c!. Copyright <0 2002 National Society of l'rofessiunal Engineers fOr EJCDC. All rights reserved. Oll700 - 19 ..,...,,-.' -- . ..".,.. - .. ~ --.. W'P und .... -- 9mr fill' ....:; - -- 'WfI/!.. -- . - -~~-- .- .. .- IL-- .. ,- .-- . .- :I J J J II . -- ~ - t . la' , C C ~ . . . IC C -= p . I- .: C C p . l- . I. -. or emH:/ except as m:J\' utherwlst be reomred by Laws Jnd Re~llblJons U, I_~'.llmactor ,hall be solei\' responsIble for scheduling and coorull1aung the Work of SUDcontraCtors, Supplrers and other mUI\'louals or entitles perfomllnl! or rllnJlshll1~ am of the Work under Q ,ilrect ur mdlrect COJ1[ruu WIth ('unITac lor E C'lrmactor shall reqUIre all SllbcoDlLlCtors_ :;llppllerc" and ,;uch other mdlVlullaL or entltlC:S per- JOrI1llng or tUI11lshmg any or the Work to COmm\HllC:Jte wlth Engmeer through (~- onrractor F The diVISIons and sectlons OT the Speclflcu- tlun_s unci the IdenlJflcatJons of any Ijrawll1gs shall not cunrn;11 Cmltraclor In chvidll1g the Work among Subcon- tr~lCrors ,Ir Sllpplrers or ,lelllle~llIng tbe \\lurk tu be ptrJurrned hv an\' speCIfic trane_ ,_, All Work performed for ContraclOr by ~l Suhcontractor or ,~:llppher Will he pursuant to an appro- pn~Jle agreement between ContTaclOr and the ::,uhcontraCWf 01 :,uppller whIch speclflcallv bmds the Suhcontractor OJ' Supplier to the appficable terms and condmom of the (on11'act Documents for the benefIt of I)wnCf and En!,'llleer. Whenever Jnv such agreement IS with ,) Subconrractor or Supplter who IS hsted as an adciHlOl1a] lllsured on the property lllsurance provided In Paragraph 5 _OIJ, the agreement betwcen the Contractor and the Subcontractor or Suppher will contam provlslOm whereby the Sllbconlracror or Supplier walVes all n,uhts Zl!:, amSl CJWrler. ContractoI'. and Engmeet" and all other mdlYlduals or ent1l1es IdentIfied 111 the Supplementary Condition;, to be hsted as insureds or Jddlt10nal ll1sureds I and the ,)Hlccrs, directors, parmers, employees, agents, consultants and suhcontractors of each and any of them I tor all losse, and damages caused ny, ansmg ,Jut of, reLrtmg to, or resu1tmg from any of the penis or causes of loss covcrcd bv such pohcIes and any other properw Insurance apphcable to the W orL If the Insurers on any such pohcles rcqune separate waIver Torms to be signed bv any Subconn-actor or Supplrer. ConITactor will ohtall1 the same, (LlJ; {'wenl Fees ond R()vlliIlt'S A, ConITactor shall pay all hcense fees and royaltIes and assume all costs ltIcldent to the use ll1 the perfomlance of lhe W (Jrk or the lI1corporatJon 111 the Work uT any InventJOn, deSIgn, process, product. or deVIce whIch IS the subWC\ llf patent nghts or copynghls held by others_ If a pamcular mvenuon, deSIgn, process, product or deVIce IS speCIfied ll1 the ConITact Documents Tor use 1Il the performance of the Work and If to the actual knowlecit;e of Owner or Engilleer Its use Is'subJect to patent fights or copvnghts calling for the payment of QnY hcense fet~ or rovalry to others, the eXIstence of such fights shall be dISC lased by Owner m the Conrract Documenls, B To the tullest extent pemutted by LJWS and RegulatIOns, ConITactor shall mdeo1I11fy and hold narmless Owner and Engmeer. and the ufficers, dIH;ctors, parmers, employees. agems_ c ol1S11ltants and subcontractors of eJch and any of them_ trom and aga111St all claIms, costs. losses, and dJmages ( includmg but not lmmed to all ices and charges of engmeers_ architects, anomevs, and other profeSSlOnJls and all court or arbmatJon or other dispute resulutwn costs I ansmg out of ur rela-tmg ((\ any ll1fnngrment of patcnt nghts or cOP:YT1ght;, 1l1ULienl to the use ll1 the performance ,If the Wor!; or resultmg from the ll\corporatlon m the Work of any ITlVenllon_ deSIgn, process, product, or deVlcr not speCIfied 111 the ConITact Uocuments (J_II!; Perm liS A_ Unless otherWIse provlded 111 thr Supplr- memary ConditIOns, Contractor shall () btam and pay for ~l]] conSTruCtion permIts and hcenses_ C)Wl1e:r shall assIst CunITactor. when necessary, m obwmmg such permlls and heenses ConIT<.1ctor shall pay all goyenunental charges and lIlSpeCtIOn fees necessary for the prosecutIon of the Work WhlCh are applicJble at the Wne of opernng of Blds_ or. If there are no BIds. on the Effective [hle of the Agreement. Owner shall pay all charges of utility owners for COlmectlOns for proViding permanent servlcc to the Work. b,()li Laws and Reguiallons A_ Contractor shall gIve all notices reqUlrecl nv and shall comply WIth all Laws and RegulatlO!lS applica- hie to the performance of the Work. Except where otherwtse expressly reqUlrecl hy applicable Laws and Regulations, neither Owner nor Engmeer shall be responsible for momtonng Contractor's compliance wlth anv Laws or RegulatIOns. B, If Contractor performs any Work knowmg or haVIng rcason to know that It IS contrary 10 Laws or Regulanons, Contractor shall bear all cl31ms. costs, losses, and damages (mcludmg but [Jot limited to all fees and charges of engmeers, arcnllects, attomevs, and other profeSSIOnals and all court or arbItratIon or other dIspute resolutIOn cOStS I ansmg out of or relatIng to such Work. However. It shall !lot be Contractor's pnmary responsiblhty to make certam that the SpeClfiCJtlOns and Drawll1gs are m accordance WIth Laws and Regulauons, but thIS shall not relleve Contractor of Conrractor' s obliganons under Paragraph 303_ C. Changes III La ws or Regula tiom not known at the time of opening of BIds (or. on the Effective Date of the Agreement If there were no BIds I ha vmg an effect on the cost or time of performance of the Work shall be the subject of an adjustment m ConITact Pnce or ContraCl Times, If Owner and Contractor are unahle 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 ill Paragraph 10,0.5, EJCDC C-700 Standard General Conditions of (he Construction Contract. Copyright 19 2002 Natiunal Suciety of Profe$sional Engineers for EJCDC. All rights reserved, 00700 - 20 td 0 Taxes A. Contracwf shall pay all sales. consumer, use, and other sllmiar taxes requned hi be pa1d by Conrractor In accordance wllh the Laws and Regulanons of the place of the Pro]ect whlch are applicable dunng the pertom1ance of the Wark. r).11 Use lit Sae ?1/1d Other Areas A. LW11tatlOn 011 Use <:)f SlIe and Other Areas C.'onlracror shall conEne constmcnon eqUlp- ment. the storage of matenals and eqUipment. and the operatIons of workers t() the SHe and other areas penmtted hv Laws and RegulatlO115, and shall not unreasonably encumber the Sne and other areas w1th constructIOn eyuIpmcnt or other materials or eqUIpment. Contractor shall assume full responsibilny tor any damage to any such land or area, or to the owner or occupant thereat. or of any ad!<lcent land or areas resllltmg from the performance of the Work. :::. Should any clalm be made hy any such owner or occupant because of the performance of the Work, Conrractor shall promptly settle WIth such othtT party by negotli;l1l0n or otherwlse resol ve the claIm by arblrrJtlOTl or ot.her dispute resolullon proceedll1g or at law. 3. To the fullest extent penmtted by Laws i\Ild Re!:mlations, Clmrractor shall mdemIllfy and hold harmless Ciw-ncr and Engmeer, and the officers, duectors, panners, employees, agents, consultants and subcontractors of each and any of them from and agamst all clauns, costs. losse". and damages (ll1cludmg but not hmlted 10 all fet:s and charges of engmeers, archnccts, arromevs, and other professlOna]s anel all court or arbItratIOn or other dlspllte n:solunon costs) arismg out of Of relanng to any clalm or aCllon. legal or equnable, brought by any such owner or occupant aga1Ilst Owner, Engmeer. or any other partY mdcmmfied hereunder tl, the (~xtt:nt caused by or based upon Contractor's performance of the Work. 8. Removal oiDehns Dunng Pel/orm(1l1cc at the Work' Durmg the progress of the Work Contractor shall keep the Sne and other areas free from accumulanons of waste materials. mbblsh. and other debns. Removal and dlsposal of such waste matenals, rubblsh. and other debns shall conform to applIcable Laws and Regulatlons. C. Cleanll1g Pnor to Substantlal C:omplenon of the Work Contractor shall clean the Site and the Work and make II rt:ady for un!izanon hv Owner. At the com- plenon of the Work.Contractor shall remove from the SHe all tools. applIances, constTUC1l0n eqmpmcnt and machmery, and surplus matenals and shall restore to ongmal condinon a11 propem' not deslgnated for a)teranon by the Contract Documents. D Loading Srrucrurcs: Contractor shall nOI load nor pen-nlt any part of any Sln/crure to be ioaded In ilDV manner that wlll endanger the srruCture. nor shall Conuactor suhJect any pan of the \lv' orl. or adJacenl propeny 10 snesses or pressures that will endanger n. 1).12 RecOI-r! Documenrs A. Contractor shall mamtam 111 a safe place at the Sltf one record COPy of all [Jr::lwmgs. Spec1f1callons. Addenda. Change (Jrders, Work Change [Jlrecnve;.. FIeld Orderc,. and wntten 1l1lerpretanons and clanijcanollS 111 good oHier and annotated to show changes made dunn~ ConS1l11Cllon. These record documents t(l"ethcr wnh all approved Samples and a counterpan of i:l.1I appruved Shor fJrawmgs wlll be available lC> Engmeer for reference Upon cornpletlOn of the W ork. thes<~ record documents. Sample". and Shop Drawmgs wIll be deiIycreLi w [m;l- neer lor Uwner. h 13 ,';LJ1etv and /'rorCUWI1 /\. Conrractor shall be solely tesponsible tor ll1111aLmg, ma111talIlll1g and supervlsmg <lll safety preeall- nons and programs lD connectIon WIth the Work (~ontractor shall take all necessary precautlOns for the safety of, and shall proVIde the necessarv protecnon 10 prevent damage, I11Jurv or loss to: 1. all persons on the Site or who may he affected by the Work :;.. all the Work and matenals and eql11pment to be mcorporated therem, whether ll1 storage on or off the SHe: 8.11d 3. other property al the Site or adjacent thereto. mcluding Q"("es, shrubs, lawn;;. walks. p,JVemcnts, roadways, structures. utllines, and Underground r; aCllllIes not dt:s1gnated for removal, rclocatlOn, or replacement In the course of construCl1on. B Contractor shall comply w1th all applicable Laws and RegulatlOns rclatmg to the safety of persons or properry, or to the protectlOTl of persons or pronem' from damage, lllJurV, or loss: and shall cree t and l11all1L8.Ul all necessary safeguards for such saferv and prOleCtlOn. Conrractor shall notlfy owncrs of ad] acent propeny and of Underground Facllines and other lltilny owners when proseCUllon of the Work may affect them. and shall cooperate WIth them 111 the protectIon, remoyal. relocanon, and replacement of their propert\'. C. All dama;;e.l!llUrV, or loss III anY propertY referred tn In Paragraph 6.13.A.2 or 6.13..4.3 caused. direct]" ,:n mdlJectly, in whole or 111 part, by COnrraClOI. an\' Subconrractor. Suppher. or any other mdlvldual or entity duectl)' or mduectly employed by any of them 10 perfonn any of the Work, or anyone for whose acts <iny of tht:m ma:: be hable. shall be remedied by Contractor I except damage or loss amibutable to the fault of Draw- EJCDC C-7()() Standard (,eneral Conditions of the Con.nrucIlon Contract. Copyright It) 2002 National Society uf Professional Engineers for EJCDC. All rights reserved. 00700 . 21 -t .. -- :i :. :- ., .. -t .. -- ~ , , -t .. -- :i :J :I II . -I . . - l- . . ~ c c . .: 1-" . l- e c t Pi @I' h, , C C p . III . I. .... 1m:"; or Specl ficatlol1s or to the acts or unUSSlOns of ()\~'Tler or Engmcer or , or anvone emploved Dy Jnv OT them. or anvone' for whose acts any of them may be habit. and not amlbulable. directly or mdlrectly. III whoie or lf1 part. tel lfle faul t or negligence of ( ontraclOr or anI' :'-;ubconrractoL Suppl1er. or other IndIVIdual or entJt\ dlrcnh' or Indlrectlv employed by anv of them) fj l~'omracrnr s dUlles Jnd responslbllltTeS for salerv and for ofOtectlon ot' the V'/ork shall contlnue unu! 'iuch tlTm:: JS all the \V'llk IS completed and Englfleer has Issued a notlce I u CJ wner and L!Onrractor 111 accordance IVllh f'anll'raph 14 (i7.B that the W,)rk IS ,Kceptable il'~;cepl :lS otherWise expresslv provldecl 111 connectIOn ,-vlth Sub"rantlal ('ornplctlOn). 11 lei Sa/CTr N''pU.'.\I'l1lcUlVC A. 1::untTactor shall desllum!e d I.juahfied and experIenced ';altl'y' n:presentatlvt: at tht: 31[0' whose duties and re~;pC)!1S]bllltle~', shid1 bt: the prevenuon uf accIdents md 1.l1(' m;HnlaIflmg and sUperVISll1i< u1 safety preCJlltJOllS ami progr;lTlls 0. ] c. Hrr(lrd r.:>mv71u/1/C(1lllJll Progroms A. CODlracror shall be responsible for coordl- nat1n~ any exch~mge of matenal safety data sheets or olher haz:;ncl commumcatJon mformanon requIred \0 be made Q vallahk 10 ur exchanged between or among emplovers at the Site In Jccordanc~ wlIh Laws ()f RegulatlOm. ().I!.) Emergcnclcs A In emer!-!encles affectm~' the safery or protec. lion of persons or the W oek or propnry at the Site or adJacent thereto. Contractor IS obhgated to aCl to prevent threalened damage. Injurv, or loss I:~onrractor shall give Engmeer prompt wnnen notice lf Contractor beheves thaT Jny slgmficant changes U1 the Work or vanatlOns horn the Contrael Documents have been caused thereby or are rcq\l1red as :\ result thereof If Engmeer deternune" th;lt J change m the Cunrract Documents ]S reqUlred hecause of the at;t!on taken hy Connaetor m response to such an emelflt'ncv, a Wnd: Change Dlrect]ve or Change Circler wIll he lssued. iLl i Sho!, !Jr(J\'\'lngs Lind Samples A. Contractor shall submJt Shop Drawmgs and Samples to Engmeer for revIew and approval In accor- dance WIth the acceptable Schedule of SubImttals (as requIred D) P '-Iragra ph :2 07J Each su brmttal wIll be Identlfied '-IS Engmeer ma y reqUIre. l. Shop Drawmg:: a. Subrmt number of copIes specIfied in the General ReqUIrements. b. Data shown on the Shop Drawmgs wi]] be compleTe with respeC! tl) Cjuan Ilues. dnTIellSlOns. speClfied performance and deSIgn crJtena. materwls, and slmllar daw to show Engll1eer the serVIces, m;ltenals. and eqUlpmem Conrractor proposes to provIde and to enable EllI;meer to revIew the ll1formatJon for the- IltmreJ purposes requned by Paragraph b.l-:.D ,';omples Conrractor shall also subnu( Samples tu Engmeer fur renew and approval m accor- dance wlth the acceptable schedule of Sbop Drawll1go and Sampie submIttal', a. 'submH number of Samples speClfled 111 the SpecIflcanons. b Clearly idennfy each :jamp Ie a~ tu matenal Supplier, pertmenl clara such as catalug number" the ust: 101 whIch Il1tended and other dala as Engineer may rel.jUlre to en;J.ble Engmeel to rev]ew the submmal for the lrnliled purposes reqUIred by Paragraph o.17,n. B Where a Shop Drawmg or Sample IS reqlllred hv the Contract Documents or lhe Schedllie of SunmJtlals , any related Work pertormed pnor to Engmeer's revIew and approval of the pertment suhmlttal will he aT the sok expense and responsibihtv of Contractor. - Submmal Procedllre~; 1. Before suhTTuttmg each SllOp Drawmg {)f Sample, Contractor shali have deTemuned and verified: a. all field measurements. quantlt]es. dImensIOns. specifIed performance and desIgn eraena, InstallatIon reqlurements, matenals. catalog numbers, and smular ll1formatlOn WIth respect thereto; b. the su]tabillty of all matenals With respect 10 mtended use, fabncJtlOn. sluppmg, handhng. slOragc, assembly, and mstal1atlOn pertammg to the performance of the Wor!:; c. all mfo rrnaJ I on relaTive to r::ol1tnctor". responsibditles j()r means. methods, lechmques. sequences, and pfOceclures of constn]ct!on. aud safety precautions and prog:r'-lms lf1cldent thereto. and d. shall also have revIewed and coordmated e'-lch Shop Drawmg or Sample wllh other Shop DIil\vmg:s and Sampies and wIth the reqUirements of the V.:ork .md the ContTJCt Documents. 2 Each subnuttal shall bear a stamp or specrfi c \Vritten certlficatlOn that ,-::onrractor has sansfied Conrractoy's obhgatlons under the Contract Documents EJCDC C-70U ~randard General Conditions of the Cunslructiun Contract. Copyright 1~1 2U02 Nallonal Suciety of Professional Engineers for EJcnc. All righls reserved. 01)700 - 22 wIth respect to Contractor's revIew and ctpproval of thaI submIttal. 3 With each submmal. Contractor shall gIve Engmeer speCIfic wntten notIce of any vanatlOns, that the Shop Drawmg or Sample may have ii'om the reqUIrements 01 the ConmlCt Documents ThIS nonce shall be both a wntten communication separate from the Shop Drawmr;' s or Sampk Submmal. and, m addlllOn_ bv a speCIfic: notatlOlI mark on each ;:;hop Drawlllg or Sample submlt- teei to Engmeer for revIew and ctpproval I)f each suc h vanatlon, D Engll1l!ers ReView I. Engmter will prov\ne tIme I '/ reVllW of Shop LJrawinf,'s ~md ::;ample:; 11) accordance wlli! the Scherlule of Suhrmrtais acccplahle 1<1 En[Cmeer. Engmeer's reVle" and approval will be onlv III de[ermme If the Hems (livered hy the submmals will. after lllstallal10n or Ill(Orporauo!l \!l the Work, contorm 10 the lllfo!111atlon glVen 111 the Contract Documents and be compatlhle with the deSIgn concept of tht completed Project as a functlonlIlg whole as InclIcared bv the Contract Docu. merns, , Engmcer' s revIew and approval will not extend to me~ms, methods, teehmques, sequences, or procedures or C0l1stnlCl10n I except where a paTtlcuJar means, method, technllJue, sequence, or procedure 01 C011- StrUClIon IS speCIfically and expressly called lor by the Contract Documents I or to S;lfetv prCC;lUI10nS or proh'Tam;; Il1Clrle!ll thereto, The revIew and approval of a separate Item as such Will nor Il1dlcate approval of the <tssembly lrl wtnch the !tern functIons Eng1l1eer -' reVlew aDd approv,d shall DOl rel1eve Conn'actor from responslfnhry for any vanatlon from the reqUirements of the Conn'act Documents unless C:onn'actor has complred WIth the reqUIrements of :':lTagraph b.17.C: and Engmeer has gIven wrmen approval of each such vanallon by speCIfic wnnen II\)tallOn thereof lDcorporated m or accornpanVlllg the ~;hop DraWIng or Sample, I::ngmeer's revIew ancl approval shall not rdlew C ontracror from responsibilIty for complvlD~' wlth the recnnrements of Paragraph 6.17.C. i. E. Resubmzrta/ Procedures 1. ('ontraclOT shall make correctIOns reqUIred by En!;Jneer and shall rerum the reqUIred !lumber of cor- rected caples of Shop Drawmgs and subnuL as reqUired, new Samples for reVlew and approval. Contractor shall direct speufic anenllun m V\Tllmg to reVISIOns other than the correctlOns c:alled for by Engmeer on prevlOus submJttals, (i.I8 C'onmwlng the Itor): A. i,-.oTltracror shall carry on the Work and adhere to the Progress Schedule dunng all disputes or dIsagreements with Owuer. No Work shall be debyed or postponed pendmg resolullon of an:; dlspme:i or dIsagreements, except as permmed bv Paragraph 15,(14 or as C)wner and Contractor may otherWlse agree In WTltmg, (), 1'--1 C()l1fractor '\' GCl1cra! Warmnn' and lJlwrUl7lt't' A, Contractor warrants and gU3.rantee~; to Ijwner that ,dl Work WIll be Il1 accordance with the COnrrciC\ Documents and will not be detective En"llleer and liS Rela\ed Entllles shall be Cl1t1tled to rely un representation of Cuntractor- s warrantv and guarantee, B, ContracTOr's warrantv and "Uilranlet hereunder excludes defects or damage caused bv I, abuse, modification, or Impropcr m~mlena!1(e ()r uoeratlOn bv persons other than ConrmC\oL Sun- contTaclOrs, Suppliers, or any olher mdlvidual ()r enmV' for whum CuntT<tcror IS responsible; or -, normal wear and tear under normal usage C Contraetor's obhgallon to perform dnd complete the Work III accordance wnh the C-'ul1lract Documents shall he absolute. None of the foll()WlIli,' will constitute an acceptance of Work that [S not 111 accord<tnce WIth the Contract Documents or a release of ContraCI(lf_, I1bl1gauon to perform the Work III accordanct WIth the C-'ontract Documents: ]. observations by Engrneer: 2, reconunendatlOn by Engineer or p~l'(ment by Owucr 0 [' anv progress or final payment; J, the Issuance of a cemficate of SUDstantlal CompletIOn by Engmeer or any pavrnent related thereto by Owner: 4. use or occupancy of' the liV ork or any ran thereof by Owner; S, any revIew and approval of a Shop Dra Wl!Jg <if S~mDle submIttal or the Issuance of a notlce of acceplahil" Ity by Engmeer; 6, any mspectlon, test, or approval by others: fJr 7. anv eorreetlOn of defectIve Wori: hy Owner 6,20 !ndeml7l(zcallo/J A, To the fullest extent penmtted by Laws and RegulatIons. Contractor shall mdemmfv and hold hamliess Owner and Engmeer. and the 0 fIicers, QlreClOrs, partne":" employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (includrng but not lmuted 10 all fees and charges of engineers, arclmects, anomevs, and other professlOnals and all court or EJCDC C-700 ::-tandard General Conditions uf the Cunstruction Contract. Copyright I{, 2002 National Society of Professional Engineen for EJCDC All rights reserved, 00700 - 23 -t .. ..- :. =- , -- .. .- :. :. , '!I .. -t .. III :i , , -t . -- :i t I II ~ C C IC . .: .' , c r: p ". ~ III IB, C C r . l- . III ..- arbltTation or other dIspute resoiullon cOSts I ;msmg out of vr re lann", to the performance of the Work, provIded thaI Jnv such elJnn. cos\. loss. or damage IS attnbutable to hodl]v mJury, SIckness, disease. or death, or 10 mJur;.' to or deslTuct!o!l of tangible propeny lother than the WorK llselfl, mcludmg the loss of use resultm~ therefrom but onl,,' to the extent laLlsed by any negligent act or OnllSSlOn oj (:onITactor, an,,' Subconuactor, any SUDp[ler, or any Il1OIYj(lual or ent1r:, drrectlv or mdlrectly employed bv an\' elf them teJ perform anv of the Work or anyone for whose aLIS anI' "I' them nuv be liabie . 8 III any and all claIms agamst Owner or cn:cllleer or anv of theIr resrect!ve consultants. agents, I >tflcer::;. ciuectors. partners, or employees by any employ- ~~: (or the survIvor ur persona] represemat!ve of such nnplovee I \l( (. 11l1ITaclor, anv SubconITactoL any Suprlin, or any IIldivHlucll or ennr, dnectlv or IIldlrectlv emDioycd by allV uf them to perJorrn any of the WorL or "lrlvone for whust' acts anv of them may be liable. the Indermuficatlon Ub]lg::111lJn under Para:naph 6,2U.A shall not be ]lTmted m ;lllY wav by any litrutallon on the amoW1t or type of damages, compensatlOTl. or benefits payable by Llr 1m Contractor or any such Suhcontractor, Supplier, or olher llldlvldua] ur entIty uDder worker::;' compensallon <!cle., ciIsabIlltv benefit acts, or other employee bencfn aClS. C. The mctemIllficanon obligations of Contractor under Parauraph 1),2().A shall not extend to the hability of Engmeer and Engmeer' ,; officero, directors, panners, employee::;. a.genlo, consultants and suhconITactors anslDg ()utof: 1, the preparal10n or approval of, or the failure 10 prepare or appruve, maps, Drawmgs, oplIllOm, reports, survey::;, Change \Jrders, deSIgns, or SpecificatIOn::;; or ) g]vmg c!Jreetlons or instruction::;, or fallmg to gIve them. If that I::; the pnmary cause of the ll1]Llry or damaue. t).21 Delegation oiPrnlessumal DeSign Sen'lces /\, Contractor wtll not be requHed to proVIde prote~s]onal design servIce:; unless such ::;erVlces arc ::;peClfical]y requHed hv the ConITact Documems for a roman 0 f the Work or unless sue h servIces are req Ulred to carry out ContTo.etor S respomiblhtles for constructlOn means, methods, rechmques, sequences and procedures. Contracwr ::;hall not be reqUTred to proVIde professlOnal ::;erV]Ct:S III VIOlatIon of apphcabie !a"v, shall appear on all drawll1gs. caleulallons. specification::;, certifications. Shop Drawmgs and other subrruttals prepared by such professlOnaL Shop Drawmgs and other subnllttals related to the \V ork deSIgned or cernfied by such professIOnal. if prepared bv others. shall bear such professIOnal's ""Tlnen approval when subnllned to Engll1eer. C Owner and Engmee!- shall be enutled to relv upon the adequac\', accurac/ and cornpleteness of the services. cemiicallons or approvals performed by such deSIgn profeSSIOnals, proVIded OWTler and Engmeer h~lve specified to COnITaClOr all perfOTIllanCe and desli!n cntt'n~l that such servIces must sallsfy D Pursuant to thiS Paragraph (L2 L EnglIlecr ::; reVlew and approval of design calcul::ll1ons and deSIgn drawmgs will be only for the lmlJtecl purpose of checkll1); for conformance wnh perfomlance and design cnten a gIven and the deSIgn concept expre::;sed lTl the ConITact Document::;, Engllleer\ review and approval of Shop Drawlllgs ~md other ::;ubnunals (except de,]g:n calculaIluns and deSIgn drawings I will bt' only tor the parpust' stated III Paragraph b 170,1. E, COnITaClOr shall not bl' responsihlt' for the adequacy of the performance or cieslb,'TI cntert:J requm:o by the (;onITact Documents, ARTlCLE 7 - OTHER WORX AT THE SITE 70] Related Wurk ilf Szte A. Owner may perfoffi] other work related to thc Project at the SHe with O\VTIer's emplovees, or Vla other dIrect contracts therefor, or have other work. perforrm~cl by utility owners, If ::;ueh other work IS not noted m the Con- tract Documents, then: 1, Wrltten notlce thereof will be gIven to Contractor pnor to startmg any such other work: and 2. if Owner and CumraclOr art: uno.ble to agree on t:ntltlement to or on the amount or extem, IJ any, 01 any adjustment In the Contract Pnce or Contract Tunes that should be allowed as a result of such other work. a elaITn may be made therefor as provided III Paragraph 1005 B, ConITactor shall afford each other conITactor who ]5 a party to such a direct contract each utihty, owner B. If profeSSIOnal deSIgn servIces or and Uwner, If Ovmer IS perfornung other work with cemfical1ut!s bv 3 deSIgn professlOnal related to systems, Ovmer's employees, proper and safe access to the SIte. a matenals or eOUlpmem Jre specifically requued of reasonable opportlillTty for the inIToductlOn and storage uf ConITactor by the Contract Documellls, Owner and matenals and equipment and the execution of such other Engmeer w!!] speCIfy all performance and deSIgn cntena work, and shall properly coordmate the \V ork WIth theIrS. that such servICes must sansfy, ConITactor shall cause ConITactor shall do all eumng, fimng, and patchmg of tht: such servIces or c emficatlons to be prOVided by a Work that may be requued to properly connect or properly licensed professlOnaL whose sIgnature and seal otherwIse make !ts several pans come toeether and EJCDC C-700 Standard General Conditions of the Construction Contract. Cop~right Ii) ZOOZ National Society of Professional Engineers for EJCDC All rights reserved, 00700 - 24 propnly mregrare wirh such other work. ConITactor shall nOl endanger any work of orhers by cuttmg, excavanng, or otherwIse altenng then work and will only cut or c.lter then work WIth the wntten consent of Engllleer and the others whose work will be affected, The dutIes and respunsibll1tles of Contractor under thIS Paragraph are for the benefit of such utllny owners and other conITactors to the extent that there are comparable proVISIons for the benefit of Contractor In saId dIrect contracts between Owner and such unllty ,wmcrs and other COll[ractors. C If tbe proper execunon or results of an\' part of ConrraclOr's Work depends upon work performed hy others under tllls A rtlC Ie 7, COllTI'aClOr shall Inspect suc h other work c.nd promptly repon to Engmeer m wntmg anY deLlvs, dekers, or deliClencles 111 such other work that render it unavailable or unsUltable for the proper execution and resulte; of Contractor's Work. Contractor's fad ure to so report wIll constJnne an acceptance of such ()ther work itS fit and proper for llltegratIOn WIth Contractor's Work except for latent defects and dcficlel1CleS m sllch other work. 7.02 Coordlllutl,)/J A. If Owner mtends to contract WIth others for the pcrfom1ilnce of other work on the Project at the Site. the folluwmg will be set forth 111 Supplementary Conch- tlons' the mdlvidual or entity who will have authOrIty and resp(lTlslblln)' for (oorctmatlOn of the actrv1tles among the vanous wnrractors WIll be ldentlfied; 2, thc speCIfic matters to be covered hv such authonty and responsibIlity wIll be itemIzed; and 3, the extent of such authOrIty and responsibili- ties will be prOVIded, B. Unless othef'Nlsc proVIded ill ::'llpplememary Cundinons. Owner shall have Cluthonty and respol1Slblllty for such coordmatlOn. the sole 7,03 [,1'&'111 RelatiOl1shl['S <\, Paragraphs 7,Ol.A and 7,02 are not applIcable for utlhlleS not under the control of Owner. B. Each other direct con\Tact of Owner under Paragraph 7 (') I .A shall provide that the other contractor IS liable trJ Owner and Contractor for the reasonable direct delav and dIsruption costs lllcurred bv (~~ontractor as it result of the other contractor's actions or macnons, C Contractor shall be liable to Owner and any other conITactor for the reasonable direct delay and dIsruptIOn costs incurred by such other contractor as a result of' Contractor' s actIOn or mactlOns, ARTICLE S - Q\VNER'S RESPCiNSIBILITIES 8,01 CummUIlICatlOnS 10 Conrracror A, Except as otherWIse prOVIded III these General Condmons. Owner shall Issue all cornmumcatlotls lU ContnclOr through Engmeer. 8 U::' Replacemr'11l o(Englnl'l'r A, In case of terrnmatlon of the emp]ovment of Engmeer. Owner shall appoll1t an eng: meer to whom Contractor m;;les no reasonable ob]ecnon. whose SWtllS under the COnlTa.ct Documents shall be thai of the former Engllleer. b,(J3 Funnlh Daza A. Owner shall promptly fLlrnlsh the data re<.jl1ued of Owner under the LUnlTact !)'')cument". 8.(\4 Pav yVhen Due A. Owner shall make pavrnents Iu Contractor when they are due as proVIded HI Paragraphs 14,Q2.C and 14,07C 8.05 Lunds alld Easements, Reports and Tests A. Owner' 5 dUlle;; 111 respect of provlf.lllll,' lands and easemenE' a.nd provldmg engll1eenIH!, surveys III establIsh reference pOll1ts are set forth m Paragraphs 4,lJ 1 and 4,05, Paragraph 4,02 refers to Owner's Idemifvll1g and Illilkmg available to Cuntractor COrle" of reports ur explorallons and tests of suhsurface conditions and drawmgs of phYSICal condmons m or rebnng to eXlstlllg surface or suhsurface structures at or connguous m the SHe that have heen utilized by Engmeer m preparing the Contract Documents, b,06 Insurunce A. Owner' s respnnsibllines. If aI']Y, m reopecr lCJ p\lrchasmg and mamtalTllTlg llabllltv and propen\' lllSUf'- ance are set forth lTl Artlc lc :5. ~07 Change Orders A, Owner lS ohl1gated to execute Change Order:, as mdlcated 111 Paragraph 1003. b.08 InspectlUns, Tests, and Approvals A, OViIler's responsibIlIty J1l respect to certam lUspectlons. tests. and approvals IS seT torth m Parab'Taph 13,03B EJCUC C-7UU Standard G~n~ral Conditions of the Construction Contract. Copyrighl'~' 2002 National Society of Profl'ssional Engltleers for LJCnc. All rights reserved. 00700 " 25 :I :f .- .. .. :I :I :I -I .. .- :I '- c . . l- . l- e c t l- . I- .: c -: l- . I- .: c c . . s .c)C) LtnlllWlO11S 011 (-)lVnf'l' 's RCS1.10nSlhllincs Owner infoffi1ed of the progress of th e y,,; orL and wIll endeavor to guard Owner agamst defectl ve W or1:, B. Engmeer's VISitS and observauons are subJect ro all the Imutatlons on Engmeer' s authont) and responslbllltv set forth It) Paragraph C) Uy, Particularly, but wlthout I1mHatJon. dUrIng or as J result of Engll1eer's VISltS lH' observallons of Lontmctor's Work Engmeer wi]] nO! supervIse. dIrect. control. or have authontv over or be responsIble for I.~ontractor s means. methods. techtllqueo. scquence:" or pwcedures of COnSl111Cl!On. or the safety precaul!ons and programs ll1Cldent thereto. l.lr for elny faIlure of Cormactor to complv With LIW'. and RegulatIOns appl1cable to the perlOffi1ance of the \-'/or\... 9,03 Proli!C! A'cpre.\'ClllCllll'<' A If Owner and Engmeer <li'ree. Engllleer will furrllsh a ResIdent F'rOlecl Kepresentatlve to ;lSSlst Engllleer III provldmg more extensIve observatIOn ul thc Work. The authontv and responsibihtle\ (d anv such ReSIdent Project Representauve and '-lSSlstams wIll be a~: provIded m the Supplementary C'onditlOl1S, and ImutatJom on the responsibIlItIes thereof" WIll be as proVIded m Paragraph>) ,09 If Uwner deSIgnates another representatIve or agent to represent Owner at the SIte who IS not Engmeer's consultant, agent ur employee, the responsibilrtles and authontv and ImutatlOns thereon of" such other mdlvldual or entIty will be as prOVIded Il1 the Supplementary Condltlons. 9,04 Authon::ed Vanut/u/J.I' /17 /ForA A. Engineer may authOrIze ITUnor vanatlOllS UI the Wark from the reqUIrements of the Contract Documents which do not mvolve an adjustment 111 the Contract Pnce or the Contract Times and are compatIble with the deSIgn concept of the completed Project as a functlol1lng whole as ll1dlcated by the Contract Docu- ments, These mav be accomphshed by a Field Order and will be bindll1g on ()wner and also on Contractor. whu shall perform the Work Il1volved promptly, If Owner or Contractor believes that a FIeld Order JUStifIes an adjustment 111 the Contract Pnce or Contract Times. or both, '-lnd the pames are unable to agree on entltlement to or on the amount or extem. if" anv. of any such adjustment , a ClaIm may be made therefor as proVIded m Paragraph 10.05 9 n~ Rqec/llJ[, DdeclIw' WurA A. Engll1eer will have authontv to reJect Work whIch Engll1eer believes to be defectlve, or that Engll1eer believes will not produce J. completed Prolect that conforms to the Contract Documents or that will preJudlce the lOtegnry of the deSIgn concept of the. completed ProJect as a functionll1g whole as mdlcated bv the Conrract Documents. Engineer will alsu have authonty to require speCIal inspection or tesung of the Work as proVIded in Paragraph 1304, whether or not the Work IS fabricated, mstalled, or completed. EJCDC C-700 Standard General Conditions of the Construction C()ntract. C()P:vright IZ) 2002 Nation.1 S()cictv ()f Professional Enginecrs for EJCDC All rights reserved. 00700 - 26 A. The Owner shall not superVise, dIrect. or have control or authunty (wer. nor be responsible for, ('ontractor s means. methods. techmques, sequences. or procedures uf conSlrllcnon. or the safety precautIOns and programs mCldent thereto, or for ell1'.' fallure of Contractor to complv With LelW" and RegulatlOns applrcable to the perfoffi1ance 01 the Work. Owner wIl] not be responsible lOr Contractor's fai] me 10 penorm the Work 111 ~ccordancc with the ,__' ontract Documems. i.l CI Li!1lz'l.I'cluSCII Ell VI n'lJmen la I H u::urdollS I~ lJlUillWn A. Owner' S responsibllrtv 111 respect to an undis- c1usecl Hazardous EnVIronmental CondItion IS set forth It! f'arai'raph ,-LU(l. ,~.11 EVlde!1Ci,' 0' /--!IZuncwl.4rrangemellls A. II and [0 the extent Owner has agreed to fiu11Ish ContractOr reasonable eVIdence that finanCIal arrangement.', have been made to satisfy Owner's ohllgatlons under the Contract Documents, Owner's responsiblllty 1I1 respect thereof will he as set forth 111 the Supplementary 1.~ondHlOns, ARTICLE Q ENGINEER'S ST A TlJS DLJRIN(i CONSTRUCTION 9.0] cl>1l/lcr's Rq}/'esenlilllW ;.... Engineer wll] be Owner's representative durmg the constructIOn penod, The dutIes and responsi- hilltles and the lmutanons of authOrIty of Engll1eer as ( Jwner' s representative dunng consrructlOn are set forth lJ1 the Contract Documents and WIll not be changed wlchout wnttcn consen t of Owner and Engll1ecr Q.02 VISitS to Sill' A. Engmeer WIll make VISItS to the Site at Inter" vals appropnate to the vanous stages of consmlCtlOn as Engmecr deems necessarv m order to ohserve as an expenenced and qualified deSIgn professlOnal the progress that has been made and the quality of the vanous aspects of Contractor's executed Work. Based on mfOffi1atlon obtamed dUring such V1SltS and observations. Engll1ecr, for the benefit of Owner, \\'111 determme, m general, ]f the Work IS proceedmg 111 accordance with the (_:ontract Documents. Engll1eer WIll not be reqUIred to make exhaustlve or connDUOUS mspectlons on the Site to check the qual1tv or quantll)' of the Work. Engmeer's efforts will be dIrected lOward prOVIding for Owner a greater degree of confi dence that the completed Work will conform generally to the Contract Documents. On the baSIS of such VISHS and observatlOns, Engmeer will keep Q ,Of) Shop Drawzngs, Change Drders cmd PavT/lclJls A, In conneCllon wnh Engmeer's authonty, and ImlltatlOns thereof as w Shop Drawmgs and Samples. see Paragraph b, l -; B In connectlon with Engmeer's authont\', and im1J[J[jom thereof as to desIgn calculatIOns and design dra WlI1i!' submmed 1I1 response to J delegation of prufesslOnal deslIo'n serdces. If an\". see PJragraph iJ,21, C. In connecTIon wIth Engineer's authonty as to Change Urders. see Articles I U, 11. and L'., D, In connection with Engmeer's authonr, as to Applications fur Pa yment. see Amcle 14 q 07 Dcrermmarwns 1M Una Pnce iF"r/.; A Engmeer will detenmne the actual quantllles and classdicallons of Urnt Pnce Wurk peri'orrned bv (:ontractor. Engmeer will review wnh ContraclOr tbe EnglTl~er s prelIrrunary determll1atlons on such rnaHers hefore rendenng cl wntten decisIOIl thereon (by recommendatwn of an Applicanon for Payment or otherWise I, EngIneer's \vntlen declslUn thereon WIll he final and bmdmg (except as modified by Engll1eer to rd1ect changed factual condItIOns or more accurate clara) upon Uwner and Contractor. ,Ut)ltCt to the proV\Slons of Paragraph lO,OS. q OS DeclslOlls lin Rcqlllremenl,\ nf (~onrraCl !.!(Ji.'lIInelll.\' and Acceprahdirv o( J,Fork /I., Engmeer wIll be the Imtial lllterpreter of the requlTements of the Contract Documents and Judge of the acceptabllltv uf the Work thereunder. All matters III question and othn matters between Owner and ContraclUr anslI1g pnor to the date final paYTIlent IS due relatmg to the acceptability ()f the Work. and the mterpretatlOf) uflhe requuements of the Contract [Jul:uments ptrra1l1ll1g to tht performance of the Wo6:. Wi]] be referred ll1!tlally to Fngmeer m wntmg wlthm JO days of the event glvlng nse tu the questloTl g, Engmeer will. with reasonable promptness, render J wnt1en deCISIOn UIl the Issue referred, If Owner or Contractor bebeve that anv sm;h decIslOn entitle" them to an adjustment ll1 the Cuntract Pnce ur Contract Times or both, a ClaIm may be made under PJragraph 10,05. The date of I::ngllleer' s deCISIon shall be the date of the event gJVmg rise to the lssue" referenced for the purposes ()CParagraph 10,05.8. C Engmeer';; wntten deels\0n on the Issue referred will be final and bmdmg on Owner and Contractor. subject to the provIsIOns of Paragraph 10,05, parnality to Owner or ':~lmtractoT and wIll not be liable 1Il cOlmection with any mterpretatJon or deClslCln rendered In good faith m such capaeny 9,09 LlmllllllOns 011 Englllccr's ,illlhonn Lint! Respol1slhliilles A Nenber Engmeer's authorltv or responslbllltv under thiS Amcle 9 or under any CJther prOVISIOn ,:d tht l:::Ol1lract Documents nor any dCClslOn made bv Englllec'[ 111 good lallh either to exercIse or not e);erClS~ sucL authonty or responsibll11v or the undenallTlg, ~xcrClse, or perfonllance of any authoriTY or responsIbllltv bv Engltleer shall creme. rrnpuse. or gJVe nse [() any dut\' In connact, tnrt. or otherWise owed hy Eni,uneer ll' Connactor. any Subcontractor, aTlY Supplier. any othl'1 mdIVldual CJ[ entlty, or to anY' sureh' Jor or enlplovee ur agent oj any of them, B, EngJTJeer wIll not supen'lsc. direct contrul. or have authorllY over or be responsible fOT ContracWr'" means, methods.techrllques, sequences, or procedUl e, of COnSilllCtlnn. or the sakty preC:lU[lOns and programs InCIdent therew, or for any failure of ContraCTOr lU cornplv WIth Law;; and Regulauons applicable tn the performance of the Wurk. Engll1eer will n01 be respon- sible for Contractor's fallure to perform the Work In accordance wItb the Contract Documents, C Enpltleer Will not be responsible for the acts or orruss]ons of COl1lraClOr or of any Subcontractor. any SupplIer. or of any other Il1chvrdmll or Cntlty perfomung any of the Work. D, Em;lI1eer' s revIew of the final Appl1catlon for Payment and accornpanvmg docurnentatlOn and aIi mamtenance and operatll1g Il1structlons. schedules, guarantees. bonds. certificates of Il1Spectlun, tcsts ami approvals, and other documentatlOn r~q lllred to be delivered by PJragraph ] 407 ,A will only be to determme generally that then eoment compl1es wllh the reuum:- ments of, and HI the case of cendlcates of mspectJons, rests, and approvals that tbe results ceITltled lI1dlCale complIance with the Contract Documcms, E, The lUllltallOns upon authonry and responsl- billtv set furth 1I1 thiS Paragraph 9,OlJ shall also apply to, the ReSident Project Represemallve, If any, and aSSIstants, If any, ARTJCLE ](1 - CHANGES IN THE WORJ:'..: CLAIMS ]0,0] A ulhorized Chanpes III the ffork " ' A. Without invalidating the Contract and wtthout nonce to any surety, Owner may, at any tIme or from time to bme, order addinons, deletIOns, or reV1SlOns m the [I, When functlomng as llltel}lreter and judge Work by a Change Order. or a Work Change Dlrecnvc, under tbls Paragraph CiJJ8, Engmeer Will not show 'Upon receIpt of any such document Contractor shall E.JCDC C-700 Standard General Conditions of th~ Construction Contract. Copyright (~) 2002 I'<ational Sociery or Professional Engin~ers for E.JCDC. All rights reserved. U0700 .. 27 -I . -- :. :. , -I . -I :. :. , , -I . .- :I , , -I . II ~ -. I- . I- . II .: c -= p . I- , C C I! ~ ~ ~ -. c c ~ l- . .. - prompti\ proceed with the Work Il1volved which will be performed under the applIcable cOlldltlOns ot the Contract DocumerHS I e::cepl ZlS otherwise speClficallv provIded) B If 1~1'.vner and Contractor are unable to agree OTl entltlerrlcnt 10. or on the amount or extent. If any. of all JdlUsm1tnt irl the ( orln'Jct Pnce or Contract TImes. or hath. tim shouid be :dluwed as a result of J Work Change [ltrCelll't. a Cbml mav be made therefor JS provIded In P JrJgr,Jph I U ((, 1 (\,(12 1>1li1ll1!IIJIT:.ed {~hanges 111 rhe Work A,( umr:lCtor sh,dl not be enntled to an mcrcase In the CuTllr:lct 1'1'ICC or an e'<tenslOn uf the Contract TmltC, wllh respect to dnv work performed that I" not required hv tlie ,,: onITaCl [)ocuments as amcnde,t mo(ilf'led, or supplementec! as provIded lT1 PJrZlgrapli 3.(14. t\ctpt In the case of an emergency JS pnwlded m Paragraph () I () or 111 the case of uncovenng Work as proVJ(led JTl Paragraph U.04.B. 1(,103 Exceww!1 o( UWIl'SC Order.1 A. Owner and (:ontracror shall execute appropn. ale (,hange Orders recommended hy Engmecr covermg' I. changcs lt1 the Work whIch are: (i I ordered hv (Jwner pursuant to Paragraph 1O,01.A. (11) requIred b~callse of acceptance of defccnve Work under Paragmph ] 'UJr; ,A or Owner's correcnon of defectlVe Work under Paragraph 13.U9, or (iill a.greed to by the parnes: changes Ul the Contract Pnce or Conrracr TImes which arc agreed to bv the parties, mcludmg any undIsputcd sum or amount of time for Work actually perJomled m accordance wIth a Work Change DIrective: and -, changes m the Contract Pnce or Contract T\mes which embudy the substance of any WTltten declSlon rendered by EngIneer pursuanl 10 Paragraph iOJIS: provided that. m lieu of execu[1ng any sllch Change Order, an appeal mav be taken from any such clec!Slon ll1 accordance wnh the provlslOns of the Contract Documents and apphcahlc Laws and Rcgulanons. bm clunng any such appeal. Contractor shall caIT)' on the Work and aru1erc to the Progress Schedule as provIded in Paragraph b 10.A, 10,04 NonllcatlOl1 10 Sureh' A. If not!ce of any change affecnng the general scope of the Work or the provISions of the Contract Documents (tDcludmg, but not lmuted to. Contract Pncc or Contract Times) lS reqUIred by the provlsJOns of anI' bond to be glven to a surety, the g]\!mg ofany such notIce will be Contractor's responsibihty. The amount of each applicable bond wll1 be adjusted to reflect the effect of Zlny such change. 1 (J,O:, Clill111.1 A, EngIneer's DecIsiOn Re(/t1i red: All ClaIms. except those waived pursuant to PJmgraph l4.0LJ. shall be referred to the Enpneer for decIsIOn. A declslOn bv Engll1eer shall be required as a condllIorJ precedent 10 anI' exerCIse hy Owner or Contractor of anv nghts or remerlle;; enher may otherWise have under the Contract Documents or bv Laws and ReglJlaIlOnS III respect or' such Clall11S. B NOllce \\'nt1en notice SId nn1o' the l;enerJI narure of each ClaIm, shall be dehvtred hv rhe clamJant III Engll1eer and the other parry to the ('omract promptly Ibut III no event later than 30 rlavs I atter the start of the event glVlIlg rise thereIn The responslbllllY to substannate Cl ClaIm shall rest wIth the panv makInt~ the Chum, NotIce of the amount or extent of the Clalfll, with supportmg data shall be delivcred to the Engmeer and the other pan)' 111 the Contract wllhm Ij() days after the stal1 of such event I unless Enpneer allows addlt10nal nme for cLllmant tll suhmn additIOnal or more accuratc data in support oj ouch CLllmJ. A ClaIm for an ac!jllSrrnent ll) COntr:JCi Pnce shi.dl he prepared 1Il accordance WIth th e prOVISIOns or Paragraph 12.01.B. A Claim for all adlus trnentm ContTacl Tllne shall be prepared m accordance wlth tbe proVISIOns of Paragraph 12.()2,B. Each Cbllll shall be accompa11led by clallnant's wnnen statement that the Jd] uStmenl claimed is the enure adjusrment to Whlcl1 th[: cLumant belIeves It IS entJtlecl as a result of saId event. The opposmg party shall submtt anI' respons e to Engmeer and the claimant wlthm 30 days after l'ecerpr of the clalmant's last subrruttal I un less Engmeer allows adc!nlOnall1me) C. Engineer's A ct!(ln: Engmeer WIll revIew each Clalm and. wltrnn .'lCl days aftcr rccelpt of the last suhmittal of the claImant or the last submmal of the opposmg party, if any, take one of the followmg actIOns ill wnnng' t. deny the Cla1D1 m whole or tn part, 2, approve the Claim, or 3. notify the parties that the Engineer 10 unable to resolve the Claml If 111 the l:ngmeer's sole dIscretIOn, \t would be mappropriate for the Engmcer to do so For purposes of further rcsolutlOn of the Claim, such notIce shall be deemed a demal. D, In the cvent that Engmeer does not take ZlCtlon on a Claim wlthm said 30 davs, the (:lam) shall be deemed demed. E. Engmeer's IVTlt1en actlOn under Faragraph 10.05.( or dema] pursuant to Paragraohs 10.05C3 or 1 Q,05,D will he final and bindmg upon Ovmer and Contractor. unless Owner or Contractor lIlvoke the dIspute resolunon procedure set forth In Amcle i b wlth1l1 30 days of such actIOn or demal. E:JCDC C-700 Standard General Conditions of the Consrruction Contract. Copyright Ihl 2002 National Society of Professional Engineers for EJCHC. All rights reserved. n0700 - 28 F No Clmm for an adjustment 111 Contract Pnce or Contract Tlmes wIll bt vahd if not submmed in accordance with this Paragraph I O.uS. ARTICLE II COST OF THE ALLOW ANCES, UNIT PRlCE WOR.K WORK: 1\ .eJ1 COSI n(thc Wl.'rk A. C,)SIS Included. The term Cost of the Work means the sum of all COSts. except those excluded lTl Par<H,:raon 11.cn B. necessanlv Il1curred and pmd by (ontractor Il1 the proper performance of the Work 'When the value of any Work covered by a Change Order or when .j ClaIm for an adjustment m Contract Pnce IS detcmllned on the baSIS of Cost of the Work, the COStS to be reImbursed to Contractor WIll be nnly those addiwmal or mcremental cost': reql1Ired because of the change 1Il the Work or because of the event glvmg nse to the Claim. Except as otherWIse may be agreed to 1Il wrItIng by Owner, such costs shall be Il1 amounts no hIgher than thuse prevallmg In the localitv of the ProJect, shall mcJude onlv the followmg nems, and shall not mclude any of the COSL'i ItermLed m Paragraph 1 1.0 1.B. 1. Payroll costs for emplovees Il1 the dIrect employ of Contractor m the performance of the Work under schedules of Job claSSIficatIOns agreed upon by Owner and Contractor. Such employees shal1 I.nclude, wnhout Imlllatloll, supenntendenrs, foremen, and other persOlmcl employed full tIme at the Site. Payroll cost:; for employees not employed full time on the Work shall be appOTtloneJ on the baSIS of theH tIme spent on the WmK. Payroll costs shall Include, but not be lmuted to, salanes and wages plus the cost of fnnge beneflts, which shall mdude SOCial secunty contributIOns, unemplo;/1TIem, eXClse. and payroll taxes, workers' compensalloll, health and retnement benefits, bonuses, SIck leave. vacatIon and nolidav pay appllcable thereto. The expenses of :)erforrrnng W oIk outSIde of regular workmg hOUTS, on S<ll1lrd,lY, Sunday, or legal holidays, shall be mcluded 111 tile above to the extent authorIZed by Owner. l.. Cost of a]l matenals and eqUIpment furnIshed and Il1corporatcd In the W orL 1l1cluding costs of transportation and storage thereof, and Suppliers' field servIces reqUIred LD connectlOn therewJth. All cash dIscounts shall accrue to Contractor unless Owner depos1ts funds WIth Contractor WIth whIch to make pay- ments. in whIch case the cash dIscounts shall accrue to Owner. All trade discounts, rebates and refunds and returns trom sale of surplus matenals and eqUIpment shall accrue to Owner. and Contractor shall make prOVISIons so that the;.' may be obtamed. J. Pavrnents made by Contractor to Subcontractors for Work performed bv Subcontractors. If requHed by Owner, Contractor shall obtam COmpetlllVe bIds from subcontnctors acceptable to Owner and Conrractor and shall deliver such bids to Owner, who will then deterrrnne, WIth the adyice of EngIneer, whIch bIds, If any, WIll be acceptable. If any subconrract proYldes that the Subcontractor IS to be paId on the ba SIS of C.ost of the Work plus a fee. the SubcontraclOr's (::05t of the Work ,md fee shall be deterrrnned In the same manner as Conrractor's Cost of the 'vVork and fee as prOVIded m tlm Paragraph 11.01. .:\ Costs of speCIal consultants I mcludln)..' but nor I'n1llted to Engllleers, archItects, tesnne lah(~ratu!'Ies, survevor", attorneys, and accountants'] emploYed lor servlces speuflcally related to the W OIL S. Supplemental costs 1l1cludmg the foll'Jwll1g: a. The proporllon of necessary transponatlUn. naveL ,md subSIstence expenses ot Contracto]'s employees lT1curred lJl discharge (Ii dUlles cormected WIth the Work. b. Cost, mcluding transportatlon and mamle- nance, of all matenals, supplres, equipment, machmery, appllances, offIce, and tC'lTlporary facilrnes at the Slte, and hand tools not owned bv the workers, whIch are consun:lCd In the perfor- mance of the Work, and cost, less market value, of such nerns used but not consumed whIch remam the property of Contractor. c. Rentals of all constructIOn eqUIpment and machmery, and the parts thereof whether rented from Contractor or others 111 accordance wnh rental agreements approved bv Owner w1th the adVIce uf Engmeer, and the l:OSts of transportatIOn, loading, unloading, assembly. dlsrrumtlmg, and removal thereof. All sue h costs shall be Ul accordance wtth the terms of sald rental agreements. The rental of any such eqUIp- ment, machinery, or parts shal] cease when the use thereofis no longer necessary for the Work. d. Sales, consumer, use, and other slmllar taxes related to the Work, and for whIch Contractor IS hable, Imposed by Laws and RegulatIOns. e. Deposits lost for causes other than neghgenee of Contractor, any Subcontractor. or anyone dIrectly or mdlrectly emplovp.d by anY of them or for whose acts any of them may be lIable, and royalty payments and fees for peffiuts and licenses. f. Losses and damages I and related expenses I caused by damage to the Work, not compensated by msurance or otherwIse, sustamed by Contractor m connection wllh the performance of the Work (except losses and damages withm the deductible amounts of property insurance esrabhshed m accordance WIth Paragraph 5.06.D), provided such losses and damages haye E.JCDC C-700 Standard General Conditions of the Construction Contract. Copyright (t. 2002 NatIonal Society of Professional Engineers for EJCDC All ri!:hts reserved. 00700 " 29 -1 .. -t ~ -- :. ~ :J -t .. -- ~ -- :a , -I .. -t .. .- :I :I :I III III III ~ I. C '= I- .. l- i: .: c r- - t- . -. a: c -= I- .. a. .: c I.: resulted from causes other than the negligence of l.-onn'actoL Jny SubconrraCtoL or ,mvone dlTectlv or mdlrectly emploved by any of them or tor whosc acts any of them may be hable Such losses shall lIlciudc senleTTltnts made With the wrmcn consent and approval of Owner No such iosses. d3rnages. and expenses shall be I11cluded 111 the C uSI of the Work tor the purpose of detenmnlllg Conrractor s fce. _ The cosr oj utiillles. fueL and sanltarv faCliIIJt~; J( the Slle. h MlIlor expenses such as telegrams. 10m! ,ilStanCe te lerhone calls. telephone servIce at the ::One n:presses. and sImIlar penv casb Items 111 connection with the WorL. I Tbe ClJSb of pretTuums for all bonds and Insurance Cotltractor IS reqUired bv the Contract Documents to purchase and mamtall1. R ((ISIS Excluded The term Cost of the Wark shall [lot mclude any of the followmg Hems: 1. Pawoll costs and other compensalIon of Contractor ofticers. executIves, pnnclpals lof palmershlps and sole propnetorshlps), general managers_ safety managers, engll1eers, archaects, estImators, anor- nt:vs, auditors, accountants, pllrchasmg and contractmg agtnts_ cxpedlters, tImekeepers, clerks, and other perSOlillel employed by ConrractoL whtther at the Sue or In Contractor's pnnclpal or branch omee for general adm111lstral1o!l of the Work and nol speciflcallv ll1cluded m the a[!reerl upon schedule of lob classtficatlOns referred to m 1-'ara\!raph 11.0 I.A.l or speCIfically covered bv Paragr;.tph 11.()1.A.4, all of whlch are to he conSIdered adrlllrllSrran ve costs covered by the Conrractor' s fee. 2. Expenses of Contractor's pnnClpal and branch offices other than Contractor's office at the Sae. ~, Anv pal1 l)f Contractor's capnal expenses, l11cludmg ll1tcresl un Conrractor's capnal emploved for the W')rk and charges agall1st Contractor for dell11quent payments. 4. C.'osts due lo the neglilCence of Contractor. anV' Subcontractor, or anyone directlv ()f mdnectlv emploved hv any of them or [or whose acts any or them mav be hable, l11cludlllg but not lmutcd to. the correC[Jon of ddectJve Wort. dIsposal of mattnals or tqmpment wrongly supplltd, and makmg good any damage to property . 5. Other overhead or general exptnse costs of any kmd and the costs of any Item not specifically and expressly includerlm Paraio'Taphs 1101.A and 11.01.B. C. Contractor's Fee: When all the Work IS performed on the baSIS of cost-plus. Conrractor's fee shall be determmecl as seI fonh lTl the Agretment. When the value of any Work covered by a Change Order or whm a ClaIm tor an adJusID1ent III Conrract Pnce IS deternuned on the baSIS of Cost oftht Work, Connactor's fee shall be dettilll111ed as set forth m Paragraph 1 ::::2.01.C D. DOU.IInCIlIJllon. Whenever the Cost of the Work for any purpose ]S to be detemlllled pursuant t(1 Paragraphs 11.01..-\ and 1 1.U 1.B. Contractor will establish and maInta1l1 records thereof In accordance wttb genc:r::dlv accepted accountmg praCllCtS and suorrul 111 J fom1 acceptable to Engmeer an ttcrruze d cost breakdown together wltb sllpponmg data. 11.0.::' A Ilow{!nces A. It IS understood that Contractor has mcludeci In tbe '=ontracl Pnce all allowances so named Il1 the Contract Documents and shall cause tbe Work so covered to be performed felr such sums and by such persons or entitIes as may he acceptable to Owner and Engl11t;tr B. C,l.\h Allowances Contractor agrees that: a. tbe casb allowance[, mclude the cost 1U Conrractor (less an v applIcab le trade dis<:ounts) of matenals and equIpment reqUlrecl by the allowances to be delivered at the SHe_ and all apphcable taxes: and b. Contractor's costs for un]oadmg and handling on the Site, labor, I11stallanon , overhead, profit, and other expenses contemp bted for the cash allowancts have been mcluded m the Contracl Pnce and not m tbe allowanc es, and no demand for additIOnal payment on account ot any of the foregomg w1l1 be valle!. C Connngency Allowance 1. Contractor agrees that a contingency allowance, If any. IS for the sole use of Uwner to cover unanticIpated costs. D. Pnor to final payment, an appropriate Change Order wIll be Issutd as recommended by Engmttr to rcf1cCl actual amounts due Contra<:tor on account of \V ork covered by allowances. and the Contract Pnce shall be correspondmglyadJusted. 11.03 r.J/JIt Prlee Work A. Where the Conrract Documents provlde that all or pan of the Work IS to be Unlt Pnee Wor!:, tnlllally the Contract Pnce w1l1 be deemed to !Delude for all linlt Pnce Work an amount equai to tbe Sum of the umt pnce for each separately identified Hem of Unit Pnce Wark tHnes the estlmated quantity of each Hem as indIcated 111 the Agreemem. EJCO(' ('-700 Standard General Conditions of the Construction Contract. Copyright '9 2UU2 National Society of Professional Engineers fo,' EJCOC. All righls reserved. 0070() - 30 B The estlmared quannnes of Items of lfIllt Pnce Work are not guaranteed and are solely for the purpose of companson of BIds and deterrmnmg an mltw! Contract Pnce. DetennUlallons of the actual quantmes and daSSlf1callons of Umt Pnee Work performed bv ContraclOr w1l1 be made by Engmeer subject to the provlslOns of Paragraph 9.07 C Each umt pnce w1l1 be deemed to mclude an amount consIdered hy Contractor to be adequate to cover Contractor's clVerhead and profIt for each separately ldennfied nem. DOwner ur Contractor may make ,1 Chum for an ad! ustment I n the Contract Pnce m accordance wIth Paragraph 10.05 d: 1. the quantllv of :J.ny Hem of Umt Pnce Work performeCi bv C:untractor dIffer:; rna\t:nallv and slgmfi- cantlv from the estlmaled quantITy of such Item mdlcated ill the Agreement: and ~ there IS Iltl correspondmg adjustment wIth respect any other Item of Work; and ~. Conrractor beiieves that Contractor IS entItled to an lllcrease III Cuntract Pnce as a resull of ha vmg mcurred addmonal expense or Owner hel1eves thal Owner IS entItled to a decrease 111 Contract Pnce and the partIes are unable to agree as to the amount of any such lIlcrease or decrease ARTICLE 12 - CHANGE OF CONTRACT PRICE: CHANGE OF CONTRACT TIMES 12.0] Chlwge ore'untruer Pnee A. The C:Cmtracl Pnce may only be changed by a '~~hange Urder. Any ClaIm for an adjustment In the '=ontract Pnce shall be based on vmnen nonce submItted by the party makmg the Chum to the Engmeer and the other partv tc, the Contract lIJ accordance wIth the provlslOns of Paragraph 10.05. B. The value of any Wark covercd hy a Change Ordcr or of anv ClaIm for an adjustment in the Contract Price WIll be dctennmed as follows: 1. where the Work IDvolved IS covered b~, Ullll pnces contall1ed III the Contract Documents. by applIca- tIOn of such UUlt pnces to the quantlties of the nems mvolved I subject to the provISlons of Paragraph 11.03); or ::. where the Work mvolyed IS not covered by unit prices contamed In the Contract Documents. by a munrallv aQ;reed lump sum I whIch may mc1ucie an allowance for overhead and profit not nccessarllv m accordance WIth Paragraph 120 le.2 L or 3 where the Work mvolved IS nOl covered bv UTIlt pnces contameo m the Conrract Documents and agreement tu a lump sum IS not reached under hHauraph 12.0 LB.2, on the baSIS ot the Cost of the \Iv' ork i'detenruned as provided tn Paragraph 11.011 plus J Contracror's fee for overhead and profit I detenTIlned a~, prOVided m Paragraph 12.01. C). C C'olJtractors Fee The CC)ntraclOr's tee COI overhead and profit shall be dctermllled as follows' a mutually acceptable fixed fee; ,',r " lt a fixed fee 1S lint agreed UpOIl. then a fee' based on the followmg percentages of the van"u.', ponl'HI" of tbe Cost of the Work: a. for costs lI1curred LImier Paragraphs 11.0 I.A. I and Il.01.A.2, the Contractor's lee shall be L" percent; b. for COStS lIleurrecl uncler Paragraph 11.0 1.A.::, the ContractOr's fee shall he five perccnt. c. where one or DlOre tIers of subcontracts are on the basts of Cost of the Work plus a fee dl.ld no fixed fee IS agreed upun, the u1tent of Para!;rapb 1:?.0 1.C.2.a I.', that the Subcontractor who actually performs tbe Work, at whatever tIer, will be paId a fee of 15 percent of the costs tl1curred by such Subcontractor w1der Paras'Tapbs 11.01.,4..1 and 11.U1.A.2 and that any rngher tICI' Subcontractor and Contractor wIll each be paId a fee of five percent of the amount paId to the next lower ller Subcontractor, d. no fet' shall be payable on the baSIS of costs lleHllZed under Paragraph.s 1 L01.AA, 11.01.A5, ,md 11.tJl.B; e. the amount of credit te' be allowed by Contractor to Owner for any change whlch results tl1 d nel decrease 111 cost WIll be the amount of the actual Det decrease m cost plus a deducllon m ConrraclOr's fee by an amount equal to five percent of such net decrease, and f. when both additions and credits are mvolved m any one change, the- admstment m Contractor's fee shall be computed on the baSIS of the net change m accordance wlth Paragraphs l:?01.c:.:'..a through I:?.iJ1.C.::,e, meluslve 12.02 ChangE' o(Contrllcr Times A. The Contract TImes may only be changed by a Change Order. Any ClaIm for an adjustment m the Contract TImes shall be based on wntten nOllce subITllttecl EJCDC C-70U Standllf'd General Condirions of the Consrructiun Contract. Copyright (9 2002 National Suciety of Professional Engineers lor EJcnc. All rights reserved. (lll7{)n - 31 .1 .. .t :. :. , -I . at . .- :. , ~ -I . -I . .II :I :I :I .- . .I ~ t l- . . ~ c c p . l- II ~ C C r ~ ~ @ ~ .: c c p . -. - bv the parTY' makll1g the Cl3.1m to the Engll1eer and the o;hel parTY' to the Cunrract In accordance wlth the pnwISlons of Paragraph 1 n.lJS. B Any adi ustment of the Conrract Times covered hy <l ('~han~e Order or anv ClalITl for an adlllsrmenr 1Il the Conrmct Tm1es will be deterrruned m ac~ordance \vlth thc~ provISions of this Amcle 12 12 I~':; Dcl,n's A. Whc:rlc (:onrraclOr IS prevented from compietll1~ <lilY p~lIl of the Work wlthw the Contract TImes due tu delay beYond the control of Cor1fractor. the C.:ontT:lct lImn w1l1 he extended lf1 '-In '-Irr10unt eqlwl Iu the tunc iosl due to such debv If a Claml 1S made theretor ~IS provlded lTl Para.\o':r:lph 12.U2.A. Delays beyond the control 01 ContraClur sh'-lll Include, but nO! he lU11lted to. Jets ur ne.,deet hy ()wner. ,Jets or ne~dect ot uulny ol'mers <.II other COnTractors perfom1mg other work dS comernplat- ed bv Awck 7. flITS. ilooJs. epIllermcs. ab!lorrnal weathcr cuncltrlOn", or ucts of Cod 13 If UWller, Engll1eer. or other CO[1tr'-lctors ur unllty owner<; pertonnmg other wurk fllr Owner a~ contemplated bv Arnell' -;, or anyone for whom Owner is responsible. delays, disrupts. or mterferes WIth the perfon11ance or plOgress of the WorK- then Contractur shall be enntled to an equltahlc adjustment m the COlmact l'ncl' or the COfl(ract T 1111eS , or both. Contractor' s entitlement to all adl usrme11l of the Contract Times lS conrhllonecl on such JdlUSrrnelll bem;; essenllal to (.'ontractor'o ,lbliltv to cnmpiCIe the Work wlthm the ConlTact Tlnle~. C.' If I"'ontractor IS delayed m the performJncc or progress ot the Work hy tire, flood, epldeilllc, abnormal weather eondlllons. acts of Clod, acts or failures to act of utlllty c1l'mcrs not under the contra] of Owner. or other causes not the tault oj and beyond control of Owner and c.ontractor. then Contractor shall be entitled to an equitable adlustment ll'l Contract TImes. if such JdlUsnnentls essent1O.] to Contractor's abil1tv to completc the Wurk wlthm the ContrJct Times. Such an adJusrrnent shall be Contractur' c; sole and exclUSive remedy fur the dclays described m thIS Paragraph l2.03.C D iJwnec Engmeer and the Related EmltJet; 01 eilch of them shall not be hable to Cuntractor for anv cialms. costs, iosse~. or damages (mc1udmg but not Imutcd to all fee:; and charges of Engmeers. archltects. aGomevs and other profcsslOnals Jnd all court or arbmatlOn or other dispute resolutIon costs I sustamed hy Contractor un or lIJ connectIOn with Jny other project or '-Intlclpated prOlect. ARTICLE lJ TESTS CORRECTION. REMOVAL DEFECTIVE WORK AND INSPECTIONS, OR ACCEPTANCE OF U.OJ Nnucc o( Deteels A. Prompt notlce of all defecllvt Work of whIch Owner or Engmeer has actuJJ knowledge will he gIyen to Contractor. All defecllyt Work m3 v he relcctecl. corrected, or accepted as provlded In thIS Arne 1e I~; 13 02 A ccess TO JflirJ.: A. Owner, Engll1eer. thelr consultant:; and other representatlve:; and personnel of Owner. lIldependent testll1~ bboratoI1e~;, and goyemmemal '-IgenCle:~, with .IUrlSdlctlOnal 1l1lerests will ha VI" access tu the Sae ancl the W OIL at reasonable nrnes for then ohservatllln. mspectmg, and testmg. c-~ontractor shall prOVIde them proper and safe condltJom for such a.ccess '-Ind advisc them of Contractor':; Slte s'-Ifety procedures Jne! programs so thai they may complY thereWIth as '-Ipphcable. 13.03 Tests and inspectIOns A. Contractor shall glye Engll1eer llmelv nonce of readiness of the Wark for all reqUIred lIlspecnuns. tests. or approvals and shall cooperate W1th InSpectIOn and testmg personnel to facilltate reqUlred inspccnons or test.s. B. Owner shall employ and pay for the scrvlces of an independent testmg laboratory to perfonn all ll1SpectlOTIS, tests, or approvals required hy the Contract Documents except: 1. for mspectlons, tests, or approvals covered hy Paragraphs 13.03.C and l3.03.D belo\\': 2. that costs mcurred m connection WIth tests or mspectluns conducted pursuant to Paragraph 13.04.8 shall be pald a~ proVided m sald Paragraph I J,tJ4 C and J. as otherWIse speCltlcally provided m the Con- tTact Documents. C If Laws or Regulanons of any pubhc body havm~ JUTlsdictlOn requtre anv Work lor part thereof) specdlcally to be mspected, tested. or approved bv an employee or other representatlye of such public hody. Contractor shall assume full responsibility for arrJngmg and obtaining such inspecnons, tem, or approvals, pay a]] cosrs III connection therewlth. and fumlsh Engmeer the reqUlIed certificates of lllspecnon or Jpproval. E. Contractor shall not be enntled to an aci.1usrment 111 (omraet Pnce or Contract Times for delays D, Contractor shall be responsible for arranging wlthm the control of Contractor. Delays attributable to and obtamll1g and shall pav all costs in connectIOn wlth and withm the control of a Subcontractor at Suppher shall any mspectlOns, tests, or approvals required for Owner's be cieemed to be delays withm the comro] ofConrractor. and Engmeer's acceptance of matenals or eqmpmenr to EJCDC C-700 ~randard General Conditions of the Construction Contract. Copyright liJ 2002 National Society of Professional Engineers for EJCDC All rights reserved. 00700 ~ 32 he mcorporated m the Work; or acceptance of matenab, nux desIgns, or equIpment subrruned for approval pnor tu Contractor" s purchase thereof for mcurporatIon m the Work. Such mspeCTlOns, tests, or approvals shall be performed by orgalllzanons acceptable to Owner and Engmeer E If any Work (or the work of others) that IS to be inspeclCd, tested. or approved IS cnvered by ContracTOr wlthom wntten c:oncurrence of EngmeeL It must, If requested by Engmeer; be uncovered for observatIon, F. Uncovenng Work as proVIded 1!l Paragraph 13,03.[ shall be at ConrraCTOr"i expense unless C OIID'aCtor has given Engmeer nmely notIce 01 Contractor s mtennon tn cover the same and Em~meer has not acteci WIth reasonable promptness 1Il response to such nOllee. !304 Uncovenng iFurk A, If any Work IS covered contrary to the v-mtten request of EnglIleer" It must; if requested by Engmel::r, be uncovered for bngmeer's ubservatlon and replaced at Contractor's expense, B, If EngIneer conSIders It necessary or advisable that covered Work be observed by Engtneer or illspectcd "r tested bv others, COlllractor, at I:.ngmeer's request" shall uncover, expose, or otherwIse make available for obscrvatlOIJ, mspectlon, or testmg as Engmeer may reqUIre. that portIOn of the Work 111 questmn, furruslung all necessary labor, matenal; and I::quipment. c. [f It IS found that tbe uncovered Work IS clefectlvc, Contractor shall pay all c!anns, costs, losses, and damages (mcluding but not Iirrutecl 10 all fees and charges of engmeers, archItects, attorneys, and other professllJnaJs and aI] COlm or arbitration or other dIspute resolutIOn costs I :lnsmg out of or rclatmg to such uncovenng. exposure, observanon, lllspecttOn, and testmg, and of sans factorv replacement or reconS!nlCtlOn (lllc]udiIH; but not lirmll::d to all costs of repaIr or replaeemcnt uf work of others), and Owner shall he entitled to an appropnate decrease m the Contract Pncc. If the partIes are unable to agree as to the amount thereof Owner may make a Chum therefor as prOVIded III Paragraph] OOS D, If the uncnvered Work IS not found to be defeCl1ve, Contractor shall be allowed an mcrease 1Il the Contract t'nce or an extensIOn of the Contract TImes, or both, (hrectly attributable to such IU1covenng, exposure, observanon, illspectlOn, testmg, replacement and rCCOIlSll1letlOn, If the partIes are unahle to agree as to the amount or extent thereof Contractor may make a ClaIm thl::refor as provlded III Paragraph 10,05, 13,05 O>vner Mav Stop the Work A. If the Work IS defecnve. or Conrractor f,nls te- supply sufficient skllled workers or sUltable matenals or eqUIpment, or fails to perform the \lv'ork ]I] sllch a wav that the completed Work WIll confoffil to the COIltra~l Documents, Owner may order (:oIlnactor to Stop the Work, or any ponIOn thereof until the cause for such lwder has been elJrrllnaled: however. tlw. nghl of Owner to stop the Wurk shall not glve me w any duty on the pan of Owner tu exerelse tIllS nght for the benefit of Contractor, any Subcontractor, any SuppileL anI-' other mdlvldual or entIty, or any surety rOT. or employee or agent of any of them. 13 O(l Co/'/'t'CtUJ/l or Rcmo\'{~/ 01 Delee/n't' IVorA A, Promptlv alter receIpt of nonce, Cuntractnr sha]] correct illl detectIve Work. whether ur not farlTlcal.ed, mswlled, or completed, or. 11' the Work has b~en rejected by EngmccL remove It froITl the Prow~t and replace It wnh Work that IS not defect! Vt::. ('(mtraclOr shall pay all clamlS, costs, losses, and damageo (mcluomg but not lIn11led to all feeo and charges of engweers, archllects, attornevs, and other protesslOnals and al1 coun or arbttratIon or ol.hcr dispute resolution costs I anslIl~" out of or relatIng to such correctIOn or removal (mcludnlg but not lImited to all costs 01 repan or replacement of work of others I, B. When cOlTcetmg defective Work lilldcr the terms of tillS Paragraph 13,06 or Paragraph 13Jl'7, C:onuaclOr shal1 take no aCl10n that would VOId or otherwise tmpalr Owner's speCial warranty and guarantee, lfany, on saId Work. 13.07 CorrectIOn Penod A, If withm one year after the date of SubstantIal CompletIon (or such longer penod of tIme ilS may be prescribed hy the terms of any applicable specla] guarantee reqUIred by the Conn'act Documents) or by any speCIfic proVISIOn of the Conuact Documents, any Work IS found to be defective, or If the repmr of any damages to the land or areas made available lor Contractor's use by Uwner or perrrutted bv Laws and RegulatlOIls as contemplated lIJ Paraio'Taph 6,11.A IS found to be defectIve, Contractor shall promptlv, wnhollt cost to Owner and lD accordance W1 th Uwner's WTl !len ll1srructions: 1. repaIr such defectJve land or areas: or 1 corrl::ct such defectIve Work; or 3, if the defectIve Work has been rel ected hy Owner. remove It from the Project and replace It wllh Work that !S not defectIve, and 4, satlsfactorilv correct or repaIr or remove and replace any damage to other WorL to the work of others or orher land or areas resultmg therefrom, E.lCDC C~ 700 Standard (,eneral Conditions of the COnstruction Contract. Copyright l0 2002 National Society of Professional Engineers fnr E.lCDC. All rights reserved. 00700 - 33 -I . .- . .- :. , , -I . .- :. :. , :P -I . .- :t =- :I -I . .- - ~ t . It ~ C t t I- " l- e c: t ~ ~ ~ , c C r . III - 8 If Contractor cloes not promptlY comply wtth the temlS of ()wner's wntten lI1StructlOrlS, or 111 an emergency where delay woulcl cause senOllS nsk of loss or damage. Owner may have the defecllve Wark corrected or repaired or may have the reJected Work re- moved and replaced, All claIms, cOSts. losses, and damages (mciudmg hut not IU11lted to all fees and charges ot engweers, architects, attorneys, and other professlOnals and all coun or arbltTallon or other dlspure resolutIon (oses I a[JSITl~ out rlf or relanng lO such correClion or repalr or such remoyal and replaccmenl IIncludll1g but not lnl1lled to all costs of repalr or replacement of work of others I wdl be pard bv ('ontractor. In spt;cIal circumstances whcn~ a parncular Item uf eqUlpment IS placed ill COrHmuous servIce before Suhq;mu;ll I.;omplenon of' all the Work. the correctlOn pennd for that Item rna Y SlJrt lCJ run from an eariter date jf so provldtd tn the Sp(~LtfiCatIOIlS [) Where dcfec(Jve Work I and damage to other Work rewlnne, therdrom I has been conected or removed and replaced under thlS Paragraph J.3.07, the conenlOn penud hereunder wIth respect tu such Work WIll be extender! tor an addltl onal penod of one year after such corrf'cl1on or removal and replacement has been satJstactonlv completed, L Comractor':, ubltgatlons under thiS Paragraph 13.07 arc 111 addltlOIl to any other obhgauon or warrant". The provlslOns of thlS Paragraph 13.lJ7 shall not be construed as a Substlllite for or a walveT of the provlsions of any appltcable stature of lU11ltatlOTl or repose. D.Or) Acccptann' o(Def('C/lvC' Work A. If, ll1stead of requl[!ng correctIon or removal and replacement of defectlve WorL Owner I and, pnar to Engll1eer's recomrnendatlOn of final payment, Engmeerl prders lo acceOl It. C)\V11er mav do su. Contractor shall . . pav all clalIT1S, costs, losses, and damages (mcluding but nOI lnmted to all ftes and charges of engmeers. archltects, attorneys, and oltler profeSSIOnals and all court or arbttratlOIl or other dlsputeresolutlOn costS) attributable 10 Owner', evaiuatIon of and deternnnatlOn to accept such defective Work I such costs to be approved by Engmeer as to reasonaoleness I and tbe dIn1ll1lshed value of the Work to the extent not otherWIse pmd bv Contractor pursuant to thiS sentence. If an\' slich acceptance occurs pnor to Engllleer's recomrnendatlon of final pavrnent. a Change Order will he lssued ll1corporatmg the necessary reVISIOns m the Comract Documents WIth respect to the Worl, and Ownet shall be entItled to an appropnate decrease m the Contnct Pnce, ref1ectmg the d1D1JDlshed value of Wark so accepted. If the parties are unable to agree as to the amount thereof, Owner mav make a ClaIm therefor as provlded lIt Paragraph 1 \L05 If the acceptance occurs after such recommendanon. an appropnate amount wi]] be paid by Contractor to Owner 13 O~ Owner Mm' Correcl Delr;'cnvl' ~V()rk A. If Conrracror fails withm a reasonable t1l11e atter wntten nonce trom Engmeer to conect defectlve Work or 10 remove and replace rejected vVork as reqmred bv Engmeer ll1 accordance WIth Paragraph 13 ,06.i\, or if Contractor falls 10 perform the Work m accordance wlth the Contract Documents, or If Comractor talls to comply wHh am' other pnlvlslOn of the Comracl Documents, (lwner may, after seven days wntten notIce lU COntHClOr. correct or remedy any such defiCIency, B. In exerClsmg thE' ngbts and remedIes under thIS Paragraph 13.0Sl. Owner shall proceed cxpedmoush. In conneCllon wlth such correCllve or remedial acnon, Owner may exclude Contractor from all or pan of the SIte, take poSSeSSlO[] of all or pat1 of the Work and suspend Conrracwr's servICes related thereto, take posses- Sion of C.'onrractor',<; tools. appltances, construcnon equipment and machmery at the Sat, and mcurporate In the Work all materials and equipment stored at the Site or for wrllch U\V11tr has pald Contractor but whIch are stored elsewhere. Contractor shall allow O\V11cr. Owner', represematlves, agents and employees, C!\V11er's other contractors, and Engmeer and Engmeer's consultants access 10 the SHe 10 enable Owner to exercIse tbe nghts and remedIes under thIS Paragraph, C. A]] claIms, costs, losses, and damages (ll1cludmg hut nol \muted to all fees and charges of engll1eers, ardlltects, attorneys, and other protesslOna.ls and all court or arbItration or other dISpute resolunon costsl lDcurred or sus1.amed by Owner 111 exerClsmg the nghrs and remedies under thIS Paragraph 13.09 will be charged agamst Contractor, and a Change Order will be Issued lDcorpora1.lng the necessary reVISIOns lIt the Contract Documems with respect to the Work; and Owner shall be entItled to an appropnate decrease ill the Contract Pnce, If the partles are unable to agree as to the amount of the adJustment, Owner may make a Claml theretor as prOVIded 111 Paragraph 1 O.OS. Such claims, costs, losses and damages will include but not be limited io all cosrs of repau, or replacement of work of others destroyed or damaged oy correctlOn, remo val, or replacement of Contractor's dcfectlve Work. D. Contractor shall not be allowed an extensIOn of the Contract Times because of any delay lD the perfoffilance of the Work attributable to tbe exerClse bv Owner of O\V11er's nghts and remedies under thIS Para~'Taph 13.09. ARTICLE ]4 - PAYMENTS TU CONTRACTOR AND COMPLETION 14.01 Schedule 0.( Values A. The Schedule of Values esrabl1shed as provld. ed in Paragraph 2.07,A will serve as the baSIS for progress EJCDC C-700 Standard General Cooditions of the Construction Contract. Copyrighl [9 20m National Society of Professional Engineers for EJCDC All rights reserved. 00700 " 34 payment;; and wIll be mcorporated mto a form of ADpl1ca- non for Pavment acceptable to Engmeer. Progress pavment;; on dccoum of Umt Pnce WorK will be based on the number of unns complered, 14.lJ2 Progress Pavmenrs A. AppilcanoIls for Pavmems 1, /\t least 2(1 davs before the date established In the Agreement for each progress pavment Ibut not more l)hen than once a momh I, Contractor shall subIl1lt to Engweer for review ::1Il A ppJtcanon for Pavment filled out and signed hy Cotm-actOl covermg the Work completed a;; of the date ot the A ppltcatlOn and accompallled hy such <;urr0l1Int.:dncumentanon a" IS reqUired hy the \.-.'untract [)ocurnems, If pavment ]S requested on the baSIS of malenals and eqUlpme11l not lIlcorporated 1.11 the Wurl h\1t deilverecl and suitably stored at the Site or at :.mother \ocanon agn:'ed tu 111 wnlmg, the Appl1l:anoIl for Payment shall also be accompal1led bv a bill or sak InVuICt, I-'r uther documentarlOn warranting: that (lwner has received the matenab and eqlllpment free and dear of all Liens and eVIdence that the marenals and eqUIpment are covered bv :Jppropnate properly msurance or other arrangements to protect Owner's mterest therem. all of which must he satIsfactory to Owner -, 8eglfullO!; wnh the second Appl1canon for Pavmenl. each A ppllCatlon shal1 mclude an afflda Y11 cd' (untractor smllng that all prevlOus progress pavmems receIved on account of the Work have been applIed on account te, (l1scharge Contractor s legltlrnatc ohilgatlons aSSOCIated with pnor Appl1callons for Payment. 3. 'rhe amount Df retalnage wIth respect to prO~'Tess payments WIll be as stIpulated In the Agreement. 8, Revwvv of ApplicatIOns I. Engmeer wllL wlthm ] 0 days after receIpt of each Appl1cal1on fOf Payment, etther mdicate 1T1 wntmg :J :-ecommencianon of p:Jvment and present the ApphcatlOn to Uwner or rCI11m the ApplicatIon to Contractor mdicatlllg m wntm~ Engmecr's reason;; for rdusll1g to recommend paymcnt, In the l:;!ller case, Cuntractor may make the necessary correCllOllS and resubrrut the Applicatlon, 2. Engmeer';; recormnendatlOn ell any payment reouested In <In ApplIcatlon for Payment wiil consntute a representallOn b:v Engllleer 10 Owner, based on Engmeer's observallons on the Site of the executed Work as an expenenced and qualified deSIgn profeS:ilOnal and on Engmeer's reYlew of the Applicanon for Payment and the accOmpanYlllg, data and schedule;;, that to the best of Engmcer's knowledge, mformallon and belief: b the quality of the Work IS generallv m accor- dance wlth the Contract [Joe uments I subJect LU an eyalUallOn of the Work as a funcl10nrng whole pnor to or upon Substannal Complenon, tn the results oj any subsequent teSIS called for in the Contract Documents, to a Enal detemnnalIun of q lwntmes and classifical10llS for Umt Pnce \\' ork under Paragraph 9,07 _ and to any other qualificanons stated m the recommendatJonl: and c. the condillons precedent \(, Cuntractol's beill~ enwled to such pavm.ent appear (ll have been hllfllled III so far as It IS Englllcer' s responsibtlny to observe the V.': orL 3, By recon=endmg any ;;uch pavrnent f:!l~111eer wtllnot therebv be deemed 1O have rept-esented that a. mspecllons made to check trw quality ur the lluantnv of the Woil: as 1\ has been pertomled have been e:Ul:Jllstwe, extended tn every aspect oj the Work ][1 progress, or Involved de wiled ll1SpectlOns of the Work bev onc! the re::plll1Sl- hlhtles specifIcally aSSigned to Engll1ecr ]n the Contract Documents; or b, that there may not be other matters or lssues between the pat11es that ll11ght en1ltle Contractor 10 be paId addItlonall v bv (lwner or enwlc (iwner to wlthhold payment tl> CuntraClor. 4_ NeIther En~meer's reYle\V of Contractor's Work for the purposes of recommendIng payments nor Engmeer's recommendatIOn of any payment. mcluding ilnal payment, will Impose responsibllir-y on Engmeer: a_ to supervlse, dIrect, 01 control the Work. or h_ for the means, methods, techmque,., sequence;;. or procedures of c onsnuctlOIL or the safety precautlOns and rro~'Tanl.S 111cident therew. ur r;. for Conn-actor's faIlure to comply with Laws and RegulatiOns appllcabJe to Contractor s perfommnce of the Work, or d_ to make any examinatlOn to ascertall1 how or for what purposes Contractor has used the moneys pald on accollnt of the Contract Pnce. or e w determme that tllIe to any of the Work. matenals, or egumment has passed to ()wner free :Jnd ciear of any LIens, 5, EngIneer may refuse to recommend the whole or anv part of any payment if, m Engineer's opll1l0n, it would be mcorrect to make the representanons to Owner stateu In Paragraph 14.02_B2, Engmeer may also refuse to recommend any such payment or. because of subs~- guentiv discovered evidence or the results of subsequent f:.lCDC C,700 Swndard General Conditions of the Construction Contract. COflyright 10 2UU2 National :-'ociety of Professional Engll1eers for EJCOC. All rights reserved, 00700 - 3S a, the Work has progressed to the pomt IndICat- ed: -- . -- - 11.1 :. , , -I . .- :i =- :I :9 -I . .- ~ :I :I .. . III -- ~ I . t ~ C C r ~ l- ll' I- , C t t ~ . , c c . . ~ - mspecIlons or tests. revIse or revoke any such payment recormnendatlon prevlOuslv made. 10 such e::tent as may be necessarY III Engmeer s opmlOn to protect Uwner from loss hec;\Use: a. the Work IS defectlve. or l:ompleted Work has been damaged. requmng correctlOn or replace- ment: b the C ontraCl Pnce has been reduced bv l_~hangt (Irders: ~ Owncr has been reqUIred to correct defecnve Work or compleTe Work 111 accordance wnh Para~'T:Jph 13 OY: ur J Englllccr has acmal knowledge of the ()ccurrence of any ()f the everns enumerated m ParagElpll 1'5 02.A. I" l'llvmcnl Bucomes Ow,, 1, Ten days aher presemalIlln of the ApplIcation for Pavrnent to Owner wJth Engmeer s recommendatlOn, the amount recommended Will (subject to the prnvlslOns of Parili;raph 14.02.1)) become due, and when due will ne paId by Uwncr to (_'ontTactor D. Rcdw::lwn III Payment 1. Owner may refuse 10 make payment of the full amounT recommended by Engmeer because: a, c1aull5 have heen made against Owner on account of Contractor's performance or fmnish- m:,; of the Work. b Liens ha ve been filed In connectIOn wIth the Work. except where Cuntractor has dehvlOred a speclflc hand satisfactory 10 Owner to slOcure the satJsfactlon and dIscharge of such LIens; c, there are other Items entJtling Owner to a set-oil agamst the amount recOlrunended: or d. Owner has acmal knowledge of the occurrence of any of the events enumerated m l'aragraphs 1402.B,S,a throu~dl 14.02.B.5.c or Paragraph 1502,A 2. If Owner retuses to make payment of the full amount recommended bv Engmeer, Owner will gIve Contractor ImmedIate WTI tten notIce (wIth a copy to Engmeer I statmg the reasons for such actIOn and promptly pay Contractor anY i;lmount remammc after deciuctlOn of . . - the amount so wIthheld Owner shaII promptlv pay Contractor the amount S0 wnhheld, or any adjustment thereto agreed to by Ov.rner and Contractor. when Contractor corrects to Owner's satisfacnon the reasons for such aCTIon, 3, If it IS subseyuently deterrnmed that UViner's retusal of payment was not just111ed, the amount wrongfully wIthheld shall be treated as an amount due as detemuned by Paragraph 14,02.(,1. ] 4,0.\ Contractor's Warrann> o( Till e A Contractor warrants and guarantees that tnle to all Work. matenals. and eqUIpment covered by any ApplIcation for Payment. whether Incorporated 1tI the Project or not, wlll pass tC> OWl1er on la ter than the llme of payment free and clear of all LIens, 14 04 SuoslQl1twl CompletIon A, When Contractor consIders the entIre W orh readv for ItS Il1tended use Contractor shall notIfy (Iv-mer and Engll1eer m wrJnng that the enlUe Work IS substannaIIy complete (except for Items speClfically listed by c.ontractor as lllcomplete I and request thaT Engineer Issue a cenificate of SubstantIal CompletIon B. Promptly after (~ontractor s notIficatIOn. Owner, Contractor, and En!:;1l1eer shall make an mspecnon of the Work to determwlO the status of complenon, If Engmeer does not conslder the Work substantIally complete, Engmeer WIll notify COnlractor 111 wIlting glvmg the reasons theretor. C. If Engmeer cOllS1ders the Vi ork substantIally complete, Engmeer will dehver tel Owner a tematlve cernficate of Substantial CllmpletlOn whIch shal1 fix the date of SubstantIal Completlon, 'There shall be attached 1(1 the certlficate a tentative list of Hems to be completed or corrected before [mal payment. Owner shal1 have seven days after receipt of the temauve certIficate dunng which to make wntten ObjectIOn to Engmeer 21,S to any provislOns of the certIficate or attached list. If, after considenog such obJectIOns, Engmeer concludes that the Work IS not substantIally complete, Engmeer will \Vlthm 14 days atter submlsslOn of the tentatlve cemficatc to ()wner nonfy Contractor m WTit11lg. statIng the reasons therefor. If. after consideranon of Owner's objectIons, Engmeer conSIders the Work substantIally complete, Engmeer wi]] wlthw said 14 days execute and dehver to Owner and Contractor a defmltlve certificate of SubstantIal CompletIon (wJth a reVised tentanve list of \terns to be completed or correct- ed I ref1eetmg such changes from the tentatIve certlfleaTe as Engmeer beheves Justified after conSIderatIon of any ohJectlOns from Owner. D, At the time of dehvery of the tentanve certlficate of Substantial Completion. Engmeer wIll deliver to Owner and Contractor a VvTtnen recommen~ datIon as to diviSIOn of responsibilines pendmg final payment between Owner and Contractor wnh respect to security, operation, safety, and protectlOn of the Work. mamtenance, heat. utilitIes, insurance, and warrantIes and guarantees, Unless Owner and Contractor agree otherwIse l!1 wmmg and so inform Engineer m WTinng pnor to Engineer's issumg the defirnnve certlficate of Substantial EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright \1; 2002 National Society of Professional Engineers for EJCDC All rights reserved. 00700 - 3(, CompletlOn, Engineer'" aforeSald recommendatlon will be bmdmg on Owner and Contracwr until final paymen!. E. Owncr shall have the oght to exclude Contractor from the Sne after the date of SubsTantial Completion subject to allowmg Contractor reasonable access to complete or cOlTect Hems on the tentanve lis!. 14,05 Panza! I./tllizallO/l A, Poor !rJ Subsrantwl Completlon of all the Work, (.lwner ma\; use or OCCUPy any substannalh completed part of the Work whlch has speCIfically been ]dentIijed ]n the Contract Documents, or whlch Owner, Engmeer. and Contractor agree consntutes a separately funcnomng and usable part of the Work that can be used bv Owner tor ItS mtended purpose wlthout slgnificant ll1terference WIth Contractor' s performance of the rernameler of the Work subject to the foJlowltl!2 conell. !lons, 1, Owner at any tlme may request Contractor lI1 wntmg to permIt (Jwner to use or occupy any such part of the Work whlch Owner heheves to be ready for Its mtendeel Llse and substantially complete, If and when Contractor agrees that such part of the Work IS suhstanllally complete, Contractor Wlll certlfy to Owner and Engmeer that such pan of the Work IS substantIally complete and request Engmeer to Issue A cemftcate of Substantla] CompletIon for that part of the Work. 2, Contractor at any time may notify Owner and Engmeer In wntrng that Contractor considers any such pan of the Work ready for Its Intended use and substan- t\a]]Y complete and request Engmeer to Issue a cemijcate of SubstantIal Completion for that part of the Work J, Withm a reasonable tIme after elther such request, Owner, Contractor. and Engmeer shall make an lllspectlOn of that part of the Work to detemllne ItS starns of completlOn. If Engmeer does not conslder that pan of 'he Wark to he substantIally complete, Engmeer will notify Uwner and Contractor 1fI \-vrinng glYmg the reasons therefor. If Engmeer conSiders that pan of the Work to be substannallv complete, the provISIons of Paragraph 14.04 WI]] apply wlth respect to certlficanon of Substanllal CompletlOn of thaI part of the Work and the dlvlslon of responsibil1ry 10 respect thereof and access thereto, 4, No use OJ' occupancy or separate operatlOn of pal1 of the Work may uccur pnor to comphance wllh the req\llrements of Paragraph 5,10 regardmg propertY msurance. 14 Or) Finollnspectlon A. Upon wntten notlce from Contractor that'the entire Work or an agreed pomon thereof IS complete, Engmeer will promptly make a final lllspectlOn with Owner and ContraclOr and will nonfv Contractor ill wnnng of all partlculars in whIch this inspecnon reveals that the Work IS incomplete or defectlve, Contractor shall Immediately take such measures as arc necessarv t(i complete such Work or remedy such deficlencle". 14.u7 Fino! Pavmelll A. ApphcatlOn for Payment 1. After Contractor has. 111 the Opll11On of Engmeer. sansfactorilv completed all correCllons IdentIfied dunng the final UlspectlOn and has de II vered. 1rl accordance with the Contract Documents, all TT1Clll1tenance and l)peralmg lllSffilctlOns. schedules, guarantees. bOl1lL. cernfjcales or other eVIdence of ll1surance cemficates of InspectlOn. marked-up record documents (as Drovlded m Paragrapb 6.12), and (lther documents. LonUClc!Or may make appllcallon Cor final payment tollowll1l' the procedure for progress payments. .., The final Applicatwn for Payment shall be accompanied I except as prevlCJusly deilvercd'l bv' a, all documentatIOn called for 111 the Contract Documents, mcludmg but not [mllted to the eVIdence of mSUIance req\llred bv Paragraph 5.(J4.B7; b. t;onsent ofthe surety, if any, to Endl payment: C, A list of all Chums aga.mst Owner that Contractor believes Are unsenkd; and d. complele and legallv effecnve releases or warvers (satisfactory to Owner) of all LIen nghts ansing out of or Liens filed m connection wlth the Work. 3. In lieu of the releases or WJ.lvers of LIens speclfied m Paragraph 14,07 .1\.2 and as approved by Owner, Contractor may furmsh recelptS or releases ])'I full and an affidavlt of ContraClOr that: (l) the releases anel recelpts mclude all labor, serVlces, matenal, and eLjlllpment for whlch a LIen could be filed: and (I]) all payrolls, matenal and eqUIpment bills, and other mdebteciness connected with the Work. for winch Owner or Owner's property lrught many way De responslble have been paid or otherwise sansfied. If <iny Subcontractor or Suppher falls to furmsh such a release or receIpt Il1 full, Contractor may furnIsh a bond or other collateral satrsfactory 10 Owner to mdemmfy Owner agamst any Llen, B. Engzneer's Rev/ev..' of Application and A CccplOllce 1. If. on the baSIS of Engmeer' s observatIOn of the Work dunng constructlOn and final rnspectlon. and Engmeer's revIew of the final Appltcation for Payment and accompanying documentanon as reqmred by the Contract Documents. Engmeer is satlsfied that the Work has been completed and Contractor's other obltganons E.ICD(' ('-700 Standard General Conditions of the Construction Contract. Copyright iD 2002 National Society of Professional Engineers fur EJCDC. All rights reserved. 007l){) - 37 ., . .- . .I :. =- , -t - -- :. :. :J ~ .. -t .. .- ~ :I , -I .. -I ~ I; p . l- i: C C t l- . I- , C t r " ta , C C p . ~ - under the ,='ontract Documt:nts have been fulfilled, ED'!1I1eer wtlL wlthm tell davs after receipt of the final Appilcal10n for Payment, 1I1dlcate m wntmg Engmeer's recommendatIOn of payment ~md present the Apphcatlon for Payment to Owner for pavment, At the same time En~1I1~er wIll ::liSD gi ve wntten notice TO Owner and Co~tractor that the Work IS acceptable subject to the pr<W\SlOns of Paragraph ] 4.00 Other"/lse, Engmeer will ;'cturn the ApplIcallon for Payment to Contractor, mdicat- me' m \\-'Tltlne' the reasons for refusmg to recommend final r;v111cnl. n:' wlllch case ContraclOr shall make the necessary correctIons and resubmll the Appl1catJon for Payment. hJVrnent Becomes [Jue ]. Thmy davs alter the presentation to Uwner of the Appllcallon felr Payment and accompanymg docu- menta lion, the amoun 1 recommended bv Engmeer, less any surrl Uwner IS entllled to set off agamst Engmeer' s recorrunendallOl1. mcludll1g but not hrruted to liqUidated damJpcs. will become duc and, Will be paid by Owner to C.'ontractor. ] 4,0C: FlI1u/ Coml'/enon De/avec! A. If, throu~h no fault uf Contractor, final cornplenon of the Work IS sIgmficant!v delayed, and If Engmeer su confinns, Owner shall, upon receIpt of Contractur s final Appllcanon for Payment (for W urk full v completed and accepted) and recorrunendatlon uf Engmeer, and wlthout ternunatmg the Contract. make payment of the balance due for that purtllln of the Work fully completed and accepted, If the remammg balance to be held bv Ownn for Work not fully completed or conected 'IS less than the retalImgc snpulmed lD the Agreement, and If bunds have been furnished as requIred In Paragraph 5.01, the wntten consent ot the surety to the pavment of the balanc e due for that portlOD of the Work fully completed and accepted shall be subnutted by 1..'onlraCLUr to Engineer wlth the Applicanon for such payment. Such payment shall be made under the terms and cundltlons governmg final pavment. except that Jl shall not consnUlte J waIver of Claims. 14.0li WuzW'r 01 C/azms A, The makmg and acceptance of final pavrnent will constnute: 1, a waiver of all ClaIms by Owner agamst Contractor, except Cl,uills ansmg from unsettled LIens, from defectlve Work appeanng after fma1 mspectIOn pursuant to Paragraph 14.06, from failure (0 comply WIth the Contract Documents or the terms of any speewl guarantees specified therem, or from Contractor's contmumg obligatlons under the Contract Documents; and WIth the requlremems herem and express 1',0' ackllOwledged bv Owner 10 wrlt!n~ as stIli unsettled, ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15,01 O"vner Mal' Suspend Work A. At any tlme and wlthuut C;luse, Owner may suspend the Work or anv pomon thereot for a penod of nOl more than 90 COl1secunve davs bv notice m wrltmg to Contractor and Engll1cer which Will fix rhe date on wlllch Work w1l1 be resumed Contractor shall resume the Worl: on the dale so fIxed Contractor shall be granted an adJust- ment lTI the Contract Pnce or an extension of the Comract Times, ur both, directly attributable to Jnv such sllspensIOn If Contractor makes a Cl.:lltTJ therefor as prOVIded 1Il Paragraph lO.U5. ] 5 OJ. Owner Mal' Tcrmmatclor C'UllS" A. The uccurrence of anyone 01 more of the tollowmg events will J USUry temunatwn for cause: I. Contractor's persistent fal1urc to perfonn the Work 10 accordance WIth the Contract Documents (mcIudmg, but not limIted to, failure to supply sufficlcnt skilled workers or SUitable matenals or equipment or failure \0 adhere to the Progress Schedule establIshed under Paragraph :;,07 as adjusted from time to tlme pursuant to Paragraph 6.04); :;, Contractor' 0, disregard of La ws or RegulatIons of any public body having Junsdlction; 3. Contractor's disregard of the authontv of Engmeer; or 4. Contractor's violation III any substantial way of any prOyiSIOnS of the Contract Ducuments. B. If one or more of the events IdentIfied m Paragraph 15.02./\ occur, Uwner may, after glVlrtg Contractor (and surety I seven days wntten notlcc of Its mtent to terrrunate the servICes of Contractor: I. excIude Contractor trom the Site, and take possession of the Work and of all Contractor's tools, appliances, consrructJon eqUipment, and machinery at the SIte, and use the same to the full extent they could be used by Contractor I \.V1thou( lIability to Contractor for trespass or conversion), 2. incorporate 10 the Work all matena1s and eqUlpmem stored at the SIte or for whIch Owner has paid Contractor but wlllch are stored elsewhere, and 2. a walVer of all Claims by Contractor agamst Owner other than those previous1\! made 10 accordance EJCDC C-700 Standard General Conditions of the Construction Contract, Copyright lQ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 38 _. complete the Work as Owner may deem exp~dlent. C. If Owner proceeds as provIded m Paragraph 1 ::.02.B. ConITactor shall not b~ entItled 10 receIve any turther payment until the Work IS completed, If the unpaId balance of the COImar.;! Pnce exceeds all dallill, costs. losses. cllld damages (mcludmg but not hmlted to all fees and charges of engmelOrs, architects. attomevs, and ilthcr professlOnals and all court or arbmatlOn (Jr other dls!'ute resolution costs) sustamed bv Owm:r ansmg uut of or relatmg to completing the Work, such excess WIll be paid to Contractor If such clam1S, costs. losses. and damage" exceed such unpaId balance, Contractor shall pay tht cl1tference te, ':)wner. Such claims, costs, losses. ,md ,-tamages mcurred hv Owner WIll be revlewcd by Engmeer as I" theIr reasonablene,;c, and, whcn so ~Ippr()ved bv Engmeer. mcorporaIed III a Change Urder When exerClsmg anv nghIs ()]" remedle, 11l1der tlJ1s Para)!raph Owncr shall nor be reqUired to "btam the i<",west pnce for the: Wurk perfOlmed. D Notwithstanding Paragraphs 1502.S and 15.U2.(', Contractor- s servIces wIll not he teJmmated 11 Contractor begms wlthm seven davs of receIpt of nonce of intent to termmate to correct its failur~ to perfoTTJI and procceds dillgentlv to cure such failure WlthtIl nu more than JU Javs of recnpl of saId nOllce. E. Where Contractor's serv](;es have been so tenmnated by Owner, the tenmnal10Il wIll not atfect any nghts III remedies of Owner agamst Contractor then cXlstmg or whJ(;h may thereaher accrue. Any retennon or payment of moneys due Contractor hy (),vncr WIll not rdease Contractor h'om habllrty. F If and to thc extent that Contractor has provided a performance bond under the provIslOTIS of Panllo'Taph :). () I.A, the tcrmmatlon procedures of that bond shall supersede the prOVtSlOns at Paragraphs 1 ).02.B. and .S,02,C : 5.cU Ov.'ner MCIi' Termmate For C:onvcnu:ncc A Upon seven daYs wntten notJce to Contractor and Engmeer, I)wner may, WIthout cause and WIthout preJuclrce to anv other nght or remedy of Owner, ternunate the Contract. In such casc, Contractor shall be paId lor 1 Without duplrcatlOn of any nems I. 1. completed and acceptable Work necuted m accordance wtth the Contract Documents pnor to the effectlve datc of terrrunatlon_ mciucimg fan and reasona6le sums for overhead and profit on such Work: 2. expenses sustamed pnor to the effectIve date of temunatlon in performmg servIces Jnd [url11shmg labor. ma!enals_ or equIpment as req\l1red hy the COl1lTJ.ct Documents m connectlon wnh uncompleted Work. plus fatr and reasonable sums for overhead and profit on such expenses: -, all clanDs. costs. lo:;:;c s, and dama lIe.', I includlI1~ but not lImnecl to all tee", and chargee, "f cngmeers, arcimects. anomeys, and (J thn protesslOnai,s and all co un or arbltr~lllOn or {)ther ulspute resoiutllJJI costS I mcurred III settlement of ten11lna led conmlClS with Subcontractors, Suppliers, and Mhers, and 4 rea,;onable expenses chrenlv attributabk to tenmnattCJn. B Contractor shall not he paId on account (jf los' of antlCrpateo profits or reyenue: Dr otber eU.ITIUmIC IllS:, anSll1g out uf or resultlllg [rom such tCITrunallun. IS,()4 C"nn-actorMav Sin!' Work or Tcmll11 Il!i-' A. If. through no act or fault oj" Conrractor, (i I the Work IS suspended tor more than 90 conseCUllVt: c!av:; by Owner Dr under an order of coun or otheI puhlll authunty, or (lll Engmeer fmls to act on anv ApplicaIlon for Payment wlthm 3 () days after It IS sublmtteu. or Illtl C.>wner fails for :lU da;/'; to pay Contractor any sum finally detemuned to be: due, then ContraCTOr may, u[Jon seveIl deWS wntten notIce to Owner and En~,pn~n, and prOVIded Owner or Engmeer do not remedy such suspens]()n lIr [inlure wltllln thar tlme. terrmnate the ContTacl and recover from Owner payment on the samc terms as proYlded 111 Paragraph IS ,U3 B. In lieu of termmatmg the Contract and WIthout preJudlce to anv other nght or remedy. If Engllleer has failed to act on an AppllcatlOn for Payment wlthlll 30 days after tt 1S submttted. or Uwner has [ailed for 30 days tu pav Contrar.;tor any sum fmallv deteml'ncd to be due. Contractor may, seven days after wntten nOl1ce to Owner and Engmeer, stop the WlIrk unt11 paVIl1t:nt I:' made of all such amounts due Contractor. mcluumg mteresl thereon, The provlslons of thIS Paragraph 15.114 are not Intended to preclude Contractor from rnakmh' J CImm under Paragraph IO.C)S for an adJustment Itl Contract Pnce or Contract Times or oTherWIse for expenses or damage d1rec tl v amiburab Ie to Contractor' s stoppmg the Work as perrrutted by tlm Paragraph ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A Either O\VTIer or Contractor may request medIatIOn of anv C1a1m suhrrutted to Engmeer for 3 declSlOn under Paragraph 10,05 before such deCIsion becomes final and bmding, The mediation will be E.JCD(' (,.iOO Slandard General Conditions of the Construction Contract. Copyright (g Z002 National Sociery ofProfessiooal Engineers fur EJCDC. All righls reserved, 00700 . 39 :- -t .. .- . .. :I :J , -I . .- :II :J , -I . -I . .- ~ 3 ~ -I - ~ t I t I I ~ C ~ l- . l- i: C ~ r .. . II . C C -: I- - ,"oyemed bv the 1_:unSDllCtlOn industry Mcdmtlon Rules ~t the Amencan Arbmatlon ASSOCJatlOll m effect as of the Effecnve Dale ot the Agreement. The request for medla!lon shall be submllled III wrltlng to the Amencan Arbm;l.tlOn AssuCla110n and the other panv to the Contract Tlmelv sUDnusslOn of the request shall stav the effect of Paragraph 10 .O:'.E B ()v,'Tler and Contractor shall partlClpale Il1 the medlatllm process III goou tanh. The process shall be concludcd W!thlll hCi J;w,. of film!, of the request. The dare ur temllnatllHI of the medlJ[lOll shall be detennll1ed bv appllcatlon 01 the rnedlalloll rules referenced above. elf the elalln IS not resol yed bv medJatlon, Engll1eer"s ac!lon under PJragraph 10.0S.C or a dellla] pursuant to Paragraphs I u.I)5.,:.3 or lO O.'..D sha.!l becllmc hTlcd and bllldmg .~( ) days Jfter tenl1l11J110n u f the mecirJtll1l1 unit:,s. wlthm thaT !lme pen lid. Uwner or CUTluaCwr 1. dects m wntmg to Invoke any dispute re~(]IU!lOIl proce~i\ prO\iJded lor In thc Supplementary CundmuTls, or 2 a!!feCS wIth tht lither panv tCl subrmt the Clann to another cl1:;pute re:;olutlon process, or = !!IVe,. \\'Tlnen notlce to the other partv of theu ll1tent to whrmt the ':~lalm tu a court of competent J unsdlCtlOn. ARTICLE ]7 . MISCELLANEOUS 17.01 (j'ivlI1t: No/lce A. Whenever ilnv provIsIOn of the Contracl Documcnts requlres the glVll1g of \\'THten lllltlCe. It will be denner! te, h8ve been validly gIven If. l. delIvered In person to the mdlvldu81 or to a memher of the tlrm or to an officer of the corpor8tlOn for whom 11 I:; mtended, Of 2. dehvered at or sem by regIstered or cemEed mall, postage prepaId. to the last busll1es s addre:;s knuwn to the gIVer of the notlce. 1702 CumpuratlOllolTimcs A. When anv penod of tIme IS referred to m the (onaact Documents by days, It WIll be computed to exclude the first and lllclude the last da'.' of such penod. If the last ciay of Jny sllch penod falls on a Saturday or Sunday ur OIl a day made a le~al holrdav hv the law of the appllcable .lllflSdlctlOIL such da\' wll] be ol11Jned tram the COmpUlallon. 17 OJ CUTnularzve Remedies A The dunes and obllganum ID1DoseU bv these General C ond1l1ons and the nghls and reTI1edleo; av,nlabIe hereunder to the paTtles hereto are m add 1l1on to, and are not tll be cU!lstmed Il1 anv wav as a Irnlltatlon of. anv nghb and rcmedles aVallable to any or all oj them wluch are otherwlse Imposed or aV8dabie by Laws or lZeguhi- tlons, hy speCIal wanantv or guarantee, or hy other provlSlons of the Contract Documents. The provIsiOns of thIS Paragraph wrll be ,is effectJve as If repeated speciCrcally 111 the Contract Documents m cunneCl10rl wIth each particular duty, obl1[!allOn, n[!hl, Jnd remedv lU whrcll they applY i 7.U4 SurVival oj Uhl/gal/on.'. A. All represent<lllonS, 111uemmtlcallons, wanan- ues, and guarantees made 111, reqUired hy, or gIven III accordance wlth the Contract Documents, as well a:; all contmu1l1g oblrgatlllns mdlcated 1lJ the Contract Docu- ments, WIll wrvlvc final payment, cumpleuon, and acceptance of the Work or termmatlOrl (ll completion of the Contract or ternunatJOn of the sefVlces of Contractor. 17.05 COil/roiling LCFW A. ThIS Contract IS to be governed bv the law of the state m whIch the Project IS located. ] -; Or) Hcadmgs A. ArtIcle and para~'Taph headings arc ll1serted for convel1lence onlv and do not constItute pans of these General CondlllOns. EJCDC C-700 ~tand3rd General Conditions of the COllsrruction Contract. Copyri!(ht r.9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 40 I I I - ~ I . I ~ C ~ , . It , C C . . l- . l- e SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS These Supplementary Conditions to the General Conditions amend or supplement the Standard General Condmons of the Construction Contract (No. C-700, 2002 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 and Power of Attorney and Certificate of Insurance and submIt all copies to Engmeer who will fonvard them to the Owner. Owner shan 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 mdicated in the Notice to Proceed. SC - 2.05 BEFORE STARTING CONSTRVCTION Add a new paragraph immediately after paragraph 2.05.A.3 of the General Conditions which is to read as follows: 2.05.AA 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 connnn the hourly rates per Paragraph 11.01.A.5.c of the General Conditions and these Supplementary Conditions mcluding: make, model. and year of manufacture as well as the horse power, capacity or weight, and accessories. Section 00810 SUPPLEMENTP.RY CONDITIONS TO THE GENERP..L CONDITIONS Page 1 of 12 se - 2.07 INITIAL ACCEPT ANCE OF SCHEDULES Delete the first paragraph of 2,07.A of the General Conditions m its entirety and insert the following in its place: Prior to the first application for payment all schedules and documents identified in paragraph :;,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 mterfere with or relieve Contractor from Contractor's full responsibility therefore. Add the following after Paragraph 2.07.A.3: Contractor's Schedule of Equipment will be acceptable to Engineer as to form and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5.c. se - 4.01 A V AILABILITY 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. se - 4.02 - SUBSURFACE AND PHYSICAL CONDITIONS Delete the first sentence of 4.02.A and replace with the following: A. Reports and Drawzngs: The Special Provisions identify: Sectlon 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 2 of 12 ".'-1........ we ..... ~ . .- ,d' , , -- . III :. , , III . -- ~ :i , :I II - . . III , C C ~ Ii . . .-: c t: p . I- .-: c c . . l- . .. ~ SC - 4.03 - DIFFERlNG SUBSURFACE OR PHYSICAL CONDITIONS Add the followmg to the end of Paragraphs 4.03.A. Contractor to notify Owner and Engmeer in writing about differing subsurface or phYSIcal condJtions 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 Mileston es I will be valid for diffenng subsurface or physical condItions if procedures of this paraf:.""Taph 4.03 are not followed. sc - 4.04 - UNDERGROUND FACILITIES Add the following new parat,'Taph immediately after Paragraph 4.04,A.2. 3. At least :2 but not more than 10 business days before beginning any excavation. the Contractor sha11 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 Comract Documents with respect to existmg underground facilities is based on InformatlOn 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: Reference IS made to the Special Provisions for the idemifi cation..... 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 lor compani-es I authorized to write insurance in the State of Montana, with mmimum "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 Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 3 of 12 insurance has been obtained and certificates of insurance, with binders, or cenified copies of the insurance policy shall have been filed with the Owner and the Engineer. All insurance coverages shall remam 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 lea.st 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 RegulatlOns: 1. Workers' Compensation, etc. under Paragraphs 5.04.1 and 5.04.2 of tbe General Conditions. a. b. State Applicable Federal (e.g. Longshoremans) Employer's Liability Statutory Statutory $ 500,000.00 c. "') 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 $ ],000.000.00 c. Personal and Advertising d. Each Occurrence (Bodily Injury and Propeny Damage) $ L 000.000.00 e. Coverage will include: 1. Premises - Operations Operations of Independent Contractor Contractual Liability Personal Injury "') ..... 3. 4. SectlOD 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 4 of 12 .. . .- :. , , -I . III - -- :11 :II :I .. - .- - -- .:1 :I 'II . -- ~ ~ t . . . ~ c c p . l- I: C C -= l- . .. .: c -= II' . -- ~ 5 Products and Completed OperatlOns 6. Broad Fonn PropeI1Y Damage will include exploslOn, collapse, blastmg and underground where applicable. i. Per Project Aggregate Endorsement 3. Automobile Liability under Paragraph 5 .04.A.6 of the General Conditions: a. BodilY' Iniurv: Each Person Each Accident 5) soo,aoo.ao $ L 000,000.00 PropeI1V Dama2:e: Each ACCldent $1.000,000.00 \ aT) b. Combined Single Limit 5) 1,000,000.00 Coverage to Include 1 . All Owned ') 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 OT umbrella insurance. Primary occurrence limit cannot be less than $ LDOO,aOO.oo. Deductlble not to exceed $5,000.00 per occurrence on property damage. 5. Add a new paragraph at the end of Paragraph 5.04.B. I 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 pohces. 6. The Contractual Liability coverage required by Paragraph 5.04.B.4. of the General Conditions shall provide coverage for not less than the followi?g amounts: Each Occurrence Aggregate 5) 1.000.000.00 S 3.000.000.00 Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 5 of 12 sc- 5.04.B.5 CANCELATION NOTICE Amend paragraph 5.04.B.5 of tbe General Conditions by striking out the vvords "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 lD Its entIrety and mseI1 the following in Its place: A. Contractor shall purchase and maintain property insurance upon the \Vork at the site III 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). Tbis insurance shall: 1. Include the interests of Owner, Contractor, Subcontractors, Sub- Subcontractors, Engineer, Engineer' 5 Consultants, and any other persons or entities identified in the Supplementary Condi "tlODS, 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 fonn that shall at least include insurance for physical loss and damage to the Wark, 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 Wark by Owner; Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 6 of 12 :- -- . III :t , , -- . III ... I I I I I I I I I I I I I I I I I I", I 6. include testing and start-up; and 7. be maintained in effect until final payment is made unless otheffiise 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 }lctl.:1to,i<J.}llJ j.uC.C U.l till;:: uc;w::nu LUlIUlllOns. D. The policies of insmance required to be purchased and maintained by Contractor in accordance with this paragraph 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 Ai\1. to 5:00 P.M. Emergency work may be done without prior permission. SC-6.04 PROGRESS SCHEDULE Delete Paragraph 6.04.A.l of the General Conditions m 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. , , H ,Section 00810 ' , , SlJJ?PLEMENT ARY CONDITIONS TO THE GENERAL CONDITIONS Page 7 of 12'" Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 8 of 12 "".i... , .,r 1ft .. .t ~ -- -". ~ :J :J -t .. --- .. :i =- , . 1I;.t' ~ .- .- :I -r"'("" , .. -t. - -- IB SC- 6.13 SAFETY AND PROTECTION Add new paragraphs to the end of paragraph 6.13.D of the General Conditions as follows: E. 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. F. 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. G. 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. H. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads. t . . It , C C ~ Itl . .i , C II! -.) .! lIi .1 ,: C C ..1 .' II" .' sc- 6.20 INDEMNIFICATION Add 3. new paragraph immediately after paragraph b.lO.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, prof,,'Tess and operations of the Contractor. It 1S 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 ProvislOns for identificatlOn of the responsibilities and authority and linlltations of the Engineer's Resident Project Representative (if any). sc- 11.01 COST OF THE WORK Delete paragraph 11.01 .A5.c of the General Conditions in its entirety and insert the following in its place: 11.0 1.A.5.c The cost for the use of all construction equipment and machinery and parts thereof whether owned by the 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 portlOTI 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 equipmento machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly eqUlpment and machinery rates shall be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submItted according to 3C-2.05 and 3C-2.07, and as follows: 1. For working eqUlpment the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. .., For equipment on standby, the hourly rate shall be 500/0 of the monthly rental rate divided by 176 hours per month, and the hourly operatmg cost shall not be applied. F or specialized equipment rented for a short duration used for change order work or additional work not pan of the scope of work bid, the equipment rental rates will be negotiated prior to the work being performed. Section 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 9 of 11 SC-11.03 UNIT PRICE WORK Delete paragraph 11.03.D.l and '1 of the General CondItions m its entirety and insert the following in its place: 1. the quantity of a particular item of Unit Price Work performed by Contractor differs by more than 25% from the estImated quantIty of such item indicated in the Agreement, and 2. the total cost of the particular individual item of Unit Price Work amounts to 10% or more of the Contract Price whIch IS the total sum of all schedules (if any), and sc~ 14.02.A APPLICATIONS FOR PAYMENTS Add the following language at the end of paragraph 14.02.A.I of the General Conditions: Payments for materials in storage shall be based only upon the actual cost oftne 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 matenal 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. Retamage may be used by the Owner to offset costs for any 0 f the losses enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.d inclusive, 14.02.D. l.a. through 14.02.D.l.d inclusive, or 15.02.e. In addition retainage may be used by tite Owner to protect against loss from failure by the Contractor to complete necessary vvork and to offset any liquidated damages due Owner. Add a new paragraph after paragraph to 14.02.A3 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 reqUlred by Owner or Engineer. The Owner reserves the right to require submission of monthly certified pa)/Tolls by the Contractor. SectIOn 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Page 10 of 12 :- It . III :. :) :J :t .- . .J ~ :I :J -I . .- . . 3 :J :I 4 . ~) t . .:; 1-: , C C Pi .:' 1-) .) .' c: C, -:. .' .,. .' .:. c, c! II' ., SC-14.02.C PAYMENT BECOMES DUE Delete Paragraph 14.02.C.l of the General Conditions m its entirety and insert the following in lts place I The Owner will. upon presentatIon to hlm of the Contractor's ApplJcation for Payment with Engmeer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated bv the Owner at the preconstruction conference. Payment will become due when Owner approves the application for payment and will be paid by Owner to Contractor with in 3U days of the day of the month stipulated above at the preconstructlOn conference. sc- 14.02.D.1.c Amend the sentence of Paragraph 14.02.0.1.c to read: .. .entItling Owner to a set-off against the amount recommended, including liquidated damages; or... SC-14.03 CONTRACTORS WARRANTY OF TITLE Add the following at the end of Paragraph 14.03.A of the General Conditions: Neither recommendation of any progress payment by Engineer nor payment by the Owner to Contractor, nor any use or occupancy of the Work or any part thereof will release the Contractor from complying with the Contract Documents. Specifically the Contractor shall maintain in accordance with Article 5, property insurance on all Work, materials. and equipment whether incorporated in the project or not and whether included in an application for payment or not, for the full insurable value thereof. Passing title to Owner for materials and equipment included m 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 Secrion 008] 0 SUPPLEMENT .I\RY CONDITIONS TO THE GENERAL CONDITIONS Page 11 of] 2 use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to prior to such use, and any extra costs or delays in completion incurred and properly claimed by Contractor will be equitably adj listed with a Change Order. Facilities substantIally completed in accordance w1th 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 instructlOn 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 portlOns 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 17.01.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 1S hereby designated as the place to wh1ch all notices, letters, and other commuDlcation to Owner shall be mailed or delivered. Either party may change his address at any time by an instrument in writmg delivered to Engineer and to other party. END OF SECTION Sectlon 00810 SUPPLEMENTARY CONDITIONS TO THE GENER.A.L CONDITIONS Page 12 of 12 -I . -I . .1 :. =- , -I . -t :. :. , =- -I . -- .:. :. , -- . -t .. I I I I I I I I I I I I I I I I I I I MONTANA PREVAILING WAGE RATES Heavy Construction Rates effective: March 10, 2006 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of Labor & Industry To obtain copies of prevailing wage rate schedules, contact: Research and Analysis Bureau, Workforce Services Division Montana Department of Labor and Industry P. O. Box 1728, 840 Helena Ave. Helena, MT 59624-1728 Phone 406-444-2430 FAX 406-444-2638 Toll free 800-541-3904 TOO 406-444-0532 We're also on the Internet at: www.ourfactsyourfuture.org For information relating to public works projects and payment of prevailing wage rates visit ERD at: www.mtwagehourbopa.com or contact them at Employment Relations Division Montana Department of Labor and Industry . P. O. Box 6518 Helena, MT 59604-6518 Phone 406-444-5600 TDD 406-444-5549 The Research and Analysis Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to provide information in accessible format, on request, in compliance with the Americans with Disabilities Act. 1 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I MONTANA PREVAILING WAGE RATES Heavy Construction Rates effective: March 10, 2006 Brian Schweitzer, Governor State of Montana Keith Kelly, Commissioner Department of labor & Industry To obtain copies of prevailing wage rate schedules, contact Research and Analysis Bureau, Workforce Services Division Montana Department of Labor and Industry P. O. Box 1728, 840 Helena Ave. Helena, MT 59624-1728 Phone 406-444-2430 FAX 406-444-2638 Toll free 800.541-3904 TOO 406-444-0532 We're also on the Internet at: www.ourfactsyourfuture.org For information relating to public works projects and payment of prevailing wage rates visit ERD at www.mtwagehourbopa.com or contact them at Employment Relations Division Montana Department of Labor and Industry P. O. Box 6518 Helena, MT 59604-6518 Phone 406-444-5600 TOO 406-444-5549 The Research and Analysis Bureau welcomes questions, comments and suggestions from the public. In addition, we'll do our best to provide information in accessible format, on request, in compliance with the Americans with Disabilities Act. 1 Heavy Construction. Montana I I I I I I I I I I I I I I I I I I I MONTANA PREVAILING WAGE REQUIREMENTS Heavv Construction 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, 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 18-2-401, et seq., Montana Code Annotated. It is required that each employer pay, as a minimum, the rate of wages, including fringe benefits and zone pay applicable to those occupations 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: www.ourfactsyourfuture.org or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444-0532. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and payment of prevailing wages. For detailed compliance information relating to Public Works projects and payment of prevailing wage rates, please consult the Regulations on the Internet at: www.mtwagehourbopa.com or contact the Labor Standards Bureau at (406) 444-5600 or TDD (406) 444- 5549. Keith Kelly Commissioner Department of Labor and Industry State of Montana 2 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication.......... ............................. .......... ................. 4 B. Definition of Heavy Construction........................................... 4 C. Definition of Public Works Projects........................................4 D. Prevailing Wage Schedule.. ...... .......... ............... ............... .......4 E. Fringe Benefits.............................................................. . .........5 F. Apprentices....... ..................... ................. ...... ...... ...... . .... ..........5 G. Posting Notice of Prevailing Wage................................ .........5 H. Employment Preference............................................... ...........5 1. Rates to use for Projects................................................. ..........5 3 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I A. Date of Publication: March 10,2006 B. Definition of Heavy Construction The Administrative Rules of Montana (ARM) 24.17.501 (4) ~ (4)(a), Public Works Contracts For Construction Services Subject to Prevailing Rates. states that "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either 'building construction', or 'highway construction.' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designed for commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut~ offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects (outdoor), fish hatcheries, flood control projects, industrial incinerators (other than building), irrigation projects, jetties, kilns, land drainage (not incidental to other construction), land leveling (not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings), pipe lines, ponds, pumping stations (prefabricated drop-in units - not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc.), shoreline maintenance, ski tows, storage tanks, swimming pools (outdoor), subways (other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings) and wells." Federal Davis-Bacon wage rates as published in U.S. Department of Labor General Wage Decision No. MT2003000 1 Modification No.lA have been adopted by the Montana Department of Labor and Industry for use in Heavy Construction projects and are included in this publication. These rates apply statewide or as shown in MT20030001 Modification No. 14. C. Definition of Public Works Projects The Montana Code Annotated (18-2-401 (11)( a)) 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 is which the total cost of the contract is in excess of $25,000." D. Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein. These rates will remain in effect until superseded by a more current publication. Current prevailing wage rates schedules for Building Construction, Highway Construction and Non-construction Services occupations can be found on the Internet at www.ourfactsyourfuture.org or by contacting the Research and Analysis Bureau at (800) 541-3904 or TDD (406) 444-0532. E. Fringe Benefits Section 18~2~412 of the Montana Code Annotated states that: "(1)... a contractor or subcontractor may: 4 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash; (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the United States Department of Labor; or (c) make payments using any combination of methods set forth in subsections (1)(a) and (l)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions that meet the requirements of the Employee Retirement Income Security Act of 1974, travel, or other bona fide programs approved by the United States Department of Labor, that is applicable to the district for the particular type of work being performed. (2) The fringe benefit fund, plan, or program described in subsection (l)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the United States 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. Employers are obligated to pay the wage rates and fringes as listed in the booklet, including the zone hourly rate when applicable. For heavy and highway construction occupations, the vacation benefit amount is not included in the prevailing wage rate, unless stated otherwise. F. Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. However, apprentices not registered in approved federal or state apprenticeship programs will be paid the prevailing wage rate when working on a public works contract. G. Posting Notice of Prevailing Wages Section I 8~2-406, Montana Code Annotated, provides that contractors, subcontractors, and employers who are performing work or providing 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 to be paid to the employees on such site or work area. H. Employment Preference Sections 18-2-403 and 18-2-409, Montana Code Annotated require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. I. Rates to Use for Projects Rates to be used on a public works project are those that are in effect at the time the project and bid specifications are advertised. 5 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I MONTANA STATEWIDE PREVAILING DA VIS-BACON Rates Effective: March 10, 2006 HEAVY CONSTRUCTION WAGE RATES General Wage Determinations Issued Under the Davis-Bacon and Related Acts State: Montana Construction Types: Heavy Counties: Montana Statewide. 6 Heavy Construction. Montana I I I I I I I I I I I I I I I I I I I ZONE DEFINITIONS HEAVY CONSTRUCTION PROJECTS CARPENTERS, *CEMENT MASONS, LABORERS, POWER EQUIPMENT OPERATORS AND TRUCK DRIVERS The zone hourly rates applicable to each project shall be determined by measuring the road miles over the shortest practical maintained route from the nearest County Court House of the following listed towns to the center of the job: BILLINGS, BOZEMAN, BUTTE, GREAT FALLS, HAVRE, HELENA, KALISPELL, LEWISTOWN, MILES CITY, MISSOULA Zone 1: Zone 2: Zone 3: o to 30 miles ~ Base Pay 30 to 60 miles - Base Pay + $2.95 Over 60 miles - Base Pay + $4.70 *CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW, GLENDIVE, SIDNEY Modification Number o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Publication Date 06/13/2003 11/07/2003 11/28/2003 01/23/2004 03/05/2004 04/09/2004 05/07/2004 09/10/2004 10/08/2004 04/01/2005 04/08/2005 04/22/2005 OS/27/2005 06/24/2005 09/09/2005 7 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I * CARP0028-002 06/01/2005 Rates Fringes Carpenters: (Zone 1) Carpenter & Pilebuck. ..... ..$ 19.60 Millwright. . . . . . . . . . . . . . . . . . . . . $ 21.60 7.80 7.80 CARP0028-004 06/01/2004 Rates Fringes Diver Tender. ........ ... ..... ..$ 27.30 Dive r. . . . . . . . . . . . . . . . . . . . . . . . . . $ 57. 50 7.45 7.45 ELEC0044-001 06/01/2002 Beaverhead, Big Horn, Blaine, Broadwater, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson, Deer Lodge, Fallon, Fergus, Gallatin, Garfield, Glacier, Golden Valley, Granite, Hill, Jefferson, Judith, Basin, Lewis And Clark, Liberty, Madison, McCone, Meagher, Mineral, Missoula, Musselshell, Park, Petroleum, Phillips, Pondera, Powder River, Powell, prairie, Ravalli, Richland, Roosevelt, Rosebud, Sheridan, Silver Bow, Stillwater, Sweet Grass, Teton, Toole, Treasure, Valley, Wheatland, Wibaux, And Yellowstone Counties Rates Fringes Line Construction (1) Lineman.................$ 25.79 (2) Equipment Operator.. ....$ 20.63 (3) Experienced Groundman...$ 16.76 4.25%+6.71 4.25%+6.34 4.25%+6.07 ELEC0233-001 06/01/2004 Blaine, Broadwater, Cascade, Chouteau, Fergus, Glacier, Hill, Judith Basin, Lewis & Clark, Liberty, Meagher, Petroleum, Phillips, Pondera, Teton, Valley, and Wheatland Counties Rates Fringes Electrician...... ... ...... .....$ 23.26 3%+8.04 8 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I ELEC0233-002 06/01/2004 Beaverhead, Deer Lodge, Granite, Jefferson, Madison, Powell, And Silver Bow Counties Rates Fringes Electrician............ ...... ..$ 23.25 3%+8.49 * ELEC0532-001 06/01/2005 Gallatin, Park, And Sweet Grass Counties Rates Fringes Electrician....................$ 22.94 4.25%+8.00 ELEC0532-003 06/01/2004 Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield, Golden Valley, McCone, Musselshell, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Treasure, Wibaux And Yellowstone Counties Rates Fringes Electrician....................$ 24.08 4.25%+8.64 ELEC0768-001 03/01/2005 Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, And Sanders Counties Rates Fringes Electrician.. ....... ......... ..$ 25.20 9.16 9 Heavy Construction ~ Montana I I I I I I I I I I I I I I I I I I I ELEC0768-003 04/01/2005 Flathead, Lake, And Lincoln Counties Rates Fringes Line Construction (1) Cable Splicer. ........ ..$ 30.39 ( 2 ) L i n ema n. . . . . . . . . . . . . . . . . $ 2 7 . 97 (3) Groundman............... $ 1 7 . 47 (4) Line Equipment Operator.$ 21.67 (5) Pole Sprayer............$ 22.57 (6) Tree Trimmer... .........$ 23.42 (7) Utility Locator.... ... ..$ 15.40 10.76 10.59 9.92 10.22 10.28 10.35 9.78 ENGI0400-001 05/01/2005 Rates Fringes Power Equipment Operator (Zone 1) Group 1..................... $ 20.62 Group 2..................... $ 21. 09 Group 3..................... $ 21.49 Group 4..................... $ 22.15 Group 5...................... $ 22.65 Group 6..................... $ 23. 75 Group 7..................... $ 24.25 7.55 7.55 7.55 7.55 7.55 7.55 7.55 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Air Compressor; Auto Fine Grader; Belt Finishing Machine; Boring Machine, small; Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-IO, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-end Loader under 1 cu yd; Heavy Duty Drills; Herman Nelson Heater; Mulching Machine; Oiler, all except Cranes. & Shovels; Pumpman. GROUP 2: Air Doctor; Backhoe/Excavator/Shovel to and including 3 cu yd; Bit Grinder; Bituminous 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 to including 5 cu yd; Grade Setter; Heavy Duty Drills, all types; Hoist/Tugger, 10 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I all; Hydralift & 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. GROUP 3: Asphalt Paving Machine; Asphalt Screed; Backhoe/Excavator/Shovel over 3 cu yd; 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 yd; Mechanic/Welder; pioneer Dozer; Roller, Asphalt (Breakdown & Finish); Rotomill, over 6 ft; Scraper, single, twin, or pulling Belly Dump; Yo-Yo Cat. GROUP 4: Asphalt/Hot plant Operator; Cranes, 25 tons to 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. GROUP 5: Cranes, 45 tons to including 74 tons; Crane, Tower, all. GROUP 6: Cranes, 75 tons to including 149 tons; Crane, Whirley, all. GROUP 7: Cranes, 150 tons to including 250 tons (add $1.00 for every 100 tons over 250 tons); Crane, Stiff-Leg or Derrick; Helicopter Hoist. IRON0841-002 07/01/2003 Remaining Counties Rates Fringes Ironworker. . . . . . . . . . . . . . . . . . . . . $ 19.20 12.51 -----------~~~~-----------------~~~~-------------~~--------~~-~- 11 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I LAB00098-001 05/01/2004 Rates Fringes Laborers: (Zone 1) Group 1..................... $ 14.52 Group 2..................... $ 1 7 . 3A Group 3..................... $ 1 7 . 48 Group 4..................... $ 18.20 5.50 5.50 5.50 5.50 LABORERS CLASSIFICATIONS GROUP 1: Flagperson GROUP 2: All General Labor work; 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; Fence Erector; Form Setter; Form Stripper; Heater Tender; Landscaper; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sealants for concrete and other materials; Sign Erection, Guard Rail and Jersey Rail; Stake Jumper; Spike Driver; Signalman; Tail Hoseman; Tool Checker and Houseman; Traffic Control worker. GROUP 3: Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer (Pavement Breaker); Laser Equipment; Non-Riding Rollers; Pipelayer; Posthole Digger (Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power; Tampers; Creosote Handler GROUP 4: Asphalt Raker; Asbestos Laborer; Cutting Torch; Grade Setter; Hazmat Worker; High- Scaler; Power Saws (Faller & Concrete); Powderman ($1.00 per hour above Group 4 rate); Rock & Core Drill; Tank/Vessel Cleaner; Track or Truck mounted Wagon Drill; Welder including Air Arc 12 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I PAIN0260-001 07/01/2002 Blaine, Broadwater, Cascade, .Chouteau, Daniels, Fergus, Garfield, Glacier, Granite (South Of A Line Running East & West Through The Southern City Limits Of Phillipsburg), Hill, Jefferson, Judith Basin, Lewis And Clark, Liberty, McCone, Meagher, Petroleum, Phillips, Pondera, Powell (South Of A Line Running East & West Through The Southern City Limits Of Helmsville), Richland, Roosevelt, Sheridan, Teton, Toole, Valley, And Wheatland Counties Rates Fringes Painter. . . . . . . . . . . . . . . . . . . . . . . . $ 13.85 1%+3.45 PAIN0260-002 07/01/2002 Flathead, Granite (North Of A Line Running East & West Through The Southern City Limits Of Phillipsburg), Lake, Lincoln, Mineral, Missoula, Powell (North Of A Line Running East & West Through The Southern City Limits Of Helmsville), Ravalli, And Sanders Counties Rates Fringes Painter........................$ 16.85 1%+3.45 PAIN1922-001 06/01/2001 Beaverhead, Big Horn, Carbon, Carter, Custer, Dawson, Deer Lodge, Fallon, Gallatin, Golden Valley, Jefferson, Madison, Musselshell, Park, Powder River, Prairie, Rosebud, Silver Bow, Stillwater, Sweet Grass, Treasure, Wibaux, And Yellowstone Counties Rates Fringes Painter (Industrial, includes industrial plants, tanks, pipes, bridges).... ..... ..... ..$ 17.80 7.63 13 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I PLASOl19-001 05/01/2005 Statewide (except Deer Lodge, Jefferson, Powell, and Silver Bow Counties) Rates Fringes Cement Masons: (Zone 1) Area 1...................... $ 17.71 Area 2...................... $ 18.82 6.20 6.20 AREA 1: Statewide (except Deer Lodge, Jefferson, Powell, and Silver Bow Counties) AREA 2: Deer Lodge, Jefferson, Powell, And Silver Bow Counties PLUM0030-003 09/01/2004 Bighorn, Blaine, Carbon, Carter, Cascade, Chouteau, Custer, Daniels, Dawson, Fallon, Fergus, Garfield, Glacier, Golden Valley, Hill, Judith Basin, Liberty, McCone, Meagher, Musselshe11, Petroleum, Phillips, Pondera, Powder River, Prairie. Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Teton, Toole, Treasure, Valley, Wheatland, Wibaux And Yellowstone Counties Rates Fringes PI umbe r. . . . . . . . . . . . . . . . . . . . . . . . $ 24. 50 Industrial - Power Generating Plants........ ...$ 26.85 10.65 10.65 * PLUM0041-001 07/01/2005 Beaverhead, Broadwater, Deer Lodge, Gallatin, Granite, Jefferson, Lewis And Clark, Madison, Park, Powell, Silver Bow, And Sweet Grass Counties Rates Fringes PI umbe r . . . . . . . . . . . . . . . . . . . . . . . . $ 24. 70 9.55 14 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I PLUM0459-001 05/01/2004 Flathead, Glacier, Lake, Lincoln, Mineral, Missoula, Ravalli, And Sanders Rates Fringes Plumber. . . . . . . . . . . . . . . . . . . . . . . . $ 23.41 9.30 TEAM0002-001 06/01/2003 Rates Fringes Truck drivers: (Zone 1) Group 1..................... $ 13.31 Group 2..................... $ 17.34 5.31 5.31 TRUCK DRIVERS CLASSIFICATIONS: GROUP 1: Pilot Car GROUP 2: All Combination Trucks and Concrete Mixers: Distributor Driver: All Dry Batch Trucks: Dumpman, Gravel Spreader Box Operator: All Dump Trucks and similar equipment including DW 20, DW 21, or Euclid Tractor: Dumpsters: Flat Trucks; Servicemen: Lowboys, Four-Wheel Trailers: Float Semi-Trailer; Lumber Carriers, Lift Trucks & Fork Lifts: Pick-up Driver hauling material; Powder Truck (Bulk Unloader type); Power Boom: Service Truck Dirvers, Fuel Truck Drivers, Tiremen: All Water Tank Drivers; Petroleum Products Drivers: Trucks with Power Equipment such as Winch, A-Frame Truck, Crane, Hydralift, Gout-Crete Truck, and Combination Mulching, Seeding & Fertilizing Truck: Truck Mechanic WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -----------------------------------~-~~~-------~-~~-------~~-~-- --~-~~~~~~~--~~~-----~~----~--------------~~~--------~~--------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). 15 Heavy Construction - Montana I I In the listing above, the "su" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. I I ----~~------------------~--------------------~~~~--------------- ~~-------~~~-~----~---------~~-~-~~-~--~~~-~~-----~~-~~~-~------ I END OF GENERAL DECISION I I I I I I I I I I I I I I 16 Heavy Construction - Montana I I I I I I I I I I I I I I I I I I I NOTICE TO PROCEED Dated TO: (CONTRACTOR) ADDRESS: Contract: (Insert name of Contract as it appears in the Contract Documents) Project: OWNER'S CONTRACT NO. You are notified that the Contract Times under the above contract will commence to run on . By 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 Before you may start any Work at the Site, paragraph 2.7 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) 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) City of Bozeman (OWNER) By: (AUTHORIZED SIGNATURE) ACCEPT ANCE OF NOTICE TO PROCEED By: (CONTRACTOR) (TITLE) Copy to Engineer (Use Certified Mail, Return Receipt Requested) (DATE) I I I CONTRACTOR: I PAY ESTIMATE NO. _10--=-,2007 ITEM DESCRIPTION I 101 Taxes, BOnd$, Insurance 1 02 MOblll~allon 103 Connection to existing main I 104 4" MJ gate valVE! 1 O~ 6" MJ gele "el". 1 OS 8" MF gate v3vle I 107 8x6 MJ ;nCreilser 108 8)(10 MJ Increaser 109 6x4x6 MF I.. 110 8)(8)(8 MJ tee I 111 8x8x8 MJ tee 112 6" cro.. 113 SIt tapping t88 with valve I 114 8" tapping tee with valve '15 '1.2~ deg. 6" MJ l>Ond 116 22.5 dog. 8" MJ bend I 117 45 deg. MJ bend 118 90 des. 8" MJ bend 119 8" ductile iron pipl!l I 120 Service reconnection wlin trench limits 2" diameter ana smaller 121 Service reconneclion wlin trench limits ." diameter and larger I 122 Service reconnection outside trench limits ,2" diameter and smaller 123 Service ~conneetiori outside trench limitl;i 4" diameter Bnd larger I 124 Fi'" Hydrant 8.5' bUll' '25 Fire HydnlnI7.0' bury 1~6 Fitl!l Hycirant 7.5' bury 127 Insulation I 126 Traffic Control 129 TemcllIry water system 130 Aspnalt Surface Restollltion I 131 Type 2 bedding 132 Quality AsSUfi!lnCe Testing 133 MiscelluneoulJ Work I SUBTOTAL 810 ITEM WORK INSTALLED Muterilills in storage Materials out of Storage SUBTOTAL I Totsl Amount Due l-i!l:SS Ri!l:talnage 5% Sul:ltotElI Less 1% Gross Reciepts Ta~ subtotal L.eu Previous PElymentti I Total Due This Payment I PAY ESTIMATE 2007 WATER RENOVATIONS PROJECT ENGINEER: City of Bozeman P.O. Box 1230 Bozoman, MT 59771 QUANTITY COMPLETED PLAN THIS PREVIOUS TO UNIT QUANTITY ESTIMATE ESTIMATE DATE LS LS lOA EA lOA EA EA EA EA EA lOA EA EA EA EA EA EA EA LF EA EA LF LF EA lOA EA LF LS LS LF CY LS EA 23 19 19 4878 32 173 43 1425 4690 20 10000 BID PRICE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 $0.00 AMOUNT EARNED THIS PREVIOUS TO ESTIMATE ESTIMATE DATE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 I I I I I I I I I I I I I I I I I I I MONTHLY PAY ESTIMATE SUMMARY Date 2007 Water Renovations Project City of Bozeman, Montana Estimate No._ to DESCRIPTION ,2007 AMOUNTS THIS MONTH PREVIOUS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #VALUE! #DIV/O! 60 0 0 60 2/29/1900 $0.00 $0.00 $0.00 Earnings for Work & Materials Installed: Plus 100% of Invoice for Materials Stored: Less Materials Used: Subtotal: 5% Retainage: Net Earnings: Less 1% Gross Receipts Tax: Gross Payment: Less Previous Payments: Net Payment this Estimate: Percent Time Elapsed: Work Done Based on Installed Cost: Contract Completion Data: Notice to Proceed Date: Original Contract Completion Time (dy): Stop/Resume Work Orders (dy): Approved Time Extensions (dy): New Contract Completion Time (dy): Contract Completion Date: Contract Cost Data: Amount of Original Contract: Approved Changes: Revised Amount: Approved by (Contractor): Approved by City of Bozeman (Owner): TO DATE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 I I I I I I I I I I I I I I I I I I I CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 1230. Bozeman, MT 59n1-1230 (406) 582-2334 WARRANT # PAY TO: DATE PAID: WARRANT TOTAL $ VENDOR # DATE INVOICE # FUND ACCOUNT OBJECT PROJECT DESCRIPTION AMNT $ TOT AL $ CERTIFICATION THATGOODS OR SERVICES HAVE BEEN RECEIVED: 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 10# AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. I I I I I I I I I I I I I I I I I I I WORK CHANGE DIRECTIVE No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: [ ] Unit Prices [ ] Lump Sum [ ] Cost of the Work Estimated increase (decrease) in Contract Price: $ If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for final payment: days. RECOMMENDED: AUTHORIZED: ENGINEER OWNER By: By: EJCDC No. 1910-8-F Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Work Change Directive - Page 1 of 2 H:\0417\037\docs\SPECS\wrk.direct.1910-8f.doc 3/20/02 I I I I I I I I I I I I I I I I I I I WORK CHANGE DIRECu VE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, ifnot processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but on1Y a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. Ifthe change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph.l0.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directi ve is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. Work Change Directive - Page 2 of 2 H:\0417\037\docs\SPECS\wrk.direct,1910-af.doc 3/20/02 I CHANGE ORDER No. I DATE OF ISSUANCE EFFECTIVE DATE I I OWNER Contract: Project: ENGINEER CONTRACTOR OWNER's Contract No. ENGINEER's Contract No. You are directed to make the foIiowlng changes in the Contracti5ocumen-is:-- Description: I I I Reason for Change Order: Attachments: (List documents supporting change) 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: $ I I I I I I I I I CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or datcs) 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) 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: I (ENGINEER - Signature) Date I I APPROVED BY: OWNER (Authorized Signature) Date EJCDC 191O-8-B (1996 Edition Prcparcd by thc Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction SpecifIcations Institutc_ Page 1 of 2 C:\Water Renovations\Specifications\COB Change Order Form.doc I I I I I 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. I For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. I I I I I I I I I I I I I 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 pert.ormed 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 C:\Water Renovations\Specifications\COB Change Order Form.doc I I I I I I I I I I I I I I I I I I I CEk__FICATE OF SUBSTANTIAL COMPL . .tON DATE OF ISSUANCE OWNER CONTRACTOR Contract:. Project: OWNER's Contract No. ENGINEER's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDe No. 1910-8 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the ConstnIction Specifications Institute. . Certificate of Substantial Completion - Page 1 of 2 H:\0417\037\docs\SPECS\cert.5ub.comp.1910-8d.doc 3/20/02 " I I I I I I I I I I I I I I I I I I I The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.) 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 on Date ENGINEER By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on Date CONTRACTOR By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on Date OWNER By: (Authorized Signature) Certificate of Substantial Completion - Page 2 of 2 H:\0417\037\docs\SPECS\cert.sub.comp.1910-8d.doc 3120102 I I I I I I I I I I I I I I I I I I I ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: MorrisonMMaierle, Inc. Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions. Article 12 and applicable Special Provisions). calendar days are allowed to complete this project and _ calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, ~ of the _ calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged. Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. Order to Contractor to Suspend Work - Page 1 of 1 H:\0417\037\docs\SPECS\Suspend.wrk.doc 3/20/02 I I I I I I I I I I I I I I I I I I I ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated , directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore, on the date this resume work order is effective calendar days of Contract Time remain. The (revised) contract completion date is 20_. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Majerle, Inc. Order to Contractor to Resume Work - Page 1 of 1 H :\0417\037\docs\SPECS\Resume.wrk.doc 3/20/02 -I I I I I I I I I I I I I I I I I I I CONTRACTOR'S CERTIFICATE AND RELEASE FROM: (Name of Contractor) TO: [ Insert Owner's Name and Address] REFERENCE CONTRACT NUMBER entered into the day of 20 , between the [Owner's Name] and , (Name of Contractor) of for the purpose of (City) (State) (Type of Operation) within the [limits of the City of (Project Location)]. KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the [Insert Owner's Name] to the Contractor under the Contract and duly approved Change Orders and modifications the balance of 2. The undersigned further certifies that in addition to the amount set forth in Paragraph I, there are outstanding and unsettled the following items which he claims are just and due owing by the [Insert Owner' Name]: (a) (b) (c) (d) (Itemize claims and amounts due. If none, so state) Contractor's Certificate and Release - Page 1 of 3 H:\0417\037\docs\SPECS\Cert-&-release.doc 3/20/02 I I I I I I I I I I I I I I I I I I I 3. The undersigned further certifies that all work required under this Contract including work required under Change Orders numbered: ~,~, _, and _' has been performed in accordance with the terms thereof, and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract, and that the wage rates paid by the Contractor and all Subcontractors were in conformity with the Contract provisions relating to said wage rates. 4. Except for the amounts stated under Paragraphs I and II hereof, the undersigned has received from the [Insert Owner's Name] all sums of money payable to the undersigned under or pursuant to the above-mentioned Contract or any modification or change thereof. 5. That in consideration of the payment of the amount stated in Paragraph I hereof the undersigned does hereby release the [Insert Owner's Name] from any and all claims arising under or by virtue of this Contract, except the amount listed in Paragraph II hereof, provided, however, that iffor any reason the [Insert Owner's Name] does not pay in full the amount stated in Paragraph I hereof, said deduction shall be automatically included under Paragraph II as an amount which the Contr(3ctor has not released but will release the [Insert Owner's Name] from any and all claims of any nature whatsoever arising out of said Contract or modification thereof, and will execute such further releases or assurances as the [Insert Owner's Name] may request. Further, in consideration of the payment of the amount stated in Paragraph I hereof, the undersigned agrees to hold the [Insert Owner's Name] harmless from any and all costs, liability or expense of any kind in any way arising out of the contract referenced herein, or any subcontracts awarded pursuant thereto. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this day of ,20_. (Contractor) (Signature) (Title) , being first duly sworn on oath, deposes and says, first, that heisthe of the (Title) (Name of Company) Contractor's Certificate and Release - Page 2 of 3 H:\0417\037\docs\SPECS\Cert-&-release.doc 3/20102 I I I I I I I I I I I I I I I I I I I second, that he has read the foregoing certificate by him subscribed as (Title) of the (Name of Company) Affiant further states that the matters and things stated therein are; to the best of his knowledge and belief, true. (Signature) Subscribed and sworn to before me this , day of ,20 My commission expires (Notary) Contractor's Certificate and Release - Page 3 of 3 H:\0417\037\docs\SPECS\Cerl-&-reJease.doc 3/20/02 -I I I I I I I I I I I I I I I I I I I LIEN WAIVER FOR PRIME CONTRACTOR THE UNDERSIGNED HEREBY ACKNOWLEDGES PAYMENT IN FULL FOR ALL LABOR, SERVICES, MACHINERY, TOOLS AND MATERIALS FURNISHED IN CONNECTION WITH THE CONSTRUCTION OF (Project) AT (Location) FOR (Owner) THRU THIS DAY OF ,20_. AND DOES HEREBY RELEASE THE OWNER AND THE PROPERTY FROM ALL CLAIMS WHATSOEVER FOR SUCH LABOR, SERVICES, MACHINERY, TOOLS, AND MATERIALS FURNISHED AND WAIVES ALL LIEN RIGHTS THERETO. PRIME CONTRACTOR SIGNATURE TITLE DATE ATTEST: (Seal) H:\0417\037\docs\SPECS\W AIVERS.doc I I I I I I I I I I I I I I I I I I I LIEN WAIVER FOR SUBCONTRACTOR/SUPPLIER THE UNDERSIGNED HEREBY ACKNOWLEDGES PAYMENT IN FULL FOR ALL LABOR, SERVICES, MACHINERY, TOOLS AND MATERIALS FURNISHEP IN CONNECTION WITH THE CONSTRUCTION OF (Project) AT (Location) FOR (Owner) THRU THIS DAY OF ,20 . AND DOES HEREBY RELEASE THE OWNER AND THE PROPERTY FROM ALL CLAIMS WHATSOEVER FOR SUCH LABOR, SERVICES, MACHINERY, TOOLS, AND MATERIALS FURNISHED AND WAIVES ALL LIEN RIGHTS THERETO. S UBCONTRACTORlSU PPLI ER SIGNATURE TITLE DATE ATTEST: (Seal) H:\0417\037\docs\SPECS\W AIVERS.doc I I I . I I I I I . I I I I I I I I I I I I I I Field Order No. Date of Issuance: Effective Date: Project: Owner: Owne~s Contract No.: Contract: Date of Contract: Contractor: Er19inee~s Project No.: Attention: You are hereby directed to promptly execute this Field Order issued in accordance with General Conditions Paragraph 9.05A., for minor changes in the Work without changes in Contract Price or Contract Times. If you consider that a change in Contract Price or Contract Times is required, please notify the Engineer immediately and before proceeding with this Work. Reference: (Specification Section(s)) (Drawing(s) I Detail(s)) Description: Attachments: I Engineer: Receipt Acknowledged by (Contractor): Date: Copy to Owner EJCnC No. C-942 (2002 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. Page I of 1 I I I I I I I I I I I I I I I I I I I WORK CHANGE DIRECTIVE No. DATE OF ISSUANCE EFFECTIVE DATE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER's Project No., You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ] Unit Prices [ ] Lump Sum [ ] Cost of the Work Estimated increase (decrease) in Contract Price: $ If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Estimated increase (decrease) in Contract Times: Substantial Completion: days; Ready for final payment: days. RECOMMENDED: AUTHORIZED: ENGINEER OWNER By: By: EJCDC No. 1910~8-F Prep.red by the Engineers Joint Contract Documents Connrutlee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Work Change Directive - Page 1 of 2 H:\0417\037\docs\SPECS\wrk.direct.1910-8f.doc 3/20/02 I I I I I I I I I I I I I I I I I I I WORK CHANGE DIREC".. VE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. B. COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRlCE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph lO.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by this directive is completed or final cost and times are detennined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRlCE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. Work Change Directive - Page 2 of 2 H:\0417\037\docs\SPECS\wrk.direct,1910-8f.doc 3/20/02 I CHANGE ORDER I DATE OF ISSUANCE I OWNER Contract: Project: ENGINEER I No. EFFECTIVE DATE CONTRACTOR OWNER's Contract No. ENGINEER's Contract No. You aredireciedtomake the following changes in the Contract Documerlts:- .- Description: I Reason for Change Order: I Attachments: (List documents supporting change) I CHANGE IN CONTRACT PRICE: I 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: $ I I I I I I I I CHANGE IN CONTRACT TIMES: I Original Contract Times: Substantial Completion: Ready for final payment: (davs 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: I days or datcs) 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. I I I CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: I (ENGINEER - Signature) Date I APPROVED BY: OWNER (Authorized Signature) Date EJ CDC 1910-8- B (1996 Edition Prepared hy the Engmeers Joint Contract Documents Committee and endorsed by The Associated Gcncral Contractors of America and the Construction Specifications Institutc. I Page 1 of 2 C:\Water Renoyations\Specifications\COB Change Order Form.doc I I I I I I I I I I I I I I I I I I I 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 C:\Water Renovations\Specifications\COB Change Order Form.doc I I I I I I I I I I I I I I I I I I I CEI'\.~~FICATE OF SUBSTANTIAL COMPL~ iON DATE OF ISSUANCE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC No. 1910-8 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the ConslIUction Specifications Institute. . Certificate of Substantial Completion - Page 1 of 2 H:\0417\037\docs\SPECS\cert.sub.comp.1910-8d.doc 3/20/02 I I I I I I I I I I I I I I I I I I I The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specificalZy noted conditions precedent to achieving Substantial Completion as required by Contract Documents.} 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 on Date ENGINEER By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on Date CONTRACTOR By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on Date OWNER By: (Authorized Signature) Certificate of Substantial Completion - Page 2 of 2 H:\0417\037\docs\SPECS\cert.sub.comp.1910-ad.doc 3/20/02 I I I I I I I I I I I I I I I I I I I ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Article 12 and applicable Special Provisions). calendar days are allowed to complete this project and _ calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, ~ of the _ calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Majerls, Inc. Order to Contractor to Suspend Work - Page 1 of 1 H:\0417\037\docs\SPECS\Suspend.wrk.doc 3/20102 I I I I I I I I I I I I I I I I I I I ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: Morrison-Maierle, Inc. Project Number TO: PROJECT AND LOCATION OWNER: The Suspend Work Order, dated , directed you to suspend work on your contract, for the reasons and conditions described therein. Conditions are now favorable to the continuation of the work, you are hereby directed to resume major operations on this project effective Under the terms of your contract for this project, Contract Time was (was not) charged during the period work was suspended. At the close of work on the date specified in the last Suspend Work Order, of the calendar days Contract Time had been used. calendar days were charged during the period work was suspended, therefore. on the date this resume work order is effective calendar days of Contract Time remain. The (revised) contract completion date is 20_ Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your file. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: Morrison-Maierle, Inc. Order to Contractor to Resume Work - Page 1 of 1 H:\0417\037\docs\SPECS\Resume.wrk.doc 3/20/02 I I I I I I I I I I I I I I I I I I I CONTRACTOR'S CERTIFICATE AND RELEASE FROM: (Name of Contractor) TO: [ Insert Owner's Name and Address] REFERENCE CONTRACT NUMBER entered into the day of 20 , between the [Owner's Name] and , (Name of Contractor) of for the purpose of (City) (State) (Type of Operation) within the [limits of the City of (Project Location)]. KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the [Insert Owner's Name] to the Contractor under the Contract and duly approved Change Orders and modifications the balance of 2. The undersigned further certifies that in addition to the amount set forth in Paragraph I, there are outstanding and unsettled the following items which he claims are just and due owing by the [Insert Owner' Name]: (a) (b) (c) (d) (Itemize claims and amounts due. If none, so state) Contractor's Certificate and Release - Page 1 of 3 H :\0417\037\docs\$PECS\Cert-&-release.doc 3/20/02 I I I I I I I I I I I I I I I I I I I 3. The undersigned further certifies that all work required under this Contract including work required under Change Orders numbered: _' _, _, and ~, has been performed in accordance with the terms thereof, and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of the performance of this Contract, and that the wage rates paid by the Contractor and all Subcontractors were in conformity with the Contract provisions relating to said wage rates. 4. Except for the amounts stated under Paragraphs I and II hereof, the undersigned has received from the [Insert Owner's Name] all sums of money payable to the undersigned under or pursuant to the above-mentioned Contract or any modification or change thereof. 5. That in consideration of the payment of the amount stated in Paragraph I hereof the undersigned does hereby release the [Insert Owner's Name] from any and all claims arising under or by virtue of this Contract, except the amount listed in Paragraph II hereof, provided, however, that iffor any reason the [Insert Owner's Name] does not pay in full the amount stated in Paragraph I hereof, said deduction shall be automatically included under Paragraph II as an amount which the Contractor has not released but will release the [Insert Owner's Name] from any and all claims of any nature whatsoever arising out of said Contract or modification thereof, and will execute such further releases or assurances as the [Insert Owner's Name] may request. Further, in consideration of the payment of the amount stated in Paragraph I hereof, the undersigned agrees to hold the [Insert Owner's Name] harmless from any and all costs, liability or expense of any kind in any way arising out of the contract referenced herein, or any subcontracts awarded pursuant thereto. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this day of ,20 . (Contractor) (Signature) (Title) , being first duly sworn on oath, deposes and says, first, that he is the of the (Title) (Name of Company) Contractor's Certificate and Release - Page 2 of 3 H:\0417\037\docs\SPECS\Cert-&-release.doc 3/20/02 I I I I I I I I I I I I I I I I I I I second, that he has read the foregoing certificate by him subscribed as (Title) of the (Name of Company) Affiant further states that the matters and things stated therein are, to the best of his knowledge and belief, true. (Signature) Subscribed and sworn to before me this , day of ,20 My commission expires (Notary) Contractor's Certificate and Release - Page 3 of 3 H:\0417\037\docs\8PECS\Cert-&-release.doc 3/20102 I I I I I I I I I I I I I I I I I I I .- LIEN WAIVER FOR PRIME CONTRACTOR THE UNDERSIGNED HEREBY ACKNOWLEDGES PAYMENT IN FULL FOR ALL LABOR, SERVICES, MACHINERY, TOOLS AND MATERIALS FURNISHED IN CONNECTION WITH THE CONSTRUCTION OF (Project) AT (Location) FOR (Owner) THRU THIS DAY OF ,20_, AND DOES HEREBY RELEASE THE OWNER AND THE PROPERTY FROM ALL CLAIMS WHATSOEVER FOR SUCH LABOR, SERVICES, MACHINERY, TOOLS, AND MATERIALS FURNISHED AND WAIVES ALL LIEN RIGHTS THERETO. - PRIME CONTRACTOR SIGNATURE TITLE DATE ATTEST: (Seal) H:\0417\037\docs\SPECS\W AIVERS.doc I I I I I I I I I I I I I I I I I I I LIEN WAIVER FOR SUBCONTRACTOR/SUPPLIER THE UNDERSIGNED HEREBY ACKNOWLEDGES PAYMENT IN FULL FOR ALL LABOR, SERVICES, MACHINERY, TOOLS AND MATERIALS FURNISHEP IN CONNECTION WITH THE CONSTRUCTION OF (Project) AT (Location) FOR (Owner) THRU THIS DAY OF ,20_. AND DOES HEREBY RELEASE THE OWNER AND THE PROPERTY FROM ALL CLAIMS WHATSOEVER FOR SUCH LABOR, SERVICES, MACHINERY, TOOLS, AND MATERIALS FURNISHED AND WAIVES ALL LIEN RIGHTS THERETO. SU BCONTRACTOR/SU PPLlER SIGNATURE TITLE DATE ATTEST: (Seal) H:\0417\037\docs\SPECS\W AIVERS.doc I I I I I I I I I I I I I I I I I I I SPECIAL PROVISIONS 1. GENERAL The work to be perfonned under this contract involves furnishing all labor, materials, equipment, supplies and services necessary for installation of an 8" water main and associated appurtenances to replace existing mains in the City of Bozeman. All work shall be perfonned in accordance with applicable sections of the Montana Public Works Standard Specifications Fifth Edition (MPWSS), 5th Edition, and as further modified by the City of Bozeman Modifications to MPWSS, 5th Edition, including Addendums, 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. All correspondence and official authorization concerning the work shall be with the City Engineer or his 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 The work involves replacement of existing mains with the installation of approximately 4678 LF of 8" ductile iron water main and appurtenances. The work areas are generally describe as: Tracy - Main to Lamme, Black - Main to Lamme, Bozeman - Main to Lamme, Babcock - Rouse to Wallace, Church- Olive to Main, and Cypress - Babcock to Main. 3. AWARD OF CONTRACT 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 who's 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 his Bid has been accepted and that he has been awarded a contract. The Bid schedules may be awarded as a single total combined contract, may be awarded singly as separate contracts, or in any combination of schedules which result in the lowest project cost to the owner. 4. TIME OF COMMENCEMENT AND COMPLETION DATE The beginning ofthe Contract Time shall be stated in a written NOTICE TO PROCEED written by the City Engineer to the Contractor. In establishing the date when Contract Time begins, the Engineer will consider that the contract time begins following delivery of the NOTICE TO PROCEED. A separate notice to proceed may be issued for each separate or combined bid schedule. Where multiple schedules 1 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I 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 the number of calendar days stated as Contract Time, except as the Contract Time may be extended by change .order. 5. LIQUIDATED DAMAGES Subject to the provisions of the Contract Documents, the Owner shall be entitled to liquidated damages for failure of the Bidder to complete the work within the specified contract time. The Bidder agrees to pay liquidated damages for compensation to the Owner for expenses incurred by the Owner during the contract time overrun. As compensation for expenses incurred, the Contractor shall be assessed a liquidated damage of$500.00 per calendar day for each day that the work remains uncompleted beyond the contract period. Liquidated damages shall be paid by deduction from monthly progress payments and the final payment. 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 ofthe Owner. No substitutions will be considered until after contract award. 8. APPROVAL OF EQUIPMENT AND MATERIALS The Contractor shall furnish to the Owner or its Engineer 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 2 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I superior. Absence or incompetence of the superintendent shall be reason for the Owner to stop all work on the project. 1 O. WARRANTY If, within two years after acceptance of the work by the Owner, any ofthe work is found to be defective or not in accordance with the Contract Documents, and upon written notice from the Owner, the Contractor shall correct any work beginning within seven (7) calendar days of said written notice. Should the Contractor fail to respond to the written notice within the designated time, the Owner may correct the work at the expense of the Contractor. 11. SCHEDULING Prior to or at the PRECONSTRUCTION CONFERENCE, the Contractor shall provide the City Engineer the following schedules: A. A practicable CONSTRUCTION PROGRESS SCHEDULE showing the order, timing, and progress in which the Contractor proposes to prosecute the work. This schedule shall be in Bar Graph, CPM or PERT format. The schedule shall be updated and re-submitted as necessary to reflect project changes. B. A PAYMENT SCHEDULE showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Construction Progress Schedule. C. A TRAFFIC CONTROL PLAN detailing the methods and means of controlling traffic for the specific conditions involved with each construction schedule. The Contractor shall limit working hours to 7:00 a.m. to 7:00 p.m., Monday through Friday. No work shall be done outside of these hours unless specifically approved by the City Engineer. 12. PRECONSTRUCTION CONFERENCE After the contract( s) have been awarded, but before the start of construction, a conference will be held at the City Engineer's Office, 20 E. Olive Street, 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 any problems anticipated. 13. SHOP AND FABRICATION DRAWINGS 3 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I The Contractor shall prepare and submit fabrication drawings, design mix information, material testing compliance data, and other data, in accordance with the General Conditions. Following review, the Contractor shall resubmit copies of any drawings which required revision or correction. Any review by the Owner will not relieve the Contractor from responsibility for errors or omissions, inadequate design performance requirements, schedule requirements, and proper operation of any item required under the Contract. Notwithstanding any such review, Contractor shall remain solely responsible for full and complete performance in accordance with the terms, conditions, provisions, drawings and specifications set forth in the Contract Documents. 14. UNDERGROUND UTILITIES The Contractor shall be responsible for checking with the Owners of underground utilities such as the City, County, power and telephone companies, etc. as to the location of their underground installations in the project area. The Contractor shall be solely responsible for any damage done to these installations due to failure to locate them or to properly protect them when their location is known. It shall be solely the responsibility ofthe 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 located information. The Contractor is responsible for contacting the One-call system prior to any excavation. 15. 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. 16. TRAFFIC CONTROL A. General. The Contractor shall at all times conduct his operations so that there is a minimum interruption in the use ofthe City's streets affected by the work. Exact procedures in this respect shall be established in advance of construction with the City Engineer. Barricade function, design and construction shall conform to the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD) and the Standard Specifications for Road and Bridge Construction of the State Highway Commission of Montana latest Edition. Should construction ofthe 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 4 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I 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. B. 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. c. 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. D. 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 ofthe 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 new media, and shall cause the news release to be published as a display ad in the Bozeman Daily Chronicle. 5 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I E. 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. F. Work Methods. 1. The Contractor shall position all traffic control devices according to plan prior to positioning personnel or equipment on the traveled way. 2. The Contractor shall inspect and check the work zone traffic control frequently including weekends, holidays, and other non-working days, and shall correct any deficiencies discovered. The Contractor shall keep a log of all inspections. 3. Construction traffic control devices shall be removed or covered when they are not being used for construction activities. 4. If the Contractor fails to correct a deficiency in the traffic control system that the Engineer deems a necessary traffic control modification to expedite the movement of traffic or an emergency hazard to life and/or property, the 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 flagpersons. Flagging shall be done as described in the booklet "Instructions to Flagpersons" published by the Montana Department of Transportation. 6. Sidewalks and crosswalks shall remain free of debris and open to pedestrians to the greatest extent possible. When necessary pedestrian detours shall be established or the sidewalk shall be properly closed to travel in accordance with the MUTCD and City of Bozeman requirements. 7. The Contractor shall schedule the work to minimize inconvenience to the 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. The Contractor shall maintain vehicular access to residences able to be used after each shift. 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. 6 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I G. Specific Proiect Traffic Requirements. Full-closure of Main Street will not be allowed at any location with the exception of the intersection ofS. Church Ave., where a full-closure with detours would be allowed. At all other work locations in Main Street a minimum of one lane of traffic in each direction on Main Street must be maintained at all times. Full-closures of Mendenhall Street (with detours) would be allowed provided that Main Street is fully open to traffic before work begins in Mendenhall Street. 17. DISPOSAL, EROSION, WATER POLLUTION, AND SILTATION CONTROL The Contractor is responsible for proper disposal of all waste soils and materials unless otherwise directed herein. Where waste materials are disposed on private property not owned by the Contractor, evidence of property owner's written permission shall be obtained and provided to the Owner. Contractor shall comply with all Local, State, and Federal laws and regulations pertaining to fill in wetlands and floodplains. The Contractor shall dispose of all refuse and discarded materials in an approved location. The Contractor shall exercise every reasonable precaution throughout the life ofthe project to prevent pollution or siltation ofrivers, streams or impoundments. Pollutants such as chemicals, fuels, lubricants, bitumens, raw sewage, and other harmful wastes shall not be discharged into or alongside of rivers, streams, impoundments or into natural or manmade channels leading thereto. In addition, the Contractor shall conduct and schedule his operations to avoid muddying or silting of rivers, streams or impoundments. The Contractor shall meet the requirements of the applicable regulations of the Department ofFish, 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 Pollution Control Act and the Montana Stream Preservation Act. The Contractor shall be responsible for obtaining any required discharge permits associated with groundwater de-watering operations. Contractor's shall include all clean-up, restoration, etc., of any detention or discharge areas. All debris or waste materials shall be cleaned up by the end of the work day. 18. PROTECTION OF EXISTING PAVEMENT All equipment shall be fitted with pads on the outriggers and other accessories as necessary to prevent damage to existing pavement during the course of the project. Any damages to pavement shall be corrected by the Contractor, at his expense, in a manner as directed by the Engineer. 19. MANHOLES, VALVE AND MONUMENT BOXES 7 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I All manholes, valve and monument boxes shall be protected with heavy builders paper until final coating and compaction has occurred. Contractor shall dig out and clean completely all boxes and manholes which are not protected. All manholes and boxes which are at the edges of the defined limits of construction shall be treated as if they are completely within the construction area and the area immediately surrounding the raised and/or protected manholes and boxes shall be feathered in so as to provide a gradual transition over such manhole and/or box. It is imperative that manholes and valve boxes be accessible to the City for emergency maintenance of its utilities. The Contractor shall schedule his work to provide timely access to manholes and valve boxes. Manholes, and valve and curb boxes overlaid by the Contractor and not immediately re-exposed shall be subject to being uncovered by City crews without notice in response to emergency maintenance needs. The Contractor shall be responsible for reasonable restoration at no cost to the City. 20. 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. 21. SALVAGEABLE ITEMS Any items removed from the existing system under the terms of this contract shall remain the property of the Owner and shall be delivered to a site of the Owner's choosing within the property limits of said Owner. Should the Owner choose not to accept any salvageable items, then the Contractor shall dispose ofthose items at his expense at a site or landfill acceptable to the Engineer. Any costs for the above work shall be at the Contractor's expense. 22. 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. 23. INSURANCE Insurance coverage required under this contract shall extend, at a minimum, to the end of the contract time. 24. WATER SERVICE RECONNECTIONS It shall be the responsibility of the CONTRACTOR to hook up all active water services. Water 8 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I services as shown on the plans have been identified to be active or inactive (not hooked up) based on the best available records, however it shall be the CONTRACTOR'S responsibility to verify which services are active and need reconnection. He shall be responsible for contacting and coordinating with the landowners to determine which services are active. All active water services shall be reconnected. CONTRACTOR shall be responsible for locating all service connections outside mainline trench limits. Copper pipe shall be used to reconnect service lines 2" and smaller and ductile iron pipe shall be used to reconnect services 4" and larger. All active services encountered that are not copper, cast iron, or ductile iron pipe shall be replaced up to the meter. Replaced services shall be of same size as existing service, unless otherwise directed by the ENGINEER. 25. WATER SERVICE SHUTDOWNS The CONTRACTOR shall notify water service customers of any water main or water service shutdowns in writing between 24 and 48 hours prior to the disruption, and shall have all necessary materials, tools, equipment and labor on the site prior to removing the existing lines from service. 26. ABANDONING EXISTING PIPE Existing water, sanitary sewer, and storm drainpipes noted on the plans to be abandoned in place shall be abandoned only after the new water line, storm drain or sanitary sewer, or usable portions thereof, have been constructed, tested, and approved. All ends of the abandoned pipes shall be plugged with Class M-3000 concrete. Upon completion of the installation of the new water mains and disconnection of the existing water mains, the contractor shall remove all abandoned appurtenances that are at or above grade that were not removed during installation of the new water main. Fire hydrants shall be removed down to the shoe and salvaged to the City of Bozeman. Curb box and valve box castings shall be removed to a minimum of 18" below grade. The resulting voids shall be filled with flowable fill if within a paved surface and patched with either asphalt plant mix or portland cement concrete to match the existing pavement surface type and thickness. Voids in landscaped areas shall be backfilled with compacted soil and seeded. The cost of abandoning existing pipes and other appurtenances shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. 27. 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 ENGINEER. The CONTRACTOR shall be required to stockpile and restore all topsoil and irrigation systems disturbed by construction. The cost of landscaping restoration shall be considered incidental to construction and the cost for this work shall be absorbed in related items of work. 9 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I Section 02910 - Seeding Add the following: 2.1 Seed Use the following seed mixture to seed all disturbed landscaped areas at a rate of 30 Ibs/acre: Tall Water-save Fescue 60% Kentucky Bluegrass 25% Perennial Ryegrass 15% 28. WATER PIPE MATERIALS AND SPECIALS A. Water main piping materials shall be ductile iron pipe as referenced in Section 02660, MPWSS, and City of Bozeman Modifications to MPWSS. B. All service line reconnections or extensions shall be installed under existing mains. C. Service reconnections shall be reconnected by the method shown on City of Bozeman Standard Drawings 02660-6 and 02660-12. Note that all corporation stops shall be ball corp valve type, and all curb stops shall be ball valve curb stops. D. The reconnection of services shall be made with the minimum amount of fittings necessary. At the determination of the ENGINEER, exposed existing fittings shall be removed and the service reconnection point lengthened, as necessary. This shall be incidental to the work. E. The reconnection of services shall follow the guidelines of the industry and material manufacturer. This will include: 1. Removal of burrs after cutting the pipe. 2. The use of a manufactured sizing tool to true the pipe. 3. Using special care to keep the fittings clean. 4. Forming the specified expansion loop. 29. INSULATION BOARD Water line insulation board shall have a closed cell structure with an R- Value of 5 per inch of thickness. Maximum water absorption shall be 0.1 % by volume and minimum compressive strength shall be 100 psi. Insulation board shall be Styrofoam Brand High Load 100 or approved equal. Insulation board shall be installed with 2-inches of sand bedding and 2-inches of sand over the top of the insulation board. Insulation board shall be installed as specified on the plans over all water mains, service lines, or hydrant leads when depth of cover is less than 6.5 feet. 30. FIRE HYDRANTS 10 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I There may be locations where fire hydrants are to be installed at depths which differ from the typical bury depth. CONTRACTOR shall be responsible for obtaining the correct materials to ensure that all fire hydrants are installed with the proper bury depth. Installation of fire hydrants must be such that the break away bolts are accessible from underneath and that the bottom of the break away flange is not installed more than 3-inches above the finished grade. 31. MAINLINE CONNECTIONS All mainline connection taps will be performed by the City of Bozeman personnel. City personnel will verify test results prior to tapping. CONTRACTOR shall be responsible for supplying and installing tapping tee, connection sleeves, spool pieces, and all other appurtenances required for connections. Once tap is completed, CONTRACTOR shall complete all connections. CONTRACTOR shall provide means, methods, and labor to set and remove tapping equipment. City of Bozeman requires 24-hour notice and an appointment (scheduled time) for tapping services. No taps will be made after 3 :00 p.m. CONTRACTOR shall be ready at scheduled tapping appointment time. If CONTRACTOR is not ready at scheduled time, City personnel will leave and CONTRACTOR shall reschedule with the required 24-hour notice. No consideration will be given to CONTRACTOR's inability to be ready at the scheduled tapping time. City of Bozeman will provide tapping service at no cost to CONTRACTOR. 32. CHLORINA nON AND TESTING Water Water required for water main flushing, filling, and hydrostatic pressure and leakage testing shall be provided at no cost to the CONTRACTOR. Flushing CONTRACTOR shall provide a means for flushing and bleeding air from water lines. For flushing, a minimum of one 2" tap (corp and saddle) for pipe less than 12 inches diameter and two 2" taps (corp and saddles -with I' separation) for pipe 12 inches diameter and greater, shall be installed on the piping if other means (fire hydrants, tapped plugs, etc.) are not available. For bleeding air, it shall require a minimum of 3/4" tap (corp and saddle) on the piping if other means (fire hydrants, tapped plugs, etc.) are not available. Corps shall be removed after testing is completed and replaced with brass plugs. Any corp, saddles, or other pipe or fittings required for flushing or bleeding air from water lines shall be incidental to the water main construction. 33. TEMPORARY WATER SYSTEMS - GENERAL The CONTRACTOR shall provide temporary water service to all interrupted service connections 11 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I associated with the water main replacement projects. The areas where consumers are affected by the work and require a temporary water supply should be verified with both the ENGINEER and OWNER at least 72 hours (excluding weekends and holidays) prior to the anticipated suspension of water service. Temporary water service shall include temporary service for fire protection. Following the ENGINEER's and OWNER's review and approval of any proposed shutdown request, the CONTRACTOR shall be required to give a minimum 24-hour advance notice (excluding weekends and holidays) to all residential consumers whose service will be temporarily affected, by means of individual notices delivered to each consumer. The CONTRACTOR must have available all the necessary materials to complete the restoration of water to each of these residential services within eight (8) hours after the suspension begins or before 5:00 p.m., whichever comes first. For commercial services, special arrangements shall be made by the CONTRACTOR to provide temporary water service. The CONTRACTOR will not be allowed to take a commercial service out of service except in emergency conditions only. The CONTRACTOR shall supply all hoses, fittings, etc., for providing temporary water service. Copper piping or other "non- taste" inducing pipe shall be necessary if the commercial consumer serves food or water products as part of his business. The CONTRACTOR will be required to supply temporary water to the residential consumer if the above 8-hour limitations are expected to be exceeded. The CONTRACTOR shall submit a shop drawing including all materials proposed to be used for temporary water. Additionally, a temporary water plan shall be submitted for each zone prior to starting to layout the temporary water system. This submittal shall include connection points, hydrants and/or valves to be operated by City of Bozeman personnel, layout for connection to each service, and the location of all asphalt trench cuts as a minimum. Depending on the circumstances of the zone, additional information may be required by the ENGINEER. These submittals shall be submitted in accordance with the submittal section of these specifications. 34. TEMPORARY WATER SYSTEMS - EXECUTION 1.01 The CONTRACTOR shall be solely responsible for all activities of locating and exposing curb stop valves to the individual properties. The OWNER will operate all curb stop valves. All notes of existing condition shall be identified on forms as supplied by the ENGINEER. Any existing condition that is suspected to indicate a defect of the curb stop valve, box, or service shall be reported immediately to the ENGINEER. Other than the operating curb stop valves, the OWNER will not participate in any activity up to this point. If the notices are not issued or the service is not ready to be connected to restore service, the City shall be free to exercise its authority in not closing down the existing valves and water main system. 12 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I 1.02 1.03 1.04 1.05 1.06 1.07 The water piping of temporary hoses, piping, etc. shall be a 160-psi rating, NSF approved hose, flexible polyethylene pipe, or PVC pipe. All pipe used for the temporary water system must have a visible NSF approval stamp by the manufacturer. A short section of high pressure flexible rubber hose may be used for the connection to each residence. The temporary system must be leak proof. The distribution pipe shall have a manual shut~offvalve at each service tee. Additionally, each service must have backflow prevention fitting. There shall be a double check/backflow prevention fitting at the primary connection to the water supply source, which will be supplied by the City of Bozeman. Double check backflow preventer shall be Watts Series 009 or Series 909 or approved equal. Each backflow preventer shall be properly supported to protect the assembly and the attached piping from breakage. Each double check backflow preventer assembly shall be tested to verify its integrity by a certified backflow prevention technician prior to use for the first time. Each backflow preventer shall be tagged with an identification number and subject to additional testing at the discretion of the ENGINEER. All costs for testing shall be the responsibility of the CONTRACTOR. Each house connection shall be equipped with a wye or splitter with a valve to allow for lawn watering. Plastic fittings are not permitted. The connection to each customer shall require a short section of high-pressure flexible rubber hose at the connection point. House- to-house connections are not permitted. All connections shall be from the approved temporary water system. All pipe sizes shall be adequate to meet ordinary water supply demands of the consumers. All temporary water systems shall be disinfected and approved by the City of Bozeman before being placed into service. The disinfection procedures shall be equal to the procedures required for the new water main. This will require minimum 48-hours laboratory time Bac~ T sample to determine acceptability. Temporary hoses, piping, fittings, etc., to be flushed and disinfected in accordance with the State of Montana Department of Health and Environmental Services, Water Quality Bureau standards, and the standards of this specification prior to being put into service. Once the temporary water system has been assembled, pressure tested and disinfected, the City of Bozeman Water Department staff will review the test results and inspect the final connection to the building. The City of Bozeman Water Department staff will not participate in the assembly of the temporary water system. The CONTRACTOR shall conduct all other work on the services as stated in Item 1.01. 13 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I 1.08 Pipe protection measures must be supplied at road crossings, alleyways, or residential driveways. For crossings of arterial or collector streets, the CONTRACTOR will be required to install the temporary water in a shallow trench. Aerial crossings of the temporary water lines at street crossings will not be allowed. Temporary water supply pipes shall not be installed in storm drain pipes. For crossings oflocal streets, alleyways, or driveways, traffic-rated hose ramps shall be used to protect the line from damage. Mounding millings or cold mix over a temporary water pipe will be allowed under the following conditions: 1. The maximum height shall be 2-1/2 inches. 2. A bond breaker shall be laid on top of the existing asphalt before the millings or cold mix are laid down. The millings or cold mix shall be tapered a minimum of 3 feet on either side of the temporary water pipe. 3. Provisions are made to avoid impact loads on the temporary water pipe. 4. Signs are erected indicating a bump ahead at 500 feet and 100 feet from the bump and at the bump in both directions. The asphalt crossings shall be cut straight and vertical shall have uniform width and shall be cut perpendicular to the centerline of the street. Restoration shall match the appropriate surface restoration detail and shall have an adequate width to allow compaction with a small mechanical compactor. There will be no payment for any street cuts or asphalt restoration under this item, this being incidental to the work. Temporary water lines that cross pedestrian pathways shall have ramps that meet ADA requirements to allow for safe pedestrian crossings of the lines. 1.09 After services are connected or reconnected following installation, testing, and acceptance of the new main, the water service piping shall be backflushed from the residence to the trench. The inability to backflush shall not relieve the CONTRACTOR from any requirements of the Contract Documents. 1.10 The CONTRACTOR should expect to find the existing plumbing on some services to be in old condition. The CONTRACTOR shall use an ordinary degree of care while working on this condition of service. Also, there may not be any convenient point oftemporary connection on some services. In this case, temporary fittings must be provided to achieve the temporary water supply. This will be incidental to the work. 35. ENGINEERING MATERIALS TESTING AND CONTROL TESTING A. With the exception of items requiring special inspection, the Contractor shall be responsible for all material testing including, but not necessarily limited to: 1. Dates of acceptable tests for water mains, which shall include hydrostatic and leakage testing and bacteriological testing. These tests shall be conducted by the Contractor in the presence 14 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I ofthe City. The written test results shall be provided to the City prior to acceptance ofthe water main. 2. Elevations shall also be recorded and provided for the top of water main at 50' intervals. The Contractor shall cooperate with the City to document these elevations, including providing the equipment necessary to shoot the elevations. The City will have a representative on-site to record the data as the pipe is being installed. The Contractor shall provide safe access to the City for these inspections and cooperate with the City to ensure that adequate documentation is obtained. 3. Verification that all thrust blocking is installed in accordance with the approved plans and specifications. The Contractor shall provide safe access to the City for these inspections and cooperate with the City to ensure adequate documentation is obtained. 4. Theoretical maximum density, optimum moisture content, and sieve analysis for the sub-base course, crushed base course, pit run, and native backfill and subgrade material within the right-of-way. 5. Documentation of in-place field density test for trenches, roadways, and embankments at intervals of 50 feet. Tests for roadways shall be provided for subgrade, sub-base course and/or pit run, and crushed base course materials. 6. Portland Cement concrete and asphaltic concrete pavement mix deigns. B. All Contractor testing, except pipeline pressure testing, shall be performed by an independent, certified testing laboratory approved by the Owner and Engineer. All test results shall be provided to the Engineer and the Contractor shall provide written authorization to the testing laboratory to release test results to the Engineer. A copy ofthis authorization shall be submitted to the Engineer prior to the construction startup. The Engineer shall have the authority to select when and where tests are taken (i.e. select concrete truck(s), areas of backfill for density, etc.) C. The Engineer reserves the right to conduct testing to ensure compliance with the specifications. D. Neither tests made by the Owner or the Engineer will relieve the Contractor from his obligation to perform the work in accordance with the Technical Specifications. E. Materials, compaction, densities, or other construction items which do not meet the requirements of these specifications shall be replaced and retested at the Contractors' expense. All laboratory and material test submittals shall be provided to the Owner and Engineer before placement of any pavement or concrete sections. 36. FLOW ABLE (NONSHRINK) BACKFILL All flowable (non shrink) backfill place within the Main Street right of way shall meet the following 15 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I MDOT specifications: E. Flowable Fill. Flowable fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Flowable fill contains a low cementitious content for reduced strength development. Submit a mix design for approval. No compressive strength testing is required for the mix design. Table 551-1 has the suggested mix guides for excavatable and non-excavatable flowable fill. TABLE 551-1 FLOW ABLE FILL MIX DESIGN GUIDE EXCAVATABLE NON-EXCAVATBLE 75.6-102.6Ib/yd3 75.6-151.2Ib/yd3 45-60 k 1m3 45-90 k m3 None 151.2-596.7 lb/yd3 90-355 k 1m3 Mix designs must produce a Mix designs must produce a consistency that results in a consistency that results in a flowable, self-leveling product flowable, self-leveling product at time of re lacement. at time of re lacement. 5% to 35% 5% to 15% 2,430-2,9701b/yd3 2,700-3,375 lb/yd3 1,440-1,760 k 1m3 1,600-2,000 k 1m3) Furnish fine aggregate meeting Subsection 701.01.1 requirements. The fine aggregate has no fineness modulus requirement. High air generators or foaming agents may be used in lieu of conventional air entraining admixtures and may be added at the jobsite and mixed in accordance with the manufacturers recommendation. The requirements for percent air, compressive strength and unit weight are for laboratory designs only and are not intended for jobsite acceptance requirements. Proportion fine aggregate to yield 1 cubic yard (1 cubic meter). MATERIALS Cement, Type I or II Fly Ash Water Air Unit Weight (Wet) All other flowable (nonshrink) on the project shall meet the requirements ofMPWSS Section 02225. Measurement and payment for both types of flowable fill shall be as specified in MPWSS Section 02225. 16 SPECIAL PROVISIONS I I I I I I I I I I I I I I I I I I I SECTION 00100 MEASUREMENT AND PAYMENT The quantities listed in the Bid Form are estimates for the purpose of bidding only. Payment to the Contractor will be made based on the actual satisfactorily completed work quantities measured in the field. Under the terms of this contract, the unit price as contained in this Bid Form shall be applicable to quantity overruns. The following measurement and payment sections do not necessarily name every incidental item required by the Contract Documents to complete the work. Cost of all such incidental items shall be included in the various related bid items. Item 101: (Taxes, Bonds, Insurance) To be paid on the first progress pay estimate one-hundred percent (100%) upon mobilization to begin construction, only if the bid price for this item is less than five percent (5%) of the total price. For that portion of the taxes, bonds, and insurance greater than five percent (5%), if any, payment shall be made on the basis of the percentage of the work completed of each progress estimate. Item 102: (Mobilization) Fifty percent (50%) to be paid on the first progress estimate when mobilizing to begin construction, and fifty percent (50%) to be paid following substantial completion and acceptance ofthe work. Item 103: (Connection to existing main) Measurement and payment per connection to an existing water main. Payment shall include all materials, equipment and labor to complete the connection, including any necessary thrust restraint, thrust blocks, or gravity blocks, and excluding any tapping tees and tapping valves which shall be measured and paid for under Items 113 and 114. Items 104, 105 & 106: (Gate valves) Measurement and payment shall be as per MPWSS Section 02660 4.6 A. Items 107, ]08, ]09,110, ]]1. 112,115.116,117,& 118: (Tees, bends, and increasers) Measurement and payment shall be as per MPWSS Section 02660 4.3 A. Items 113 and 114: (Tapping tees and valves) Measurement will be by numerical count of the size indicated. Payment shall include all materials, equipment, and labor to provide and install the tapping tee and tapping valve, including any necessary thrust restraint. Item 119: (8" ductile iron pipe) Measurement of water mains is made in lineal feet along the centerline of pipe through all valves, fittings, and appurtenances. Payment for water mains will be made at the contract unit price bid per lineal foot for 8" ductile iron pipe, which includes furnishing and installing pipe, furnishing and placing Type 1 pipe bedding, trench excavation, backfill, and compaction, including furnishing and placing any required flowable fill backfill, cleaning, testing, and disinfecting the water 1 MEASUREMENT AND PAYMENT I I I I I I I I I I I I I I I I I I I main, providing any and all necessary joint and thrust restraint, dewatering, proper disposal of all waste materials, and all other work necessary or incidental for completion of the item. Item 120: (Service reconnection within trench limits, 2" diameter and smaller) Measurement shall be by the numerical count of each service that is reconnected within the limits of the main line trench. Payment at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings, testing and disinfection, and for tapping of the new main and providing all tools, equipment and incidentals necessary to complete this item. Item 121: (Service reconnection within trench limits, 4" diameter and larger) Measurement shall be by the numerical count of each service that is reconnected, including any fire hydrant lead reconnections, within the limits of the main line trench. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings, joint restraints, testing and disinfection, and providing all tools, equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Item 122: (Service reconnection outside trench limits, 2" diameter and smaller) Measurement shall be by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service, either outside or inside of the building. Payment at the contract unit price shall constitute full compensation for furnishing and installing all service clamps, corporation stops, water service pipes, fittings, curb stops and curb boxes, and for tapping ofthe new main, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item, proper disposal of all waste materials and providing all tools, equipment and incidentals necessary to complete this item. Item 123: (Service reconnection outside trench limits, 4" diameter and larger) Measurement shall be by the lineal foot of each service that is reconnected, beginning at the connection to the main, up to the connection to the existing service, either outside or inside of the building. including any fire hydrant lead reconnections. Payment at the contract unit price shall constitute full compensation for furnishing and installing all water service pipes, fittings, joint restraints, testing and disinfection, for all excavation, backfill, compaction, removal and replacement of any curbing or sidewalk removed to complete the item, proper disposal of all waste materials, and providing all tools, equipment and incidentals necessary to complete this item. Any gate valves required to complete the reconnection shall be measured and paid for separately. Items 124, 125, and 126: (Fire hydrants) Measurement and payment shall be as per MPWSS Section 026604.7 A. Item 127: (Insulation) Measurement shall be made on a lineal foot basis along the centerline of the pipeline being insulated. Payment at the contract unit price shall constitute full compensation for furnishing and installing the insulation board to the required dimensions as well as any required additional excavation, furnishing and placement of sand bedding, backfill and compaction, all for all tools, equipment and incidentals necessary to complete this item. 2 MEASUREMENT AND PAYMENT I I I I I I I I I I I I I I I I I I I Item 128: (Traffic control) This item shall be measured and paid for as per MPWSS Section 01570 Part 4, lump sum basis. Item 129: (Temporary water system) This item shall be measured on a lump-sum basis. Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for providing and installing the temporary water system, making all temporary connections, disinfection and testing of the temporary water system, protecting the temporary water system from damage at all vehicle crossing points, providing ADA approved pedestrian crossings of the temporary water system if necessary, for removal of the temporary water system and restoration of any pavement cuts, and for all materials, tools, equipment and incidentals necessary to complete this item. Progress payments are in proportion to total construction completed. Item 130: (Asphalt surface restoration) Measurement for asphalt surface restoration shall be by the actual number oflinear feet of restoration satisfactorily accomplished, measured along the centerline of the water lines, and payment shall be made at the unit price bid for all labor, equipment, materials and incidentals necessary to furnish, install and compact the gravel base, and to furnish, install and compact the asphalt surface restoration as per the plans. Item 131: (Type 2 bedding) This item shall be measured and paid for as per MPWSS Section 02221 4.4, cubic yard basis. Item 132: (Quality Assurance Testing) This item shall be measured on a lump-sum basis. Payment shall be made at the contract lump-sum price bid for this item, and shall constitute full compensation for hiring an independent certified testing laboratory to perform all required testing, necessary retesting, documentation, report preparation and submittal; and for all materials, tools, equipment and incidentals necessary to complete this item. This item shall also include all necessary coordination and scheduling of testing activities which shall be the sole responsibility of the contractor. Progress payments are in proportion to total construction completed. Item 133: (Miscellaneous Work) The item Miscellaneous Work has been provided in the proposal for any work and/or materials which may be encountered during construction, but which is not addressed elsewhere in the contract. Miscellaneous work will be measured by the respective unit for material and/or work performed as directed in writing by the Engineer. Payment for Miscellaneous Work, measured as provided above, will be at agreed upon prices or on force account basis. The number of units in dollars set down in the contract is an estimated amount only, which may be adjusted up or down by thc Engineer in accordance with the needs of the project. 3 MEASUREMENT AND PAYMENT APPEND1X A STANDARD URA- WINGS ~ , , , , , , , , , , - I I I I I I I I I I I I I I I I I I I ~ L s' o . 1:~ · ~t i----1 4' TEMPORARY ACCESS RAMP ADEQUATELY SUPPORTED 'R~ lC' 11 n FENCING FENCING MUST MAINTAIN 4' CLEAR AREA BETWEEN FENCING. WALKWAY MUST BE SMOOTH AND KEPT CLEAR OF OBSTRUCTIONS APPROPRIATE TRAFFIC CONTROL PLAN MUST BE USED FOR LANE CLOSURES FENCING AS SHOWN MAY USED FOR SHORT TERM (LESS THAN 30 DAYS) INSTALLATION. MORE PERMANENT STRUCTURES WILL BE REQUIRED FOR LONGER TERM. A COVERWALK MAY BE REQUIRED FOR OVERHEAD OPERATIONS (IF HEIGHT MINUS 10' EXCEEDS DISTANCE FROM WALK WAY TO WORK AREA) 1 I CITY OF BOZEMAN STANDARD DRAWING SCALE: NONE SIDEWALK CLOSURE WITH D ETO U R NO. 01570-8 FEB 2007 I I I I I I I I I I I I I I I I I I CITY OF BOZEMAN I STANDARD DRAWING .............. SIGN ~ WORK SITE . IlIo (II 0 (I TRAFFIC DRUMS OR CONE SCALE: NONE R9-11 (L) SIDEWALK CLOSED AHEAD . CROSS HERE 30"X24 " SIDEWALK CLOSED 24"X18" SIDEWALK CLOSED 24"X18" R9-11 (R) SIDEWALK CLOSED AHEAD . CROSS HERE 30"X24 " SIGNS ARE TO BE PLACED AT THE NEAREST LEGAL CROSSING TO THE WORK AREA. MAY ONLY BE USED IF A PARALLEL SIDEWALK EXISTS ON THE OTHER SIDE OF THE ROADWAY. PEDESTRIAN TRAFFIC CONTROL FOR TEMPORARY SIDEWALK CLOSURE NO. 01570-7 FEB 2007 I I I I ;~~f~~{~,~ COMPACTED BASE & SUBGRADE / . ";:,,' '. .:\ 'i\ I I I 6" L I I I I I I NOTES: I 1. Adjust water valves upward or downward os required, Final adjustment sholl be mode after paving and before seal coating, I 2. Model No, 69 8550 series, East Jordon Iron works adjustable screw-type risers may be used to raise or adjust existing valve boxes only, 3, Valve box adjustment shown is designated as Type II water valve adjustment. Type I water valve adjustment is similar except with a concrete collar. I I I CITY OF BOZEMAN STANDARD DRAWING SCALE: NONE WATER VALVE ADJUSTMENT DETAIL NO. Feb. 02213-2 2004 I I I I I NOTE, WHERE TRENCH PASSES THROUGH EXISTING P A \lEMEN; THE PAVEMENT SHALL BE CUT ALONG A NEAT VERTICAL LINe A MINIMUM OF 1 i" (30em) FROM THE EDGE OF THE TRENCH OPENING WHERE NEAT LINE IS LESS THAN 3' (D.9m) FROM EDGE OF EXISTING PAVEMENT OR CURB AND GUTTEP SECTION, REMOVE ANCJ REPLACE ENTIRE PAVEMENT SECTION BETWEEN TRENCH AND EDGE OF PAVEMENT I I I EXISTING STREET SURF ACE I r12"(3D em) MIN-i I I BACKSLOPE AS SPECIFIED TO CONFORM TO O.S.H.A, REGULA TIONS' I I I I T'!'PE I PIPE BEDDING PLACED IN 6"(1 Sem) MAX LAYERS AN[J COMPACTED THOROUGHL Y <::%</: (~,(<:?; I ~~ I TYPE :' PIPE BEDDING WHERE REQUIRED FOR SOFT OP UNSTABLE FOUNOA TlON I I / VERTICAL TRENCH WALLS WITH SHORING TO CONFORM TO OSHA REGULA TIONS' I ;' / / / \ SUBGRADE \ SURF ACE .;-,,>.,,;, OR GROUND y INST ALL DETlECT ABLE WARNING TAPE 18"(45em) MAX. DEPTH (OPTIONAL) l - SLOPING, BENCHING OR SUPPORT SYSTEMS IN THIS AREA TO CONFORM TO O.S.H.A. REGULATIONS' 6"(15em) 4"(10cm) I I !RENCH \\1DTH~O.D, OF PIPE PLUS 2'(60cm) MIN TRENCH WIDTH.. 3.S'(L1m) NOTE, SEE CONTRACT SPECIAL PROVISIONS FOR ANY MODIFICATIONS TO STANDARD TRENCH MATERIALS AND !OP OTHER TRENCH DESIGN FEATURES . SEE Q.S.H.A, CONSTRUCTION STANDARDS FOR EXCAVATIONS. I CITY OF BILLINGS STANDARD SPECIFICATIONS I SCALE: NONE TYPICAL UTILITY TRENCH DETAILS SELECT TYPE I SEDDING MATERIAL PLACED IN 6"(1Scm) LAYERS & COMPACTED AS SPECIFIED IN SECTlON 02221, REVlSED: 10/25/02 STANDARD DRAI'I1NG NO. 02221 ~ 1 ...-.-. ... --.---.-..--..-..". I I I I I I I I I I I I I I I I I I I It is recognized tha t na tive ma tenals which may be used for pipe bedding vary W1dely from area to area, Therefore, the following 1S offered as an alterna te to the TYPE 1 p1pe beddmg specifica ti on in SectlOn 02221: TRENCH EXGA VATION AND BACKFILL FOR PIPE- LINES AND APPURTENANT STRUCTURES This alternate shall be used only if called for in the Spec1al Provisions It must be emphaslZed tha t no specifica tion should be used without the engmeer s evalua tion of the particular situa tion TYPE 1 PIPE BEDDING Type 1 p1pe beddmg, imported or na turally occurnng on slte, shall be gravel, gravel-sand mixture, or sand, The ma tenal shall be well graded and shall conform to the requirements for soil type GW (gra- vel, well graded) or SW (sand, well graded) of the Um- fied Soil Classification System (USGS) as delineated in ASTM D2487 except, at the discretion of the engmeer, the material may contain up to a maximum of 12 percent passIng the 200 sieve provided the plasticity index of the ma tenal is 6 or less. The maX1m urn Slze gra vel shall be 3/4-inch, The coeff1C1ent of uniformity for gravel shall be 4 or greater and a coeffic1ent of curvature between 1 and 3, Sand shall have a coeffic1ent of uniformity of 6 or greater and a coefficient of curvature between 1 and 3, Type 1 bed- ding shall cons1st of a minimum of 4 inches(lO em), or 1/8 the outside diameter of p1pe, whichever is greater, bedding ma terial under the pipe; and the beddIng ma terial around and over the pipe to a pOInt a minimum 6 lIlches (15cm! above the top of the p1pe unless specifled otherwise in the Special Pro VlSlOns, The coefficient of uniformity is defined as the ratio of grain size diameter at 60;;; passing to the gram size diame ter at 10;;; passing expressed as: 060 Cu :::= 010 The coefficient of curvature 1S defined as the position of the square of the grain SIze diameter at 30% passing to the product of the grain size diameter at 10;;; passing times the grain Slze diameter at 60;;; passing expressed as: ( 030 / Cc :::= D,O X 060 Where the naturally occurring material contains voids which would ailow migra tion, sand bedding ma terial shall not be used, Bedding material under and around the p1pe to 6 mches (15cm) above the top of the p1pe shall be placed by hand or other careful manner so as not to disturb the p1pe, m maximum layers of 6 inches (15cm) and compacted to a m1D1mUm of 85% Standard Proctor ASTM D69B R. AASHTO T-99 Special care shall be taken to assure complete compaction under the haunches of the pipe Backfill matenal shall be placed in the trench for its full width on each side slmultaneously Water settlmg of th1S portion of the trench will not be allowed The addition of water shall be limited to that reqUlred for optimum m01sture for maximum compactJOn of thematenal, REVISED ',:2 /27/95 MONTANA PUBLIC WOPf<S ';,T ANDARD SPEC!FICA TIONS SCALE: PIPE BEDDING AL TERNA TE STANOAR[J DRAWING NO, 02.:::'.:::'1-:::' ~WNE I I I I I I I I I I I I I I I I I I I 5.4" (0.45') 24" g' CRUSHED GRAVEL BASE - 3" MIN. ~9" .5" 3/4" TO PER l' SLOPE .:r;:J . 1 I " ... '..::\ <I " '" ,,4 <J ." 6" 4' ~ 7.5" <J ..::\<J ." ," <J ". SUB-BASE COURSE AS REQUIRED ",)~~~y)Y~v>> ~ ~~>>~W)y~~'0 (0(0(-<<-<<-<<~'0<B<-0<-0<~~-<<Y@'//'/A/A, " V\"'>/'>7'hY:>-' 'y'>>, ~, ' " " , ," COMPACTED SUBGRADE 0.5" 1 5" 1 ~ 3/4" PER " SLOPE ~-;!'I - l 3/4" L _3/4" PER "J'"'~ ~~ - 1 2" PER l' SLOPE_ DROP CURB FOR DRIVEWAYS DROP CURB FOR PEDESTRIAN RAMPS SPILL CUR B tiQIES.; " Subgrode or base courSe compaction sholl conform to section 02230 (M.P.W. Specs., 1996 ed.) 2. Contraction joints sholl be placed at 10' intervols and shall have a minimum depth of 3/4" and minimum width of l/B". 3. 1/2" expansion joint material sholl be placed at all P.C.s. P.T.s, curb returns and at not more than 300' intervals, The expansion material shall extend through the full depth of the curb and gutter, 4. No curb and gutter sholl be placed without a final form inspection by the City Engineer or his representative. 5. Concrete shall be Closs M-4000. 6. Crushed grovel base sholl meet the requirements of Section 02235 (MPW SPECS. 2003 ed.) For curb and gutter replacement projects, washed rock may be used for the gravel base. CITY OF BOZEMAN STANDARD DRAWING INTEGRAL CONCRETE CURB & GUTTER NO. 02528-1 Revised Mar" 2006 SCALE: NONE I I I .. I I I REDUCER I I I TEE TEE CPluggecD BEND STANDARD DIMENSIONS FOR THRUST BL OCKING 900 BEND 450 BEND de REDUCERS &" FITTING TfES &" PLUGS wrrs 22 1/2OBEND SIZES A B A B A B A B 4' )'-7" )'-2- 1'-9- )' ~6' ]'-8' 0'-)0- ]'-7' 0'-6' 6' 2'-0' )'-J)' 2'-S' 2'-2' ) '-10' )'-7" ]' - 9' 0'-)0- 8' 2'-8- 2'-6' 3'-2- 3'-0' 2'-5- 2'-]' ]'-9' )'-6' ]0' 3'-4' 3'-3- 4'-0- 3'-10' 3'-0' 2'-9' 2'-2' ]'-Jr ]2' 4'-0- 3'-JO' 4 '-8- 4'-8' 3'-8' 3'-3' 2'-7' 2'-3' J4' 5'-S' 3'-JO- 6'-6- 4'-11- 4'-9' 3'-5' 3'-S' 2'-5' I I I I METRIC DIMENSIONS FOR THRUST BLOCKING I 900SEND 450 BEND de WYCS REDUCERS &- FI TTlNG TEES &- PLUGS 22 7/208END SIZES A B A B A B A B ] Or;:,., 0.5,., 0.4,., 0.5,., 0.5,., 0.5,., 0.3,., 0.5,., 0.2,., JSr;:,., 0.6,., 0.6,., 0.7,., 0.7,., 0.6,., 0.5,., 0.5,., 0,3,., 20e,., o.a,., o.e,., J.O,., 0.9,., 0.7,., 0.6,., 0.5,., 0.5,., 2Sr;:,., ).0,., 1.0,., 1.2,., 1.2,., 0.9,., o.e,., 0.7,., 0.6,., 30r;:,., 1.2,., 1.2,., ) 4,., 14,., J.J,., 1.0,., o.a,., 07,., 36e,., 1.6,., 1.2,., 2.0M 1.5M l.4M 1.0,., 1.0,., 0.7,., .!:!.Q.!IT 1. THESE TABLE:; ARE BASED ON )50 PSIr)030 kpo) MA1N PRESSURE 2. '.IRAP ALL nTT1NGS I,JETH POL Y[THYl[N[. 2000 PSt(9800 kgll"1"' SOlL BEARING PRESSURE REVISED' 12/27/95 I I I I MONTANA PUBLIC WORKS 51 ANDARD SPECIFICATIONS SCALE; THRUST BLOCKING FOR WATER MAIN FITTINGS STANDARD DRAWING NONE NO. 02660-1 I I I I I I ~4t'\ -1t ~ ~/ "- '.lATER MAIN I NO VERTICAL REQUIREMENT l I SE'WER 10'-0' MIN - Q) 0 (3,.,) I PARALLEL ARRANGEMENT I L 4 L 0 L/2 I L/2 I j IS' MIN{g) G) <0.5,.,) I - ===t- /EXISTING PIPE I NE'W PIPE ~~iTlNG I -I CROSSJNGS @) j 18' MIN,@ I co I"' ~ ~ I.-NE'W PIPE I 1- ~ I CD SPECIFIC MONTANA DEPART, OF HEALTH AND ENVIROMENTAL SCIENCE:: APPROVAL IS REQUIRED FOR A DISTANCE LESS THAN 10 FEETO,.,) BET'WEEN 'WATER MAIN AND GRAVITY SE'WER, @ NO EXCEPTION TO THE MIN, SEPARATION REQUIREMENT IS PERMITTED 'WHEN THE SE\JAGE CARRYING PIPE IS A roRCE MAIN AT CRO:SINGS, ONE FULL LENGTH 0' 'WATER MAIN PIPE SHALL BE LOCATED SO THAT BOTH JOINT::; 'WILL BE AS FAR FROM THE FORCE MAIN A: POSSIBLE. I I G) LESS THAN 18 INCHES<O.S,.,) OF SEPARATION IS PERMITTED \JHEN THE GRAVITY SE\oIER AT THE CROSSING IS MADE FROM A SINGLE 20 rOO1<6.1,.,) LENGTH OF A\JVA PRESSURE PIPE AND THE CROSSING ANGLE IS APPROXIMATELY 90 DEGREES. SPEClrIC MONTANA DEPART OF HEALTH AND ENVIROMENTAL SCIENCES APPROVAL IS REQUIRED FOR A VERTICAL SEPARATION OF LE::S THAN 16 INCHESCO,S,.,) BET'WEEN 'WATER MAIN AND SANITARY SEVER I @) 'L' IS A STANDARD LENGTH OF PIPE AS SUPPLIED BY A PIPE MANur ACTURER I @ ADEQUATE STRUCTURAL SUPPORT FOR PIPES AT CROSSINGS SHALL BE PROVIDED RE\nSED: 12/27/95 I MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS SCALE: WA TER AND SEWER MAIN SEPARA TION STANDARD DRAWING NONE NO. 02660-2 I I I I I I REBAR 'I ~ I "C" j I "C. CONCRETE ANCHORS I I I I "B" "A" I NOTE: COAT RODS WITH "KOPPERS" BITUMASTIC NO, 50 COATING OR EQUAL, I I THRUST BLOCK DIMENSIONS v.... 100 PSI 150 PSI 200 PSI 250 PSI 300 PSI SI.. ABCA8CA8CA8CABC 2'-0. 2'-0 2'-0.2'-0.2'-0 2'-0.2'-0.2'-0.2'-0. 2'-0 2'-0. 2'-0 2'-0.2'-0.2'-7. 2'-0" 2'-0 2'-0. 2'-6 2'-6 2'-0.2'-9.2'-6. 2'-6" ~'-O ~'-O" ~'-O ~'-7 ~'-O ~'-O" " 2'-~" 2'-0 2'-0. 3'-0 ~'-O 2'-6" ~'-5. ~'-O. ~'-O. 4'-~ ~'-O. 3'-0 5'-1 ~'-O ~'-O" 2'-~. 2'-0 2'-0. ~'-5 ~'-O ~'-O" 4'-6. ~'-O. ~'-O. 4'-0 4'-0. 4'-0 4'-9 4'-0 4'-0. 3'-0. ~'-O ~'-O. 4'-4 3'-0 ~'-O" 4'-1" 4'-0" 4'-0" 5'-1 4'-0.4'-0 6'-1 4'-0 4'-0. ~'-6. ~'-O ~'-O" 5'-5 3'-0 ~'-O. 5'-1. 4'-0.4'-0" 6'-4 4'-0" 4'-0 5'-9 5'-0 5'-0. 4'-4. 4'-0 4'-0" 6'-5 4'-0 4'-0.6'-6.5'-0. 5'-0" 6'-5 6'-0" 6'-0 7'-6 6'-0 6'-0. I I NOTE: Pressures shown above are maximum working pressures in system, I THRUST BLOCKING AND ANCHORS ARE REQUIRED ON ALL 6" VALVES AND LARGER UNLESS SPECIFIED BY THE ENGINEER, MEGA-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCKS. THRUST BLOCKS NOT REQUIRED ON TAPPING VALVES I I CITY OF BOZEMAN STANDARD DRAWING SCALE: NONE THRUST BLOCKING FOR WATER MAIN VALVES NO. DEC 02660-3 2003 I I I I I I I I I I I I I I I I I I I I INSTALL PLUMB WITH ~ PUMPER NOZZLE FACING STREET r-~:= ~:: ~~~.. I TO BACK OF CURB NEW HYDRANT, ~ MUELLER SUPER ~ CENTURION 250 MIN. 4'- 0" CLEAR ALL AROUND (TREES, HEDGES, BUSHES, ETC.) ELEVATIONS AS SHOWN ON PLANS OR 0.2' ~ ABOVE TOP OF CURB GRADE GROUND LINE ADJUSTABLE SCREW TYPE VALVE BOX \ WI~ LID ~ ~ MIN. 6.5' COVER TO MAIN LINE FOR GATE VALVE MIN. 1/2 CUBIC YARD WASHED GRAVEL *MEGA-LUG OR APPROVED EQUAL JOINT RESTRAINTS MAY BE USED IN LIEU OF CONCRETE THRUST BLOCK CITY OF BOZEMAN STANDARD DRAWING SCALE: NONE FIRE HYDRANT NO. 02660-4 DEC 2003 I I r PROPERTY LINE OR EASEMENT LINE STEEL POST MARKER PAINTED BLU7 I I. 5 1/2 ' BOULEVARD (TYP.) STREET SURFACE 5' SIDEWALK (TYP.) GROUND SURFACE 4' l' I l' ---l I I. 11.5' (TYP .) PROVIDE 5' STATIONARY ROD IN ALL CURB BOXES ~ 6 1/2' MIN. COVER I I SEE D ET AIL BELOW I. 8' (TYPICAL EXCEPT IN SPECIAL CIRCUMSTANCES WHERE CITY HAS APPROVED ALTERNATE LOCATION) I NO COUPLINGS OR OTHER JOINTS ALLOWED ON SERVICE PIPE FROM CORP. STOP TO CURB STOP FOR 3/4" AND 1" SERVICES. STRAIGHT COPPER PIPE SHALL BE USED FOR 1 1 2" AND 2" SERVICES I I BASE I DETAIL OF A PROPERLY INSTALLED CORPORA TlON STOP. TAP MAIN AT SPRINGL/NE. CORPORATION SELECT MATERIAL BACKFILL AREA (SEE SPECIFICATIONS) I / ,', /" / . ,,/ / /,/ , . ..,/, ~ .'. / \ ',7""," . ~ /'/.~ , '. " /. . 3/4" DIA. MIN. SERVICE PIPE I . ...'. I \>~,:,':'" , :. , ,." ", "':-' \ ,. "':':.\~~RENCH BOTTOM' ..' \.~ I ~ l" , " 6" MIN. \ '- ~ '" I GENERAL NOTES: 1. WATER SERVICE LINES SHALL HAVE A MINIMUM 6 1/2 FOOT COVER MEASURED FROM THE EXISTING GROUND SURFACE, EXCEPT THAT COVER SHALL BE MEASURED FROM CENTER LINE STREET GRADE WHEN SERVICE LINES ARE LAID TO A STREET SIDE WHICH HAS AN UPHILL SLOPE. WATER SERVICE LINES SHALL HAVE A MAXIMUM 7 1/2 FOOT COVER AT CURB STOP. 2. WATER SERVICE LINES SHALL BE INSTALLED WHERE SHOWN ON THE DRAWINGS OR AS SPECIFIED. 3. BEDDING SHALL BE 1" DIA. MAXIMUM WITHIN 6" OF SERVICE PIPE. 4. INSTALL CURB STOP SO THAT OPERATING KEY IS PARALLEL TO STREET IN OFF-POSmON. \ . "\ 1 \.,' \ ~, . - I \ . , ',1 I <.......; I I I CITY OF BOZEMAN STANDARD DRAWING SCALE: NONE WATER SERVICE LINE NO. 02660-6 DEC 2003 I I I I I I I I I I I I I I I I I I I I UNDISTURBED EARTH (1YP .) CONCRETE THRUST BLOCK (1YP.) MJ GLAND ~ CITY OF BOZEMAN STANDARD DRAWING ~ 0.1. PIPE /~MJ MJ TEE 0.1. PIPE D.1. PIPE G~ND\ G 0.1. PIPE MJ VALVE MJ G~ND/ 3/4" MIN. CORROSION RESISTANT ALL THREAD RESTRAINING ROD, CONFORMING TO ASTM A242-81, INSTALLED IN HALF THE AVAILABLE MECHANICAL JOINT BOLT HOLES (TYP.) WHERE NECESSARY, CLAMPING LUGS (ROMAC "DUCTILE LUG" OR EQUAL) DESIGNED TO FIT DUCTILE IRON (D.I.) PIPE, AND CONFORMING TO ASTM 536-80 MAY BE USED IN CONJUNCTION WITH THE RESTRAINING RODS. SCALE: NONE TYPICAL VALVE/TEE RESTRAI NT NO. 02660-10 DEe 2003 ------------------- All FITTINGS SHAll BE MECHANICAL JOINT WITH 3/4" TIE RODS IN EVERY OTHER AVAILABLE BOLT HOLE. ROMAC "DUCTILE LUGS" OR APPROVED EQUAL MAY BE USED TO FACILITATE THE ROD INSTALLATION. EXISTING SEWER PIPE ',~ . .~.... ,.: h' . ~ . " '-. ~.~. "'. #4 REBAR ANCHOR RODS WITH BITUMINOUS COATING (TYP. ) ~. - ..: . .' BACKFILL WITH BEDDING MATERIAL 1"~. . ~ ...... .' :~ . -'. ,. ~ " ~ - . ~,',. ;- . " .:_.. ~.''''' .~._ .~'_c.~. '_~ " : r':: <. :::: 18 " min. :':<', .' . ~. - .-.;-. .,~ ~, -.-." ~ .- .~'. "_" :'r --. ~ ,. ~" . CONCRETE THRUST BLOCK (SIZE DETERMINED BY ENGINEER) -' .,'..'~ -:.... . .". .: _',':::- .i,'".'.::..~" ~: ~.'-,:~~.. ':.:~': ",-",<," ,;:. . ~..' '~'-" ..~ " "". -', ,. '-. ~... ....:. - ." , . "MEGALUG" OR "UNI-FLANGE" JOINT RESTRAINTS MAY BE SUBSTITUTED FOR TIE RODS THRUST BLOCKS CONCRETE THRUST BLOCK (AS PER MPW STANDARD DRAWING 02660-1 NOTE: POLYETHYLENE ENCASEMENT ON ALL DUCTILE IRON PIPE AND FITTINGS AS SPECIFIED. CITY OF BOZEMAN STANDARD DRAWING WATER MAIN CROSSING BELOW EXISTING SEWER MAIN SCALE: NONE NO. 02660-11 DEe 2003 I I NO PRESSURE GAUGES OR PRESSURE GAUGE FTTTINGS WILJ.. BE N..JJ:NIm ON THE TEST PORTS OF NfY IW:KflOW PREvENTION ASSEMBLY. I I 4" OR LARGER CLASS 51 DUCTILE IRON PIPE (TYP,) " I MECHANICAL JOINT ~ 1t~r "~N~) [>(1 I TAPPING TEE & VALVE\ OR INSTALL VALVE AT PROPERTY LINE (TYPICAL FOR ALL RISER CONFIGURATIONS) r METER SIZED SAME: AS INCOMING UNE - NO EXCEPTIONS. BACKF1.OW PREvENTION ASSEllBL Y ..UST CONNECT DlREC'Tl.. Y TO METER! STRAINER. REOUIRED BACKF1.OW PREVENTION OEIACE TO BE DETER..'NED BY WATER SUPERINllENDIENT. FLOOR .', ~III'. ~ ..,,'., . -,..,; , .... . ~ 3/4. "IN. Rod; Rod, INSTo\I..W) IN F;VERY OTHER AVNlABLE ".J. / BOLT HOlES (TYPICAL) - s/s. RODS 1.CCEPTABLE fOR 4. UNES BEND WITH THRUST BLOCK I LEGEND I I PROVIDE FLEXIBLE, WATER- TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATION. I I L " "IN.. Z' 1.lAA. ABO\IE flNISHEO FLOOR FLOOR '. I MECHANICAL~ JOINT \ _ I I I I COAlED STEEL J WAU. PlATE, 5/16. "IN. THICKNESS 2' MIN" 3' MAX CLEARANCE ABOVE FINISHED FLOOR I I CITY OF BOZEMAN STANDARD DRAWING SCALE: NONE I I ~"". --E FLANGED OS&Y VALVE CITY OF BOZEMAN REQUIREMENTS FOR INSTALLATION OF BACKFLOW PREVENTION ASSEMBLY 1. The FIRST fitting inside of the building shall be 0 UL listed fionged Kennedy or Mueller OS&Y valve the some size as the service line. Combinotion strainer/meter immediately following OS&Y valve or elbow attached directly to OS&Y valve -- meter must set horizontal. 2. All Backflow Prevention Assemblies sholl be: a. UL or FM listed. b. Approved by the University of Southern California Foundotion for Cross Connection Control and Hydraulic Research (USCFCCCHR) for operation in the proposed position (vertical or horizontol) os shown on approved plans. c. Instolled os shown on the approved plans. 3. Harizantol instollations must be a minimum of 2' above the finished floor. 4. The service riser must be a minimum of 2' from any outside woll. 5. The incoming service iine sholl be 0 minimum 6.5', and a max~ imum of 7.5' below the finished grode. 6. All service line appurtenances sholl hove 0 minimum pressure rating of 1 75 PSI. 7. All service lines 4" and larger shall be Closs 51 Ductile Iron Pipe. B. Line Sizing: The Backflaw Prevention Assembiy and meter shall be equol in size to both the incoming pipe diameter (upstream) and outgoing pi~e diameter (downstream). For exomple, 0 4" service line sholl hove 0 4 meter and Backfiow Prevention Assembly. WATER SERVICE LINE FOR SIZES 4" AND LARGER NO. 02660-12 DEe 2003 REV: APRIL 2006 1. WATER SERVICE UNE INSTAlLATIONS SHALL CONFORM TO THE REQUIREMENTS OF THE CllY OF BOZEMAN WATER SUPERINTENDNH. 2. SERVICE LINES SHALL BE WE K COPPER FOR 3/4", 1", 1 1/2', AND 2" SERVICES. SEE STANDARD DRAWING NO. 02660-12 FOR 4" AND lARGER DOMESTIC SERVICE LINES. SERVICE UNES BElWEEN 2' AND 4' ARE NOT ALLOWED. 3. STRAIGHT COPPER TUBING SHALL BE USED FOR 1 1/2" AND 2" SERVICES. 4. SERVICE LINES SHALL BE BEDDED 3" UNDER AND OVER THE PIPE WITH SAND. NATIVE MATERIAL MAY BE USED AS BEDDING IF IT CONFORMS TO THE REOUIREMENTS OF MONTANA PUBLIC WORKS STANDARD DRAWING 02221-2 AND DOES NOT CONTAIN ANY MATERIAL LARGER THAN 3/4", 5. PROVIDE FLEXIBLE, WATER TIGHT CONNECTION FOR ALL WALL OR FLOOR PIPE PENETRATIONS. 6. METERS SHALL BE INSTALUED BY THE CITY WATER DEPARTMENT AT CUSTOMERS' EXPENSE. 7. NO SERVICE LINE SHALL BE BACKFILLED UNTIL IT HAS BEEN INSPECTED AND APPROVED BY THE WATER DEPARTMENT. B. CONTACT CllY OF BOZEMAN WATER DEPARTMENT FOR APPROVED LIST OF COPPER CONNECTIONS. 9. WATER SERVICE LINE MAY BE REDUCED TO A SMALLER SIZE THAN THE WATER SERVICE STUB. REDUr.TION MII!':T BE MADE WITHIN 18' OF CIJRR !':TOP. 10. METER, BACKFLOW PROTECTION, AND INCOMING SERVICE LINE MUST ALL BE THE SAME SIZE. I I I ft I I fWATER MAIN I I WATER SERVICE LINE STUB (SEE C.O.B. STANDARD DRAWING 02660-6) I I FOUNDATION BACKFLOW PREVENTION ASSEMBLY WALL ((AS REQUIRED) f---" Mlr./2' IAAX TO DOMESTIC FlXTURES M FOUNDATlON WALL I SERVICE UNE ( .. i \ DOWNSTREAM SHUTOFlF .. I FLOOR I *METER SAME SIZE AS INCOMING LINE-NO EXCEPTIONS, METER MUST CONNECT DIRECTLY TO ANGLE OR STRAIGHT STOP AND BACKFLOW DEVICE **DOWNSTREAM SHUT OFF VALVE MUST BE SEPARATE FROM BACK FLOW DEVICE DETAIL A TYPICAL WALL PENETRATION (N.T.S.) I I I I (""" "'" ." ." NEAREST FOUNDATION (WALL TO CURB STOP '., " .~ SEE DETAILS A & B BELOW 6.5' lAIN. COVF;R . ,. ".~ '.. ....... . . ....' '0 ";f. WATER SERVICE LINE-I INSTALUED BY CUSTOIAER (SERVICE APPLlCATlON & PLUMBING PERIAIT REQUIRED) NOTE: IAETER SIZED SAIolE AS INCOMING LINE-NO EXCEPTIONS. BACKFLOW PREVENTION ASSEIABLY (AS REQUIRED) TO DOIAESTlC FlXTURES \ DOWNSTREAM SHUTOFF .. l' lAIN. QUARTER-BEND COUPLING (1 1/2" & 2" SERVICES ONLY) DETAIL B TYPICAL FLOOR PENETRATION (N.T.S.) (CRAWL SPACE) I CITY OF BOZEMAN STANDARD DRAWING SCALE: NONE WATER SERVICE LINE FROM CURB STOP TO BUILDING (LINES 2" AND SMALLER) NO. 02660-15 Dec. 2003 Rev. A ril 2006 I I ':""-,-","'"