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Home My WebLink AboutBozeman WRF Phase 1 Early Out Improvements for Contract Manual .~ ~ .......!)... '.: ^" " DOCUMENT NO: '2 2 Water Reclamation Facility (WRF) City of Bozeman, Montana Project No. 00. ..52713 Contract Manual For Construction of: Bozeman WRF Phase 1 Early Out Improvements June 2001 ID~ HDR Engineering, Inc. 11'/ MORRISON . II. MAIERLE, INC. . July 12, 2007 Ci~ of Bozeman WRF Early Out ImpI'Ovements Prqject LETTER OF TRANSMITTAL SUBJECT: Addendum No" 1 Dear Bidding Document Holders and Prospective Bidders: Please find enclosed Addendum No, 1 for thc City of Bozeman WRF Early Out Improvements Project Please acknowledge leceipt ofthis addendum by signing and dating the space provided in the Bid FOlm . Please contact ow office if you have any questions, Sincerely, ~~~~G,mc Daniel T, Harmon, PE Project Engineet c" Bob Mmray, City of Bozeman T om Adams, City of Bozeman James Nickelson, Morrison Maierle . HDR Engineering.lne 1715 South Reserve SuitaC Missoula MT 5980H708 PhOlle:(4061537..2200 Fax: (4061541..8131 Wlw/,hdrinC.com . ADDENDUM NO.1 City of Bozeman WRF Early Out Improvements Pro,ject HDR EngineeJing, Inc. 1715 South Reserve, Suite C Missoula, MT 59801 Phone: (406) 532-2200 Monison Maiede 9011echnology Boulevard Bozeman, Mf 59771 Phone: (406) 587-0721 PART 1 - GENERAL 1.01 SCOPE A This addendum forms a paIt of the Bidding and Contract Documents and modifies the Project Manual and Drawings as described below B. This Addendum consists of2 pages and the following attachments: L Updated Planholders List, Dated 7/11/08, 2 Pre-Bid Conference Agenda & Attendance List 1 02 ACKNOWLEDGEMENT A Bidders acknowledge receipt of this Addendum by signing and dating in the space provided in the Bid Form . PAR T 2 - PROJECT MANUAL 2,01 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT A Section 00500 ~ Agreement 1.. To Atticles 00500A.02..A.1.. through 4., modify the days to achieve Substantial Completion and Final Payment to read as follows: "1, The work associated with Bid Items No 1 and No" 2 that requires removal of the aeration basin cells from se1vice for completion will be completed and ready for basin partial utilization on or before August 31, 2007. It is assumed that the aeration basin mixers may be lowered into the basins while the basins are back in se1vice without the need fOt removal of the basins horn service once again.. 2 The remaining work associated with Bid Items No, 1, No, 2, No, 3 and No,. 4, including Owner~provided basin mixers installation and Owner-provided electtical, instIUmentation and controls, will be substantially completed and ready for aeration basin service on or before September 30,2007. The mounting, hoist and rail equipment shall be delivered to the pr~ject early, as identified in Section 01011 - Owner' Furnished Equipment, for installation by the Contractor . 07/12/07 Page I City ofBozeffillll WRF Early Out Improvements Project Addendum No 1 . . . " .J. The wOIk associated with Bid Item No.4 will be substantially completed on or bef01e September 3D, 2007 All work will be completed and ready for fmal payment in accordance with Paragraph 14.07..B. of the General Conditions within 145 calendar days after the date when the Contract time commences to run, as provided in Par'agraph 2.03 of the General Conditions" 4.. B. Section 01011 - Owner Fumished Equipment 1 To Article 0 I 0 II.IolA.Ia., change the aeration basin mixer delivery dates to read as follows: "a.. Aeration Basin Mixers Event Deliver mixer guide mils and in-basin supports Deliver mixers and associated hoists to site Perform ManufactW'er's Field Services No Earlier Than: July 28, 2007 No Later Than: August 22, 2007 July 28, 2007 September 14. 2007 September 6, 2007 September 29,2007" 2..02 DIVISION 9 - FINISHES A. Section 09905 - Painting and Protection Coatings 1.. To Article 09905,3, lA" delete the following in its entirety: "1.. Cast iron (sluice gate) " 2..03 DIVISION 15 - MECHANICAL A. Section 15116 - Sluice Gate Repair and Rehabilitation 1 . 10 Article 15116.. L LA.1 C, delete the word "repair" fiom the sentence, 2 Delete AItic1e 15116..1..1 Al.,d in its entirety.. 3.. To Article 15116..1..3 A2. and 4, delete the word "repair" and replace with "rehabilitation." 4. To Atticle 15116 J ..3 A.., add Article L3AS, to read: "5 . Rehabilitation shall be considered to mean modification of existing gate seats and operating mechanism to enable operation ohhe gates through their full range of open-close operation.." 5.. I 0 Article 15116.2..1..E., delete the word "repair" from the article title.. 6.. To Article 15116..2..LE..2, delete the word "repair" from the article END OF ADDENDUM 07/12/07 Page 2 City of Bozeman WRF Early Out Improvements Project Addendum No 1 . . . CITY OF BOZEMAN BOZEMAN EARl Y OUI PRo./EO PLAN HOLDERS LIST Planholder/ Contact Person UPDATE: July 11,2007 Planholder Category ] City of Bozeman 6/28/07 Ovvner Bob MUIIay 20 East Olive Street Bozeman, MT 2 HDR Engineering 6/28/07 Engineer 1715 South Reserve Street Missoula, MT 5980 I 406-532-2200 406-541-813] - fax 3 HDR Engineering 6/28/07 Engineer 2913 Millennium Circle Billings, MT 4 Morrison Maier'le 6/28/07 Engineer 910 Helena A venue Helena, MT 5 Morrison Maierle 6/28/07 Engineer 2020 Grand Avenue Billings, MI ri Morrison Maier'le 6/28/07 Engineer 901 Technology Blvd Bozeman, MT 7 Morrison Maierlc 6/28/07 Engineer 1228 Whitefish Stage. Unit 3A Kalispell, MT 8 Morrison Maierlc 6/28/07 Engineer 30 II Palme! Missoula M T 9 Gr'eat Falls Builders Exchange 6/28/07 Plan Center 1625 3rd Avenue North Great Falls MI 59401 406-453-2513 406-72 7-5997 - fax 10 Billings Builders Exchange 6/28/07 Plan Center 2050 Broadwater Ave, Ste A Billings, MI 59102 406-652-131 ] 406-652-1391 ( fax) 11 McGraw-Hili 6/28/07 Plan Center Constr'uction/Dodge Plan Center 4082 Chinden Blvd Boise, Idaho 83714 12 Missoula Plans Exchange 6/28/07 Plan Center Jennifer Fox 201 North Russell Missoula, MI 5980 J (406) 549~SOO2 (406) 721-2l)41 (fax) P:\Water\11206 Bozeman\527 1 3 Boz Early Out\8 0 Construction_Equipment Contracts\Early Out Plan Holders ListDOC . . . CITY OF BOZEMAN BOZEMAN EARL.Y OUI PROJECT PLAN HOLDERS LISI Planholder/ Contact Person UPDA TE: July iI, 2007 Planholder Category 13 NW Montana Plans Exchange 6/28/07 Plan Center Gail Nickerson 2303 Highway 2 East Kalispell, MT 59901 (406) 755.5888 (406) 755.5896 (fax) 14 Montana Contractor's 6/28/07 P Ian Center Association DeDee Johnson 1717 11\1. Avenue Helena, MT 59601 (406) 442.4162 (406)449-3199 (fax) 15 Montana DEQ 6/28/07 Agency Paul LaVigne 16 Montana DEQ 6/28/07 Agency Paul LaVigne 17 DLM Contf'8cting 40 Spanish Peak D! # 1 02 Bozeman, MT 59718 (406) 586.2881 (406) 586.2868 (fax) 18 Williams PlumbinglHeating General 213 I Industrial Dr POBox 10 Bozeman, MI 59771 (406) 587-0969 (406) 587-0519 (fax) 19 Bozeman Builders Exchange Plan Center 1105 Reeves Rd W Ste 800 Bozeman, MT 59718 (406)586-7653 (406) 586-4062 (fax) 20 Dick Anderson General 705 Bridge! Bozeman, MT 59715 (406) 579-4006 (406) 522~5429 (fax) 21 T &L Painting, lne Sub 509 Colorado Ave NW Great f<alls, MT 59404 (406) 771~7919 (406) 454-0567 (fax) 22 23 24 25 26 27 28 29 P:\Water\11206 Bozeman\52713 Boz. Early Out\S 0 Construction_Equipment Connacts\Early Out Plan Holders 2 List DOC . . . UPDATE; lu(y 11,2007 CITY OF BOZEMAN BOZEMAN EARLY OUT PRO/Eel PLANHOLDERS LIST Plan holder/ Contact Per-son Document Planholder Sent Category 30 31 32 33 P:\Water\11206 Bozeman\52713 Boz Eroly Out\8,0 Construction_Equipment Contl'acts\Early Out Plan Holders 3 listDOC . . . , CITY OF BOZEMAN, MONTANA WRF EARLY OU IMPROVEMENTS PROJECT JULY 9, 2007 1 :00 PM PRE-BID CONFERENCE AGENDA 1. INTRODUCTIONS: 2.. BID OPENING DATE AND TIME: . Bids Received no later than 2:00 P.M, MST, July '18, 2007. . Bids Opened 2:00 P,M (or shortly thereafter), July 18,2007, and read aloud at the City Clerk's Office, 411 E Main Street, Bozeman, Montana. 3" PROJECT OVERVIEW: . OWNER . F!Jnding Sources (City Cash Reserves) . Contract documents available from MMI Bozeman office - Contact James Nickelson, 901 Technology Blvd" Bozeman, MT 59771, #(406)-587-0721, $60 non-refundable fee per set . Contract sets available for review at City, MMI, HDR and identified Plan Centers.. 4. BID PROPOSAL: (See specification sections 00020, 00100 for instructions.) . Use forms in Contract Manual" )- Bid Form - Additional forms available from MMI.. See specification section 00301, )> General Bidder Information - Montana State License and Registration Required, )- Bid Bond (Security), )- Turn in entire bound Contract Manual.. See Section 00100, Article 13 . Subcontractor/Supplier Listing- See Section 00480 - Information Required of Biddrs on Bid Forms" . Wage Rates - See specification section 00830. . Gross Receipts Tax - 1 % to be withheld from contract for payment to Montana Board of Equalization.. (On Bid Form)" . Four (4) Bid Items, Basis of Contract Award is total of all Bid Items (Items 1 through 4) 5. LABOR STANDARDS- This project has State rules, laws, etc., that apply. (Refer to Section 00100, Article 23 and Secti<?n 00830),. 6, PAY REQUESTS 8" Takes time, allow approximately 21.30 days See Section 00810, Articles SC- 14..02 and SC-14,07. b, Need five (5) signed originals-2 for engineer and 2 for City (file & field), one (1) for Contractor 7. KEY CONTRACT DOCUMENTS: . General Conditions, EJCDC 2002 version - See Section 00700 City of Bozeman WRF Early-out Improvements Project Pre-bid Meeting 1 of 2 7/9/2007 . . . · Supplementary Conditions - See specification section 00810 8 SUBSURFACE INVESTIGATION AND PHYSICAL CONDIT-IONS: · No soils investigation needed, · As~built drawings available g, SCOPE OF WORK/DESCRIPTION OF FACILITIES: . See specification section 01010 - Work elements, sequencing and time constraints, · Four (4) separate Bid Items, · Sluice Gate rehabilitation . Basin Mixer Installation · Secondary Clarifier inlet diffusion well modifications · General Conditions bid Item No 4, · Aeration cell dewatering and cleanup" . Owner Furnished Equipment - See Section 01011, 10_ PERMITS & FEES: . Permits contactor's responsibility 11 UTILITY COORDINATION: . No initial coordination with Utilities required City contractor to perform electrical installation 12 TIME OF COMPLETION: · See specification Section 00500 - Agreement, Article 4. . Bid Items 1 & 2 in~basin work, requiring basin removal from service ~ completion: August 22, 2007 - based upon August 1, 2007 notice to proceed . Remaining work associated with Bid Items 1,2 & 3 - completion: August 27\ 2007 - based upon August 1, 2007 notice to proceed . Bid Item 4 substantial completion: September 30, 2007 - based upon August 1, 2007 notice to proceed, . Liquidated Damages: $200/day. 13" STAGING AND STORAGE AREAS: . Parking.. · Access/egress . Storage 14 MISCELLANEOUS ITEMS: . 7. 15., TOUR OF PROJECT SITE: City of Bozeman WRF Early-out Improvements Project Pre-bid Meeting 2 of 2 7/9/2007 . . . CITY OF BOZEMAN, MONTANA WRF EARLY OUT iMPROVEMENTS PROJECT JULY 9, 2007 1 :00 PM PRE-BID CONFERENCE ATTENDANCE LIST Name Representing Phone and/or emaH HDR Engineering 406-532-2207 Dan Harmon Dan.harmon(ci:!hdrinc.com 406-586-2881 Dan Hyer DLM Contracting dlm(ci:!montanadsl.net 406-586-0889 Tim Tholt Dick Anderson Timt@daconstruction.com _..~--" .. 406-586-9159 T om Adams City of Bozeman tadams@bozeman.net . . . CONTRACT MANUAL BOZEMAN WRF PHASE 1 EARLY OUT IMPROVEMENTS CITY OF BOZEMAN, MONTANA t hereby certify that the Project Plans and Specifications in the Contract Documents were prepared by me or under my direct supervision and that I am a duly registered Engineer under the laws of the State of Montana. .:t --, HDR ENGINEERING, INC. 1715 S. Reserve St., Suite C Missoula, MT 59801 (406) 532-2200 Phone (406) 541-8131 Fax . . . CITY OF BOZEMAN, MT WATER RECLAMATION FACILITY PHASE 1 EARLY OUT IMPROVEMENTS LIST OF SPECIFICATIONS DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT INVITATION TO BID INSTRUCTIONS TO BIDDERS NOTICE OF AWARD NOTICE TO PROCEED BID FORM BID BOND NON-COLLUSION AFFIDAVIT INFORMATION REQUIRED OF BIDDERS CONSTUCTION AGREEMENT PERFORMANCE BOND PAYMENT BOND GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF THE RESIDENT PROJECT REPRESENTATIVE FEDERAL PREVAILING WAGE RATE DETERMINATION (DAVIS BACON RATES FOR PUBLIC WORKS CONTRACTS IN MONTANA) 00020 00100 00130 00140 00301 00410 00460 00480 00500 00610 00620 00700 00810 00821 00830 MISCELLANEOUS FORMS REQUEST FOR INFORMATION CHANGE PROPOSAL REQUEST CHANGE ORDER FIELD ORDER WORK CHANGE DIRECTIVE ORDER TO CONTRACTOR TO SUSPEND WORK ORDER TO CONTRACTOR TO RESUME WORK APPLICATION AND CERTIFICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION CONTRACTORS CERTIFICATE AND RELEASE SHOP DRAWING TRANSMITTAL O&M MANUAL TRANSMITTAL DEACTIVATION REQUEST EQUIPMENT RECORD SHEET ADDITIONAL TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01011 OWNER FURNISHED EQUIPMENT 01035 ENVIRONMENTAL HAZARD INFORMATION 01060 SPECIAL CONDITIONS 01150 MEASUREMENT AND PAYMENT 01340 SUBMITTALS 01370 SCHEDULE OF VALUES 01400 QUALITY CONTROL 01600 PRODUCT DELIVERY STORAGE AND HANDLING 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements TQC- 1 6/6/2007 01640 01700 01710 PRODUCT SUBSTITUTIONS CONTRACT CLOSEOUT CLEANING . DIVISION 2 - SITE WORK 02072 DEMOLITION, CUTTING AND PATCHING DIVISION 3 - CONCRETE (NOT USED) DIVISION 4 - MASONRY (NOT USED) DIVISION 5 - METALS 05505 METAL FABRICATIONS DIVISION 6 - WOOD AND PLASTIC (NOT USED) DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07900 JOINT SEALANTS DIVISION 8 - DOORS AND WINDOWS (NOT USED) DIVISION 9 - FINISHES 09905 PAINTING AND PROTECTIVE COATING DIVISION 10 - SPECIALTIES (NOT USED) DIVISION 11 - EQUIPMENT (NOT USED) . DIVISION 12 - FURNISHINGS (NOT USED) DIVISION 13 - SPECIAL CONSTRUCTION 13342 SECONDARY CLARIFIER MECHANISM IMPROVEMENTS DIVISION 14 - CONVEYING SYSTEMS (NOT USED DIVISION 15 - MECHANICAL 15116 SLUICE GATE REPAIR AND REHABILITATION DIVISION 16 - ELECTRICAL (NOT USED) DRAWINGS (ATTACHED) GENERAL 1 TITLE, LOCATION MAP AND DRAWING INDEX 2 STANDARD SYMBOLS AND ABBREVIATIONS 3 SITE LOCATION AND STAGING PLAN AERATION BASIN MODIFICATIONS 101 PLAN AND SECTIONS 102 SECTIONS AND DETAILS END OF SECTION . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements TOC.2 6/6f2007 . DIVISION 0 . BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTACT . . SECTION 00020 INVITATION TO BID Separate sealed bids for construction of the Bozeman Wastewater Treatment Plant Improvements will be received by City of Bozeman, Montana at the office of the City Clerk, 411 East Main Street, Bozeman, Montana 59715 until 2:00 PM local time on July 18, 2007, and then publicly opened and read aloud. The project generally consists of, but is not necessarily limited to, the following major items: Removal and rehabilitation of three (3) existing 3 FT x 4 FT manually operated sluice gates within the existing aeration basins; installation of four (4) new owner furnished submersible mixers (two each in Basin Cells NO.1 and No.2); and rehabilitation and modification of the existing clarifier center diffusion well direction baffles in Secondary Clarifier NO.4. This work includes the furnishing and installation of equipment, materials, and related appurtenances in the following general trade areas of work: demolition, piping, plumbing, roofing concrete, equipment installation, and other related trades to complete the work. The work will be completed under a single contract with OWNER'S Engineer completing all required electrical, instrumentation and controls modifications to the WRF SCADA system for implementing control strategy changes for the aeration blowers, basin aeration system and new owner provided basin mixers. The Contract Documents consisting of half size Drawings and Project Manual may be examined or obtained at the office of Morrison-Maierle, Inc., 901 Technology Blvd., P.O. Box 1113, Bozeman, MT 59771. Phone (406) 587-0721.Required deposit is $60.00 per set, which is non refundable, by regular mail or United Parcel Service (UPS). Payment of an additional $20.00 is required for express mail. Full size drawings may be purchased for an additional $60.00, non~refundable. In addition, the Drawings and Project Manual may also be examined at the following locations: . The City Engineer's Office at the City Office Building, 20 East Olive, Bozeman, Montana and the offices of the consulting engineer, HDR Engineering Inc., 1715 S. Reserve St., Suite C, Missoula, Montana; and 2913 Millennium Circle, Billings, Montana; Morrison-Maierle, Inc., at 910 Helena Avenue, Helena, Montana; 2020 Grand Avenue, Billings, Montana; 901 Technology Boulevard, Bozeman, Montana; 1228 Whitefish Stage Road, Unit 3A, Kalispell, Montana; 3011 Palmer, Missoula, Montana; or 1321 8th Avenue North, Suite 104, Great Falls, Montana; or at plan exchanges in Great Falls, Billings, Dodge-Sean-Boise, Kalispell, Missoula, Montana Contractors-Helena. There will be a Pre~Bid Conference at the Wastewater Treatment Plant at 255 Moss Bridge Road (near the North 19th Street interchange) at 1 :00 PM local time on July 9, 2007. Interested CONTRACTORS are encouraged to attend. A tour of the project site(s) will be conducted after the meeting. CONTRACTOR(s) and any of the CONTRACTOR's subcontractors bidding 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's are required to have registered with the DLI prior to bidding on this project. All laborers and mechanics employed by CONTRACTOR(s) or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the United States and the state of Montana in accordance with the schedule of Davis-Bacon prevailing wage rates established ' by the United States Department of Labor and/or the schedule of Montana Prevailing Wage Rates established by the Montana Department of Labor and Industry included in the Project Manual. 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 Construction Performance Bond and a Construction (Labor and Materials) Payment Bond, each in the amount of one hundred percent (100%) ofthe contract 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00020 - 1 6/26/2007 amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. The applicable goals and timetables for minority and female utilization shall be included in all Federal and Federally assisted construction contracts and subcontracts in excess of $10,000. The goals are applicable to the CONTRACTOR'S aggregate on-site construction work force, not merely that part of the work force that is performing work on a federal or federally assisted contract or subcontract. The appropriate goal is inserted in the blank in the Federal EPA Supplemental General Conditions. These goals are applicable to all of the CONTRACTOR'S construction work regardless of Federal participation performed in the covered area. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. 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 ninety (90) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City of Bozeman. The CONTRACTOR(s) is required to be an Equal Opportunity Employer. Brit Fontenot City Clerk City of Bozeman 411 East Main Bozeman, MT 59715 Publication Dates: July 1, 2007 July 8, 2007 00.. .52713-00123 6/26/2007 Bozeman WRF Phase I Early Out Priority Improvements 00020 - 2 . . . . . . SECTION 00100 INSTRUCTIONS TO BIDDERS , ," TABLE OF CONTENTS ARTICLE 1 - DEFINED TERMS..... ................................................... ............................................. 2 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS...................................................................... 2 ARTICLE 3 - QUALIFICATIONS OF BIDDERS............................................................................. 2 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SiTE....................................................................................................................... 3 ARTICLE 5 - PRE-BID CONFERENCE .........................................................................................5 ARTICLE 6 - SITE AND OTHER AREAS....................................................................................... 5 ARTICLE 7 - INTERPRETATIONS AND ADDENDA.................................................................... 5 ARTICLE 9 - CONTRACT TIMES ............................. ......................................... ............................ 6 ARTICLE 10 - UQUIDA TED DAMAGES, ....................................................................................... 6 ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS .........~.................................................... 6 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS ............................................ 6 ARTICLE 13 - PREPARATION OF BID ......................................................................................... 6 ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS.............................................................. 7 ARTICLE 15 - SUBMITTAL OF BID................................ .......................... ..................................... 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID...................................................... 9 ARTICLE 17 - OPENING OF BIDS ................................................................................................ 9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE:................................................ 9 ARTICLE 19 - AWARD OF CONTRACT ....................................................................................... 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE ....................................................... 10 ARTICLE 21 - SIGNING OF AGREEMENT ................................................................................. 10 ARTICLE 22 - MONTANA STATE LAWS AND REGULATIONS ................................................10 ARTICLE 23 - COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUI REMENTS........... ,.................................................................................... 10 ARTICLE 24 - PAYMENTS AND BIDDER BREAKDOWN OF BIDS .......................................... 11 ARTICLE 25 - NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION ..................... 11 ARTICLE 26 - NOTICE OF EXTENDED PAYMENT PROViSiON.............................................. 11 ARTICLE 27 - RET AINAGE......................................................................................................... 12 ARTICLE 28 - BOZEMAN BUSINESS LICENSE ....................................................................... 12 00...52713.00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00100. I 6/612007 SECTION 00100 INSTRUCTION TO BIDDERS ARTICLE 1 - DEFINED TERMS . 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder-The individual or entity who submits a Bid directly to OWNER. B. Issuing Office-The office identified in the Invitation to Bid from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder-- The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. The deposit will not be refunded. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS . 3.01 To demonstrate Bidder's qualifications to perform the Work, within five (5) days of OWNER's request, Bidder shall submit written evidence such as financial data, previous experience in performing comparable work, business and technical organization, present commitments, and such other data as may be called for below or in the Supplementary Conditions. A. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. No Bidder will be acceptable if he is engaged in any other work which impairs his ability of meeting all requirements herein stipulated. B. In determining the lowest responsible bid, the following elements will be considered; whether the Bidder involved: 1. maintains a permanent place of business; 2. has adequate plant and equipment to do the work properly and expeditiously; 3. has a suitable financial status to meet obligations incident to the work; and 4. has appropriate technical experience with at least 3 comparable projects involving rehabilitation or modifications of water andlor wastewater mechanical treatment plants in size ranging from 1 to 10 mgd. C. Each Bidder may be required to show that former work performed by him has been handled in such a manner that there are no just or proper claims pending against such work. No Bidder will be acceptable if he is engaged on any other work which impairs his ability to finance this contract. The Bidder shall demonstrate his ability by meeting all requirements herein stipulated, if asked for them. . 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 00100 - 2 6/6/2007 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE . 4.01 Subsurface and Physical Conditions A The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in the Supplementary Conditions will be made available by OWNER for examination by any Bidder at the Issuing Office on request. Those reports and drawings are not part ofthe Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions (if any). Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless expressly provided otherwise elsewhere. . 4.03 Responsibility for Adequacy of Data Furnished . A Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, Underground Facilities, and other physical conditions, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02,4.03, and 4.04 ofthe General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.04 Access to the Site A On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill and compact all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavations and utility locates. 4.05 Other Work at the Site . A Reference is made to Article 7 of the Supplementary Conditions or other sections of the Project Manual for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 00...52713-00123 Bozeman WRF Phase 1 Earty Out Priority Improvements 00100 - 3 6/6(2007 4.06 It is the responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; . 8. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; including but not limited to those general and local conditions affecting transportation, disposal, handling and storage facilities, availability of labor, water, power, roads, climactic conditions and seasons, physical conditions at the work Sites and project area as a whole, job site topography and ground conditions, equipment and facilities needed preliminary to and during work prosecution; C. Become familiar with and satisfy Bidder as to all Federal, State, and Local Laws and Regulations that may affect cost, progress, or performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions. E. Obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site, which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; . F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.07 Representation Made by Submitting a Bid A. The submission of a Bid will constitute an incontrovertible representation by Bidderthat Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and/or procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGI NEER written . notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents and any written resolutions are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 6/6/2007 00100 - 4 4.08 A. Reference is made to Division 1 - General Requirements, Section 01010 - Summary of Work, for the identification of the general nature of Work that is to be performed at the site by OWNER or others (such as utilities) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each BIDDER for examination access to or copies of Contract Documents (other than portions thereof related to price) for such Work. . ARTICLE 5 - PRE-BID CONFERENCE 5.01 A pre-Bid conference will be held at the time, date and place specified in the Invitation to Bid. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. 'Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 7 -INTERPRETATIONS AND ADDENDA . 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7.03 Any addenda issued during the time of bidding, or forming a part of the Contract Documents loaned to the Bidder for the preparation of his proposal, shall be covered in the Bid and shall be made a part of the Agreement. Receipt of each addendum shall be acknowledged in the Bid and on the Bid Form. Any Bid in which all issued addenda are not acknowledged will be considered incomplete and will not be read. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to OWNER in an amount of ten percent (10%) of Bidder's maximum Bid price and in the form of a cashier's check, certified check, bank money order, or bank draft, in any case drawn and issued by a national banking association located in Montana or by any banking corporation incorporated under the laws of Montana; or a Bid Bond on the form attached issued by a surety authorized to do business in Montana meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions. Bid Bonds shall be countersigned by a Resident Montana Agent. 8.02 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWN ER until the earlier of seven (7) days after the Effective Date of the Agreement or (91 ) days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. . 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award may be returned within seven days after the Bid opening. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 6/6f2007 00100 - 5 ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially . Completed and (b) also completed and ready for final payment are set forth in Section 00301 Bid Form and Section 00500 Construction Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in Section 00301 Bid Form and Section 00500 Construction Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraph 6.05 ofthe General Conditions and may be supplemented in the Supplementary Conditions or the General Requirements of the technical specifications. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS . 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within 7 days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualifications . for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture ofthe Bid Security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWN ER and ENGI N EER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER; however, the Bid must be made on the forms provided in this bound copy of the Project Manual. Bids shall be strictly in accordance with the prescribed form. Any modifications thereof or deviations therefrom may be considered as sufficient cause for rejection. Bids carrying riders or qualifications to the Bid being submitted may be rejected as irregular. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," No Change," or "Not Applicable" entered. 13.03 A Bid by a corporation must be executed in the corporate name by the president or a vice-president or other corporate officer who is authorized to bind the corporation accompanied by evidence of authority to 00... 52713~00123 Bozeman WRF Phase I Early Out Priority Improvements 6/612007 00100 - 6 . . . . sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership must be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The State of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a Joint Venture shall be executed by each Joint Venturer in the manner indicated on the Bid Form. The official address of the Joint Venture must be shown below the signature. 13.08 All signatures are to be in ink and names must be typed or printed in ink below the signatures. The title of the person(s) executing the Bid shall be clearly indicated beneath the signature(s). 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. A copy of all acknowledged Addenda shall be attached to the Bid Form. Bids in which all issued addenda are not acknowledged will be considered incomplete and will not be read. 13.10 The address and telephone number for communications regarding the Bid must be shown. 13.11 The Bid must contain evidence of Bidder's authority and qualification to do business in Montana. Bidder's current Montana state contractor registration number, shall be shown on the Bid Form. 13.12 The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these I nstruction to Bidders. 13.13 The Bid may not be considered unless all attached forms or certifications in this Project Manual are completed. Depending on federal assistance regulations, these may include, but are not limited to: Noncollusion Affidavit Certification of Nonsegregated Facilities 13.14 Alternate Bids will not be considered unless called for. 13.15 Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. 13.16 No Bidder may submit more than one Bid. Two Bids under different names will not be received from one firm or association. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Lump Sum A. Bidders shall submit a Bid on a lump sum basis for each item of Work listed in the Bid Schedule as provided in the Bid Form. The Bid will not be considered unless the Bid Form contains prices for all unit price and/or lump sum items, and alternates, as shown on the Bid Form. Bids and totals shall be shown legibly in their proper locations. The Total Amount of the Bid shall be legibly written and numerically presented in the proper places and the Bid Form shall be manually signed. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The low Bidder will be determined on the basis of the sum of the lowest total Lump Sum Bid Price. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00100 -7 6/6/2007 14.04 If any of the listed items of equipment to be selected by the Owner are obviously unbalanced and, in the Owner's judgment, not realistic prices for the particular equipment, the Owner may request additional information to substantiate the prices prior to determination of the low Bidder or may reject the Bid Proposal. 14.05 The right also is reserved for the Owner to negotiate with the responsible Bidder submitting the lowest . responsive bid in the event such lowest bid exceeds the amount budgeted for this contract. Such negotiations, if the Owner elects to negotiate rather than to reject all proposals, shall be directly between the Owner and such Bidder. The Owner and such Bidder shall review the Contract Documents, and the Owner may provide such additional information as it deems appropriate to provide. Such Bidder then may be invited by the Owner to submit a revised bid. The Bidder may elect not to submit a revised bid, and the Owner may reject any such revised bid. Such revised bid, if any, shall be submitted within thirty days from the date of the initial bid opening. ARTICLE 15 - SUBMITTAL OF BID 15.01 Each prospective Bidder is furnished one bound copy of the Bidding Documents with one copy ofthe Bid Form bound therein. The bound copy of the Bid Form is to be completed and submitted with the Bid Security and the following data. None ofthe Instructions to Bidders, Bid Form, Bond forms, Agreement, contract stipulations, or other specifications shall be removed from the bound copy of the Project Manual prior to submission of Bid. Entire bound Project Manual must be submitted with the Bid at the Bid Opening. Data to be submitted with the Bid includes: A. Copies of acknowledged Addendums B. Other data required by the Instructions to Bidders, Bid Form, Supplementary Conditions or Bidding Documents. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the . Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title, the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to: Honorable Mayor and City Commission Attention: City Clerk City of Bozeman Montana 411 East Main Street Bozeman, MT 59715 15.03 Other Bid submittal requirements: A. The Bid will not be considered unless accompanied by proper Bid Security in accordance with Article 8 of these Instruction to Bidders. B. Alternative Bids will not be considered unless called for. C. Bids by telephone, telegraph, fax or other telecommunication systems will not be considered. 15.04 The following items shall be completed as part of the Bid submittal: 1. Fill in all blanks on Project Manual Book cover. 2. Complete all required items in the Bid Form. . 3. Provide a completed Bid Bond form. 4. Provide a completed Noncollusion Affidavit. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00100 - 8 6/612007 5. Provide a completed Certification of Nonsegregated Facilities. . 6. Acknowledge and attach all Addendums. 15.05 Information Required of Bidders: The apparent low Bidder shall be required to submit certain information as requested in the Section 00480 titled "Information Required of Bidders." This information shall be submitted within five calendar days after the bid opening by the apparent low Bidder. Failure to comply with this requirement may render the Bid unresponsive and may result in the rejection of the Bid. Furthermore, failure of the low Bidder to provide this information shall be reason for the OWNER to make a claim against the bid security. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids, as called for in the Invitation to Bid. Requests for modification or withdrawal must be written and must be signed in the same manner and by the same person(s) who signed the Bid. 16.02 If, within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, if the Work is rebid or negotiated, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place set for the opening as indicated in the Invitation to Bid and, unless obviously non-responsive, will be read aloud publicly. An abstract of the amounts of the Bids will be made available to Bidders after the opening of Bids. . ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but OWNER may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any and/or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. OWNER also reserves the right to reject the Bid of any Bidder if OWNER believes it would not be in the best interest of the Project to make an award to that Bidder, whether because Bid is not responsive, or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by the OWNER. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of the Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. . 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 00100 - 9 6/6/2007 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWN ER will award the Contract to the responsible Bidder whose Bid . is in the best interests of the Project. Consideration factors will include conformance with all material terms and conditions of the Contract Documents, Bid price, and other appropriate factors. 19.07 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within ninety (90) days after the day of the Bid opening. 19.08 The OWNER reserves the right to accept or reject the Bids, or portions of Bids if denoted in the Bid as separate schedules, and to award more than one Bid or schedule for the same Bid if any of the aforementioned combination of Bids or schedules will be in the best interest of the OWNER. 19.09 The OWNER reserves the right to cancel the award of any Agreement at any time before the complete execution of said Agreement by all parties without any liability against the OWNER. 19.10 If, at the time this Contract is to be awarded, the total of the lowest acceptable Bid Proposal exceeds the funds then estimated by the Owner as available, the Owner may reject all Bid Proposals or take such other action as best serves the Owner's interests. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Performance Bond, Payment Bond, and insurance. When the successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds and insurance certificates. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within fifteen (15) days thereafter, OWNER shall deliver one fully signed counterparts to Successful Bidder . ARTICLE 22 ~ MONTANA STATE LAWS AND REGULATIONS 22.01 All applicable laws, ordinances and the rules and regulations of authorities having jurisdiction over construction of the project shall apply to the Contract throughout. State laws and ordinances which the CONTRACTOR must comply with, include but are not limited to, those involving workmen's compensation insurance, contractor registration, and gross receipts tax. 22.02 . MONTANA CONTRACTOR REGISTRATION REQUIREMENT. Title 39, Chapter 9, Part 2, MCAfor registration of CONTRACTORS with the Montana Department of Labor and Industry. No bids will be considered that do not carry the Bidder's Montana Contractor's Registration Number on the bid form and also on the envelope containing the Bid. Information pertaining to this requirement and registration forms may be obtained from the Montana Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011 or by calling 1-406-444-7734. 22.03 ADDITIONAL CONTRACTOR LICENSE FEE (MONTANA CONTRACTORS GROSS RECEIPTS TAX). In accordance with Title 15, Chapter 50, MCA, the OWNER shall withhold, in addition to other amounts withheld as provided by law or specified herein, 1 percent (1 %) of all payments due the CONTRACTOR and shall transmit such moneys to the Montana Department of Revenue. ARTICLE 23 - COMPLIANCE WITH LABOR STANDARDS AND WAGE RATE REQUIREMENTS . 23.01 The work under all Schedules of this Contract is to be paid for in part by state and/or federal grant and/or loan funds; therefore, minimum prevailing wage rates published by the Montana Department of Labor and Industry are appended. The OWNER does not guarantee that labor can be procured for the minimum 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 6/6/2007 00100 - 10 . . . wages shown on the referenced schedules. The rates of wages listed are minimum only, below which the CONTRACTOR cannot pay, and they do not constitute a representation that labor can be procured for the minimum listed. 23.02 The minimum wages included in the Project Manual are not controlling except as to the minimum for the purpose of Montana State Law or the Davis-Bacon Act; therefore, it is incumbent upon each employer to pay the standard prevailino rate of wages includino frinoe benefits for health and welfare and pension contributions. and travel allowance provisions in effect and applicable to the county or localitv in which the work is being performed. Should the prevailing rate of wages change during the life of the contract, the CONTRACTOR and/or each employer shall adjust the wages paid to conform to said change in the prevailing rate of wages as prescribed in Section 18-2-401 through 18-2-432 MCA. The CONTRACTOR and all subcontractors are directed to the Montana Commissioner of Labor for information on the standard prevailing rate of wages applicable to this contract within this project area. 23.03 "Standard Prevailing Rate of Wages" is defined by Section 18-2-401 MCA, as including wages, fringe benefits for health and welfare and pension contributions and travel allowance which are paid in the county or locality by other contractors for work of a similar character performed in that county or locality by each craft, classification or type of worker needed to complete a contract. 23.04 Any infraction of the Laws of the State of Montana covering Labor, Title 39, Chapters 1 through 73, MCA will be forwarded to the State of Montana Department of Labor and Industry. 23.05 "Travel Allowance", in effect at the time of contract award, and according to latest information received by the State of Montana Department of Labor and Industry, Labor Standards Division, shall be adhered to where applicable. 23.06 Travel allowance if applicable, mayor may not be all inclusive of "travel" and/or subsistence and travel time due employees. It is incumbent on the employer to determine the amounts due for each craft employed according to the method of computation outlined for each craft where applicable. 23.07 To comply with Montana Law Section 18-2-401 thru 18-2-432 MCA, the Contractor shall post in a prominent and accessible site on the project work area, not later than the first day of work, a legible statement of all wages to be paid to the employees employed on the project. ARTICLE 24 - PAYMENTS AND BIDDER BREAKDOWN OF BIDS 24.01 Payment for all work performed under this Agreement will be made by the OWNER within the time period specified in and in accordance with the procedures outlined in the General Conditions. Payments made after the time limit will be subject to interest at the rate specified in the Agreement. When the work extends beyond thirty (30) days, progress payments will be made monthly for any work accomplished during the preceding month, but subject to retainage as specified elsewhere. 24.02 For the sole purpose offacilitating monthly progress payments, a breakdown oftotallump sum bids is to be submitted in the Bid Form within 3 working days after the Bid Opening as shown on the Bid Sheet Schedule. The price breakdown shall be fairly apportioned to the various parts of the work and shall meet with the ENGINEER's approval. If so requested by the ENGINEER, the CONTRACTOR shall substantiate any price or prices with additional detail price breakdown or other information as requested by the ENGINEER. ARTICLE 25 - NOTICE OF APPROVAL OF PAYMENT REQUEST PROVISION 25.01 These Contract Documents and this Contract allows the OWNER to review and approve each CONTRACTOR's periodic payment request within 30 days after the request is received by the OWNER. ARTICLE 26 - NOTICE OF EXTENDED PAYMENT PROVISION 26.01 These Contract Documents and this Contract allow the OWNER to make periodic payments within 21 days after the OWNER's approval of each periodic payment request. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00100-11 6/612007 ARTICLE 27 - RETAINAGE 27.1 Provisions concerning CONTRACTOR's rights to deposit securities in lieu of retainage are set forth in . the Agreement. ARTICLE 28 - BOZEMAN BUSINESS LICENSE 28.01 CONTRACTOR and all subcontractors will be required to obtain a current City of Bozeman Business License prior to award of the Contract. The City Business License is not required for bidding. The license(s) may be obtained from the City of Bozeman. Information on requirements and cost of the license may be obtained by calling 406-582-2300. Applications may be obtained at City Hall, 411 East Main Street END OF SECTION . . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00100 - 12 6/6/2007 . . . NOTICE OF AWARD Dated~ q. 2007 Project: Bozeman WRF Phase 1 Early Out 1m rovements Contract: Phase 1 Early Out Improvements Owne~s Contract No.: Owner City of Bozeman Engineer's Project No. 00.. .52713 Bidder: Dick Anderson, Construction, Inc. Bidde~s Address: (send Certified Mall, Return Receipt Requested) Dick Anderson Construction, Inc. 705 Bridger Drive, Suite A Bozeman, MT 59715 You are notified that your Bid dated Julv 18. 2007 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for: Total work. Bid Items NO.1 throuClh No.4. The Contract Price of your Contract is: Fortv nine thousand seven hundred ninety four and 0.01/100 Dollars ($49.794.01 ). Ten (10) copies of each of the proposed Contract Documents (including drawings) accompany this Notice of Award. You must comply with the following conditions precedent within fifteen days of the date you receive this Notice of Award. 1. Deliver to the Owner five (5) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in Section 00100, Instructions to Bidders (Article 20), [and] General Conditions (Paragraph 2.01 and 5.01) [and Supplementary Conditions (Paragraph SC-2.01).] 3. Other conditions precedent: NA Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited. Within fifteen days after you comply with counterparts of the Contract Documents. will return to you two fully executed By: C hri & "" K.w.Jt-..Itdt:.,' - Authorized Signature L;"'-'- ~o..t1 Lr Title "\S ~ Copy to Engineer BOleman WRF Phase I Early Out Improvements I 7/23/2007 . . . SECTION 00140 NOTICE TO PROCEED Dated Project: Bozeman WRF Phase 1 Early Out Priority Improvements Contract: Owner's Contract No.: OWner: City of Bozeman Engineer's Project No.: 00...52713 Contractor: Contractor's Address: [send Certified Mail, Retum Receipt Requested] You are notified that the Contract Times under the above contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is~ , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is I and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01. B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must [add other requirements]: (Contractor) Received by: Owner Given by: Authorized Signature (Title) (Date) Title Date Copy to Engineer 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority hnprovements 00140 - 1 5/1412007 . . . SECTION 00301 BID FORM PROJECT IDENTIFICATION: BOZEMAN, MONTANA WATER RECLAMATION FACILITY (WRF) PHASE 1 EARLY OUT IMPROVEMENTS BOZEMAN, MONTANA CONTRACT IDENTIFICATION AND NUMBER: City of Bozeman Project No.' 00 52- -::;-1 ~ THIS BID IS SUBMITTED TO: HONORABLE MAYOR AND CITY COMMISSION ATTN: CITY CLERK CITY OF BOZEMAN, MONTANA 411 E. MAIN ST. BOZEMAN, MONTANA 59715 ARTICLE 1 - CONTRACT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents, to perform and furnish all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. Bidder will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. ARTICLE 2 - BID TO REMAIN OPEN 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitations those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for ninety (90) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. ARTICLE 3 - SUBMITTING THE BID 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date 01/ \ 2../ ZOo"1- B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 0030] - 1 6/6/2007 C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, or expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 3.02 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual, firm, or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 3.03 The Bidder certifies that no official of the OWNER, ENGINEER or any member of such official's immediate family, has direct or indirect interest in the pecuniary profits or Contracts of the Bidder. A. ARTICLE 4 - BID ITEM DESCRIPTION 00.. .52713-00123 This section, in general, describes the bid items included in the BID PROPOSAL. The description of Bid Items is provided for clarity purposes only. It is not intended to replace, supersede or preclude any information in the plans and specifications. Unless specified otherwise, all lump sum and unit price bid items will be paid as a percentage of actual work complete. Percent complete will be based on the schedule of values submitted by the Contractor and approved by the engineer. The schedule of values will break down the lump sum and unit price bid items into discrete work activities beyond the breakdown shown on the Bid Form. The schedule of values must be submitted and approved by the Bozeman WRF Phase 1 Early Out Priority Improvements 6/6/2007 00301.2 . . . . . . Engineer before the Contractor can request a payment for work under this Contract. Descriptions of the project Bid Items are provided below: BID ITEM NO.1: This unit price Bid Item includes removal, rehabilitation and re- installation of three (3) 4FT x 3FTsluice gates installed within the existing WRF aeration basins. The Bid. Item also includes protection of the existing aeration grid during the sluice gate rehabili~ation effort. Work on each sluice gate assembly will require isolation of the a.eration basin cells, two at a time, sequentially to enable access to the work area. The Owner shall drain the basin cells. It is the Contractor's responsibility to remove wash water. The wash water shall be disposed of properly through coordination with the Owner. BID ITEM NO.2: This unit price Bid Item includes provision and installation of four (4) new Owner provided aeration basin mixers in the existing WRF existing aeration basins. The mixers will be installed in Aeration Basin Cell Nos. 1 and 2, with two (2) each in each basin cell. The Bid Item includes installation of the Owner provided mixer assemblies and assorted lifting hoists. The associated electrical and controls will be installed by the OWner. BID ITEM NO.3; This unit price Bid Item includes modifications and improvements to the metal influent diffusion well baffle directional baffles for Secondary Clarifier No.4, including all required sandblasting, cleaning and re- coating of metal affected by the improvements. BID ITEM NO.4: This unit price Bid Item includes Contractor's mobilization/demobilization, taxes insurance, permits and all other work not specifically defined in the other Bid Items. B. CONTRACTOR TAKE NOTE: Please pay particular attention to the description of the basis for awarding the Contract. It is the intent of the Owner to award a Contract to the lowest responsive, responsible bidder on the basis of the combined total of Bid Items No. 1, No.2, No.3, and No.4. Bidders must include lump sum and unit price bid prices for all Bid Items No. 1 through NO.4. Bids received that do not include pricing for all Bid Items will be considered non-responsive. C. All specific cash allowances are included in the Total Bid Item prices set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. D. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. The undersigned agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit Prices Bid as listed after extensions are checked and corrections made, if any, the Total Amount of Unit Prices Bid as corrected shall be used in awarding this Contract. E. The OWNER reserves the right to reject any or all bids. 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 0030] - 3 6/6/2007 BOZEMAN WASTEWATER TREATMENT PLANT IMPROVEMENTS BID PROPOSAL SHEET . The Bid for the following items shall be a lump sum bid for all construction work described in the Contract Documents. The bid price shall include all temporary or permanent equipment, materials, supplies, and labor necessary to construct the item in accordance with the Contract Documents. The total lump sum price shall be broken down into the following items for the purpose of progress payments and for the information of the OWNER. Attachment to #1 Bid Form 1. BID ITEMS: Bid Item No. Description Total Amount . 1 Sluice Gate Removal, Rehabilitation and Replacement Item No. Description Units Quantity Unit Cost Total Aeration Basin Dewatering 1.1 Coordination with LS 1 Owner, Wash Water Removal, Protection of $ ~\Ou .0(; $ ZJOG. Oc Aeration Grids Sluice Gate Removal, 1.2 Rehabilitation and Re- EA 3 installation $ CjLQl.Jit-.OO $ Z'1IO() \ .OC Sluice Gate Touch-up , 1.3 PaintinQ LS 1 $ (]-OO $ C.OC: Subtotal $ ,?Jl \{j I . OC Montana Gross Receipts Tax @ 1 % $ .5\\.0 I TOTAL BID ITEM NO.1 $ 3L Ll \ 2. ' 0 I . Bid Item No. Description Total Amount 2 Installation of Owner provided Basin Mixers and Associated Mounting, Rail & HoistEqui ment Description Aeration Basin Mixers and Associated Mounting, Rail and Hoist E ui ment Aeration Basin Mixer Commissioning, Training, and Acce tance T estin Units Quantity Unit Cost Total Item No. 2.1 EA 4 $ , 750. 00 $ . 2.2 LS 1 $ Lo50 .00 Subtotal Montana Gross Receipts Tax @ 1 % TOTAL BID ITEM No.2 00...52713-00123 Bozeman WRF Pha~e .1 Early Out Priority Improvements 00301 - 4 6/6/2007 . . . Bid Item No. Description Total Amount 3 Modifications and Improvements to Secondary Clarifier No.4 Mechanism Influent Diffusion Well Directional Baffles De~ri~on Un~ Demolition of existing diffusion well baffles Installation of new fabricated diffusion well baffles Diffusion well touchwup painting Item No. Quantity Unit Cost Total 3.1 EA 3 $ ltld.o, lJ 3.2 8 EA $ .60 3.3 LS $ lJ.Sb.OO Subtotal Montana Gross Receipts Tax @ 1 % TOTAL BID ITEM No.3 Bid Item Description Total Amount No. 4 General Conditions Item No. Description Units Quantity Unit Cost Total 4.1 Mobilization/De- LS 1 mobilization $ Dloo .00 $ YOO, 00. 4.2 General Requirements LS 1 $ \Jl 000. CO $ U 600. ()O 4.3 Permits LS 1 $ 0.6D $ 0.00 Subtotal $ La cIOD.OC Montana Gross Receipts Tax @ 1 % $ {j)Cj. 0 0 TOTAL BID ITEM No.4 $ (nqlQCl. DO 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 0030] - 5 6/612007 2. BID PROPOSAL SUMMARY (Summary of Bid Items) Bid Item No. Description Total Bid Item Price (Use Figures) . 1 Sluice Gate removal, rehabilitation and replacement $3\ [112-.01 (Use ~igureS) $ ,'J I T OlQ . !Dr.'\, (Use Figures) .. . 2 Installation of aeration Owner provided basin mixers and associated mounting, rail and hoist equipment 3 Modifications and improvements to Secondary Clarifier No. 4 mechanism influent diffusion well directional baffles $ ,Z::; I ~ OLo ' .7512:, (Use Figures) 4 General Conditions $ lo, q Loq , ()() (Use Figures) Total Contract Bid Price, including Montana Gross Receipts Tax and other state and local taxes (Items No.1 through No.4) $L1q\-=r9~.O! (Use Figures) Total Contract Bid Price, including Montana Gross Receipts Tax and other state and local taxes (Bid Items NO.1 through No.4) J-odv. n\Yl (, -t'I1{)1 ISClV\cJ SQ \/.11 Y\ v)llY'dl'Jicl \f)'l\1~ -rOtH' dol lars a.Y1C~ Qrll (1..QJt.:t. J (Use Words) BASIS OF AWARD The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner's sole and absolute judgment, will best serve the . interest of the Owner. The low Bidder will be determined on the basis of the lowest combined Total Bid Item Bid Prices of Bid Items No.1, No.2, No.3, and NO.4. ARTICLE 5 - CONTRACT TIME 5.01 The time of completion of the work is a basic consideration of the Contract. It will be necessary that the Bidder satisfy the Owner of his ability to complete the work within the stipulated time. 5.02 Bidder agrees that the work will be substantially completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the' number of calendar days indicated in the Constructions Agreement. ARTICLE 6 - LIQUIDATED DAMAGES 6.01 In the event the Bidder is awarded the Contract and shall fail to meet the Substantial and Final Completion time limits provided by the Contract Documents, liquidated damages shall be paid to the OWNER by the Bidder at the rate per calendar day stated in the Agreement plus engineering costs for all work awarded until all work shall be determined to meet the Substantial and Final Completion requirements of the Contract Documents. 6.02 The Bidder agrees to pay these liquidated damages for failure to complete the work within the specified contract time both for compensation to the OWNER for non-use of the completed work and for compensation to the OWNER for expenses incurred by the OWNER for unscheduled employment of the Engineer and/or Resident Observer during the contract time overrun. 6.03 The Bidder further agrees to pay liquidated damages for the unscheduled employment of the . Engineer, Resident Observer and supporting staff necessitated by the Bidder furnishing materials or 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 6/6/2007 00301 - 6 . . . equipment not in conformance with the Contract Documents resulting in any redesign work by the Engineer; or any reestablishment of survey lines or benchmarks destroyed by the Bidder's actions; or additional work required by the failure of the Contractor to maintain adequate record documents. 6.04 Construction observation time will be accrued at straight time up to 40 hours per week and 1.5 times over 40 hours per week or legal holidays. The Contractor shall provide a construction schedule per Section 01300, SUBMITTALS. If the Contractor intends to work double shifts, then two construction observers may be required. If two construction observers are on the job, then observation time will be accrued a~ttrai Ujme up to 40 hours per week per observer. ' V 6.05 Liql{ mages for the unscheduled employment of the Engineer, Resident Observer, and supporting .,' all be determined based on the following hourly rates: : :1-":., i...' " Straiqht Time Eng'iueer. $122.85/Hour Res'".laE!f1~bserver' , , $85.00/Hour survAllt:''i.:',, ". ' $122.85/Hour Ted?Gi ' " $88.00/Hour Clerical" , $50.00/Hour Overtime $150.00/Hour $127.50/hour $122.85/Hour $132.00/Hour $75.00/Hour 6.06 Out of pocket expenses for materials, equipment, supplies, transportation and subsistence for each construction inspector shall be billed at cost plus 10 percent. 6.07 Liquidated damages shall be deducted from monthly progress payments and the final payment as the damages are incurred. ARTICLE 7 - BID DOCUMENTS 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond Section 00410, or other form of Bid Security as identified in the Instructions to Bidders. B. Surety. If the Bidder is awarded a construction Contract on this Bid Form, the Surety who provides the Performance Bond and Payment Bond will be: :~~I~:~\~~ A%:~~~[\ Street City State whose address is ,t:)'1 Lj t6 Zip , N\I C. Non-Collusion Affidavit. D. Certification of Nonsegregated Facilities. E. Information Required of Bidders (tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid). ARTICLE 8 - MEANING OF TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 - BID REJECTION 9,01 The OWNER reserves the right to reject any or all bids. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00301-7 6/6/2007 ARTICLE 10 - BID SUBMISSION SUBMITTED on :-\u.. \\..\ \ 1) ,2007 \ Montana Contractor Registration No.~,~g I A . If Bidder is: '''"i~t ,'IN.' fl!: A Corporation ,'_ ~p \ ;- '-J :) ~ 1'-.. - /\ I () o-h/ :::- -~ '(.I ...:J:i>c~ ~ ~ Corporation Name: ! )\cL hYlCi('(<..{)n \-. rlYl~) f LACf2n,~c-IU:' ~g ~EAL) State of Incorporation: f\l\(\rrtOd'1 0,- ~ %'" ./!~ g Type (General Business, Professional, Service, Limited -:"'~,,;.14~911fI~'J;:':: /'1 12, "f/'I"II/:r"~ . .. . l--11\fl II i/li i . 1"1)'- Vi ~c" LI~~hty): \. );, ~0 "-LA ,~_. \ ~L;, \ /) (l'x') ) ~- ) /C' ~: / B1<- L- /'?/r '/-- ~ ~/:' f r-:--~ Y (Signature --attich evidence of authority to sign if not a Corporate officer) Name (typed or Rrinted): hJL~".-L~ bIt.-\, y'\ VSJ2.n Title: \1\ () ~(J,_s\("turcf ~. ~ Attest: /~?-z ~-----------~-- ,-" (SignatUfe-6rS~~~ry) { ~."" Business address: -=+-ns ~- \ c\ Q 1<. \( ~.' \ \;! J. :r"X}tJiYYlClY'1 [\10- 50/""-1- IS Phone No.: LJ6Lt ~ S?{U - o 'is t(9 (Corporate Seal) . Date of Qualification to do business in Montana is FAX No.:L.JllU- 5~tr 045,<';< 1~1-~ An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business address: Phone No.: FAX No.: A Partnership Name (typed or printed): Bozeman WRF Phase 1 Early Out Priority Improvements 00301 - 8 (SEAL) 6/6/2007 . By: 00...52713-00123 . . 11. . SECTION 00480 INFORMATION REQUIRED OF BIDDERS The Bidder shall furnish the following information as specified in Section 00100 Instructions To Bidders. Failure to do so may render the Bid unresponsive and may result in rejection of the Bid. Additional sheets as required may be attached. 1. CSI1R~~~{J~i:Ud7~ Tnc. 2. Contractor's telephone number: 4tJl1-J=~,'i<:lo - ny; 5<'9 3. "- IJr( i2SdJ I\~ 4. Name of Contractor=s representative who inspected the site: l\ YY\ \lr\n,-t- Date of Inspection: 0,':7! a 9 I 2...06"7 5. Name, address and telephone number of surety company and agent who will provide required bonds ~~i~~7>~~~ A~.~r~ I~: ~:irr0(VI (-_~~~l& _ _~ ~ 4:~-/~=-Y_'-! Attach a list of construction contracts completed by the Bidder during the last 10 years involving similar work and the amount of the Contract. The list shall include projects the Bidder is currently working on along with the names, addresses, and the telephone numbers of the project owner representative most familiar with the details of the project. State the approximate cost of each project along with the total amount of change orders as a percentage of the original bid price. 7. Bank reference. List the Bank name, Contact person, and telephone number: N\o~+~~~ YiJ..Q..~i ~n..V\ L ContacT : Dou.~,+;' .\~ v ~y\()---,: . _ _ - _ q ~ ~2l.1_ fo..x: LJO /J1- L/l.f1- 4 8. Have you ever failed to complete any work awarded to you? t\.\o If so, where and why?: 6. 9. Have you ever defaulted on a contract? No If so, where and why? I' 10. Have you ever had any project terminated by the Owner? l\.. \ (\ If so, where and why? Are you involved in any lawsuits or are any lawsuits pending at the present time? "i1" If yes, give the details: ~\Q~ ~...e Q.jf-ili.Vl ai 00..52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 00480 - I 5/22/2007 12. 13. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? ljJ>:'-> Na e of the Rropo~ed resident project superintendent: 0, Attach aresume of the proposed resident project superintendent including a list and description of all projects on which this individual has acted as project superintendent along with the name, address, and telephone number of each project owner representative most familiar with the details of the project and the capabilities of the proposed project superintendent 14. The Bidder shall list below the name, business address, and contractor=s license number, if any, of each subcontractor who will be working on this project along with the nature and value of work assigned to each subcontractor. No changes or substitutions will be allowed without written approval of the Owner. Name: Value: Name: Value: Name: Value: Name: Name: Name: Name: 00...52713-00123 Value: Value: Value: Value: Bozeman WRF Phase I Early Out Priority Improvements 00480 - 2 5122/2007 . . . . . . (Individual's signature) Name (typed or printed): Business address: Phone No.: FAX No.: A Joint Venture (Each Joint Venture must sign.) Joint Venturer Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Joint Venturer Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Address of Joint Venture for Receipt of Official Communication: Address: Phone No.: FAX No.: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) END OF SECTION OO...527l3-00123 B07.eman WRF Phase 1 Early Out Priority Improvements 00301 - 9 6/6/2007 . . . SECTION 00460 NONCOLLUSION AFFIDAVIT (TO BE EXECUTED AND PROVIDED WITH BID FORM) STATE OF MONTANA COUNTY OF Q(1 \ \0. --\l Vl ) SS \/R~ c-l~ ~~~~\ SQ VI ,(~~:~gO:~~~Yp~~~~r: ~:~~:~t~~~:.i~~~~~~ ~f \)\rL A<<\.~vSN\ ('(')(\'.-;--vu.CTtc'lVl I ---r31r. , the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said Bidder or any other Bidder, nor to fix any overhead, profit, or cost element of such bid price, nor of that of any other Bidder, nor to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true; and, further, that said Bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any other individual except to such person or persons as have a partnership or other financial interest with said Bidder in his 9.,~p.eFaL.busine~". I ./ (." );(, "f / Signed:t..--€.-..",;.;, L--r-!/~, :~-( Title: \}\(,.f' 1?L.Qe:;\c\~ \{\"t Subscribed and sworn to before me this l<A day of =r\A\..\\ ,2007. (SEAL) Notary Public ~/~~~ "- ~ \ ' ~~ Comrr(ISICJY1 E1?)\{~ \2-}olfl ~OJO 00,,52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 00460 - J 5/16/2007 . . . The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recital comprising this statement of Bidder's qualifications and other Information Required of Bidders. The undersigned further agrees that they will not bring suit in a court of law for any information that is furnished to Owner in good faith by said parties or persons responding to Owner's requests for information concerning Bidder's qualifications. Dated this \<61::U- day of -::-lLA \.~ ,2007. END OF SECTION 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00480 - 3 5/22/2007 SECTION 00500 CONSTRUCTION AGREEMENT . THIS AGREEMENT is dated as of the ~ day of in the year~ (effective date), by and between the City of Bozeman, Montana (hereinafter called OWNER) and Dick Anderson Construction. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described in the Invitation to Bid and is described in detail in the Contract Documents and the technical construction drawings. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as the Bozeman Water Reclamation Facility (WRF) Phase 1 Early Out Improvements. ARTICLE 3 - ENGINEER . 3.01 The Project has been designed by: HDR Engineering Inc. 1715 S. Reserve St., Suite C Missoula, MT 59801 Morrison-Maierle, Inc. 1 Engineering Place Helena, MT 59602 Morrison-Maierle, Inc. 901 Technology Blvd. Bozeman, MT 59771 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. B. The CONTRACTOR agrees to complete the work within the time(s) specified herein. 4.02 Days to Achieve Substantial Completion and Final Payment . A. It is assumed for all milestone dates noted below, the Contract Notice to Proceed will occur on or before August 1,2007. 1. The work associated with Bid Items No. 1 and No 2, that requires removal of the aeration basin cells from service for completion, will be completed and ready for basin partial utilization on or before August 22, 2007. It is assumed that the aeration basin mixers may be lowered into the basins while the basins are back in service without the need for removal of the basins from service once again. 2. The remaining work associated with Bid Items No.1, No.2, No. 3 and No.4, including Owner provided basin mixers installation, and Owner provided electrical, instrumentation and control, will be substantially completed and ready for aeration 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 8/8/2007 00500 - I . basin service on or before August 27,2007. The mounting, hoist and rail equipment shall be delivered to the project early, as identified in Section 01011, Owner Furnished Equipment, for installation by the Contractor. 3. The work associated with Bid Item NO.4 will be substantially completed on or before September 30,2007. 4. All work will be completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions within 145 calendar days after the date when the Contract time commences to run, as provided In paragraph 2.03 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.02 for Substantia'l Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $200 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. B. Liquidated damages for unscheduled employment of the ENGINEER shall be paid by the CONTRACTOR to the OWNER as specified in the Bid Form. . ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of Fortv nine thousand seven hundred ninetv four dollars and one cent ($49,794.01) based on the prices stipulated in the Bid Form and subject to adjustment as provided in the Contract Documents. A. As provided in paragraph 11.01 of the General Conditions, CONTRACTOR agrees that lump sum amount(s) constitute full payment for the work and that these lump sum amount(s) represent a true measure of the labor and materials required to perform the work, including all allowances for overhead, profit, taxes, bonds, insurance, and all other costs for each type and unit of work called for in these Contract Documents. B. As provided in paragraph 11.03 of the General Conditions, estimated unit price quantities used for bidding purposes are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions or other portions of the Contract Documents. . 6.02 Progress Payments; Retainage A. OWNER shall make progress payments in accordance with Article 14 of the General Conditions on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as 00.. .52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 00500 - 2 8/8/2007 . . . recommended by the ENGINEER once each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such progress payments will be measured by the schedule of values established in paragraph 2.05.A of the General Conditions or in the case of Unit Price Work based on the number of units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid Form for each bid item, or, in the event there is no schedule of values, as provided in the General Conditions: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of work completed but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, including but not limited to liquidated damages, in accordance with paragraph 14.02 of the General Conditions: a. The OWNER shall retain 5% of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. b. Retainage will be 5% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions). 2. Upon Substantial Completion and at the OWNER's discretion, the amount of retainage may be further reduced if requested by the CONTRACTOR. Reduction of retainage is at the sole discretion of the OWNER. OWNER is not obligated to reduce retainage. Amount of substantial completion payment will be reduced by such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and by 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. B. Lien releases shall be required for all project materials and equipment, from subcontractors and suppliers and any other related vendors and subcontractors before final payment is made to Contractor. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents (including all Addenda listed in Article 9) and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance or furnishing of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 00.. .52713-00123 8/8/2007 Bozeman WRF Phase 1 Early Out Priority Improvements 00500 - 3 . . . D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents to be employed by the CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 8, inclusive); 2. Performance Bond (pages 1 to 2, inclusive); 3. Payment Bond (pages 1 to 2, inclusive); 4. General Conditions (pages 1 to 44, inclusive); 5. Supplementary Conditions (pages 1 to 15, inclusive); 6. Specifications as listed in the Table of Contents of the Project Manual; 00" ,52713~00123 8/8/2007 Bozeman WRF Phase 1 Early Out Priority Improvements 00500 - 4 . 7. Drawings consisting of a cover sheet and sheets numbered 1 through 5 inclusive, with each sheet bearing the following general title: Water Reclamation Facility Phase 1 Early Out Improvements; (Note: Drawings are attached hereto); 8. Addenda (numbers 1 to , inclusive); 9. Exhibits to this Agreement (enumerated as follows): a. Notice of Award (pages 1 to 1 inclusive); b. CONTRACTOR's Bid Form (pages 1 to 9, inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ to _' inclusive); d. 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages 1 to 1, inclusive); b. Written Amendments; c. Work Change Directives; d. Change Orders. B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as . expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may come due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns . A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 00...527\3-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00500 - 5 8/8/2007 . . . 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken. and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR. who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions A. The CONTRACTOR agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this Agreement during the warranty period after the date of final acceptance of the work by the OWNER. and further agrees to indemnify and save the OWNER harmless from any costs encountered in remedying such defects. 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00500 - 6 8/8/2007 . . . IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed six copies of this Agreement. Two counterpart(s) have been delivered to OWNER. two to CONTRACTOR. one to ENGINEER, and one to the Montana Department of Environmental Quality. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on the date shown on page 1 (which is the Effective Date of the Agreement). [This Agreement shall not be effective unless and until concurred in by the FUNDING AGENCY's designated representative.] o~~~ r: rl..y <:I f bo 'c.:e.--."", I CONTRACTOR: ~~~S4~illin , ( ignature) AttestS ~ V (Signature) Address for giving notices: -=J-OS ~v'\do/v )')Y'Iv'.D C:Sw-+e A \,01"'/, \\\. .. ~ ........ " tJ6~~'o . ~q7'S ~/O ~.\~ Phone:" ': (') : : : :..: Facsimile;~.~ - 5W..J'~~ b ~ "o.~., '~'... ... ~ SEA~ "I \\'" ",,,,,,,,\\\ Montana Contractors' Registration No By: Attest Address for givi~Q notices: ~\\ E.\'1oiN ?D.~^ \d30 'Eo?QJm()f) . \fIT nq 7~ Ha3D 5~Q-~~{Qg Facsimile: 5S ~ - ~,'3 lo 9) Phone: [CORPORATE SEAL] Agent for service of process: The foregoing Contract, including all Contract Documents which are a part thereof, is in due form according to the law, and is hereby appr~oved. By: ~/, _ tJ~G/l . (Ignatu~)........ Attorney of the City of Bozeman, Montana (Owner) END OF SECTION 00...52713-00123 8/8/2007 Bozeman WRF Phase 1 Early Out Priority Improvements 00500 - 7 . o\\idlH.""lt, ",",~OO "'0. ", ~' ',~ ,'-" -A) If, .,,4."tJ. .,' ..."o,....,~..~ ,,'1"Jo " 0.., ::: oS, IlIf fJ',~; = ()~; JA3A ; = ::!:: G ~2 -0. '~~ \+", 8ft' ..,"Q,,,:: ""I "Ii:.' , ." '0' ~ . ..," 'J ., cat.. ,.. '., ...., " ", ~ ,: f " r 1 , ~ \ , , . . , .. 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) Continental Casualty Company CNA Center Chicago, IL 60685 CONTRACTOR (Name and Address): Dick Anderson Construction, Inc. 705 Bridger Drive, Suite A Bozeman, MT 59715 OWNER (Name and Address): City of Bozeman, Montana 411 East Main Street Bozeman, MT 59715 CONTRACT Date:~. \C\.aOO"1' Amount:FORTY-NINE THOUSAND SEVEN HUNDRED NINETY-FOUR AND NO/lOO ($49,794.01) Descriptions (Name and Location): Bozeman Water Reclamation Facility (WRF) Phase 1 Early Out Improvements Bozeman, Montana BOND Bond Number: 929416475 Date (Not earlier than Contract Date):'Se..P-\-.)C\ .<'SCOt!- Amount:FORTY-NINE THOUSAND SEVEN HUNDRED NINETY-FOUR AND NOIlOO ($49,794.01) 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: Dick Anderson Construction, . _ \ '"11, al) ...' al OA:''''", ,,' ~TI ........... .~ " Pres i dent !~~.-o..'O,,';,~~>::-==:. ~ ~ leJ (t\\~ :. = '<f SEAL ;n = -~. ....,- (Space is provided below for siQkes of additional/O ff parties, if required.) ~ 0...... "" .....~ ~ , ~-" ..' ... '... .... ........"'.. " ""'" ONT~ "", "'""',,,\ Signa e: Name and Title: Vice CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: (Seal) . SURETY Continental Casualty Company _~ (Seal) Surety's Name and Corporate Seal By: ~lt:fJ;</ uJ~ -- ---" Signatur~itle Beth A. Windom, Attorney-in-Fact (Attach Power of Attorn - Attest: Signature an COUNTERSIGNED: SURETY FLYNN INSURANCE AG~ ~dJJr (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title EJCDC 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 Institnte of Architects. . . . 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporatcd herein by reference. 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. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety at the addresses described in Paragraph 10 below, that Owner is considcring declaring a Contractor Default and has requested and attcmpted 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 3.2 The Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not bc declared earlier than twenty days after Contractor and Surety have received notice as provided in paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to: I. The Surety in accordance with the terms of the Contract; 2. Another contractor sclected 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 actions: 4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract, or 4.2 Undertakc to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain hids or negotiated proposals from qualified contractors acceptable to Owncr for a contract for performance and completion of the Contract, arrange for a contract to he 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 surcty equivalent to the Bonds issucd on the Contract, and pay to Owner thc amount of damagcs as described in paragraph 6 in excess of tI'e Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4 Waivc its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under thc circumstances; I. After investigation, determine thc amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liahility in whole or in part and notify Owner citing reasons therefor. 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 undcr this Bond, and Owner shall be entitlcd to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied Iiahility, in whole or in part, without further notice Owner shall be cntitled to enforce any remedy available to Owner. 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 ahove, thcn the responsibilities of Surety to Owner shall not be greater than those of Contractor under thc 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 defective 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 hy 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 tbe Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 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 equitahle, 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 prohibited by law, thc minimum period of limitation availahle to sureties as a defense in the jurisdiction of the suit shall he applicable. 10. Notice to Surety, Owner or Contractor sball 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 wid, said statutory or legal requirement shall be deemed deleted herefrom and provisinns conforming to such statutory or other legal 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. 12. Definitions. 12.1 Balance of me Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have heen made, including allowance to Contractor of any amounts received or to he received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of Contractor, which has neither heen 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 Contract or to perfonn 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 Owner's Representative (engineer or other party): . PAYMENT BOND Any singular reference to Contractor, Surety, Owner. or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Dick Anderson Construction, Inc. 705 Bridger Drive, Suite A Bozeman, MT 59715 OWNER (Name and Address): City of Bozeman, Montana 411 East Main Street Bozeman. MT 59715 SURETY (Name and Address of Principal Place of Business): Continental Casualty Company CNA Center Chicago, IL 60685 CONTRACT Date: Amount: FORTY -NINE THOUSAND SEVEN HUNDRED NlNETY.FOUR AND NOlI 00 ($49,794.0 I) Description (Name and Location): Bozeman Water Reclamation Facility (WRF) Phase I Early Out Improvements Bozeman, Montana BOND Bond Number: 929416475 Date (Not earlier than Contract Date): Cep\-.',\.~CO::}, Amount: FORTY-NINE THOUSAND SEVEN HUNDRED NINETY-FOUR AND NO/IOO ($49,794.01) Moditications to this Bond Form: None .urety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause is Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRlNCIP AL Company: Dick Anderso Signatu : Seal) Name and ,,\ ~ ........ ~ //// ~' ~....~POFt...~~,,-:. Vice presid~"'c.P "~"-:S)~ - . ,.' '. c::. ... ~~f SEAL ~~~ =c,)~ J-= (Space is provided bel<%~...s1natie~",'iilP~ditional parties, ifrequired.) I'l'l' 4" ....'-~........ ", "1, ONT""- \\" ""fI II 1\\\\' CONTRACTOR AS PRlNCIP AL Company: Signature: Name and Title: (Seal) . SURETY Continental Casualty Company (~eal) Surety's Name and Corporate Seal ~~aUrr~~ 1;J~m,y-rn:Facl . (Attach Power of Attorney) Attest: Signature SURETY (Seal) By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: 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. ,. 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 .e Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. 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. 4.2. Claimants who do not have a direct contract with Contractor: . 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Payor arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety . OR INFORMATION ONLY - Name, Address and Telephone rety Agency or Broker: Iynn Insurance Agency P.O. Box 711 Great Falls, MT 59403 (406) 453-1464 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 ohligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the 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 signarure page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the tenns "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 lahor, 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. Owner's Representative (engineer or other party): POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an "Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue ofthe .atures and seals herein affixed hereby make, constitute and appoint Mark S Nicholls, John D Leaf, Chris Jermunson, Michael E Depner, Billy J Bolt, Beth A Windom, Jenny Taub-Smith, Jamie M Roe, Kaye U Muzzana, Individually of Great Falls, MT, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 30th day of October, 2006. Continental Casualty Company National Fire Insurance Company of Hartford ^:fr- Company of Readiog, Peoosylvania Thomas P. Stillman Senior Vice President State of Illinois, County of Cook, ss: On this 30th day of October, 2006, before me personally came Thomas P. Stillman to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ....................... : 'OFFICIAl SEAL' : : MARIA M. MEDINA : . Not..-y Public. tt_ of...... . : My CaoJwnitoion bpAo 31,.". : ......................4 My Commission Expires March 15,2009 ~ 'nt. YN-~~ Maria M. Medina Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof S~e. In testimony whereof! have hereunto subscribed my name and affixed the seal ofthe said corporations this \ q day of tyr, ~1=--' Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania a~ Assistant Secretary Form F6853-fl/2001 Authorizing By-Laws and Resolutions ~ ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. . "Article IX-....,Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'~ day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This' Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI---Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in. fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach th. seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previousl given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'~ day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VII---Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors, the President of any Executive or Senior Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 171~ day of February, 1993. "RESOLVED:. That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February I_ 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any sucH power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it-f:i attached,. continue to be valid and binding on the Corporation." - - - . FLVNN 2445 S. Third Street W. Phone (406) 542-5126 Suite B Fax (406) 542-5647 P.O. Box 3868 Toll Free 1-888-922-3586 Missoula, MT 59806 www.flynninsurance.com . . . INSURANCE AGENCY FINANCIAL SERVICES - August 23, 2007 Morrison Maierle, Inc. Attn: James Nickelson 901 Technology Boulevard Bozeman, MT 59715 RE: Project: Article 5.03 B for Dick Anderson Construction, Inc. Bozeman Water Reclamation Facility Phase 1 Dear James: I am writing in regards to Article 5.03 B of the specifications. I have reviewed the insurance specifications but cannot certify that he contractor is providing the minimum insurance requirements as required by Article 5. What I can certify is the insurance provided meets the minimum required limits and provides for the auto, general liability, employers liability and umbrella coverage's as requested in the insurance provision. The coverage's are subject to all of the conditions, provisions, limitations and exclusions as outlined in the policy itself. Nothing in this letter is intended to either amend or alter the application of the policy itself. If you have any questions please do not hesitate to give me a call. Regards, ~~ Account Executive ~ ~~ed Choice" Great Falls Office: 100 Park Drive South, PO. Box 711, Great Falls, MT 59403, (406) 453-1464. Fax (406) 453-0073, Toll Free 1-800-823-3596 Billings Office: 1643 Lewis Ave., Suite 212, P.O. Box 21055, Billings, MT 59104, (406) 248-8763, Fax (406) 248-8791, Toll Free 1-800-823-3576 'ACORQM CERTIFICATE OF LIABILITY INSURANCE PRODUCER (406) 542-5126 Flynn Insurance Agency 2445 S. Third St. W. Suite B P.O. Box 3868 issoula, MT 59801 FAX (406)542-5647 DATE (MM/DD/YVYY) 08/22/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. URED INSURERS AFFORDING COVERAGE INSURERA National Fire Insurance Co of INSURERB: Continental Casualty Company INSURER C: Transporation Insurance CO INSURER D' INSURER E: NAIC# Dick Anderson Construction, Inc. 3424 Highway 12 East Helena, MT 59601 COVERAGES 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 DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIAlIlLITY G281227182 01/01/2007 01/01/2008 EACH OCCURRENCE $ I,OOO,OOU - DAMAGE TO RENTED 100,OOU X COMMERCIAL GENERAL LIABILITY $ - ~ CLAIMS MADE [K] OCCUR 5,OOU MED EXP (Anyone person) $ - A PERSONAL & ADV INJURY $ I,OOO,OOU - 2,000,OOU GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PF.:R: PRODUCTS - COM PlOP AGG $ 2,OOO,OOU I nPRO- n POLICY JECT LOC AUTOMOBILE LIABll.ITY U2081227196 01/01/2007 01/01/2008 COMBINED SINGLE LIMIT - (F.:a accident) $ I,OOO,OOU X ANY AUTO - X ALL OWNED AUTOS BODilY INJURY - $ X SCHEDULED AUTOS (Per person) B X HIRED AUTOS BODilY INJURY - (Per accident) $ X NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGF.: LIABILITY AUTO ONLY - EA ACCIDENT $ ==1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY U2081227201 01/01/2007 01/01/2008 EACH OCCURRENCE $ 8,000,000 :KJ OCCUR D CLAIMS MADE AGGREGATE $ 8,000,000 C $ - DEDUCTIBLE $ X RETENTION $ 10,OOC $ ~XX: G281227182 01/01/2007 01/01/2008 I ;"X~~T ~1,~" I IOJ~- EMPLOYERS' LIABILITY 1,000,000 A ANY PROPRIETORlPARTNERlEXECUTIVF.: E.L EACH ACCIDENT $ OFFICERlMF.:MSE:R EXCLUDED? F.:,L, DISEASE. EA EMPI.OYEe $ 1,000,000 ~~~MtS~r~6~~~6~S helow E,L, DISeASE: - POLICY LIMIT $ 2,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject: Bozeman Water Reclamation Facility Phase I Early Out Improvements ~ob Number: 2752 ~ertificate Holder is additional insured if required by written contract. ~*This certificate replaces and superceeds all previous certificates issued** CERTIFICATE HOLDER City of Bozeman Attn: Tom Adams 411 East Main Street Bozeman, MT 59715 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDE:R NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBI..IGATION OR I..IABII..ITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE Tom Sidor/ED rilF ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORTANT 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). 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). DISCLAIMER 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. ACORD 25 (2001/08) PRODUCER (406)542-5126 Flynn Insurance Agency 2445 S. Third St. W. Suite B P.O. Box 3868 issoula, MT 59801 FAX (406)542-5647 DATE (MMIDDIVYYY) 08/22/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORlt CERTIFICATE OF LIABILITY INSURANCE Dick Anderson Construction, Inc. 3424 Highway 12 East Helena, MT 59601 INSURERS AFFORDING COVERAGE INSURER A: National Fire Insurance Co of INSURERB: Continental Casualty Company INSURER c: Transporation Insurance CO INSURER D: INSURER E: NAIC# URED COVERAGES 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. I~~: ~~~~ TYPE OF INSURANCE POLICY NUMBER P~}+~Y EFFECTIVE PR~!f~Y EXPIRATION LIMITS GENERAL LIABILITY G281227182 01/01/2007 01/01/2008 EACH OCCURRENCE $ 1,000,000 X COMMERCIAl GENERAl liABiliTY DAMAGE TO RENTED $ 100,000 I ClAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000 A PERSONAl & ADV INJURY $ 1,000,000 - 2,000,000 GENERAl AGGREGATE $ - 2,000,000 GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ I nPRO. n POLICY JECT LOC AUTOMOBILE LIABILITY U2081227196 01/01/2007 01/01/2008 COMBINED SINGlE LIMIT - (Ea accident) $ 1,000,00(] X ANY AUTO X ALL OWNED AUTOS BODILY INJURY X (Per person) $ SCHEDULED AUTOS B X HIRED AUTOS BODILY INJURY X (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY U2081227201 01/01/2007 01/01/2008 EACH OCCURRENCE $ 8,000,000 ~ OCCUR o CLAIMS MADE AGGREGATE $ 8,000,000 C $ ~ DEDUCTIBlE $ X RETENTION $ 10,000 $ ~XXX: G281227182 01/01/2007 01/01/2008 I WC STATU. I IO,J~- EMPLOYERS' LIABILITY E,L. EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED" E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 2,000 000 SPECIAL PROVISIONS below OTHER ~ESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject: Bozeman Water Reclamation Facility Phase I Early Out Improvements ~ob Number: 2752 ertificate Holder is additional insured if required by written contract. >*This certificate replaces and superceeds all previous certificates issued** RT FICATE HOLDER Morrison Maierle. Inc. Attn: James Nickelson 901 Technology Blvd. Bozeman, MT 59718 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPfRATlON DATE THEREOF. THE ISSUING INSURER WfLL ENDEAVOR TO MAIL --.!L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Tom Sidor/ED !{/i ACORD 25 (2001/08) @ACORDCORPORATION 1988 IMPORT ANT 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). 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). DISCLAIMER 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. ACORD 25 (2001/08) ACORQM CERTIFICATE OF LIABILITY INSURANCE PRODUCER (406)542-5126 Flynn Insurance Agency 2445 S. Third St. W. Suite B P.O. Box 3868 issoula, MT 59801 RED FAX (406)542-5647 DATE (MMIDDIYYYY) 08/22/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# Dick Anderson Construction, 3424 Highway 12 East Helena, MT 59601 COVERAGES Inc. INSURER A: INSURER s: INSURER C' INSURER D' INSURER E. National Fire Insurance Co of Continental Casualty Company Transporation Insurance Co 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. I~f: ~~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg~!feY EXPIRATION LIMITS GENERAL LIABILITY G281227182 01/01/2007 01/01/2008 EACH OCCURRENCE $ 1,000,00C I-- X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00Cl cce,,"c,,c I-- tJ CLAIMS MADE m OCCUR 5,00Cl MED EXP (Any one person) $ I-- A PERSONAL & ADV INJURY $ 1,000,00C I-- 2,000,00C GENERAL AGGREGATE $ I-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS" COMP/QP AGG $ 2,000,00C n nPRO. n POLICY JECT LOC AUTOMOBILE LIABILITY U2081227196 01/01/2007 01/01/2008 COMBINED SINGLE LIMIT c-- $ X ANY AUTO (Ea accident) 1,000,00C X ALL OWNED AUTOS BODILY INJURY X (por person) $ SCHEDULED AUTOS B X HIRED AUTOS BODILY INJURY X (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONL Y . EA ACCIDENT $ ==l ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY U2081227201 01/01/2007 01/01/2008 EACH OCCURRENCE $ 8,000,000 }] OCCUR D CLAIMS MADE AGGREGATE $ 8,000,000 C $ - DEDUCTIBLE $ X RETENTION $ 10,00Cl $ ~XX; G281227182 01/01/2007 01/01/2008 I ,."X%~mWs I IOJ,tI- EMPLOYERS' LIABILITY 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes. describe under E.L. DISEASE - POLICY LIMIT $ 2,000,000 SPECIAL PROVISIONS below OTHER p~ESCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS roject: Bozeman Water Reclamation Facility Phase I Early Out Improvements Job Number: 2752 ertificate Holder is additional insured if required by written contract. ~*This certificate replaces and superceeds all previous certificates issued** CERTIFI ER HDR Engineering Attn: Daniel Harmon 1715 South Reserve Street Suite C Missoula, MT 59801-4708 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTIC!' SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Tom Sidor/ED .".~<: ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORTANT 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). 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). DISCLAIMER 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. ACORD 25 (2001/08) PRODUCER (406)542-5126 Flynn Insurance Agency 2445 S. Third St. W. Suite 8 P.O. Box 3868 issoula, MT 59801 City 0 Bozeman 411 East Main Street Bozeman, MT 59715 FAX (406)542-5647 DATE (MM/DD/YYYY) 08/23/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~ CORQM CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE INSURER A: CNA Insurance Companies INSURER 8: INSURER c: INSURER D: INSURER E. NAIC# COVERAGES 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 IN~: ~~~'~ TYPE OF INSURANCE POliCY NUMBER P~H~Y EFFECTIVE POliCY EXPIRATION liMITS GENERAl liABIliTY 807082209039 08/09/2007 08/09/2008 EACH OCCURRENCE $ 1,000,000 - DAMAGE TO RENTEO COMMERCIAl GENERAl liABiliTY $ N/A - :=J Cl;IMS MADE 0 OCCUR MED EXP (Anyone person) $ N/A - -_..~ A X Owners & Contracto PERSONAl & ADV INJURY $ N/~ GENERAl AGGREGATE $ 2,000,00ll GEN'l AGGREGATE liMIT APPliES PER: PRODUCTS - COMP/OP AGG $ N/A n nPRO. n POliCY JECT lOC AUTOMOBilE liABiliTY COMBINED SINGlE liMIT I--- (Ea accidonl) $ ANY AUTO I--- All OWNED AUTOS BODilY INJURY I--- (Por porson) $ SCHEDULED AUTOS I--- HIRED AUTOS BODilY INJURY I--- (per accidonl) $ NON-OWNED AUTOS I--- PROPERTY DAMAGE $ (Por accidonl) . GARAGE liABIliTY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONlY' AGG $ EXCESS/UMBRELLA LIABiliTY EACH OCCURRENCE $ :=J OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND L~~Jm,~;,I' IO~~- EMPLOYERS' LIABILITY $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? El. DISEASE. EA EMPlOYE~ $ ~~~~I~tS~~~V1s16'Ns below E.l. DISEASE. POliCY LIMIT $ OTHER p~ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS roject: Bozeman Waste Water Reclamation Facility (WRF) Phase 1 Early Out Improvements ~*This certificate replaces and superceeds all previous certificates issued** DER City of Bozeman 411 East Main Street Bozeman, MT 59715 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .....!L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBliGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE -bn5ii? Tom Sidor/ED ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORTANT 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). 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). DISCLAIMER 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. ACORD 25 (2001/08) PRODUCER (406) 542-5126 Flynn Insurance Agency 2445 S. Third St. W. Suite B P.O. Box 3868 .ssoula, MT 59801 RED Ci ty of Bozeman 411 East Main Street Bozeman, MT 59715 FAX (406)542-5647 DATE (MM/DDNYYY) 09/11/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACORQM CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE INSURER A: CNA Insurance Companies INSURER B: INSURER C: INSURER D: INSURER E. NAIC# COVERAGES 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 00'1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY I;XPIRATION LIMITS GI;NI;RAL LIABILITY B07082209039 08/09/2007 08/09/2008 EACH OCCURRENCE $ 1,000,OO( - COMMERCIAL GI"NERAL LIABILITY DAMAGE TO RENTI;:D $ N/,.l - ~ CLAIMS MADE [K] OCCUR MED EXP (Anyone person) $ N/,.l - A X Owners & Contracto PERSONAL & ADV INJURY $ N/,.l - GENI;:RAL AGGREGATE $ 2,000,00( - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. COMP/OP AGG $ N/,.l I nPRO. n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHE;DULI"D AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNE;D AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCl:SS/UMBRI"LLA LIABILITY EACH OCCURRENCE $ =:=J OCCUR o CLAIMS MADI" AGGRI"GATE $ $ ~ DEDUCTlBLI" $ RETl:NTION $ $ WORKl:RS COMPl:N$ATION AND I WC STATU-.I IOJt'- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE; E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE - I"A EMPLOYE;" $ ~~~~I~tS~~ci~~16'Ns below E.L. DISEASE - POLICY LIMIT $ OTHER ~ESCRIPTION OF OPl:RATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I $Pl:CIAL PROVISIONS roject: Bozeman Water Reclamation Facility Phase I Early Out Improvements pob Number: 2752 ertificate Holder is additional insured if required by written contract. CERTIFICATE HOLD R CAN TION HDR Engineering Attn: Daniel Harmon 1715 South Reserve Street Suite C Missoula, MT 59801-4708 SHOULD ANY OF THE ABOVl: DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL l:NDEAVOR TO MAIL .--!L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORlll:D REPRESENTATIVE -;;" ~ Tom Sidor/ED ACORD 25 (2001/08) @ACORDCORPORATION 1988 IMPORT ANT 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). 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). DISCLAIMER 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. ACORD 25 (2001/08) PRODUCER (406) 542-5126 Flynn Insurance Agency 2445 S. Third St. W. Suite B P.O. Box 3868 jssoula, MT 59801 City 0 Bozeman 411 East Main Street Bozeman, MT 59715 FAX (406)542-5647 DATE (MM/DDIVYVY) 09/11/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ACDBQM CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE INSURERA. CNA Insurance Companies INSURER B: INSURER C; INSURER 0; INSURER E: NAIC# COVERAGES 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 INW ~?~~ TYPI; OF INSURANCE POLICY NUMBI;R P.?k~~Y I;FFI;CTIVI; POLICY I;XPIRATION LIMITS GENERAL LIABILITY B07082209039 08/09/2007 08/09/2008 EACH OCCURRENCE $ 1,000,000 - DAMAGE TO RENTED N/A COMMERCIAL GENERAL LIABILITY $ I CLAIMS MADE [K] OCCUR MED EXP (Anyone person) $ N/A A X Owners & Contracto PERSONAL & ADV INJURY $ N/A - 2,000,000 GENERAL AGGREGATE $ f-- N/A GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ II nPRO. n POLICY JECT LOC AUTOMOBIL.E L.IABIL.ITY COMBINED SINGL.E L.IMIT '-- (Ea accident) $ ANY AUTO f--- ALL. OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODIL. Y INJURY - (Per accident) $ NON-OWNED AUTOS - PROPERTY DAMAGE $ (per accident) GARAGE L.IABtLlTY AUTO ONL. Y . EA ACCIDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY' AGG $ EXCESS/UMBREL.LA LlABIL.ITY EACH OCCURRENCE $ :=J OCCUR D CLAIMS MADE AGGREGATE $ $ ==i DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TWCSTATU- I I OJ.7- I;MPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER ~ESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS roject: Bozeman Water Reclamation Facility Phase I Early Out Improvements Dab Number: 2752 ertificate Holder is additional insured if required by written contract. Morrison Maierle, Inc. Attn: James Nickelson 901 Technology Blvd. Bozeman, MT 59718 SHOULD ANY OF THl:' ABOVI; DESCRIBED POLICII;S BI; CANCI;LLI;D BEFORE THI; I;XPIRATION DATE THI;REOF, THE ISSUING INSURI;R WILL I;NDI;AVOR TO MAIL ....iL DAYS WRITTl:'N NOTICI; TO THE CERTIFICATI; HOL.DI;R NAMED TO THE LI;FT, BUT FAIL.URI; TO MAIL SUCH NOTICE SHALL. IMPOSE NO OBLIGATION OR L.IABILITY OF ANY KIND UPON THE INSURl:'R, ITS AGI;NTS OR REPRl:'Sl:'NTATIVES. AUTHORIZI;D RI;PRESIONTATIVE -,;,,;;jp Tom Sidor/ED ACORD 25 (2001/08) @ACORDCORPORATION 1988 IMPORTANT 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). 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). DISCLAIMER 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. ACORD 25 (2001/08) . MONTANA INTERNATIONAL INSURANCE A Mernb&r of POy'tlQo Flnoru:iol Group Inc_ August 28, 2007 Mr. James Nickelson Morrison Maierle, Inc. 901 Technology Boulevard Bozeman, MT 59715 RE: Builders Risk Insurance- Bozeman Wastewater Treatment Plant Dear Mr. Nickelson: We are the agent for Dick Anderson Construction, Inc. providing the Builder's risk coverage for the Bozeman Wastewater Treatment Plant project that they are working on in conjunction with your firm. This letter is to fulfill requirement of the specifications . that the coverage provided meets your requirements. We have reviewed the requirements laid out in Article 5 as they apply to the builder's risk coverage, and have found that the coverage is in compliance with the requirements with the following exceptions: 1. Earthquake Coverage is limited to $l,OOO,OOO(Section 5.06 A.2). 2. Water Damage is limited to $1,000,000 (Section 5.06 A.2). 3. Materials in transit and in temporary locations are limited to $250,000 (Section 5.06 A.4.) 4. Soft Costs(Section 5.06 A.3.) are limited to $1,000,000 5. The policy includes testing, but excludes Electrical Currents. 6. There is an exclusion for Ordinance or Law(demolition occasioned by enforcement of laws and regulations). 7. The occupancy provision in the policy is limited to 60 days.(Section 5.06 A.5) Please let us know if you have any questions. Sincerely, ~ . ~ ..---? Z// . L 1 Downey Client ACC01.mt Manager . 3475 Monroe Avenue · PO Box 3089 · Butte, MT 59702"3089 . Phone 406.494.8000 . Fax 406.494]641 An Assurex Global Portner DIC DE DATE (MM/DDIYY) 09/10/ 0 7",U~ 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. ODUCER ' ~HONE .. AI ,No. Extli- ntana Interna 10na~ ~ns. Member of Payne Financial Group P.o. Box 3089 Butte, MT 59701-0638 COMPANY Cincinnati Insurance Company P.O. Box 145496 Cincinnati, OH 45250-5496 ACORDTM :EVIDENlCEOiE 'PRDPERTYIN:Sjlil:RIl"'CiE CODE: AGENCY ,,_. CUSTOMER ID #: ? () 7 R q INSURED Dick Anderson Construction, 3424 Highway 12 East Helena, MT 59601 ".-~?DE: EFFECTIVE DATE 01/01/07 EXPIRATION DATE Inc. LOAN NUMBER Builders POLICY NUMBER CAP5473733 01/01/08 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERlJ'",:II1lFORMA'TIOfll LOCATION/DESCRIPTION 255 Moss Bridge Road Bozeman, MT 59715 'Ct>VER4G'E:i~:i!iFCiRMArION COVERAGE/PERILS/FORMS BUILDERS RISK COVERAGE INFORMATION AMOUNT OF INSURANCE DEDUCTIBLE Open Reporting Coverage Any One Location: 20,000,000 ft Costs- orm#: MA229 $1,000,000 Edition Date: 06/01/99 1,000,000 2,500 Annual Audit Form#: MA461 Edition Date: 06/01/95 Builders' Risk Inland Marine Flood Endorsement 1,000,000 5,000 See Attached Covera e Info. RE'N1l4irltKS (Including'lllP,$claICondltiol"lE\) City of Bozeman, HDR Engineering (1715 S. Reserve, Suite C, Missoula MT, 59801), and Morrison Maierle, Inc (901 Technology Blvd, Bozeman MT, 59718) are listed as additional insured in regards to the Bozeman Wastewater Treatment plant project. CANCELLA'TION 'THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFEC'T FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 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. ADOI~IONALIN'TEREST NAME AND ADDRESS City of Bozeman 411 East Main Street ozeman, MT 59715 MORTGAGEE ~ADDITIONALINSURED LOSS PAYE!=___L_L__._._ LOAN # AUTHORIZED REPRESENTATIVE I ACORD?7(3/93)1of B:O 5 ~.1.IY~ Tit#" @:::~~lJRitll,GbRP,OR:ATION 199 COVERAGE/PERILS/FORMS COVERAGE :liN'l=il1lJRMATtON :(:C.QJ1'I~i.nuedlfr:(i)'~'!i~~SJe1,.) AMOUNT OF INSURANCE Form#: MA214 Edition Date: 06/01/95 uilders' Risk Inland Marine Ground Water Endorsement Form#: MA215 Edition Date: 06/01/95 Builders' Risk inland marine earthquake endorsement Form#: MA216 Edition Date: 06/01/95 Additional Insured- Builder's Risk Form#: IA4501 Edition Date: 11/01/S7 Special Earthquake Flood ClII'GEM27J3;(3193)2 of 2 50955 1,000,000 1,000,000 20,000,000 1,000,000 1,000,000 TIB DEDUCTIBLE 5,000 5,000 5,000 5,000 5,000 Client#: 4861 MTCONTRA ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 08/09/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Hoiness LaBar Insurance Member of Payne financial Group . Box 30638 illings, MT 59107-0638 Dick Anderson Construction, Inc 3424 Hwy 12 East Helena, MT 59601 INSURERS AFFORDING COVERAGE INSURER A_ ACE American Insurance CO. INSURER B: INSURER C; INSURER 0: INSURER 10: NAIC# INSURED COVERAGES 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 MAYBE 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 ~~~: POLICY NUMBER PDO~~~Y ~~rJ8m\E P~'aI~: t'i.X.rA,~~~N LIMITS LTR TYPE OF INSURANCE GENERAL LIASILITY EACH OCCURRENCE $ I---- DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $ I---- ~ CLAIMS MADE D OCCUR MED EXP (Anyone person) $ I---- PERSONAL & ADV INJURY $ I---- GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ II n PRO- -'n POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (lOa accident) f-- ALL OWNED AUTOS BODILY INJURY I---- (Per person) $ SCHEDULED AUTOS I---- HIRED AUTOS BODILY INJURY I---- (Per accident) $ f-- NON.OWNED AUTOS PROPERTY DAMAGE $ (Per accidsnl) RAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN lOA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 1 ,:~~J;~J.~~l 10J~- EMPLOYERS' LIABILITY EL EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMSER EXCLUDED? E.L. DISEASE - lOA EMPLOYEE $ If yes. describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below A OTHER Workers Comp WCUC44638769 01/01/07 01101108 Coverage A - Statutory Employers Liabllity-N.IL DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Subject to the terms and conditions of the policy as issued by the Insurance Company. SIR for Work Comp $750,000 each accident. Covers Montana State Resident Employees. All claims are administered by the Montana Contractor Compensation Fund. JOB: Bozeman Water Reclamation Facility Phase 1 Early Out Improvements CERTIFICATE HOLDER CANCELLATION City of Bozeman AUn: Tom Adams 411 E. Main Street Bozeman, MT 59715 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --1iO..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE " ACORD 25 (2001/08) 1 of 2 . #S295720/M263574 VE1 @ ACORD CORPORATION 1988 IMPORTANT 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). 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). DISCLAIMER 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. ACORD 25-5 (2001/08) 2 of 2 #S295720/M263574 Client#: 4861 MTCONTRA ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDfYYVY) 08/09/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Hoiness LaBar Insurance Member of Payne Financial Group . Box 30638 iIIings, MT 59107-0638 Dick Anderson Construction, Inc 3424 Hwy 12 East Helena, MT 59601 INSURERS AFFORDING COVERAGE INSURER A; ACE American Insurance CO. INSURER B: INSURER C; INSURER D: INSURER E: NAIC# INSURED COVERAGES 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 IADD' TYPE OF INSURANCE P.?LlS':.~.!:~Eg~~\E Pg't;J r~X.rfu~~N LTR NSR POLICY NUMBER LIMITS ~NERAL LIA61L1TY EACH OCCURRENCE $ 5MERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ I--- CLAIMS MADE D OCCUR I-- MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ n'L AGGREAE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ POLICY P,,fg: LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - . - PROPERTY DAMAGE $ (Per accident) ==iAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ ==i DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU-.I IOl~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below A OTHER Workers Comp WCUC44638769 01101/07 01/01108 Coverage A - Statutory Employers Liability-NIL DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Subject to the terms and conditions of the policy as issued by the Insurance Company. SIR for Work Comp $750,000 each accident. Covers Montana State Resident Employees. All claims are administered by the Montana Contractor Compensation Fund. JOB: Bozeman Water Reclamation Facility Phase 1 Early Out Improvements CERTIFICATE HOLDER CANCELLATION HDR Engineering Attn: Daniel Harmon 1715 S. Reserve Street Missoula, MT 59801-4708 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ......6Q.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 2 #S295719/M263574 VE1 @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pOlicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-$ (2001/08) 2 of 2 #S295719/M263574 Client#: 4861 MTCONTRA ACORDTM CERTIFICATE OF LIABILITY INSURANCE PRODUCER Hoiness LaBar Insurance I: ber of Payne Financial Group ox 30638 BI ngs, MT 59107-0638 RECEIVED 1.11'" P,UU DATE (MM/DDIYYVY) 08/09/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A THE COVERAGE AFFORDED BY THE POLICIES BELOW. , INSURED INSURERS AFFORDING COVERAGE INSURER A: ACE American Insurance Co. NAIC# Dick Anderson Construction, Inc 3424 Hwy 12 East Helena, MT 59601 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES 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 ~~~~ PJ>.k{~';ri~f~8mlE P~~fJ r~X~~~N LTR TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABiLiTY EACH OCCURRENCE $ f-- DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY cel $ I CLAIMS MADE D OCCUR MED EXP (Anyone peClon) $ PERSONAL & ADV INJURY $ f-- GENERAL AGGREGATE $ f-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $ n n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- $ ANY AUTO (Ea accident) f---- ALL OWNED AUTOS BODILY INJURY f---- $ SCHEDULED AUTOS (Per person) f-- f---- HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) f-- f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABiLiTY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ __ ~:~~~~I~~E_~_____~ $ $ ~--~ ---..-..----.------- --~~-~-- . I T~~~~'~!TsT-~ ~---~-- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $ If yes, describe under E.L. DISEASE. POLICY LIMIT $ SPECIAL PROVISIONS below A OTHER Workers Comp WCUC44638769 01/01/07 01/01/08 Coverage A - Statutory Employers Liability-NIL DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS Subject to the terms and conditions of the policy as issued by the Insurance Company. SIR for Work Comp $750,000 each accident. Covers Montana State Resident Employees. All claims are administered by the Montana Contractor Compensation Fund. JOB: Bozeman Water Reclamation Facility Phase 1 Early Out Improvements CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION . Morrison Maierle Inc. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --6D-- DAYS WRITTEN Attn: James Nickelson NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 901 Technology Blvd IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Bozeman, MT 59718 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (\, 11 ACORD 25 2001/08 '-- @I ACORD CORPORATION 19a8 ) 1 of 2 #S295718/M263574 VE1 IMPORTANT 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). 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). DISCLAIMER 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. . ACORD 25-5 (2001/08) 2 of 2 #S295718/M263574 . SECTION 00700 GENERAL CONDITIONS EJCDC DOCUMENT NO. C-700, 2002 EDITION (45 pages) (Pages are numbered 1 through 45) . . 00...52713"0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00100 - 1 512212007 . _ ~ J..' . ~ t.. . .' ' ~ ., ; ~ . , ,; ;' ,. '; ~ :' .:. ':.... < ", . . ~. " . . . NOTE: THIS DOCUMENT HAS BEEN AMENDED FOR THIS PROJECT AND CONTROLLING LAW. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. . . ----- ACEC AM2R1CAN' COUNCIl. OF ENC;fNJl:rr.Jl:TNC CO:vlrANHiS 00...52713-0012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By fj National Society of .. Professional Engineers Professional Engineers in Private Practlc8 .SCle American Society ~ .. of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by - ~ The Associated General Contractors of America . ~ Knowladga for Creating and Sustaining lha Buill Envlronmanl Construction Specifications Institute Bozeman WRF Phase 1 Early Out Priority Improvements 00700 ~ 2 5/2212007 NOTE: Deletions from the Standard EJCDC General Conditions are shown by strikeout. Additions to the Standard EJCDC General Conditions are Underlined. Adaptation of Standard General Conditions prepared bv Morrison-Maierle. Inc. Initial Issue: 6/30/03 Copyright @2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 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 General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C~800) (2002 Edition). MMI No. C-700 (2003 Edition) 6/30/03 00.. .52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 3 5/22/2007 . . . . TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY .............................................................................................................7 1.01 Defined Terms ............................................... ... ......... ............................ ....... ......................... ........................... ............7 1.02 Terminology... ......... ........ ........ .............. ......... ......... ... ........ ....................... ................................................ ...................9 ARTICLE 2 - PRELIMINARY MATTERS ............................................................................................................................. 10 2.01 Delivery of Bonds and Evidence of Insurance................................................................................ ...........................10 2.02 Copies of Documents ................................................................................................................................................. 10 2.03 Commencement of Contract Times; Notice to Proceed.............................................................................................10 2.04 Starting the Work..... .... ........ ...... ........ .... .... .............. ........... ...... .... ................ ..... .................. .... ........... ..... ............. ..... 10 2.05 Before Starting Construction ..................................................................................................................................... 10 2.06 Preconstruction Conference .............. ... ........ ..... ........... ................ ..... .... .... ... ... ............... ..... ........... .............. ............. 11 2.07 Initial Acceptance of Schedules .................................................................................................................................11 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...................................................................... 11 3.01 Intent.. ............... ........... ...... ......... ........... ................ .... ......................... ...... ..... ..... ............. ..... .... ....... ...... ...... .... ...... .... 11 3.02 Reference Standards .................................................................................................................................................. 11 3.03 Reporting and Resolving Discrepancies .................................................................................................................... 12 3.04 Amending and Supplementing Contract Documents ................................................................................................. 12 3.05 Reuse of Documents ................................................ ........... ................... ...................... .... ..... ............... ....... ........... ..... 12 3. 06 Electronic Data........................................................................................................................... ............................... 12 ARTICLE 4 - A V AILABILITY OF LANDS; SUB SURF ACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................13 4.01 Availability of Lands... .................. ....................... ..................... ...... ....... ....... ......... ........ ........... ................................. t 3 4.02 Subsurface and Physical Conditions ......................................................................................................................... 13 4.03 Differing Subsurface or Physical Conditions ............................................................................................................ 13 4.04 Underground Facilities......... ................ ..... ....... ...... .............. ....... ... ..' ...... ............ ...... ............... ......... .................. ..... 14 4.05 Reference Points......................................................................................................................... ............................... 15 4.06 Hazardous Environmental Condition at Site .............................................................................................................15 ARTICLE 5 - BONDS AND INSURANCE .............................................................................................................................16 5.01 Performance, Payment, and Other Bonds .................................................................................................................16 5.02 Licensed Sureties and Insurers .................................................................................................................................. 16 5.03 Certificates of Insurance.. ........ ........ ........... ................. .............. .......... ...... ...... .... ........ ... ............................. .... .......... 16 5.04 Contractor's Liability Insurance ............................................................................................................................... 17 5.05 Owner's Liability Insurance ...................................................................................................................................... 18 5.06 Property Insurance - Purchased by Contractor........................................................................................................ 18 5 .07 Waiver of Rights .......... .............................. ............. ......... ...................... ........... .................. .................. ................ ..... 19 5.08 Receipt and Application of Insurance Proceeds ........................................................................................................ 19 5.09 Acceptance of Bonds and Insurance; Option to Replace........................................................................................... 20 5.10 Partial Utilization, Acknowledgment of Property Insurer......................................................................................... 20 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES.......................................................................................................... 20 6.01 Supervision and Superintendence.. .... ........ ....... ...... .......... ..................... ..... .................. ......................................... ....20 6.02 Labor; Working Hours ...... ............ .............................. ................ ............ ........... ............... ................... ..... .... ............20 6.03 Services, Materials, and Equipment .......................................................................................................................... 20 6.04 Progress Schedule ...... .... ........ ..................... ........ .... ............ .... .... ........ ...... .............. ........... .... .... ........ ..... ..... ........ .....21 6.05 Substitutes and "Or-Equals" .....................................................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others ..................................................................................................22 6.07 Patent Fees and Royalties. ................ ........................................... .......................................... ............. ......... ... ....... ...23 6.08 Perm its.............................................................................................................................. ......................................... 23 6.09 Laws and Regulations. ........ ........ .......... ........... .................... ........... ............ ................ ............................................... 23 6.10 Taxes ................. ...................... ...... ...... .... ..................... ........ ...... ..... ....... ....... .............. .... ..... .... .... ..... ............. ...... ......24 6.11 Use of Site and Other Areas ...................................................................................................................................... 24 6.12 Record Documents ............... .... ............ .... ...... ....... ........ .... .......................................................... ...... ........... ..............24 6.13 Safety and Protection..................... ............. ...... .... ............ ............... ....... ........... ................... ........ ............................. 24 6.14 Safety Representative...... ...... ........ .................. ...... ............ .......................... ..... ............ ......... ........................ .............25 6.15 Hazard Communication Programs ............................................................................................................................25 00" .52713-0012 5/22/2007 Bozeman WRF Phase I Early Out Priority Improvements 00700 - 4 6,16 Emergencies"",.... ,,,,,,,,,,,,,,.,.,,.,,,,,,.,,,.,,.,,,,,.. ,." .""."". """ "...,,,.",,,,,,.,,,, .."" ".".".""", "",,,,,.......,, ...""".,."".",,,,,,, 26 6,17 Shop Drawings and Samples ".""",.",,,.",,,,.,,,.,,,..............,,..,,,,,,,,.".",,,,,,,,,,...,,....,,,,....,,""""........",......"""""".." 26 6.18 Continuing the Work.."".................".....""....."".""".......,."",.....".."...".."......"""",,,.,,,,.........,,......,,,,,,,.,,.,,,,,.,,,,..27 . 6.19 Contractor's General Warranty and Guarantee ..""""""."",,,,,..........,,,,,,..,,,,.",,,,,.,,.,,,,.......,,""""""",,,,,,",,..,,.... 27 6.20 Indemnification ..... .......... ....... .............. ...........,., .,..... ..... ..... ...... ........... ..... ...,.". ........... ....... ............, .".... ............. ......27 6.21 Delegation of Professional Design Services ...."........"."""......."...",...""..""....""..."..............".........""...",,,.,,,,,,,.28 ARTICLE 7 - OTHER WORK AT THE SITE ...",,,,,,,,,,,.....,,,,,..........,,...,,,,,,,,,,,,,,,,,,,,,.,,,,..................,,,,,,.,,,.,,,,,..............."...28 7.01 Related Work at Site "...."""...""......"""",,,,,,,,,,,,,.,,.,,,,.,,,,.,,...,,.......,,,,,,..,,,,.,,,,,"...."......."""",,,,,,,,,.,,.........,,,,...,,.28 7.02 Coordination....................................,.........,.....,.,.,.,.......................................",.............. ...............,.",.,.....................29 7 .03 Legal Relationships "... ",,,,,,,,,,,. ",,,,, "..", "",,,,,,,,,,,,,,,,,,,,,... ."..."". """"",,,,,,. "",,,,,,... ".... "..,,,,,,.,,.,,..,,.,,,, ."" ".......29 ARTICLE 8 R OWNER'S RESPONSIBILITIES ".."",,,,,,,,....,,.,,,,..................,,,,..,,,,...,,...,,.,,,,.,,.........,,,,,,,,,,,,,,,,,................... 29 8.01 Communications to Contractor.". "",,,,,.. ..."" "...""."...""" ........."""" """..." ".". ".............." ..."...."""."" ........ ...... 29 8.02 Replacement of Engineer .".................. .... ....." ..... ...................,.. ..,.,.,..... .... ... ... ...... .............. ...... .................... ...... ......29 8,03 Furnish Data... ......,.. ..... ................,...,.. ....".,..... ... .".. ... .... ................... ...., ... ..... ........ ........ .... .".,.,.. ,..... ..... ......... .........29 8.04 Pay When Due. ".""'''.''"".""". .............. ......... .... ........ ...""",,,,,,,,,,,,.,,,, ".... ..... ........."""""" ....... ........... ",,,,,,, """".29 8.05 Lands and Easements; Reports and Tests"........................."""""."""""."..............".....""......."..........."........"...".29 8,06 Insurance........................,......,........".,.,........................................,.,...,.,...................... .........".,................................. 29 8.07 Change Orders.. .......... ...... ........ "........."".",,,. ""."."""."..".... ..........." "..""", ",,,.,,...,,........ "..... """,,,,,,, .".............29 8.08 Inspections, Tests, and Approvals..... .... ".........."" "... "....."".."................ .."""..""" "". ""........."".."."". ."""....."".29 8.09 Limitations on Owner's Responsibilities ..""....."""""."""....................."",,,,,,,,,,,,,,,.,,,,.,,..........,,,,,,,,,,,.......".........29 8.10 Undisclosed Hazardous Environmental Condition""...."""""""".."."........"..."..""""".."."........"........""......"..... 29 8.11 Evidence of Financial Arrangements ""...."",,,,,,,,,,...,,,,,,,,.,,...,,.,,.........,,..,,,,,,,,,,,....,,,,,,.,,........,,.....,,,,,,."""""""...30 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION "."""".............."............""""...""""........"............".. 30 9.01 Owner's Representative.."." ".."....""""....."""."""."." ...... ........"..""." """"".". .............." ."",,,...,,,,,,,,. .................30 9.02 Visits to Site ....... "....."..... "..... "..,,, "",,,,, ".." "."""".".""" ...... ......."" "........." .""".".""" .". ".... "..,,,.....",,,,,,,,..,,,,,,. 30 9 .03 Project Representative....."."" "... "..."" "...... "..."..."", ..."'''.. .....""..". ......."."",,,,,.,,,,,,, ................."..."""".."...""" 30 9.04 Authorized Variations in Work "....."".............,......",,,,,,,,,,,,.,,.,,,,......................,,...,,,,,..,,",,."...............".."""".""" 30 9 ,05 Rejecting Defective Work,,,,,,,....,,,,.. """...".".""."". "..... .....".""""""..."".."..."". ...""""""."..""""."" ......."......" 30 9.06 Shop Drawings, Change Orders and Payments ""........................""""".."...."......................"....""""""................ 30 9.07 Determinationsfor Unit Price Work ,,,,,.",,.,,..........,,.......,,..,,,,........,,,........,,,,......,,...........,,.....,,"""".""...."...........31 . 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work "......................"""...""".............." 31 9.09 Limitations on Engineer's Authority and Responsibilities """"....................."...""...."""...."..........."""........"....",31 ARTICLE 10 - CI-IANGES IN THE WORK; CLAIMS ""......"."""""......."".."......".."",...""..."".................".."...""".""... 31 10.01 Authorized Changes in the Work ......""........."""".."""...""."""".......""...."...."""..""....."...............""""......",31 1 0.02 Unauthorized Changes in the Work........."....""""""""..."".""""""......."""...."""",,,....,,,,.........".."""""..",,,,, 32 1 0.03 Execution of Change Orders ,,,..,,,,,..,,,,,,,,,,,,,,,,,.,,,,.,,,,......,,,,...,,.,,,,,,,,,....,,.....",,...,,,,..,,...,,....,,..".""...."............. 32 1 0.04 Notification to Surety""" "..",,,.,,,,,,.....,,,,. "".".."...." "........ "...... ...""" ...."" ..........."...",,,,,...,,,,..,,.... ...". "......."" 32 1 0.05 Claims. ",,, "..",,, """...,...." ""..""""....".". "...""." "...".. ".." "..... """""."..... ..."... "......",,,,, ""....."....".."". "...."" 32 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..........................."""."....".......................33 11.01 Cost of the Work """."".".."".""".".."............"."....".."""...".".".""..........".......""".."""".""........"....."""..".. 33 11.02 Allowances""".""".""...""..........."... .................." "''''''''''''.'' ."...""....."." "...". ",,,,,,,,,,,,,,,..... ....""" ".... ",,,,,,,,,,, 34 11.03 Unit Price Work........................""........."""......,,,...........,,,,.........,,....,,.,,",,,,,...,,.,,...,,.,,.....,,.,,..,,..,,,,....",,,,.....",, 34 ARTICLE 12 ~ CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES""..."...."""...".."""""."."".."."" 35 12,01 Change of Contract Price ""."".......""...."".........."..."""."",,,,,..,,,,,,,,.........,,......,,,,,,,,,,""..............""."",,,,,,,,,,, 35 12.02 Change of Contract Times """"""."""."...."........................""""""."".""..."................""",......"""......""......... 36 12,03 Delays "......""""". "".""""." .............. ....".." ......... "..." "".".""""" ....... ."........" "... "......""..."......" ...". ",,,,,,,,,,,.. 36 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .........................................................................................,..."......,.,................:.........................................................,....,..,........36 13.01 Notice of Defects."."".""""....... ........... ........... "..."""""""".."""""..."."". ............" ".."" ...."....."" ".... ...."."" ....36 13.02 Access to Work"""."."""..""." ".....""..". "...... "...""......"" """.........""". "........ "..." """....""""""""".... ""."""" 36 13.03 Tests and Inspections""..".. ."....."""".. ".."....." "..".."""".""...."."" "...................." ..."........""" ....."" """.."...".36 13.04 Uncovering Work.."""""" ........" ...... ....." "......" ..."". """"."."".".".... "...." ........"" "....""."""...."..""..". """""" 3 7 13.05 Owner May Stop the Work....""""".......".."..""...""".."."."."""......"...........""...""",.""..."""""""".....""""".. 37 13.06 Correction or Removal of Defective Work......."...""."....".."""".."""".""."....."..."".".................."."."..."""....37 1.3 . 07 Correction Period........................................",.,.....,..,...,.,.............."..........................,.,................ ................,........ 37 13.08 Acceptance of Defective Work """".....""."."""."...""""......"......""......".."..........."""..........".."......,............"" 38 . 13.09 Owner May Correct Defective Work .................".",,,,,..,,,,..,,,,,,,,,,,,,,......................,,....,,"''''''''''',,...""..".........".38 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ...."........................."...."...............".."".......",...", 39 14,01 Schedule of V alues ..."""""."".".............."..."............""",,,,,......,,,,,,.,,,,,,.,,.,,.,,..."...."..".."...."""".....".."""...... 39 14.02 Progress Payments..".. "....."" "..."" ...."....."...,.."".... "..." ..."..... ...........". ",,,,, "..,,,..... .".........".. "....... "........ ".... 39 14.03 Contractor 's Warranty of Title ........."."...."....."..."............."."....".....""."......"".....".".........""....."""""""...... 41 00...52713-0012 Bozeman WRF Phase I Early Out Priority Improvements 5/22/2007 00700 - 5 . . . 14 .04 Substantial Completion....................................................................................................................................... ...41 14.05 Partial Utilization ............ ....... ......................................................... .... ..................... ..... ........... ............ ....... ..........41 14.06 Final Inspection........... ....................... .... ............. ..... ..... .............. ........ ....................................... .... ............... ........42 14.07 Final Payment........................................................................................................................ ~............................... 42 14.08 Final Completion Delayed.... ..... .......... ........ ..... .................... .... ............................. ....... ...... ........... ........ ............. ...43 14.09 Waiver of Claims .... ......................... ............... ..... ................. .... ........... .............. .............. ......................................43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ........................................................................................43 15.01 Owner May Suspend Work .................................................................................................................................... 43 15.02 Owner May Terminate for Cause .......................................................................................................................... 43 15.03 Owner May Terminate For Convenience ..............................................................................................................44 15.04 Contractor May Stop Work or Terminate ..............................................................................................................44 ARTICLE 16 ~ DISPUTE RESOLUTION ................................................................................................................................45 16.01 Methods and Procedures .......................................................................................................................................45 ARTICLE 17 - MISCELLANEOUS .........................................................................................................................................45 17.01 Giving Notice ...................... ....... ............ ............... ................................... ........... ........................ .............. ............. 45 17.02 Computation of Times .............................................................................................................,.............................. 45 17.03 Cumulative Remedies............................................................................................................................ ................. 45 17.04 Survival of Obligations ..........................................................................................................................................45 17.05 Controlling Law ............. ................. ........ ...... ............ ........................... ......................... ................................. ........45 17.06 Headings.. ..... ............... ... .... ....... ..... ........ ... ... ....... ..... ..... ................ ...... .................... ..... ....... .............. ........ ............45 rTHE REST OF THIS PAGE INTENTIONALLY LEFT BLANKl 00...52713-0012 5/22/2007 Bozcman WRF Phasc I Early Out Priority Improvements 00700 - 6 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defmed, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement-- The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. The definition of the word "Contract" is synonymous with the word "Agreement" and is used interchangeably in the Contract Documents. 3. Application for Ptryment-- The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder-- The individual or entity who submits a Bid directly to Owner. 7. Bidding Requirements and the (including all Addenda). Documents-- The Bidding proposed Contract Documents 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract-- The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). . . 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (Hi) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--See Paragraph 11.01.A for definition. 17. Drawings-- That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement-- The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on . which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer-- The individual or entity named as such in the Agreement. 00. ..52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 7 5122/2007 . 20. Engineer's Consultant--An individual or entity having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with resoect to the Proiect and who is identified as such in the Suoolementary Conditions. 2.L iM}.. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. ;H-;- General Requirements--Sections of Division I of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. ;Q., Hazardous Environmental Condition-- The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. ~ Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. . 25. ;M. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. ~ Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. ~ Milestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. n Notice of Award-- The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 29. ~ Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. . 30. ;w. Owner~~ The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 00...52713-0012 31. Partial Utilization~~Use by Owner of a substantially comoleted Dart of the Work for the oumose for which it is intended (or a related our'Uose) orior to Substantial Completion of all the Work. 32. ~ PCBs--Polychlorinated biphenyls. 33. :H-, Petroleum~~Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 34. ~ Progress Schedule~-A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 35. :H:- Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 36. ~ Project Manual-- The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 37. ~ Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 38. 3& Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 39. ~ Resident Project Representative--The authorized representative of Engineer who may be assigned to the Site or any part thereof. 40. ~. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 41. ~ Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 42. 4G. Schedule of Values-- A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 8 5/22/2007 43. 4h Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work 44. e. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of~ way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 45. ~ Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 46. 44:- Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 47. ~ Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the W ork (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 48. 44- Successful Bidder-- The Bidder submitting a responsive Bid to whom Owner makes an award. 49. 4+:- Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 50. 4S. Supplier--A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. iL. 49-,. Underground Facilities~~AIl underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 52..w. Unit Price Work--Work to be paid for on the basis of unit prices. 00...52713-0012 53. -S-h WorkM~The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. . 54. ~ Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, ifany, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defmed but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives . 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The u.se of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C.Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. . Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 9 5/22/2007 . . . D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's recommendation of fmal payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform. Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in fmal position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish,'; "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.0 I Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. 00... 52713-0012 B. Evidence of Insurance: Before Owner will execute the Agreement. and before any Wark at the Site is started, Contractor and Ovmer shall eaeh-deIiver to Owner the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are lli required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. Following the execution of the Agreement by the Owner and the Contractor. written Notice to Proceed with the Work shall be given by the Owner to the Contractor. The Contract Times will commence to run on the thirtieth aay after the Effecti';e Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no e'/ent will the Contract Times oommence to I1lR later tRaft tRe sixtieth day after the day efBiEl epeniRg Sf the thirtieth day after the Effective Date of the AgreemeRt, \\<RieRevef date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and Bozeman WRF Phase 1 Early Out Priority Improvements 00700 " 10 5/22/2007 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 4. a preliminary list of construction equipment with hourly rates. owned or rented bv the Contractor and all Subcontractors that will be used in the perfonnance of the Work. The equipment list will include information necessary to confinn the hourly rates in accordance with paragraph 11.01A.5.c of these General Conditions including: make. model. and year of manufacture as well as the horse power. capacity or weight. and accessories. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission oftR6 first Application for Payment a conf-erenee attended by Contractor, Engineer, and others as 8fJflrOpriate will be held to review for acceptability te Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additienal 10 days to make corrections and adjustments and to eefflfllete and resubmit the schedules. No progress payment shall be made tEl CElntractor until aeeeptable schedules are submitted to Engineer. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required . submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. 4. Contractor's Schedule of Equipment will be acceotable to Engineer as to fonn and substance if it provides the necessary information to reference the equipment and establish the hourly rates in accordance with paragraph 11.01.A.5.c of these General Conditions. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as ifrequired by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. . C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. A. Prior to the first aoplication for payment all 3.02 Reference Standards schedules and documents identified in paragraph 2.05.A of these General Conditions shall be finalized and A. Standards, Specifications, Codes, Laws, and acceptable to the Engineer and Owner. No orogress Regulations payment shall be made to Contractor until acceptable schedules are submitted to Engineer and Owner as 1. Reference to standards, specifications, provided below. Acceptance of these schedules and manuals, or codes of any technical society, organization, documents by either Engineer or Owner will neither or association, or to Laws or Regulations, whether such impose on Engineer or Owner responsibility for the reference be specific or by implication, shall mean the sequencing. scheduling or progress of the Work and will standard, specification, manual, code, or Laws or not interfere with or relieve Contractor from Contractor's Regulations in effect at the time of opening of Bids (or on full responsibility therefore. the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in I. The Progress Schedule will be acceptable to the Contract Documents. Engineer and Owner if it provides an orderly progression of the Work to completion within the Contract Times. . Such acceptance will not impose on Engineer and Owner responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 5/22/2007 00700 . 11 . 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. . 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: . a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereot) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive fmal payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained 00 __52713-0012 Bozeman WRF Phase I Early Out Priority Improvements 00700 - 12 5/22/2007 or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media fonnat can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perfonn acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media fonnat, the transferring party makes no representations as to long tenn compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 AVAILABILITY SUBSURFACE AND PHYSICAL HAZARDOUS ENVIRONMENTAL REFERENCE POINTS OF LANDS; CONDITIONS; CONDITIONS; 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notifY Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in perfonning the Work. Owner will obtain in a timely manner and pay for easements for penn anent structures or pennanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be perfonned and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all ~dditional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 00.. _ 52713-00 12 D. If it is necessary or desirable that the Contractor use land outside of the Owner's easement or right-of-way. the Contractor shall obtain written consent from the 1;)roDerty owner and tenant of the land. The Contractor shall not enter for materials delivery or occupy for any other Dumose with men. tools. equipment. construction materials. or with materials excavated from the site. any private property outside the desi!-,:nated construction easement boundaries or right-of-way without written pennission from the oroperty owner and tenant. . 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identifY: 1. iliose reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. iliose drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) iliat Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general . accuracy of the "technical data" contained in such reports . and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of ilieir Related Entities with respect to: 1. ilie completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. oilier data, interpretations, opinions, and infonnation contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or infonnation. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to ilie . Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or Bozeman WRF Phase I Early Out Priority Improvements 00700 - 13 5/22/2007 2. is of such a nature as to require a change in the Contract Documents; or . 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. Contractor shall notify the Owner and Engineer in writing about differing subsurface or physical conditions within 5 days of discovery and before disturbing the subsurface as stated above. No claim for an adjustment in the contract price or contract times (or Milestones) will be valid for differing subsurface or physical conditions if procedures of this paragraph 4.03 are not followed. . B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times or both, will be equitably adjusted to the extent that 'the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet anyone or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: . a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or 00 __52713-0012 b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data sho~n or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all Underground Facilities and repairing damage thereto resulting from the Work. such any B. Not Shown or Indicated Bozeman WRF Phase 1 Early Out Priority Improvements 00700. 14 5/2212007 E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifYing that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifYing any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is Bozeman WRF Phase 1 Early Out Priority Improvements 5/22/2007 00700 - 15 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. 00._.52713-0012 B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports . and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opmlOns and information .contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract . Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (Hi) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult. with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. . . agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. . G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnifY and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnifY any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnifY and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. . 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when fmal payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. All bonds signed bv an ae:ent must have a Power of Attorney form attached to the Bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 16 5/2212007 B. .~wner. shall deliver to Contractor, with copies to ea~h. addltlon~l msured identified in the Supplementary CondItlOtlS, certIficates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) v.~ieh Owner is requireEl 10 plMc"Rase and maintain. . B. An Authorized Representative of the msurance comoany for the Contractor shall review the soecified insurance requirements of Article 5 and shall orovide to each insured and to each additional insured a letter stating that the requirements of Article 5 have been reviewed and certifying that the Contractor has as a mi~imum. provided the insurance coverage as requi~ed by ArtIcle 5. . C. All insurance required to be orovided under ArtIcle 5 shall be written in such a manner as to afford primary insurance coverage (as opposed to excess or secondary coverage) as to meet or exceed the insurance requirements for all insureds and additional insureds and the respective directors. officers. partners. employees. agents and other consultants and subcontractors of each and any of all such additional insureds. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work b~ing performed and as will provide protection from claIms set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages ai:!ainst Contractor because of bodily injury, property damal!e. occupational sickness accident or disease, or death of or to Contractor'; employees; . 3. cla~ms for damages because of bodily injury, SIckness, ef dIsease, oroperty damage. or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: a. ~y ~ny person as a result of an offense directly or mdIrectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 00...52713-0012 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and. 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 7. The Liability Policv ourchased by Contractor ~ill provi~e that the definition of bodily iniury will mclude claIms for mental anguish. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any clistomary exclusion regarding professional Iiaeility) Owner and Engineer Engineer's Consultants and any other individuals 0; entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance af~orded to these additional insureds shall provide pflmary coverage for all claims covered thereby; . 2. include at least the specific coverages and be . wfltten for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual covering Contractor's indemnity Paragraphs 6.11 and 6.20; liability insurance obligations under 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least ;W forty-five (45) days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect for a period of at least llfltil one vear following final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and . Bozeman WRF Phase 1 Early Out Priority Improvements 00700 -17 5/2212007 . 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least tw6 three years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and ene for each year thereafter until this provision is satisfied. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance - Purchased bv Contractor . A. Unless otherwise provided in the Supplementary Conditions, Gwner Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, Sub-subcontractors, and Engineer, Engineer's Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at--least include insurance for physical loss or damage to the Work, including machinerv and testinl! of machinery (including electrical units), 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 flood) and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; . 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment in transit for incorporation in the Work or stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. be endorsed to allow occupancy and to allow for partial utilization of the Work by Owner; and specifically endorse the Builder's Risk policy to allow for such action; 6. include testing and startup; and 7. be maintained in effect until fmal payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with M) 45 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. Contractor shall be responsible for any deductible or self-insured retention. D. G: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained bv Contractor in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least M) 45 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. The qualifications of the insurance comoany shall comply with the reauirements of paragraph 5.02 and the Supplementarv Conditions. E. D. Owner shall Rot be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontraotors, or ethers in the Wark to the enteet ef any deductible amounts that are identified in the 8Hpplementary Conditions. The risk of loss to the Work within stich iaemified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 18 5/22/2007 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 19 F. B. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. G. Oualifications of the mODertv insurance comDanv shall be as specified III the SUDDlementary Conditions. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, ana Engineer, Engineer's Consultants. and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner, ana Contractor, Subcontractors. Engineer. Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such Dolicies waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of . the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ana Engineer, Engineer's Consultants. and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, ana Engineer, Engineer's Consultants. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. . C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, Elf Engineer, or Engineer's Consultants. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. ,^on)' insured less Losses insured under the policies of insurance required by Paragraph~ 5.06 and SC- 5.06 that include Owner as a named insured will be adjusted with Owner and made payable to Owner as fi9Heiary for the insureds, first named insured. and others. as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. . B. Owner as fiduciary first named insured shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. Arbitrators shall be chosen as provided in Daragraph 5.08.C. Owner shall in that case make settlement with the insurers in accordance with the direction of such arbitrators. If distribution of the insurance oroceeds bv arbitration is required. the arbitrators will direct such arbitration. C. Arbitrators. if required. shall be selected in accordance with the Construction Industry Arbitration Rules ofthe American Arbitration Association. . 5/22/2007 5.09 Acceptance of Bonds and Insurance; Option to Replace . A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer . A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph~ 5.06 and SC~5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence . A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on .behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. Contractor shall be responsible to see that the completed Work comolies accurate Iv with the Contract Documents. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreaseaaaly withheld) given after prior written notice to Engineer. Emerl!encv work may be done without Drior oermission. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 . 20 5/2212007 6.04 Progress Schedule a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record ofperforrnance and availability of responsive service; and A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer fer acceptance (to the extent indioated in Paragraph 2.07) with each application for payment an updated oroe:ress schedule reflecting the amount of work completed and proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Until the undated schedules are submitted to and acceptable to Engineer and Owner. Owner may withhold an amount from a nroe:ress payment that is sufficient to pay the direct expenses that Owner mav reasonably expect will be necessary to correct any problems based on Contractor's failure' to submit acceptable updated schedules. Review and acceptance of orOl!:ress schedules bv the Engineer will neither impose on Engineer responsibility for the sequencinl!:. schedulinl!: or progress of the Work. nor interfere with or relieve Contractor from Contractor's full responsibility therefore. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualifY as an "or-equal" item under Paragraph 6.05.A.I, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. 1. ;h Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or~equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or~equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.l, a proposed item of material or equipment will be considered functionally equal to an item so named if: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 21 5/22/2007 . . . . . 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. 1. Payment for such evaluation and redesign shall be made at the hourly rates specified in the Bid Form and made by deduction from the monthly progress payments and the final payment as the evaluation and redesign expenses are incurred. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. Bozeman WRF Phase I Early Out Priority Improvements 00700 - 22 C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to fwnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. . 00...52713-0012 5/22/2007 G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights A. Contractor shall give all notices required by against Owner, Contractor, and Engineer, Engineer's and shall comply with all Laws and Regulations Consultants, and all other individuals or entities identified applicable to the performance of the Work. Except where in the Supplementary Conditions to be listed as insureds otherwise expressly required by applicable Laws and or additional insureds (and the officers, directors, Regulations, neither Owner nor Engineer shall be partners, employees, agents, consultants and responsible for monitoring Contractor's compliance with subcontractors of each and any of them) for all losses and any Laws or Regulations. 00.. .52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 23 C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. Owner or Engineer may furnish to anv such Subcontractor. Suoolier or other person or organization. to the extent oracticable. information about amounts oaid to Contractor in accordance with Contractor's Aoolications for Payment on account of the particular Subcontractor's. Suppliers. or other person's or other organization's Work. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the . Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, and Engineer, Engineer's Consultants. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. . 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations . 5/22/2007 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold hannless Owner, and Engineer, Engineer's Consultants. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 24 . B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement ifthere were no Bids) having an effect on the cost or time of performance of the Work shall mav be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.1 0 Taxes . A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. . costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. B. The cost of any additional work required of the Engineer to comolete the record documents due to failure of the Contractor to maintain adequate record documents shall be calculated at the hourlv rates specified in the Bid Form for unscheduled emDlovment of the Ene:ineer. Payment for such work shall be made bv deduction from the monthly progress payments and the final Davment as the costs are incurred. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 5/22/2007 A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 25 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto including trees, shrubs, lawns, walks, pavements: roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection removal relocation, and replacement of their property. ' , C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly; in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the 'acts or omissions of Owner or Engineer or Emdneer's Consultants, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). E. It is expressly understood by the parties to this Agreement that the Contractor is solely responsible for initiating. maintaining, and suoervising safety orecautions and programs in connection with the Work. While Owner and En~ineer ~av have the rimt to observe and report or otherwIse reVIew the work. progress and operations of Contractor and any subcontractors or suooliers. this observation. report or review shall not relieve Contractor from any of its covenants and obligations hereunder. Contractor shall incorporate all safety requirements into its construction pro !!Tess and work schedules. including meconstruction and regularly scheduled safety meetings. posted safety rules, tailgate meetings. and site inspections 00",52713-0012 by safety and other inspectors emoloyed 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. suooort and maintain all underground work and facilities. including pioes. conduits. drains. sewers. water mains. gas mains. cables. etc.. and other underground construction work uncovered in the proximity. or otherwise affected bv the construction work performed by him. All oavement. surfacing. driveways. curbs. walks. buildings. !!Tass areas. trees. utility poles or gUY wires damaged by the Contractor's ouerations in the oerformance of this work shall be repaired and/or reo laced to the satisfaction of the Owner. Engineer. and affected moperty 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 mivate property or facility. regardless of location or character. which may be caused by the work. including moving. hauling. or otherwise transuorting eauiument. materials. or men to and from the work or any part of the site thereof. whether bv him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with the owner of. or the agenCV or authority having iurisdiction over. the damaged property or facility concerning its repair or reolacement 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. or walks. whether uubic or private. the Contractor shall obtain approval from the !!overning party and shall. at his own expense. movide and maintain suitable and safe bridges, detours. and other temporary expedients for the accommodation of public and mivate drives before interfering with them. Safety provisions must be entirely adequate and meet with Citv or State and Federal regulations to motect the public on these streets and roads. The provisions for temporary expedients will not be required when the Contractor has obtained oermission from the owner and tenant of the private prooertv. or from !he authority having iurisdiction over public property Involved. to obstruct traffic at the designated ooint. 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. . 6.15 Hazard Communication Programs . 5/22/2007 6.16 Emergencies . A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. . b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. . c. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample Drawings and Samples requirements of the Work Documents. with other Shop and with the and the Contract 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 26 5/2212007 C. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any ofthem to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. Bozeman WRF Phase 1 Early Out Priority Improvements 00700 . 27 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C. I. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: I. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 00...52713.0012 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; . 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval ofa Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, and Engineer, Engineer's Consultants. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, demands, liability. costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) caused by. arising out of or relating to the performance of the Work, provided that any such claim, demand. liability. cost, loss, or damage is attributable to bodily injury, sickness, disease, mental anguish. or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any nogligont act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. . B. While Owner and Engineer may have the right to observe or otherwise review the work, progress and operations of the Contractor. and any Subcontractors or Suppliers. it is exoresslv understood and agreed that this observation. report or review shall not relieve the Contractor from any of its covenants and obligations hereunder. . 512212007 . D. G,. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's Consultants or to the officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. E. The exceptions to Contractor's indemnification obligations under paragraph 6.20.D shall not aoolv to anv claim or demand against Engineer and EnlZineer's Consultants or to the officers. directors. oartners. emolovees. alZents and other consultants and subcontractors of each and any of them which is based on asserted liability for the reporting or failing to report of matters relatinlZ to allelZed health and safety violations in connection with the work of Contractor and any Subcontractor or Supplier. 6.21 Delegation of Professional Design Services . A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. . C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 ~ OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any 5/22/2007 00.. .52713-0012 Bozeman WRF Phase I Early Out Priority Improvements 00700 . 28 delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibiljties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 00...52713-0012 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. . 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders . A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Condition Hazardous Environmental A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. . Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 29 5/22/2007 8.11 Evidence of Financial Arrangements . A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that [mancial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site . A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance ofthe Work. . 9.03 Project Representative Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. B. However. there will be no relaxing, substituting or aualifYing any portion of the Specifications. unless such change is approved in writing by the Engineer and Owner. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the 00. __52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 30 5/22/2007 D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinationsfor Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days ofthe event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 1O.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. . B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. . E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to Engineer's Consultants. if any, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. . 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 31 5/22/2007 10.02 Unauthorized Changes in the Work . A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work perfonned that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution o/Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 1O.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually perfonned in accordance with a Work Change Directive; and . 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims . A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last subrriittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 1O.05.C or denial pursuant to Paragraphs 10.05.C.3 or 1O.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. 00...52713-0012 Bozeman WRF Phase I Early Out Priority Improvements 00700 - 32 5/2212007 f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such Bozeman WRF Phase 1 Early Out Priority Improvements 5/22/2007 00700 - 33 ARTICLE 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.8. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work 00...52713-0012 and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. . . . . losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: . 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph l1.01.A.l or specifically covered by Paragraph l1.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 1 1.0 LA and 11.01.B. . C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph l2.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 1 LOLA and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include f9r all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 34 5f2212007 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 00.. .52713-0012 Bozeman WRF Phase I Early Out Priority Improvements 00700 - 3S C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work perfonned by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and I. the quantity of a oarticular item of Unit Price Work perfonned bv Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement: and 2. the total cost of the particular individual item of Unit Price Work amounts to 10 percent or more of the Contract Price which is the total sum of all schedules (if any): and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be detennined as follows: I. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph . 12.01.B.2, on the basis of the Cost of the Work (detennined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (detennined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be detennined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost ofthe Work: a. for costs incurred under Paragraphs II. 0 LA. I and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually perfonns the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred . by such Subcontractor under Paragraphs 11.01Al and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in anyone change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance' with Paragraphs 12.0 I.C.2.a through 12.0 l.e2.e, inclusive. D. Lump sum quotations for modifications to the Work shall include substantiatinl! documentation with an itemized breakdown of direct proiect related Contractor and Subcontractor costs. includinl! labor. materials. rentals. and approved services as summarized in paral!faphs 11.0IA.I through 11.01.A.4: and overhead and profit (fixed fee) as defined in paragraph 12.01.C. . 5/22/2007 12.02 Change of Contract Times . A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. . B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. . D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. F. Should the Contractor request a construction shutdown due to the reasons listed in paragraph 12.03.A and should a shutdown be aouroved by the Engineer and Owner. all work on the oroiect shall cease. The Engineer will not be available for work insoection during such shutdowns and anv work completed by the Contractor during such shutdown will not be acceoted by the Engineer or Owner. ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 36 5/2212007 C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be perfonned by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. 00...52713-0012 D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or . both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perfonn the Work in such a way that the completed Work will confonn to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and . replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the tenns of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, ifany, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the tenns of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or pennitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: . Bozeman WRF Phase 1 Early Out Priority Improvements 00700 . 37 5/22/2007 A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such D. Contractor shall not be allowed an extension defective Work (such costs to be approved by Engineer as of the Contract Times because of any delay in the to reasonableness) and the diminished value of the Work performance of the Work attributable to the exercise by to the extent not otherwise paid by Contractor pursuant to Owner of Owner's rights and remedies under this this sentence. If any such acceptance occurs prior to Paragraph 13.09. 00.. .52713.0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 38 1. repair such defective land or areas; or . 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. . C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work . Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. Tn connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. 5/22/2007 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a fonn of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. Payments for materials in storage shall be based only upon the actual cost of the materials and egui\:lment to Contractor and shall not include any overhead or profit. Bill of Sale. invoice or other document warranting clear title for materials in storae:e will be waived for the material in storage included in the first progress payment application. However. proof of payment and clear title must be submitted with Application No.2 for all material included in Application No.1. Without such documentation amounts paid for materials in storage will be deducted from subseauent pavrnents. Bee:innine: with the second application. all reauests for pavrnent for materials in storage shall be accompanied by Bill of Sale. invoice or other document warranting clear title as required above. 2. Beginning with the seoond Application for Payment, each f.pplicatiofi shall include an affidavit Elf Contractor stating that all previous progress payments received on account of ~he Work have been applied on accel:lflt te discharge Contractor's legitimate obligations associated with prier }\.pplications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 00.. .52713-0012 2. Each application for progress pavment shall be accompanied bv Contractor's updated schedule of operations. or progress report. with such shop drawings schedules. procurement schedules. value of materials on hand included in a\:lplication. and other data specified herein or reasonably required by Owner or Engineer. The Owner reserves the rie:ht to require submission of monthly certified payrolls by the Contractor. After the first progress payment which requests payment for materials in stora€!:e has been made bv the Contractor to the Owner, the Contractor must submit with the following month's pavrnent reauest. evidence satisfactory to the Owner that such material has been paid for. Failure to provide this evidence with the first request and subsequent requests will result in withholdin!!: from subsequent progress vavments the amount in dispute requested for materials in storage in accordance with Paragraph I4.02B. . 3. The Owner may retain a portion of the amount otherwise due the Contractor. Except as state law otherwise provides. the amount retained by the Owner shall be as stipulated in the Agreement. In accordance with state law the Owner may accept deposited securities in lieu of cash retainage. Retainae:e may be used bv the Owner to offset costs for any of the losses enumerated in Paragraphs 14.02.B.5.a throue:h 14.02.B.5.d inclusive. 14.02.D.1.a through 14.02.D.1.d inclusive. or I5.0l.C. In addition. retainage may be used bv the Owner to protect against loss from failure by the Contractor to complete necessarY work and to offset any liquidated damae:es due Owner. . 4. Liquidated damages for unscheduled employment of the Ene:ineer shall be calculated at the hourly rates indicated in the Bid Fonn. Liquidated damages shall be paid bv deduction from monthly progress pay estimates and the fmal pay estimate. as the liquidated damages are incurred. 5. Each application for pro!!:ress \:layment shall be accompanied bv a statement of certification by the Contractor that no claim exists ae:ainst the Owner or En!!:ineer unless exoresslv stated otherwise: that the pavrnent claimed represents the actual value of the work accomplished: that the work accomplished and materials supplied are in accordance with the Contract Documents: that the auantities claimed were properly determined: and that all labor provisions have been complied with in full. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. . 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 39 5/22/2007 . observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: . a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or . c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance ofthe Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02A C. Payment Becomes Due I. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made account of Contractor's furnishing of the Work; against Owner on performance or b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended, including liquidated damages: or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 00...52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 40 5/22/2007 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently detennined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as detennined by Paragraph 14.02.C.l. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. B. Neither recommendation of anv proe:ress pavment bv Ene:ineer. nor pavment bv the Owner to Contractor. nor anv use or occupancv 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. mooertv insurance on all Work. materials. and equipment whether incorporated in the proiect or not and whether included in an application for payment or not. for the full insurable value thereof. Passing title to Owner for materials and equipment included in an application for payment does not relieve the Contractor of the Contractor's oblie:ation to provide insurance (including property insurance), as required in Article 5 of these General Conditions and the Supplementary Conditions. All insurance shall remain in effect as provided in Article 5. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to detennine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or 00...52713-0012 corrected before fmal payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions . of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a defmitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so infonn Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. . E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions. 1. Owner at any time may request Contractor in writing to pennit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially . complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 41 5/22/2007 . 2. Contractor at any time may notifY Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part ofthe Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. . B. Owner has the right to take possession of or use anv completed or substantiallv completed portions of the work at any time. but such taking possession or use will not be deemed an acceptance of anv 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 orice. Owner's use of any facilities not specifically identified in the Contract Documents will be in accordance with conditions agreed to prior to such use. and any extra costs or delays in completion incurred and oroperly claimed by Contractor will be equitably adiusted with a Change Order. Facilities substantially completed in accordance with the Contract Documents which are occupied or used by Owner prior to substantial completion of the entire work will be done in accordance with Article 14.04. Guarantee periods for accepted or substantially completed work including mechanical and electrical equipment will commence upon the start of continuous use by Owner. All tests and instruction of Owner's personnel must be satisfactorily completed. and Owner shall assume responsibility for and operation of all facilities occupied or used exceot as may arise through portions of work not vet comt'leted bv 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 ofthe work fullv completed and accepted. 14.06 Final Inspection . A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals 00...52713-0012 that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. After Contractor has remedied all deficiencies to the satisfaction of the Owner and Engineer and delivered all construction records. maintenance and operating instructions. schedules. guarantees. bonds. certificates of inspection. and other documents (all as required by the Contract Documents). Owner and Contractor shall be oromptly notified in writing bv Engineer that the work is acceptable. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the [mal inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked~up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. Bozeman WRF Phase 1 Early Out Priority Improvements 00700 . 42 5/22/2007 B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and [mal inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due I. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: I. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and . 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE IS - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. . 15.02 Owner May Terminatefor Cause A. If the Contractor fails to comolete the work required by the Contract Documents. or upon +he occurrence of anyone or more of the following events, will justifY termination. the Owner may terminate the Agreement relatine: to the whole Work or any portion thereof for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. . B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 00.. .52713-0012 Bozeman WRF Phase 1 Early Out Priority Improvements 00700 . 43 5/22/2007 . 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem expedient. . C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and I5.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provid~d a performance bOJ).d under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and I5.02.C. 15.03 Owner May Terminate For Convenience . A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 00__.52713-0012 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum fmally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. Bozeman WRF Phase I Early Out Priority Improvements 00700 - 44 5(22/2007 ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph lO.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph lO.05.C or a denial pursuant to Paragraphs 10.05.C.3 or lO.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: I. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provISIOn of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: I. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 00...52713-0012 B. The business address for e:iving notices of Contractor given in the Agreement is hereby desie:nated as the Dlace to which all notices. letters. and other . communication to Contractor will be mailed or delivered. The address for giving notices to Owner given in the Agreement is herebv designated as the Dlace to which all notices. letters. and other communication to Owner shall be mailed or delivered. Either party may change its address at any time bv an instrument in writine: delivered to Engineer and to the other party. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other . provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. . Bozeman WRF Phase 1 Early Out Priority Improvements 00700 - 45 5/22/2007 SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS . These Supplementary Conditions to the General Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable in both the singular and plural thereof. Index of Supplementary Conditions to the General Conditions Article or Paragraph No. Title or Subject Matter . SC-1.01.A.20 Engineer's Consultants SC-1.01.A.55 Day SC-2.01 Delivery of Bonds SC-2.07 Initial Acceptance of Schedules SC-3.03.B.1.c Resolving Discrepancies SC-4.02 Subsurface and Physical Conditions - Technical Data SC-4.04.A.3 Underground Facilities SC-4.05 Reference Points SC-4.06 Hazardous Environmental Condition at Site - "Technical Data" SC-5.02 Licensed Sureties and Insurers SC-5.03 Certificates of Insurance SC-5.04 Contractor's Liability Insurance SC-5.06 Property Insurance - Purchased by Contractor SC~6.02 Labor; Working Hours SC-6.03 Services, Materials, and Equipment SC-6.06 Concerning Subcontractors, Suppliers and Others SC-6.17 Shop Drawings and Samples SC-7.01 Related Work at the Site SC-9.03 Project Representative SC-11.01.A.5.c Equipment Rental Rates - Use of Blue Book SC-12.03 Delays SC-13.03 Tests and Inspections SC-13.13. B Safety and Protection SC-14.02.B Progress Payments- Whole or Partial Payment Refused by Engineer SC-14.02.C Progress Payments ~ Payment Becomes Due SC-14.02.D Progress Payments - Full Payment Refusal by Owner SC-14.07.B Final Payment - Refusal by Engineer SC-14.07.C Final Payment ~ Payment Becomes Due SC-16.01 Dispute Resolution - Mediation SC-17. 04. B Survival of Obligation - Statutes of Limitation SC-1.01.A.20 ENGINEER'S CONSULTANTS SC-1.01.A.20 Engineer's Consultants - The following persons, firms or corporations have provided or will provide professional services to the Engineer for the Project: Service Company Name . Secondary Clarifier Diffusion Well Distribution Morrison-Maierle, Inc. Baffle Improvements and Field Engineering 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810 - 1 6/2212007 SC-1.01.A.55 DAY Add a paragraph immediately after paragraph SC-1.01.A.54. to read as follows: 55. Day-A "calendar day" unless otherwise directed within these Contract Documents. . SC-2.01 DELIVERY OF BONDS Add a new paragraph immediately after paragraph 2.01.A of the General Conditions which is to read: "B. Engineer shall furnish to Contractor six copies of the Agreement and other Contract Documents bound therewith. Contractor shall execute the Agreement, insert executed copies of the required Bonds and Power of Attorney and Certificates of Insurance and submit all copies to the Owner. Owner shall execute all copies and return two copies to the Contractor who shall promptly deliver one copy to his Surety. Owner shall also furnish a counterpart or conformed copy to the Engineer and MDEQ and shall retain two copies." SC-2.07 INITIAL ACCEPTANCE OF SCHEDULES Delete the first paragraph of 2.07.A of the General Conditions in its entirety and insert the following in its place: "A. Prior to the first application for payment all schedules and documents identified in paragraph 2.05.A of these General Conditions shall be finalized and submitted to the Engineer and Owner. Until acceptable schedules are submitted to Engineer and Owner as provided below, Owner may withhold an amount from a 'progress payment that is sufficient to pay the direct expenses that Owner may reasonably expect will be necessary to correct any problems based on Contractor's failure to submit acceptable schedules. The progress schedule shall be CPM form or other acceptable format that shows estimated time for each work item, and starting and completion dates for each part of the Work. . Acceptance of these schedules and documents by either Engineer or Owner will neither impose on Engineer or Owner responsibility for the sequencing, scheduling or progress of the Work, and will not interfere with or r~lieve Contractor from Contractor's full responsibility therefore." SC-3.03.B RESOLVING DISCREPANCIES Add a new paragraph immediately after paragraph 3.0.3.B.1.b of the General Conditions which is to read: "c. In the event that any provision of the Contract Documents conflicts with another provision of the Contract Documents, the provision in the Contract Documents first listed below shall generally govern except as otherwise specifically stated: 1. Standard Form of Agreement 2. Performance and Payment Bond 3. Addenda to Contract Documents 4. Legal and Procedural Documents: a. Proposal b. Proposal Guaranty c. Instructions to Bidders d. Invitation to Bid 5. Special Provisions 6. Drawings 7. Detailed Specifications Requirements (Technical Specifications) 8. Supplementary Conditions 9. General Conditions" . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810-2 6t22/2007 . . . SC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS - TECHNICAL DATA Add the following new paragraph(s) immediately after paragraph 4.02.B of the General Conditions: "C. In the preparation of Drawings and Specifications, Engineer or Engineer's Consultants relied upon the following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: 1. Drawings dated 1969 prepared by Thomas Dean, and Hoskins, Inc., Great Falls and Bozeman, Montana, entitled Bozeman, Montana Wastewater Treatment Plant consisting of 38 drawing sheets. 2. Drawings dated 1981 prepared by Thomas, Dean, and Hoskins, Inc., Great Falls, Bozeman, and Kalispell, Montana, entitled Construction Drawings, Bozeman, Montana Wastewater Treatment Plant, Phase 1 consisting of 94 drawing sheets. 3. Specifications and Drawings dated May 2002, prepared by Morrison-Maierle, Inc., entitled Wastewater Treatment Modifications, Bozeman, Montana, 57 drawing sheets. 4. Specifications and Drawings dated February 2004, prepared by Morrison-Maierle, Inc. entitled Wastewater Treatment Improvements, Bozeman, Montana, 76 drawing sheets. D. Copies of reports and drawings itemized in SC-4.02.C and SC-4.02-D that are not included with Bidding documents may be examined at HDR Engineering, Inc's Missoula office and at Morrison-Maierle, Inc.'s Helena Office or the Bozeman City Office during regular business hours. These reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Contractor is entitled to rely as identified and established above are incorporated therein by reference. Contractor is not entitled to rely upon other information and data utilized by Engineer and Engineer's Consultants in the preparation of Drawings and specifications." SC-4.04 UNDERGROUND FACILITIES Add the following new paragraph immediately after paragraph 4.04.A.2 of the General Conditions: "3. At least 2 but not more than 10 business days before beginning any excavation, the Contractor shall, according to MCA 69-4-501, notify all owners of underground facilities and coordinate the Work with the owners of such underground facilities. The information shown or indicated in the Contract Documents with respect to existing underground facilities is based on information and data obtained from the owners of the facilities without field exploration, and as such, Owner and Engineer are not responsible for the accuracy or completeness of such information or data." SC-4.05 REFERENCE POINTS Add the following paragraphs immediately after paragraph 4.05.A of the General Conditions which are to read: "B. The baselines and benchmarks to be furnished by the Owner are designated on the Drawings. If lost or destroyed by the Contractor, the baselines and benchmarks will be re-established by the Engineer. The cost of re-establishing disturbed baselines or benchmarks shall be calculated at the hourly rates specified in the Bid Form for unscheduled employment of the Engineer. Payment for such work shall be made by deduction from the monthly progress payments and the final payment as the costs are incurred. C. All other staking required by the Contractor to complete the work, including line and/or grade stakes, slope stakes, bluetops, etc., shall be provided by the Contractor. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810 - 3 6/2212007 D. Construction surveys shall be done under the direction of a Registered Professional Engineer or Land Surveyor experienced in construction layout work. . E. The Contractor shall notify the Engineer of any discrepancies between plan locations and verified field locations or dimensions. All connections of new facilities to existing facilities (concrete and other critical horizontal or vertical dimensions) shall be verified by the Contractor prior to starting construction. Any differences between the plans and field construction surveys will be resolved by the Engineer. F. When required, the Contractor shall provide a survey crew during normal working hours to assist the Engineer in checking lines and elevations in the Contractor's layout and for measuring quantities for payment purposes as the work proceeds. The Contractor shall cooperate with the Engineer so that the checking and measuring may be accomplished with the least interference to the Contractor's operations." SCR5.02 LICENSED SURETIES AND INSURERS Add the following immediately after paragraph 5.02.A of the General Conditions: "B. Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall secure and maintain such insurance from an insurance company (or companies) authorized to write insurance in the state of the project location, with minimum "A.M. Best Rating" of A-, VI, as will protect the Contractor, the vicarious acts of subcontractors, the Owner, the Engineer, the Engineer's Consultants, and the respective directors, officers, partners, agents, employees and other consultants and subcontractors of each and any of all such additional insureds from claims for bodily injury (including sickness, disease and mental anguish), death, and property damage which may arise from operations and completed operations under this Agreement. Contractor shall not commence work under this Agreement until such insurance has been obtained and certificates of insurance, with binders, or certified copies of the insurance policy shall have been filed with the Owner and the Engineer." . SC~5.03 CERTIFICATES OF INSURANCE Add the following paragraphs immediately after paragraph 5.03. B of the General Conditions: "C. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligations to maintain such insurance. D. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents." SC-5.04 CONTRACTOR'S LIABILITY INSURANCE Add the following new paragraph immediately after paragraph 5.04.B of the General Conditions: "C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverages for not less than the following amounts or greater where required by Law or Regulations: 1. Workers' Compensation and Related Coverages under Paragraphs 5.04.A1 and 5.04.A2 of the General Conditions: a. State Statutory . b. Applicable Federal (e.g. Longshoremens) Statutory 00.._52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810-4 6/22/2007 . . . c. Employer's Liability $1.000.000.00 2. General Liability: Contractor's General Liability Insurance under paragraphs 5.04.A.3 through 5.04.A.6 of the General Conditions, which shall also include premises-operations; independent contractor's operations protection; contractual liability; personal injury; broad form property damage (including explosion, collapse, blasting and underground damage, where applicable); and completed operations and product liability coverages. The General Aggregate Limit shall apply separately to each of the Contractor's projects. a. GENERAL AGGREGATE PER PROJECT $5.000.000.00 b. Products - Completed Operations Aggregate $5.000.000.00 c. Personal and Advertising Injury (Each Occurrence) $5.000,000.00 d. Bodily Injury and Property Damage (Each Occurrence) $5.000,000.00 e. Contractor's Liability Insurance under 5.04.A.3 through 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit cannot be less than $1,000,000.00. The deductible, if any, may not exceed $5,000.00 per occurrence. f. In the event the General Aggregate limit is diminished by an amount greater than $500,000, Contractor shall provide notice to Owner of this fact, and shall again provide such notice on each subsequent occasion on which the General Aggregate limit is again diminished by an amount greater than $500,000. g. In addition to other requirement in the General Conditions, coverage will include the following at a minimum: Premises - Operations, Operations of Independent Contractor, Contractual Liability, Personal Injury, Product and Completed Operations, Broad Form Property Damage (to include explosion, collapse, blasting, and underground where applicable), and Per Project Aggregate Endorsement. 3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit (bodily injury and property damage) Each Accident $ 5.000.000.00 b. Coverage to be written on a Symbol 1 (one) any auto basis, to include all owned, hired, and non-owned vehicles. c. Contractor's Automobile Liability Insurance under 5.04.A.6 may be satisfied by primary insurance or a combination of primary and excess or umbrella insurance. Primary occurrence limit can not be less than $1,000,000.00. The deductible, if any, may not exceed $5,000.00 per accident. 4. The Contractual Liability Coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. General Aggregate Per Project $ 5.000.000.00 00.. .52713-00123 6n2/2007 Bozeman WRF Phase 1 Early Out Priority Improvements 00810-5 b. $ 5.000.000.00 Each Occurrence (Bodily Injury and Property Damage) OWNERS and CONTRACTORS Protective Policy - Purchased By CONTRACTOR: . 5. In addition to the insurance required to be provided by Contractor under paragraph 5.04.A.1 through 5.04.A.6 inclusive, Contractor shall purchase and maintain a separate Owners and Contractors Protective Policy (OCP) to protect Owner against claims which may arise from operations under the Contract Documents, with limits of liability as specified below. This liability insurance shall include as additional insureds the Engineer and the Engineer's Consultants, and include coverage for the respective directors, officers, partners, employees, agents and other consultants and subcontractors of all such additional insureds. b. Each Occurrence (Bodily Injury and Property Damage) $2.000.000.00 $1.000.000.00 a. General Aggregate The insurance policy will contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least forty~five (45) days prior written notice has been given to Owner and to each other additional insured (and the certificates of insurance furnished to Owner and each other additional insured will so provide). 6. Additional Insureds: a. With respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6, inclusive, include the following as additional insureds. Use Additional Insured Endorsement CG 20 32, or equivalent acceptable to the Owner and Engineer. OWNER - City of Bozeman, Montana ENGINEER - HDR Engineering, Inc. ENGINEER'S Consultants - Morrison-Maierle, Inc. . b. With respect to the Owner's and Contractor's Protective Policy (OPC) insurance required by paragraph SC-5.0.4.C.5, include the following as additional insureds. Use Additional Insured Endorsement CG 20 32, or equivalent acceptable to the Owner or Engineer. ENGINEER - HDR Engineering, Inc. ENGINEER'S Consultants - Morrison-Maierle, Inc." SC~5.06 PROPERTY INSURANCE - PURCHASED BY CONTRACTOR A. With respect to the Contractor's property insurance coverage required by paragraph 5.06.A of the General Conditions, include the following as an insured or additional insured: "OWNER: City of Bozeman, Montana SUBCONTRACTORS: (Contractor to list Subcontractors) ENGINEER: HDR Engineering, Inc. ENGINEER'S Consultants: Morrison-Maierle, Inc." B. Deductible may not exceed $5,000 unless approved by appropriate Change Order. SC~6.02 LABOR; WORKING HOURS Add the following new paragraphs immediately after paragraph 6.02.B of the General Conditions: . "C. Working hours for the Contractor shall be limited to the hours between 7:00 a.m. and 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810 - 6 6/22/2007 . . . 7:00 p.m. and shall not exceed 10 hours per day with authorized overtime. With Owner and Engineer approval the Contractor may work a four day, ten hour per day work week. The Contractor must notify the Owner and Engineer in writing three (3) days in advance of his intention to work during other periods to allow assignment of additional inspection personnel when they are reasonably available. Emergency work may be done without prior permission. D. If a resident project representative is reasonably available, the Engineer may authorize the Contractor to perform work during periods other than normal working hours and/or days. The cost of this inspection will be calculated at the hourly rate specified in the Bid Form for unscheduled employment of the Engineer and will be deducted from the monthly progress payments and final payment as the costs are incurred." SC-6.03 SERVICES, MATERIALS, AND EQUIPMENT Add the following paragraphs immediately after paragraph 6.03.C of the General Conditions which are to read as follows: "d. To ensure standardization and uniformity in all parts of the work under this Contract, like items of equipment shall be the products of one manufacturer. Like items of certain materials shall be the products of one manufacturer. E. Uniformity in like equipment items is required in order to provide the Owner with interchangeability capabilities, simplified spare parts inventory, and standardized maintenance programs and manufacturer's services. F. Uniformity in certain like material items is required in order to provide the Owner with a simplified spare materials inventory, continuity in patterns, color, and texture; and a standardized procedure for maintenance care and manufacturer's services. G. Visible architectural items such as exterior finishes, floor and wall covering, ceiling materials, doors, windows, cabinetwork, paint, and miscellaneous appurtenances, when specified alike shall be standardized. H. Generally, material items exempt from standardization include structural steel, reinforcing steel, building insulation, roofing materials, sheet metal, materials specified only by reference to a recognized standard, and items hidden from view where interchangeability, color, and texture is not a significant factor for standardization. I. The Contractor shall inform his suppliers and subcontractors of these requirements, and shall provide the necessary coordination to accomplish the standardization specified." SC-6.06 CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS The following provisions supplement paragraphs 6.06.A and 6.06.B of the General Conditions and paragraph 12.01 of the Instructions to Bidders: "A The Contractor shall not sublet any part of the work embraced within this contract without the consent of the Owner, and the Owner reserves the right to withdraw at any time from any subcontractor whose work has proven unsatisfactory, the right to be engaged in or employed upon any part of the work. The amount of the work sublet on this project shall not exceed 50 percent. B. In accordance with Instruction to Bidders, paragraph 12.01, within seven (7) days after bids are opened, the apparent low bidder, and any other Bidder so requested, shall submit a list of all Subcontractors, Suppliers, or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to Owner. An experience statement with pertinent information as to similar projects and other evidence of qualification for each named Subcontractor, Supplier and 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810 -7 6/22/2007 other persons or organizations shall be furnished. Acceptance and substitution of proposed Subcontractors, Suppliers, or other persons or organization prior to Notice of Award is governed by . Instructions to 8idders paragraph 12.01. The Contractor may not change Subcontractors, Suppliers, or other persons and organizations accepted by Owner prior to the Notice of Award without the written permission of the Owner. C. Revocation of Subcontractor, Supplier, or other persons or organizations acceptance after the Effective Date of the Agreement is governed by General Condition 6.06.8." SC~6.13 SAFETY AND PROTECTION Add new paragraph to the end of paragraph 6.13.8 of the General Conditions as follows: "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. 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 lor replaced to the satisfaction of the OWNER, ENGINEER, and affected property owner at the CONTRACTOR'S expense. . The CONTRACTOR shall also be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location or character, which may be caused by 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. 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 CO NT ACTOR 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. Safety provisions must be entirely adequate and meet with City or State and Federal regulations to protect the public on these streets and roads." SC~6.11 SHOP DRAWINGS AND SAMPLES Add the following paragraphs immediately after paragraph 6.17.E of the General Conditions: "F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record . Engineer's time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810-8 6/2212007 . . . G. In the event that Contractor requests a substitution for a previously approved item, Contractor shall reimburse Owner for Engineer's charges for such time unless the need for such substitution is beyond the control of Contractor. Work by others at the site and other coordination issues are defined in Section 01010, COQRDINA TlON AND SITE CONDITIONS in these Contract Documents". SCR9.03 PROJECT REPRESENTATIVE Change the second sentence of paragraph GC-9.03.A to read as follows: "The responsibilities and authority and limitations theron of any such Resident Project Representative and assistance will be provided in paragraph 9.10, the Supplementary Conditions, and Specification Section 00821." Add a new paragraph immediately after paragraph GC-9.03.A, which is to read as follows: "ENGINEER's Resident Project Representative(s) shall not authorize any deviation from the Contract Documents or substitutions of materials or equipment, unless authorized by ENGINEER." SCR11.01.A.5.c. EQUIPMENT RENTAL RATES - USE OF BLUE BOOK Delete paragraph 11.01.A.5.c. of the General Conditions in its entirety and insert the following in its place: "11.01.A.5.c The cost for the use of all construction equipment and machinery and parts thereof whether owned by the Contractor or rented by others shall be calculated as follows. Cost will include the costs of transportation, loading, unloading, assembly, dismantling and removal thereof for equipment involved only in the changed portion of the work covered under the cost of the Work method. Transportation, loading, and assembly costs will not be included for equipment already on the site which is being used for other portions of the Work. The cost of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Hourly equipment and machinery rates may be calculated from the Rental Rate Blue Book for Construction Equipment, and the Equipment List submitted according to GC-2.05.A.4 and GC- 2.07.A, and as follows: 1. For working equipment, the hourly rate shall be the monthly rental rate divided by 176 hours per month plus the hourly operating cost. 2. For equipment on standby, the hourly rate shall be 50 percent of the monthly rental rate divided by 176 hours per month, and the hourly operating cost shall not be applied. 3. For specialized equipment rented for a short duration used for change order work or additional work not part of the scope of work bid, the equipment rental rates will be negotiated prior to the work being performed. 4. Use of Blue Book rates, and review and approval of equipment rates associated with equipment lists submitted according to GC-2.05.A.4 and GC-2.07.A shall not extend to the settlement of any claim submitted under GC-10.05 and GC-12.01. In claim settlements, actual costs are recoverable, not blue book rates or rates approved with submittals of schedules of value or equipment lists." SCR12.03. DELAYS In the second sentence of General Conditions 12.03. after the words "or acts of God" add: "but shall not include strikes or labor disputes." Add a new paragraph after paragraph GC 12.03.A which is to read as follows: 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 00810-9 6/2212007 "Time extensions will not be granted for rain, wind, flood, or other natural phenomena of normal intensity for the locality where Work is performed. For purposes of determining extent of delay . attributable to unusual whether phenomena, a determination shall be made by comparing the weather for a minimum continuous period of at least one-fourth of the Contract Time involved with the average of the preceding 5 -year climatic range during the same time interval based on U.S. Weather Bureau statistics for the locality where the Work is performed." G. The Contractor shall schedule the Work to be completed within the Contract Time(s) stipulated in the Agreement, including an allowance for time lost due to abnormally cold weather, abnormal precipitation, or other natural phenomena that is abnormal for south western Montana. Such events will not constitute justification for an extension of the Contract Time(s) unless 1) they are considered outside the normal natural weather patterns for the project area, 2) the occurrence is agreed upon by both the Engineer and Contractor during the event, and 3) the total number of working days lost to such events exceeds five percent of the total Contract Time(s). Any claim by the Contractor for an extension of the Contract Times(s) due to abnormal weather conditions must be submitted to the Engineer within two business days of the occurrence of the abnormal weather condition to be considered by the Engineer for an adjustment to the Contract Time(s). Once the total number of working days exceeds five percent of the Contract Time(s), the Contract Time(s) will be adjusted by the actual number of working days affected." SC-13.03 TESTS AND INSPECTIONS Replace paragraph 13.03.B of the General Conditions with the following: "B. All quality control and compliance testing of work accomplished will be performed by the Contractor, or designated representative, where specified at no additional cost to the Owner. Where the specifications state that certain tests will be performed by the Owner, these tests will be done at no cost to the Contractor except all tests for work or materials that fail to meet specified requirements shall be . borne by the Contractor and shall be deducted from his progress payments. Where the specifications require that certain materials are to be tested for suitability or in final position by the Contractor, the Contractor shall provide at his own expense by retaining the services of a certified independent testing laboratory. The Engineer will direct where and when tests are performed." SC-14.02.B PROGRESS PAYMENTS - WHOLE OR PARTIAL PAYMENT REFUSAL BY ENGINEER Add the following paragraph 14.02.B.6 to the General Conditions: "6. Engineer may also refuse to recommend the whole or any part of any payment if, in Engineer's opinion, there exists: a. Unsatisfactory progress of the Work; b. Failure to remedy defective Work or materials; c. Disputed Work or materials; d. Failure to comply with material provisions of the Contract Documents; e. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; f. Damage to the Owner; or g. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price." . 00._ .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810-10 6/22/2007 SC-14.02.C PROGRESS PAYMENTS - PAYMENT BECOMES DUE . Delete paragraph 14.02.C.1 of the General Conditions in its entirety and insert the following in its place: "1. The Owner will, upon presentation to him of the Contractor's Application for Payment, with Engineer's recommendation, review and act upon said payment request once each month on or about the day of each month stipulated by the Owner at the preconstruction conference Payment will become due 21 days after the Owner approves the application for payment and will be paid by Owner to Contractor within 30 days after actual receipt of the Application for Payment by Engineer subject to the provisions of Paragraph 14.02.0.1." SC-14.02.D PROGRESS PAYMENTS - FULL PAYMENT REFUSAL BY OWNER Add the following paragraph 14.02.0.1.e. to the General Conditions: "e. there exists: i. ii. iii. iv. v. . vi. vii. Unsatisfactory progress of the Work; Failure to remedy defective Work or materials; Disputed Work or materials; Failure to comply with material provisions of the Contract Documents. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; Damage to the Owner; or The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price." Delete Paragraph 14.02.0.2. of the General Conditions in its entirety and replace it with the following: "2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor written notice (with a copy to Engineer) within 30 days of actual receipt of the Application for Payment by Engineer, stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner may only withhold an amount from a payment that is sufficient to pay the direct expenses that the Owner may reasonably expect will be necessary to correct any problems created by the items listed in Paragraph 14.02.0.1. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action." SC-14.07.B FINAL PAYMENT - REFUSAL BY ENGINEER Add the following sentence to the end of Paragraph 14.07.B.1 of the General Conditions: "Engineer may refuse to recommend final payment if, in Engineer's opinion, there exists: . b. a. Unsatisfactory progress of the Work; Failure to remedy defective Work or materials; OO'd 52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810 - 11 6/22/2007 c. Disputed Work or materials; d. Failure of the Contractor to make timely payment upon request, including but not limited to payment for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties; . e. Damage to the Owner; or f. The existence of reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Price." SC-14.07.C FINAL PAYMENT - PAYMENT BECOMES DUE Delete Paragraph 14.07.C.1. of the General Conditions in its entirety and replace it with the following: "1. Thirty-days (30) days after the Engineer actually receives the final Application for Payment and accompanying documentation, the amount recommended by Engineer (subject to the provisions of Paragraphs 14.02.D. and 14.07.B. of these General Conditions), will become due, and when due will be paid by Owner to Contractor within Twenty one (21) days." SC-16.02 DISPUTE RESOLUTION - MEDIATION Replace Section 16.01 of the General Conditions with the following: 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. Notice of the demand for mediation will be filed in writing with the other party to the Agreement and a copy will be sent . to Engineer for information. Once the other party receives the request for mediation they must notify the requestor if they desire to participate in mediation. If both parties agree to participate in mediation the parties shall establish mutually agreeable rules to abide by during the mediation process. Owner or Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or Laws or Regulations in respect of any dispute that is not agreed upon during mediation. B. Except as provided in paragraph SC-16.02.C. below, no mediation arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other person or entity (including Engineer, Engineer's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the mediation; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the mediation, and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to mediation of any dispute not specifically described in such consent or to mediation with any party not specifically identified in such consent. C. Notwithstanding paragraph SC-16.02.B, if a Claim or counterclaim, dispute or other matter in question between Owner and Contractor involves the Work of a Subcontractor, either Owner or . Contractor may join such Subcontractor as a party to the mediation between Owner and Contractor hereunder. Contractor shall include in all subcontracts required by paragraph GC-6.06.G specific 00... 52713-00 123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810 - 12 6122/2 007 . . . provision whereby the Subcontractor consents to being joined in a mediation between Owner and Contractor involving the work of such Subcontractor. Nothing in this paragraph SC-16.02.C nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against Owner, Engineer or Engineer's Consultants that does not otherwise exist. SC-17.04 SURVIVAL OF OBLIGATIONS ~ STATUTES OF LIMITATIONS Add the following new paragraph immediately after 17.04.A. of the General Conditions: "8. Causes of action between the parties or the Engineer pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run in any and all events not later than the date of final payment to the Contractor. The Contractor shall include this provision in all contracts he enters into with subcontractors, consultants and suppliers who provide any work, products or services for this project." END OF SECTION 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00810. 13 6/22/2007 . r . SECTION 00821 DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE RESIDENT PROJECT REPRESENTATIVE . A. General: 1. RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR RPR shall generally communicate with OWNER with th knowledge of and under the direction of ENGINEER B. Duties and Responsibilities ofRPR: I. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes therof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawings or sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made, and advise ENGINEER of Work the RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe record and report to ENGINEER appropriate details relative to the test procedures and startup. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER 6. Interpretation of Contract documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretations as issued by ENGINEER 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. . 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 00821 - I 612212007 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. Reports: Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. a. Consult with ENGINEER in advance of scheduled major test, inspections or start of important phases or the Work. b. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGIEER Change Orders, Work Directive Changes, and Field Orders. c. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operations Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: a. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. b. Assess completion or correction of items noted under 11.2..12.1, advise ENGINEER on their status, and make recommendation of Engineer regarding issuance of a Certificate of Substantial completion. c. Conduct fmal inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. d. Observe that all items on fmallist have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. C. Resident Project Representative Limitations of Authority: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. 2~ Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontra<;tors or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00821 .2 6/2212007 . . . . . . 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other that CONTRACTOR. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. END OF SECTION 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00821 - 3 6/2212007 . . . SECTION 00830 FEDERAL PREVAILING WAGE RATE DETERMINATION (DAVIS BACON RATES FOR PUBLIC WORKS CONTRACTS IN MONTANA) 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 00830 - 1 5/4/2007 ",, . 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 MONTANA PREVAILING WAGE REQUIREMENTS . Heavv Construction The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-40] 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 18-2-40], 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 . 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 I. Rates to use for Projects................................................ ...........5 . . 3 Heavy Construction - Montana 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. MT20030001 Modification No.14 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 . (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 perfonned. (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the 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 e 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. lIowever, 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 18-2-406, 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 e. 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 . MONTANA STATEWIDE PREVAILING DAVIS-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 . 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 + $4.70 *CEMENT MASONS ZONES: The above cities plus DILLON, GLASGOW, GLENDIVE, SIDNEY . Modification o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Number . Publication Date 06/13/2003 11/07/2003 11/28/2003 01/23/2004 03/05/2004 04/09/2004 05/07/2004 09/10/2004 10/08/2004 04/01/2005 04/08/2005 04/22/2005 OS/27/2005 06/24/2005 09/09/2005 7 Heavy Construction - Montana * CARP0028-002 06/01/2005 . Rates Fringes Carpenters: (Zone 1) Carpenter & Pi1ebuck........$ 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, Musse1shell, 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 ~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 ELEC0768-003 04/01/2005 . Flathead, Lake, And Lincoln Counties Rates Fringes Line Construction (1) Cable Splicer...........$ 30.39 (2) Lineman.................$ 27.97 ( 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-10, 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 . . . 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 LAB00098-001 05/01/2004 . Rates Fringes Laborers: (Zone 1) Group 1..................... $ 14.52 Group 2..................... $ 1 7 . 34 Group 3.....................$ 17.48 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 Haseman; 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 . 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 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 Plumber. . . . . . . . . . . . . . . . . . . . . . . . $ 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 Plumber. . . . . . . . . . . . . . . . . . . . . . . . $ 24.70 9.55 . 14 Heavy Construction - Montana ~ PLUM0459-001 05/01/2004 Flathead, Glacier, Lake, Lincoln, Mineral, Missoula, Ravalli, And Sanders Rates Fringes PI urnbe r. . . . . . . . . . . . . . . . . . . . . . . . $ 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 ( 2 9 C FR 5. 5 ( a ) ( 1 ) ( i i) ) . . 15 Heavy Construction - Montana 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. . ----~-~~-----------~-~--~-~-~~~----~-~~-~~---------------~----~~ -~-----------~----------------------------------------------~--- END OF GENERAL DECISION . . 16 Heavy Construction - Montana . . MISCELLANEOUS FORMS . . . . REQUEST FOR INFORMATION (RFI) PROJECT: Phase 1 Early Out Priority Improvements RFINO.: Bozeman Water Reclamation Facility HDR PROJECT NO.: 00...52713-00123 DATE: HDR Engineering, Inc. Signature Owner Contractor REPLY: DATE: HDR Engineering, Inc. Signature Owner Contractor . . . CHANGE PROPOSAL REQUEST (Not A Change Order) HDR ENGINEERING, INC. Project: Bozeman WFR Phase 1 Early Out Priority Improvements CPR No.: CPR Date: Date Sent to Contractor: Date Rec'd from Contractor: TO: Please furnish your proposal for executing the following changes(s): HDR Date: TO: HDR Engineering, Inc. Proposal: Cost Credit (A time extension is not required for this modification unless otherwise detailed and justified:) Contractor Date TO: Accepted/Not Accepted Accepted/Not Accepted HDR: Date Owner: Date CHANGE ORDER No. DATE OF ISSUANCE EFFECTIVE DATE . OWNER Contract: Project: ENGINEER CONTRACTOR OWNER's Contract No. ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) . CHANGE IN CONTRACT PRICE: 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 CHANGE IN CONTRACT TIMES: I Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. ~ to No. - Substantial Completion: Ready for final payment: ( davs) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (davs 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) RECOMMENDED BY: Date (ENGINEER - Signature) Date . APPROVED BY: OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a un iform 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. . . . . . . Field Order No. Date of Issuance: Effective Date: Project: Owne~s Contract No.: Bozeman WRF Phase 1 Early Out City of Bo~eman Contract: Date of Contract: Contractor: Enginee~s Project No.: 00...52713-00123 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 . . . Work Change Directive No. Date of Issuance: Effective Date: Project: Bozeman WRF Phase 1 Early Out Contract: I Owner: I City of Bozeman Owne~s Contract No.: Date of Contract: Contractor: Enginee~s Project No.: 00...52713-00123 You are directed to proceed promptly with the following change(s): Item No. Description Attachments (list documents supporting change): Purpose for Work Change Directive: D Authorization for Work described herein to proceed on the basis of Cost of the Work due to: D Nonagreement on pricing of proposed change. D Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time. Estimated change in Contract Price and Contract Times: Contract Price $ Contract Time (increase/decrease) (increase/decrease) days If the change involves an increase, the estimated amounts are not to be exceeded without further authorization. Recommended for Approval by Engineer: Date Authorized for Owner by: Date Accepted for Contractor by: Date Approved by Funding Agency (if applicable): Date: . . . ORDER TO CONTRACTOR TO SUSPEND WORK Federal/State Project Number Suspend Work Order No. DATE: HDR Engineering Inc., 00...52713-00123 TO: PROJECT AND LOCATION OWNER: By reason of which renders it impracticable for you to secure specified results on the work required by your contract, you are hereby directed to suspend work (minor operations excepted), at the close of work on " You will resume major operations only when authorized to do so in writing by a Resume Work Order. Under the terms of your contract for the above subject project, Contract Time will (will not) continue to be charged during the period work is suspended. (See General Conditions, Articles 12 and 15 and applicable Supplementary Conditions). calendar days are allowed to complete this project and_ calendar days have been allowed for approved extra and/or additional work. At the close of work on the date specified above, of the calendar days have been used and there remain calendar days in which to complete the contract. Please sign all five copies in the space provided and return them to this office. One approved copy will be returned for your files. CONTRACTOR OWNER Receipt Acknowledged, Date: BY: BY: TITLE: TITLE: Address for Correspondence: cc: HDR Engineering, Inc.. Morrison-Maierle, Inc. . . . ORDER TO CONTRACTOR TO RESUME WORK Federal/State Project Number Resume Work Order No. DATE: HDR Engineering, 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 BY: Receipt Acknowledged, Date: BY: TITLE: TITLE: Address for Correspondence: cc: HDR Engineering, Inc. . . . Contractor's Application and Certificate for Payment Paae 1 of 3 To: Mr. Bob Murray From (Contractor): Dan Harmon City of Bozeman HDR Engineering, Inc. 20 E. Olive 1715 South Reserve, Suite C Bozeman, MT 59715 Missoula, MT 59801 Owne~s Project No.: Contracto~s Project No.: Enginee~s Project No.: 00...52713-00123 For (Contract): AppUcaUon No.: Application Period: Application for Payment Change Order Summary 1. ORIGINAL CONTRACT SUM... ........ .......... ............ ...... ....... ................. Change Orders approved by Owner ~dditions Oed uctions Number Date Approved TOTALS NET CHANGE BY CHANGE ORDERS Contractor's Ce rtification The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the Work covered by this Application for Payment has been compieted in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. ICo",""" By: IDate: FORM IlI-40 15-4 (May 91) Copyright t 991 HDR Engineering, Inc. 2. Net change by Change Orders........ .......... ........ .......... ........................ 3. CONTRACT SUM TO DATE (Line 1t2)................................................ 4. TOTAL COMPLETED AND STORED TO DATE ................................... (Column F on Progress Estimate) 5. TOTAL AMOUNT DUE TO DATE ......................................................... 6. RETAINAGE: . $ 5% of Completed Work and Stored Material (Line 4) .......... .............. 7. AMOUNT ELIGIBLE TO DATE ............................................................. $ 8. LESS PREVIOUS PAYMENTS (Line 8 from prior Certificate) ........... $ 9. AMOUNT DUE THIS APPLICATION..................................................... 10. BALANCE TO FINISH, PLUS RETAINAGE $ (Column G on Progress Estimate). . . . . . . . . . . . . . . . . . . . . . . . . . . Payment Of~ IHDR Engineering, Inc. By: I is recommended. IDale: . . Contractor's Progress Eenate Pace 2 of 3 or (contract): IApplication Number: Appl icali on Period: IApplication Date: A B C I D E' F G Item IScheduled Work Completed Materials Presently ~otal Completed % ~atance torinlsh ~alue Stored (not in C or D) Ian d Sto red to B-F) pate (C+D+E) F (B) Spec. ~eCl. NO. uescnptlon rom I-'revlous his t enoa Application (C+D) lotals FORM III-40 15-4.FRM (Ver 1.1 ]\'fay 91) Copyright 1991 HDR Engineering, Inc. . . Slored Malerial SltJ'lary aqe 0 or l comract): I"'ppllcallon Number: IAPP Ica Ion I-'enoo: I'"'P P lca Ion LJate: nvolce NO. ~~op urawl~ l!'{Iatenals ::;IOrea t-'reVIOUS1Y ;;:norea tnlS Montn In CO rpo ratea In vvarK Ir!la.en.al.s ransmitlal o. Description Remaining in Storage ($) ld1jlle ~mount ~r:nount ::;U0101al IId<;ile f:\moum (MonthNear) $) ($) (MonthNear) ($) . P 3 f3 FORl,,1 IlI-40IS-4.FRM (Ver 1.1 May 91) Copyrighll991 HDR Engineering, me. Certificate of Substantial Completion Project: Bozeman WRF Phase 1 Ear1y Out Improvements lowner. City of Bozeman Contract: Owne~s Contract No.: Date of Contract: Contractor. Enginee~s Project No.: 00...52713 This [tentative] [definitive] Certificate of Substantial Completion applies to: o All Work under the Contract Documents: o The following specified portions: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all- inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided In the Contract Documents except as amended as follows: o Amended Responsibilities 0 Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date . . . . . . CONTRACTOR'S CERTIFICATE AND RELEASE FROM: (Name of Contractor) TO: City of Bozeman 20 E. Olive Bozeman, MT 59715 REFERENCE CONTRACT NUMBER entered into the day of 20 , between the City of Bozeman and of (Name of Contractor) for the purpose of (City) (State) (Type of Operation) within the limits of the City of Bozeman. KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due from and payable by the City of Bozeman 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 City of Bozeman: (a) (b) (c) (d) (Itemize claims and amounts due. If none, so state) 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 City of Bozeman 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 City of Bozeman from any and all claims arising under or by virtue of this Contract, except the amount listed in Paragraph II hereof, provided, however, that if for any reason the City of Bozeman 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 City of Bozeman 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 City of Bozeman may request. Further, in consideration of the payment of the amount stated in Paragraph I hereof, the undersigned agrees to hold the City of Bozeman 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) 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) . . . . lil"1 Shop Drawing Transmittal No. (Spec Section) (Series) Project Name: Bozeman WRF Phase 1 Early Out Priority Improvements Date Received: Project Owner: City of Bozeman Checked By: Contractor: HDR Engineering, Inc. Log Page: Address: Address: HDR No.: 1715 S. Reserve St. Suite C Missoula, MT 59801 Spec Section: Drawing/Detail No.: Attn: Attn: 1st. Sub T ReSub. I Date Transmitted: Previous Transmittal Date: Item No. Description Manufacturer MfrNendor Dwg or Data No. Action Taken' No. Copies Remarks: , The Action Desianated Above is in Accordance with the Followina Leaend: A - Furnish as Submitted B . Furnish as Noted o - Rejected E - Engineer's review not required 1. Submittal not required. 2. Supplemental Information. Submittal retained for informational purposes only. 3. Information reviewed and approved on prior submittal. 4. See comments. C ' Revise and Submit 1. Not enough information for review. 2. No reproducibles submitted. 3. Copies illegible. 4. Not enough copies submitted. 5. Wrong sequence number. 6. Wrong resubmittal number. 7. Wrong spec. section. 8. Wrong form used. 9. See comments. Comments: Distribution: Contractor U I By I Date OtherU FileU Field U Owner U . . . 1il'1 O&M Manual Transmittal No. (Spec Section) (Series) Project Name: Bozeman WRF Phase 1 Early Out Priority Improvements Date Received: Project Owner: City of Bozeman Checked By: Contractor: Owner: City of Bozeman Log Page: Address: Address: HeR No.: 411 East Main Street Bozeman, MT 59715 Attn: Attn: 1st. Sub. I I I ReSub. I I I I I. Date Transmitted: IPrevlous Transmittal Date: I I I I No. Description of Item Manufacturer Dwg. or Data No. Action T aken* Copies Remarks: 1T0: From: HDR Engineering, Inc. Date: . The Action designated above is in accordance with the following legend: A - Acceptable, provide two additional copies and final electronic copy 5. Lubrication & maintenance instructions. 6. Troubleshooting guide. B . Furnish as Noted 7. Parts list and ordering instructions. 8. Organization (index and tabbing). C - Revise and Resubmit 9. Wiring diagrams & schematics specific to installation. This Operation and Maintenance Manual Submittal is deficient in 10. Outline, cross section & assembly diagrams. the following area: 11. Test data & performance curves. 1. Equipment record sheets. 12. Tag or equipment identification numbers. 2. Functional description. 13. Other - see comments. 3. Assembly, disassembly, installation, alignment, adjustment & checkout instructions. o - Rejected 4. Operating instructions. Comments: By Date Dlsllibution: Icontractor I I IFlle I I rield I I jowner I I Other I I . DEACTIVATION REQUEST No. TO: HDR ENGINEERING Request that we have pennission to remove the following described equipment! pipe/conduit from service: Equipment/pipe/conduit name: Shown on Sheet ~ Date requested for deactivation Length of out of service time . Phase Provide xerox copy of Plan Sheet effected equipment . Contractor Date TO: Temporary piping/wiring does not need to be installed to maintain process flow. Scheduled down time will not affect treatment and this equipment/pipeline/wiring is not critical to treatment process. Request approved/denied Bozeman, MT Date . HDR Date . . . Ji)'1 Equipment Record Page 1 of 2 Project Name: Bozeman WRF Phase 1 Early Out Priority Equipment Maintenance Data Summary Equip. Description Date Installed . .1 I ,..' Equip. Location Cost Project Equip. Tag No. Shop Dwg. Trans. No. Equip. Manuf. Manuf. Address Local Vendor ~endor Address BREAK-IN MAINTENANCE REQUIREMENTS (INITIAL OIL CHANGES, ETC.) PREVENTIVE MAINTENANCE REQUIREMENTS PeriNo. RECOMMENDED SPARE PARTS Part Name Quantity Equip. Make Serial No. Model No. HP PH Code Nema Misc. Equip. Make Serial No. Model No. HP TDH PSI Misc. Pege Date Started 1,1-0; Estimated Life Spec. Sec. Phone Phone of D W M Q S A Hours D W M Q S A Hours ELECTRICAL NAMEPLATE DATA V. RPM Ins. CI. CAmb. IDNo. Frame No. Amp. SF Des. Temp. Rise HZ Duly Type Rating MECHANICAL NAMEPLATE DATA RPM Imp. Sz. Assy. No. fDNo. Frame No. Cap. Des. Case No. Lubricant Information on followino oaoe Size CFM . . L, . li1\ Equipment Record Page 2 of 2 Lubrication Summary EnuinmentDescnotion I Proiect Eauip. Tag No. I Paoe of Lubricant Point I Manufacturer Product AGMA # SAE# ISO dl 1 a. ~ 1:' 2 l'l 3 15 " ...J 4 5 Lubricant Point Manufacturer Prod uct AGMA # SAE# ISO dl 1 a. ~ 1:' 2 J~ 3 .0 :J ...J 4 5 LUbricant Point Manufacturer Product AGMA # SAE# ISO <II a. 1 ~ 'E 2 l'l 3 ~ :J ...J 4 5 Lubricant Paint Manufacturer Product AGMA # SAE# ISO ... 1 a. ~ 1:' 2 l'l 3 .C Ll :J ...J 4 5 Lubricant Point Manufacturer Product AGMA # SAE# ISO ... 1 a. ~ 1:' 2 l'l 3 .C Ll :J ...J 4 5 Lubricant Point Manufacturer Product AGMA # SAE# ISO <II a. 1 ~ 1:' 2 l'l 3 -;:; Ll :J ...J 4 5 . . DIVISION 1 GENERAL REQUIREMENTS . . . . ,:(~ .'t' SECTION 01010 SUMMARY OF WORK PART 1 ~ GENERAL 1.1 SUMMARY " 1.2 A. General work included in this section: 1. Furnish all labor, materials, and equipment required in accordance with provisions of the Contract Documents. 2. Completely coordinate with work of all other trades. 3. Although such work may not be specifically indicated, furnish and install all miscellaneous items incidental to or necessary. 4. Coordination of system shutdowns with Owner. 5. Coordination of equipment installation with existing conditions and other trades. B. Related sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division I - General Requirements. WORK COVERED BY CONTRACT A. Work to be performed includes: I. All labor, equipment, and materials for the City of Bozeman WRF Phase I Early Out Priority Improvements Project, generally consisting of the mechanical rehabilitation of existing basin sluice gates, the installation of Owner provided mechanical mixers, including rail, hoist, and mounting equipment, appurtenances, demolition and revision to the existing diffusion well directional baftles on existing Secondary Clarifier No.2, and all other miscellaneous items associated with Work according to the plans and specifications. B. Bid Form: 1. The Bid Form, Section 00301, includes four (4) separate bid items for the project. The work defmed in each Bid Item is described in detail in Section 00301, Article 4.A. 1.3 CONTRACTOR'S USE OF PREMISES A. Contractor shall limit his use of the premises for Work and storage and allow for: 1. Owner occupancy. 2. Uninterrupted operation of existing adjacent facilities. B. Coordinate use of premises under direction of Owner. C. Contractor assumes full responsibility for the protection and safekeeping of products and materials Contractor has stored on or off of the site. D. Contractor shall move any stored products, or materials, under Contractor's responsibility, which interfere with operations of Owner or separate contractor/subcontractor. E. Contractor shall obtain and pay for the use of any additional storage or work areas if needed for Contractor operations. F. Contractor shall confine all materials and equipment to the areas as shown on the plans. G. Contractor shall restore any areas used for materials storage, trailers, offices, equipment storage, or employee and subcontractor parking to their original condition or better. 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 01010 - I 6/6tl007 H. Contractor shall provide necessary temporary covers and safety items to prevent materials and tools from unintentionally falling into the basins. In the event equipment, tools, or other materials unintentionally fall into the active basins, Contractor shall notify the Owner immediately and retrieve the item(s) at Owner's direction. 1.4 WORK SEQUENCE . A. Construct work in stages to allow for the Owner's continuous operation of adjacent wastewater treatment facilities. Coordinate construction schedule and operations with the Owner. The Contractor shall plan, schedule, and coordinate his construction operations and activities in a manner that will facilitate the progress of the work included in these Contract Documents. Since there is considerable interfacing with the Owner's operating staff, it is imperative that the Contractor work closely in the preparation of the schedule. B. General: Following is a suggested general work sequence for the construction of critical work items. The sequence is intended to achieve the goal of continuous use of the affected facilities except for specifically described shutdowns. Work elements shown are not necessarily on a critical path and may be done simultaneously. Critical work elements shown are not necessarily complete and others may occur as the Work proceeds. The Contractor shall submit a detailed work sequence schedule to accomplish the Work in accordance with Section 01060. All facilities are to be considered operational at all times unless specifically designated for shutdown in the following sequence. Shutdown periods are consecutive 7 -day weeks, 24-hour periods, workday hours, or otherwise shown. The Owner will oerform activities that are underlined. All other activities shall be performed by the Contractor as part of the approved work sequence schedule. Special emphasis items have been shown in bold type. Installation of equipment shall also include startup activities as specified in Section 01650. 1. Sluice Gate Removal, Rehabilitation and Replacement (Bid Item No.1): a. The Contractor, per plans and specifications, shall have all of the necessary equipment, materials and facility on site prior to draining and performing work within the aeration basin cells. b. Once the Contractor has the above mentioned equipment, materials and facility on site, the Contractor shall coordinate the drainin~ and bv pass influent flow to other aeration cells by the Owner. It shall be assumed dewaterine: ofthe basin cell pairs shall take a single calendar-day to complete bv the Owner. c. The aeration cells shall be drained in the following order. two at a time: Aeration Cells No.1 & 2, No.2 & 3 and NO.3 & 4 in a clock wise or similar fashion. d. Once ~e aeration cells have been drained, the Contractor shall perform the necessary work according to Bid Item No.1, and the necessary parts of work according to Bid Item No.2, for the installation of the mixer mounting equipment, which includes the rail, hoist and mounting brackets prior to refilling the aeration cells. e. The Contractor shall provide, maintain and operate the necessary pumping equipment for the removal of the wash down water and aeration cell leaks. The Contractor shall coordinate the discharge location with the Owner prior to performing the said work. f. The Contractor shall coordinate with all other trades. 2. Installation of Owner provided Aeration Basin Mixers and Associated Mounting, Rail and Hoist Equipment (Bid Item No.2): a. The Contractor, per plans and specifications, shall have all of the necessary equipment, materials and facility on site prior to draining and performing work within the aeration cells. The Contractor shall fully protect the existing aeration basin diffuser air grid and aeration diffusers. b. Ot).ce the Contractor has the above mentioned equipment, materials and facility on site and in accordance with Section 01011, the Contractor shall coordinate the draining and bv pass influent flow to other aeration cells with the Owner. . . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01010-2 6/6/2007 . . . c. The aeration cells shall be drained in the following order; two at a time: Aeration Cells No. 1 & 2, No.2 & 3 and No.3 & 4 in a clock wise or similar fashion. The Contractor is encouraged to complete the Bid Items No.2 work concurrent with the work associated with Bid Item No.1. It shall be assumed dewatering of the basin cell pairs shall take a single calendar-day to comolete bv the Owner. d. Once the aeration cells have been drained, the Contractor shall perform the necessary work according to Bid Item No.1 and the necessary parts of work according to Bid Item No.2 for the installation of the mixer mounting equipment, which includes the rail, hoist and mounting brackets prior to refilling the aeration cells. Once the cells have been rehabilitated, the Contractor shall coordinate the arrival and training date and installation ofthe mixers with the Owner, in accordance with Section 01011, so that the Owner's electrician can install and route the necessary controls and power for the mixers. The Contractor shall allow enough time for the Owners electrician to install the necessary power and controls. e. The Contractor shall provide, maintain and operate the necessary pumping equipment for the removal of the wash down water and precipitation or minor aeration cell leak. The Contractor shall coordinate the discharge location with the Owner prior to performing the said work. f. The Contractor shall coordinate with all other trades. 3. Modifications and Improvements to Secondary Clarifier No.4 Mechanism Influent Diffusion Well Distribution Baffles (Bid Item No.3): a. The Contractor, per specification, shall have all of the necessary equipment, materials and facility on site prior to draining and performing work within the Secondary Clarifier No.4. b. Once the Contractor has the above mentioned equipment, materials and facility onsite, the Contractor shall coordinate the draining and bypass of the clarifier by the Owner. 4. General Conditions (Bid Item No.4): a. This work, according to Bid Item No.4, includes the Contractor's mobilization/demobilization, taxes insurance, permits and all other work not specifically defmed in the other Bid Items for a complete and operable facility. C. The Contractor shall schedule and coordinate all work to be completed by the number of days provided in the Agreement. D. Contractor shall not close any lines, open valves, or take any other action which would affect the operation of existing systems. Modifications of operations of existing systems will be performed by Owners operations staff only. Such actions will be considered by the Owner upon 5 working days written notice to the Owner. E. Any existing plant equipment, facilities, and appurtenances, such as water lines, gas lines, electrical cables, sludge lines, structures, vehicles, etc., which are damaged by the Contractor during construction, even though inadvertently, will be repaired immediately by Contractor at his own expense. F. Contractor shall conduct all on-site work during regular working hours which are defmed as weekdays, 7:00 a.m. to 7:00 p.m., holidays excluded. Contractor may apply to work outside of regular working hours as provided in the General Conditions. 1.5 OWNER OCCUPANCY A. Owner will occupy the premises during the entire period of construction for the conduct of normal operations. 1.6 SUBSTANTIAL COMPLETION A. For the purposes of establishing when the Project is substantially complete and suitable for its intended purpose, the following functional components and work elements shall be completed: I. All work inspected per the plans and specifications. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01010 - 3 6/6/2007 B. Final completion of total project: Additional work elements that shall be completed include: I. Any required repairs to Contractor staging and storage areas. 2. Clean up. 3. Items outlined within Section 00500. . 1.7 REGULATORY REQUIREMENTS A. Comply with all Federal, State, and local laws, regulations, codes, and ordinance applicable to the Work. B. References in the Contract Documents to local codes shall mean State of Montana and City of Bozeman, MT. C. Other standards and codes that apply to the Work are designated in the Specifications. 1.8 ACCESS BY GOVERNMENT OFFICIALS A. Authorized representatives of governmental agencies shall at all times have access to the Work where it is in preparation or progress. Contractor shall provide proper facilities for access and inspection. 1.9 EASEMENTS AND RIGHTS-OF-WAY A. Confine construction operations to the immediate vicinity of the Bozeman Water Reclamation Facility and use due care in placing construction tools, equipment, and supplies, so as to cause the least possible damage to property and interference with traffic. 1.10 PROTECTION OF PUBLIC AND PRIVATE PROPERTY A. Restore to their original condition, pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with sod and shrubs, in yards and parking areas, whether within or outside the easement. . B. Use new materials for replacements of all items. C. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, that may be caused by transporting equipment, materials, or workers to or from the Work or any part or site thereof, whether by Contractor or Contractor's subcontractors or suppliers. D. Make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, any damaged property concerning its repair, replacement, or payment of costs incurred in connection with the damage. E. Keep fire hydrants and water control valves free from .obstruction and available for use at all times. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED) END OF SECTION . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01010 - 4 6/612007 . SECTION 01011 OWNER FURNISHED EQUIPMENT PART 1 ~ GENERAL 1.1 SUMMARY A. General work included in this section: 1. Unloading, storage, assembly and installation offour (4) aeration basin mixers and associated equipment purchased by the Owner under a separate equipment procurement contract. Work shall include coordination and scheduling of manufacturer's field services for equipment. B. Related Sections include but are not necessarily limited to: 1. Division O. 2. Division 1. 1.2 DELIVERY A. The suppliers for the equipment procurement contract are expected to deliver equipment to the site and perform special services in accordance with the following schedule. 1. Schedule for: a. Aeration Basin Mixers Event No Earlier Than No Later Than . Deliver mixer guide rails and in-basin supports Deliver mixers and associated hoists to Site Perform Manufacturer's Field Services July 21,2007 August 15,2007 July 21, 2007 August 22, 2007 August 27,2007 August 31, 2007 B. Immediately on delivery of the equipment, Contractor, Owner, and Engineer shall inspect shipment to assure compliance with the Contract Documents and accepted submittals, and that products are properly protected and undamaged: 1. Contractor and Owner shall agree in writing to conditions of delivery. 2. All parts and equipment shall be delivered to the Bozeman Water Reclamation Facility. a. Deliveries must be made between 8:00 am and 3:00 pm on weekdays. b. No deliveries on holidays. 1.3 UNLOADING A. Contractor shall unload all Owner purchased parts and equipment associated with the aeration basin mixers: 1. Owner shall give Contractor a minimum of24 hours notice as to the time of delivery. 2. Owner shall inform Contractor of the type of equipment required to unload the parts and equipment prior to delivery. 3. Contractor shall unload parts and equipment within 24 hours of the time of delivery (does not include weekends or holidays): a. Owner shall pay for all delivery truck and driver's time except that due to Contractor's failure to unload equipment within 24 hours oftime of delivery. b. Contractor shall pay for additional delivery truck and driver's time resulting from . Contractor's failure to unload parts and equipment within 24 hours of time of delivery. c. Goods shall be delivered between 8:00 am and 3:00 pm, Monday through Friday. . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Mixer Procurement 01011 -1 6/22/2007 1.4 STORAGE A. Contractor shall store all parts and equipment in accordance with the requirements of specification section 01600. B. Contractor shall remove from on~site storage, unpack, assemble, and install equipment in accordance with the manufacturer's instructions. 1.5 INSTALLATION A. Contractor shall install all parts and equipment in accordance with the contract documents and the equipment manufacturer's instructions: 1. Shop drawings for equipment covered by this section will be supplied by the Owner. 2. Digester gasholder cover equipment as defmed on the Contract Drawings shall be installed by the Procurement Contractor. 1.6 FIELD QUALITY CONTROL A. Inspect delivery: 1. Contractor, Owner, and Engineer shall inspect all goods associated with the equipment upon delivery. 2. All products that are damaged, used, or in any other way unsatisfactory for use on the project shall be rejected. 3. Immediately upon delivery the Procurement Contractor or authorized representative thereof shall inspect and certifY that equipment has been stored in accordance with the manufacturer's instructions: a. Contractor shall immediately remedy deficiencies until storage is certified. B. Manufacturer's Field Services: 1. Contractor shall assist the Owner in scheduling manufacturer's field services within the time frame specified in this section: a. Site visits to be between 8:00 a.m. and 4:00 pm, Monday through Friday. b. Contractor shall provide 10 days written request to Owner for manufacturer's field services. 2. Owner shall pay for manufacturer's field representative to provide the following services: a. Inspect, check, and adjust equipment as required and approve installation. b. Be present when equipment is placed in operation. c. Check for proper operation. d. Check for motor overloads by measuring amperage and voltage on each phase. 3. The cost of additional site visits or rescheduling of site visits due wholly or in part to deficiencies in the Contractor's work or scheduling shall be paid for by Contractor: a. The Owner shall deduct from any payments due Contractor the cost of such visits, and a change order shall be issued reducing the contract amount. END OF SECTION 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Mixer Procurement 01011 - 2 6/22/2007 . . . . . . SECTION 01035 ENVIRONMENTAL HAZARD INFORMATION PART 1 - GENERAL 1.1 SUMMARY 1.2 A. This Section provides information on known environmental hazards identified as being present, or potentially present, in the reservoirs. B. Environmental hazards identified include municipal biological wastewater. MUNICIPAL BIOLOGICAL WASTEWATER A. Execution' 1. General a. Conduct the work in strict compliance with Federal, Montana, and local regulations governing worker protection. 2. Compliance Program a. Develop a written Compliance Program to establish and implement practices and procedures for protecting the health of those employees exposed to municipal waste water. This program is in addition to other OSHA hazard communication and general safety and health requirements of the project. Revise and update the program if changes in conditions result in new or increased worker exposures or modifications in the control practices. b. IdentifY the methods of compliance that will be used to reduce worker exposures to municipal wastewater. c. Confmn that regular inspections of the work area will be made by a competent person. IdentifY the project competent person by name in the compliance program and indicate the frequency of inspections that will be undertaken, not to be less than daily. 1) All labeling, marking, and placarding is the responsibility of the Contractor. B. Control of Noise: 1. Control noise by fitting equipment with appropriate mufflers. 2. The maximum noise level at the project fence is 80 dB. C. Completion of Work: 1. Upon completion of work, leave area in a clean, natural looking condition. 2. Ensure all signs oftemporary construction and activities incidental to construction of required permanent work are removed. END OF SECTION 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01035 - 1 5/1612007 . SECTION 01060 SPECIAL CONDITIONS PART 1 - GENERAL 1.1 PRE CONSTRUCTION CONFERENCE A. A preconstruction conference shall be held at the Bozeman WRF, 255 Moss Bridge Road, Bozeman, Montana, Control Room, after award of Contract. 1. Engineer will notify the Contractor as to the date and time of the conference two (2) weeks in advance of the proposed date. 2. Contractor's Project Manager and Project Superintendent and Contractor's Subcontractor Representatives shall attend. 1.2 CONTRACTOR'S SUPERINTENDENT'S FIELD OFFICE . A. Establish at site of Project. B. Equipment: Telephone, telecopy, mailing address, and sanitary facilities. C. Assure attendance at this office during the normal working day. D. At this office, maintain complete field file of Shop Drawings, posted Contract Drawings and Specifications, and other files offield operations including provisions for maintaining "As Recorded Drawings." E. Remove field office from site upon acceptance of the entire work by the Owner. 1.3 DRAWINGS AND CONTRACT DOCUMENTS FOR CONTRACTOR USE A. Refer to General Conditions. B. Contractor shall pick up all "no-charge" documents within 10 days from date of Notice to Proceed. C. Additional documents after "no-charge" documents will be furnished to Contractor at cost. 1.4 TESTING A. Required testing, testing procedures, reports, certificates, and costs associated with all phases of securing required satisfactory test information which may be required by individual sections of Specifications or Drawings are the full responsibility of the Contractor. 1.5 ORDER OF CONSTRUCTION AND CONSTRUCTION SCHEDULE . A. Construction operations will be scheduled to allow the Owner uninterrupted operation of existing adjacent facilities. 1. Coordinate connections with existing work to ensure timely completion of interfaced items. B. At no time shall Contractor or his employees modify operation of the existing facilities or start construction modifications without approval of the Owner except in emergency to prevent or minimize ,damage. ,IIi:. ". C. Within 10 days after award of Contract, submit for approval a critical path type schedule. 1. Account for schedule of Subcontracts. 2. Include proper sequence of construction, various crafts, purchasing time, Shop Drawing approval, material delivery, equipment fabrication, startup, demonstration, and similar time consuming factors. 3. Show on schedule as a minimum, earliest starting, earliest completion, latest starting, latest finish, and free and total float for each task or item. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01060 -1 5/16/2007 D. Evaluate schedule no less than monthly. 1. Update, correct, and rerun schedule and submit to Engineer in triplicate with pay application to show rescheduling necessary to reflect true job conditions. 2. When shortening of various time intervals is necessary to correct for behind schedule conditions, indicate actions to implement to accomplish work in shorter duration. 3. Information shall be submitted to Engineer in writing with revised schedule. 1.6 PROJECT MEETINGS . A. Construction Meetings: 1. The Engineer will conduct construction meetings involving: a. Contractor's project manager. b. Contractor's project superintendent. c. Owner's designated representative(s). d. Engineer's designated representative(s). e. Contractor's subcontractors as appropriate to the work in progress. f. Owner's Construction Quality Control Consultant. 2. Meetings will be conducted every two (2) weeks. 3. The Engineer will take meeting minutes and submit copies of meeting minutes to participants and designated recipients identified at the Preconstruction Conference. a. Corrections, additions or deletions to the minutes shall be noted and addressed at the following meeting. 4. The Engineer will schedule meetings for most convenient time frame. 5. The Engineer will have available at each meeting full chronological files of all previous meeting minutes. 6. The Contractor shall have available at each meeting up-to-date record drawings. B. Pre-Installation Conferences: I. Coordinate and schedule with Resident Project Representative and Engineer for each material, product or system specified. a. Conferences to be held prior to initiating installation, but not more than one (I) week before scheduled initiation of installation. b. Review manufacturers recommendations and Contract Documents Specifications. 2. Contractor's Superintendent and individual who will actually act as foreman ofthe installation crew (installer), if other than the Superintendent, shall attend. 1.7 SPECIAL CONSIDERATIONS . A. Contractor shall be responsible for negotiations of any waivers or alternate arrangements required to enable transportation of materials to the site. B. Maintain conditions of access road to site such that access is not hindered as the result of construction related deterioration. 1.8 TEMPORARY UTILITIES A. Power: 1. Contractor shall arrange for temporary power service to the Contractor's field offices and to Contactor's storage sheds 2. Equipment testing: a. Owner will pay for energy. b. Contractor to pay all costs for temporary wiring, if needed. B. Water: 1. Provide all water required for construction purposes, except as otherwise indicated. 2. Provide all drinking water required by personnel. Pay all costs. C. Sanitary Facilities 1. Provide sanitary facilities. a. As required by law and regulations. . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01060 -2 5/16/2007 . . . b. No less than one each (men and women) facility for every ten employees of Contractor and Subcontractors at site. c. Service, clean and maintain facilities and enclosures. D. Telephone: 1. Provide temporary telephone services for Contractor's needs during performance of this contract. Pay all installation and removal costs for temporary telephone service. Pay all monthly charges and other fees. 1.9 DESIGN CONDITIONS A. Seismic zone: IBC 2002,3. B. Wind load: 50 LBS/SF. C. Average site elevation: 4608. D. Outside air temperature: 1. ~20 DegF minimum. 2. 100 DegF maximum. PART 2 ~ PRODUCTS ~ (NOT APPLICABLE TO THIS SECTION) PART 3 - EXECUTION ~ (NOT APPLICABLE TO THIS SECTION) END OF SECTION 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 01060 -3 5/16/2007 . . . SECTION 01150 MEASUREMENT AND PAYMENT PART 1 - APPLICATIONS FOR PAYMENT 1.1 GENERAL A. Submit applications for payment to Owner in accordance with the schedule established by Conditions of the Contract and Agreement between Owner and Contractor. B. Additional requirements specified elsewhere: 1. Lump Sum Price: Agreement. 2. Progress Payments, Retainages, and Final Payment: Conditions of the Contract and Agreement. 3. Schedule of Values: Section 01370. 1.2 FORMAT AND DATA REQUIRED A. Submit applications typed on attached Contractor's Application and Certificate of Payment, or a similar form, with itemized data typed on 8-1/2 inches x 11 inches white paper continuation sheets. B. Provide itemized data on continuation sheet: 1. Format, schedules, line items, and values: Those of the Schedule of Values. 1.3 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application form: 1. Fill in required information, including that for Change Orders executed prior to the date of submittal application. 2. Fill in summary of dollar values to agree with the respective totals indicated on the continuation sheets. 3. Execute certification with the signature of a responsible officer of the Contractor's firm. B. Continuation sheets: 1. Fill in total list of all scheduled component items of Work, with item number and the scheduled dollar value for each item. 2. Fill in the dollar value in each column for each scheduled line item when work has been performed or products stored, rounding off values to nearest dollar. 3. List each Change Order executed prior to the date of submission at the end of the continuation sheets. a. List by Change Order number and description, as for an original component item of work. 1.4 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When Owner requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1. Proj\l,yt. 2. Application number and date. 3. Detailed list of enclosures. 4. For stored products: a. Item number and identification as shown on application. b. Description of specific material stored at the site (upon verification of payment from supplier). B. Submit one copy of data and cover letter for each copy of application. 00, ..52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01150 - 1 5/1612007 1.5 PREPARATION OF APPLICATION FOR FINAL PAYMENT . A. Fill in application form as specified for progress payments. 1.6 SUBMITTAL PROCEDURE A. Applications for payment must be agreed upon by the Contractor and Owner and submitted to Owner on or before the first Monday of each month. If statement is not received in final form prior to this date, the application may not be processed until the following payment period. B. Number: Five (5) copies of each application. C. When Owner finds the application properly completed and correct, he will finalize a Certificate for Payment, with a copy to Contractor. PART 2 - PART 2 - PRODUCTS (NOT USED) PART 3 - PART 3 . EXECUTION (NOT USED) END OF SECTION . . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01150 - 2 5116/2007 . . . SECTION 01340 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY 1.2 A. Section Includes: 1. Mechanics and administration of the submittal process for: a. Shop Drawings. b. Samples. c. Miscellaneous submittals. d. Operation and Maintenance Manuals. 2. General content requirements for Shop Drawings. 3. Content requirements for Operation and Maintenance Manuals. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Sections in Divisions 2 through 16 identifying required submittals. DEFINITIONS 1.3 A. Shop Drawings: 1. See General Conditions. 2. Product data and samples are Shop Drawing information. B. Operation and Maintenance Manuals (O&M Manuals): 1. Data collected for the Owner's use. 2. Contain information related to the operation and maintenance of equipment and packaged systems. C. Miscellaneous Submittals: 1. Submittals other than Shop Drawings and O&M Manuals. 2. Representative types of miscellaneous submittal items include but are not limited to: a. Construction schedule. b. Concrete, soil compaction, and pressure test reports. c. HV AC test and balance reports. d. Installed equipment and systems performance test reports. e. Manufacturer's installation certification letters. f. Instrumentation arid control commissioning reports. g. Warranties. h. Service agreements. i. Construction photographs. j. Survey data. k. Cost breakdown (Schedule of Values). SUBMITTAL SCHEDULE A. Schedule of Shop Drawings: 1. Submitted and approved within 30 days of receipt of Notice to Proceed. 2. Account for multiple transmittals under any specification section where partial submittals will be transmitted. B. Shop Drilwings: Submittal and approval,Jj'rior to construction. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01340 - 1 5/16/2007 C. Operation and Maintenance Manuals and Equipment Record Sheets: Initial submittal within 30 days after date Shop Drawings are approved. 1.4 PREPARATION OF SUBMITTALS . A. General: I. All submittals and all pages of all copies of a submittal shall be completely legible. 2. Submittals which, in the Engineer's sole opinion, are illegible will be returned without review. B. Shop Drawings: 1. Scope of any submittal and letter of transmittal: a. Limited to one specification section. b. Do not submit under any specification section entitled (in part) "Basic Requirements" unless the product or material submitted is specified in a "Basic Requirements" section. 2. Numbering letter of transmittal: a. Include as prefix the specification section number followed by a series number, "-xx", beginning with "0 I" and increasing sequentially with each additional transmittal. b. If more than one submittal under any specification section, assign consecutive series numbers to subsequent transmittal letters. 3. Describing transmittal contents: a. Provide listing of each component or item in submittal capable of receiving an independent review action. b. IdentifY for each item: 1) Manufacturer and Manufacturer's drawing or data number. 2) Contract Document tag number(s). 3) Unique page numbers for each page of each separate item. c. When submitting "or-equal" items that are not the products of named manufacturers, include the words "or-equal" in the item description. 4. Contractor stamping: a. General: 1) Contractor's review and approval stamp shall be applied either to the letter of transmittal or a separate sheet preceding each independent item in the submittal. a) Contractor's signature and date shall be original ink signature. b) Shop Drawing submittal stamp shall read "(Contractor's Name) has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval as stipulated under General Conditions Paragraph 6.17D." c) Letters of transmittal may be stamped only when the scope of the submittal is one item. 2) Submittals containing multiple independent items shall be prepared with an index sheet for each item listing the discrete page numbers for each page of that item, which shall be stamped with the Contractor's review and approval stamp. a) Individual pages or sheets of independent items shall be numbered in a manner that permits Contractor's review and approval stamp to be associated with the entire contents of a particular item. b. Electronic stamps: 1) Contractor may electronically embed Contractor's review and approval stamp to either the letter of transmittal or a separate index sheet preceding each independent item in the submittal. 2) Contractor's signature and date on electronically applied stamps shall be original ink signature. 5. Resubmittals: a. Number with original root number and a suffix letter starting with "A" on a (new) duplicate transmittal form. b. Do not increase the scope of any prior transmittal. c. Account for all components of prior transmittal. . . 00.. .52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 01340.2 5/1612007 . 1) Ifitems in prior transmittal received "A" or "B" Action code, list them and indicate "A" or "B" as appropriate. a) Do not include submittal information for items listed with prior "A" or "B" Action in resubmittal. 2) Indicate "Outstanding-To Be Resubmitted At a Later Date" for any prior "C" or "D" Action item not included in resubmittal. a) Obtain Engineer's approval to exclude items. 6. For 8-1/2 x 11 IN, 8-1/2 x 14 IN, and 11 x 17 IN size sheets, provide three (3) copies of each page for Engineer plus the number required by the Contractor. a. The number of copies required by the Contractor will be defmed at the Preconstruction Conference, but shall not exceed 5. b. All other size sheets: 1) Submit one (1) reproducible transparency or high resolution print and one (1) additional print of each drawing until approval is obtained. 2) Utilize mailing tube; do not fold. 3) The Engineer will mark and return the reproducible to the Contractor for his reproduction and distribution. 7. Provide clear space (3 IN SQ) for Engineer stamping of each component defined in PREPARATION OF SUBMITTALS - Contractor Stamping. 8. Contractor shall not use red color for marks on transmittals. a. Duplicate all marks on all copies transmitted, and ensure marks are photocopy reproducible. b. Outline Contractor marks on reproducible transparencies with a rectangular box. 9. Transmittal contents: a. Coordinate and identify Shop Drawing contents so that all items can be easily verified by the Engineer. b. Identify equipment or material use, tag number, drawing detail reference, weight, and other project specific information. c. Provide sufficient information together with technical cuts and technical data to allow an evaluation to be made to determine that the item submitted is in compliance with the Contract Documents. d. Submit items such as equipment brochures, cuts of fixtures, product data sheets or catalog sheets on 8-1/2 x II IN pages. 1) Indicate exact item or model and all options proposed. e. When a Shop Drawing submittal is called for in any specification section, include as appropriate, scaled details, sizes, dimensions, performance characteristics, capacities, test data, anchoring details, installation instructions, storage and handling instructions, color charts, layout drawings, rough~in diagrams, wiring diagrams, controls, weights and other pertinent data in addition to information specifically stipulated in the specification section. 1) Arrange data and performance information in format similar to that provided in Contract Documents. 2) Provide, at minimum, the detail specified in the Contract Documents. f. If proposed equipment or materials deviate from the Contract Drawings or Specifications in any way, clearly note the deviation and justify the said deviation in detail in a separate letter immediately following transmittal sheet. 10. Samples: a. Identification: 1) Identify sample as to transmittal number~ manufacturer, item, use, type, project designation, tag number, standard specification section or drawing detail reference, color, range, texture, fmish and other pertinent data. 2) If identifying information cannot be marked directly on sample without defacing or adversely altering samples, provide a durable tag with identifying information securely attached to the sample. b. Include application specific brochures, and installation instructions. . . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01340-3 5/16/2007 c. Provide Contractor's stamp of approval on samples or transmittal form as indication of Contractor's checking and verification of dimensions and coordination with interrelated work. d. Resubmit samples ofrejected items. C. Miscellaneous Submittals: 1. Prepare in the format and detail specified in specification requiring the miscellaneous submittal. D. Operation and Maintenance Manuals: 1. Number transmittals for Operation and Maintenance Manual with original root number of the approved Shop Drawing for the item. 2. Submittal format: a. Interim and final submittals: 1) Submit electronically on Compact Disk (CDROM) in Portable Document Format (PDF). 2) Each manual shall have a Table of Contents or Index with each listed item linked to its corresponding topic. 3) All pages within the PDF document are to be generated at actual size for optimal resolution quality (Le., 22 IN x 34 IN drawings rendered as such, etc.). 4) Ensure all pages are rotated properly so that the majority ofthe text or drawing border is upright on the screen. 5) Do not password protect and/or lock the PDF document. 6) Submit two (2) paper copies. b. Final submittals: 1) Ensure that all comments and annotations that are made on the interim submittals are addressed. 3. Identify resubmittals with the original number plus a suffix letter starting with "A." 4. Paper copy submittals: a. Submit Operation and Maintenance Manuals printed on 8w 1/2 x 11 IN size heavy first quality paper with standard three-hole punching and bound in stiff metal hinged binder constructed as a three-ring style. 1) Provide binders with titles on front and on spine of binder. 2) Tab each section of manuals for easy reference with plastic-coated dividers. 3) Provide index for each manual. 4) Provide plastic sheet lifters prior to first page and following last page. b. Reduce drawings or diagrams bound in manuals to an 8-1/2 x 11 IN or 11 x 17 IN size. 1) However, where reduction is not practical to ensure readability, fold larger drawings separately and place in vinyl envelopes which are bound into the binder. 2) Identify vinyl envelopes with drawing numbers. 5. Transmittal contents: a. Submission of Operation and Maintenance Manuals is applicable but not necessarily limited to: 1) Major equipment. 2) Equipment used with electrical motor loads of 1/6 HP nameplate or greater. 3) Specialized equipment including valves and instrumentation and control system components for HV AC and process systems such as meters, recorders, and transm itters. 4) Valves greater than 12 IN DIA. 5) Water control gates. b. Operation and maintenance manuals shall include, but not necessarily be limited to, the following detailed information, as applicable: 1) Equipment function, normal operating characteristics, limiting operations. 2) Assembly, disassembly, installation, alignment, adjustment, and checking instructions. 3) Operating instructions for start-up, routine and normal operation, regulation and control, shutdown, and emergency conditions. . . . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01340 - 4 5/16/2007 . 4) Lubrication and maintenance instructions. 5) Guide to "troubleshooting." 6) Parts list and predicted life of parts subject to wear. 7) Outline, cross~section, and assembly drawings; engineering data; and electrical diagrams, including elementary diagrams, wiring diagrams, connection diagrams, word description of wiring diagrams and interconnection diagrams. 8) Test data and performance curves. 9) As-constructed fabrication or layout drawings and wiring diagrams if different than approved Shop Drawings. 10) A list of recommended spare parts with a price list and a list of spare parts provided under these Specifications. 11) Copies of installation instructions, parts lists or other documents packed with equipment when delivered. 12) Instrumentation or tag numbers relating the equipment back to the Contract Documents. 13) Include a filled-out, type-written copy ofthe Equipment Record Sheet, Exhibits Cl and C2 as the first page(s) of each Operation and Maintenance Manual. a) Complete maintenance requirements in detail. Simple reference to the Manual is not acceptable. 14) For equipment items involving components or subunits, an Equipment Record Sheet for each operating component or subunit is required. TRANSMITTAL OF SUBMITTALS 1.5 A. Shop Drawings, Samples and Operation and Maintenance Manuals: 1. Transmit all submittals to: . HDR 1715 South Reserve Street, Suite C Missoula, MT 59801 Attn: Dan Harmon P.E. 2. Utilize two (2) copies the Shop Drawing Transmittal Form to transmit all Shop Drawings and samples. 3. Utilize two (2) copies ofthe O&M Manual Transmittal Form to transmit all Operation and Maintenance Manuals. 4. All submittals must be from Contractor. a. Submittals will not be received from or returned to subcontractors. b. Operation and Maintenance Manual submittal stamp may be Contractor's standard approval stamp. 5. Provide submittal information defining specific equipment or materials utilized on the project. a. Generalized product information, not clearly defining specific equipment or materials to be provided, will be rejected. B. Miscellaneous Submittals: 1. Transmit under Contractor's standard letter of transmittal or letterhead. 2. Submit in triplicate or as specified in individual specification section. 3. Transmitto: . HDR 1715 South Reserve Street, Suite C Missoula, MT 59801 Atln: Dan Harmon P.E. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01340 - 5 5/16/2007 4. Provide copy ofletter of transmittal without attachments to Engineer's Resident Project Representative. C. Expedited Return Delivery: 1. Include prepaid express envelope or airbill in submittal transmittal package for any submittals Contractor expects or requires express return mail. 2. Inclusion of prepaid express envelope or airbill does not obligate Engineer to conduct expedited review of submittal. D. Electronic submittals will not be accepted. E. Fax Transmittals: 1. Permitted on a case-by-case basis to expedite review when approved by Engineer. 2. Requires hard copy transmittal to immediately follow. a. Engineer will proceed with review of fax transmittal. b. Engineer's approval or rejection comments will be recorded and returned on hard copy transmittal. 3. Provisions apply to both: a. Initial transmittal contents. b. Supplemental information required to make initial transmittal contents complete. 1.6 ENGINEER'S REVIEW ACTION . A. Shop Drawings and Samples: 1. Items within transmittals will be reviewed for overall design intent and will receive one of the following actions: a. A - FURNISH AS SUBMITTED. b. B - FURNISH AS NOTED (BY ENGINEER). c. C - REVISE AND RESUBMIT. d. D - REJECTED. e. E - ENGINEER'S REVIEW NOT REQUIRED. 2. Submittals received will be initially reviewed to ascertain inclusion of Contractor's approval stamp. a. Submittals not stamped by the Contractor or stamped with a stamp containing language other than that specified herein will not be reviewed for technical content and will be returned without any action. 3. In relying on the representation on the Contractor's review and approval stamp, Owner and Engineer reserve the right to review and process poorly organized and poorly described submittals as follows: a. Submittals transmitted with a description identifying a single item and found to contain multiple independent items: 1) Review and approval will be limited to the single item described on the transmittal letter. 2) Other items identified in the submittal will: a) Not be logged as received by the Engineer. b) Be removed from the submittal package and returned without review and comment to the Contractor for coordination, description and stamping. c) Be submitted by the Contractor as a new series number, not as are-submittal number. b. Engineer, at Engineer's discretion, may revise the transmittal letter item list and descriptions, and conduct review. 1) Unless Contractor notifies Engineer in writing that the Engineer's revision of the transmittal letter item list and descriptions was in error, Contractor's review and approval stamp will be deemed to have applied to the entire contents of the submittal package. 4. Submittals returned with Action "A" or "B" are considered ready for fabrication and installation. . . 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 01340 - 6 5/16/2007 . a. If for any reason a submittal that has an "A" or "B" Action is resubmitted, it must be accompanied by a letter defining the changes that have been made and the reason for the resubmittal. b. Destroy or conspicuously mark "SUPERSEDED" all documents having previously received "A" or "B" Action that are superseded by a resubmittal. 5. Submittals with Action "A" or "B" combined with Action "C" (Revise and Resubmit) or "D" (Rejected) will be individually analyzed giving consideration as follows: a. The portion ofthe submittal given "C" or "D" will not be distributed (unless previously agreed to otherwise at the Preconstruction Conference). 1) One copy or the one transparency of the "C" or "D" drawings will be marked up and returned to the Contractor. a) Correct and resubmit items so marked. b. Items marked "A" or "B" will be fully distributed. c. If a portion of the items or system proposed are acceptable, however, the major part of the individual drawings or documents are incomplete or require revision, the entire submittal may be given "C" or "D" Action. 1) This is at the sole discretion of the Engineer. 2) In this case, some drawings may contain relatively few or no comments or the statement, "Resubmit to maintain a complete package." 3) Distribution to the Owner and field will not be made (unless previously agreed to otherwise). 6. Failure to include any specific information specified under the submittal paragraphs of the Specifications will result in the submittal being returned to the Contractor with "C" or "D" Action. 7. Calculations required in individual specification sections will be received for information purposes only, as evidence calculations have been performed by individuals meeting specified qualifications, and will be returned stamped "E. Engineer's Review Not Required" to acknowledge receipt. 8. Transmittals of submittals which the Engineer considers as "Not Required" submittal information, which is supplemental to but not essential to prior submitted information, or items of information in a transmittal which have been reviewed and received "A" or "B" Action in a prior submittal, will be returned with Action "E. Engineer's Review Not Required. " 9. Samples may be retained for comparison purposes. a. Remove samples when directed. Include in bid all costs of furnishing and removing samples. 10. Approved samples submitted or constructed, constitute criteria for judging completed work. a. Finished work or items not equal to samples will be rejected. B. Operation and Maintenance Manuals: 1. Engineer will review and indicate one of the following review actions: a. ACCEPTABLE. b. FURNISH AS NOTED. c. REVISE AND RESUBMIT. d. REJECTED. 2. Acceptable submittals will be retained with the transmittal form returned with a request for five additional copies. 3. Deficient submittals will be returned along with the transmittal form which will be marked to indicate deficient areas. . . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01340 - 7 5/16/2007 PART 2 - PRODUCTS - NOT USED . PART 3 - PRODUCTS - NOT USED END OF SECTION . . 00,. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01340-8 5/16/2007 . SECTION 01370 SCHEDULE OF VALUES PART 1 ~ GENERAL 1.1 DESCRIPTION A. Submit to Owner a Schedule of Values allocated to the various portions ofthe Work within ten (10) days after Effective Date of Agreement. B. Upon request of Owner, support the values with data that will substantiate correctness. C. An unbalanced Schedule of Values providing overpayment of Contractor on items of the Work that will be performed early will not be accepted. D. Revise and resubmit the Schedule of Values until acceptable to Owner. No Applications for Payment shall be submitted until Schedule of Values is accepted. E. The Schedule of Values, when accepted by Owner, shall be used only as the basis for the Contractor's Applications for Payment. F. Additional requirements specified elsewhere: 1. Section 01150: Measurement and Payment. FORM AND CONTENT OF SCHEDULE OF VALUES 1.2 . A. Type schedule on 8-1/2 IN by 11 IN white paper in a format indicated to page 2 of 3 of Contractor's Application and Certificate of Payment; Contractor's standard forms and automated printout will be considered for approval by Engineer upon Contractor's request. Identify schedule with: 1. Title of Project and location. 2. Engineer and Project number. 3. Name and address of Contractor. 4. Contract designation. 5. Date of submission. B. Schedule shall list the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing values for progress payments during construction. C. Follow the Table of Contents of this Project Manual as the format for listing component items: I . Breakdown shall be by specification section. 2. Identify each line item with the number and title of the respective major section of the Specifications. D. For each major line item list subvalues of major products or operations under the item. E. Such items as bond and insurance premiums, temporary construction facilities, and job mobilization and demobilization shall be listed separately: I. Bonds and insurance premiums will be paid in the first application for payment. Contractor shall submit invoice from surety and insurance company(ies). 2. If Contractor elects to be paid for temporary construction facilities, this will be paid on a monthly basis based upon the monthly lease or rent payments. 3. If the Contractor elects to be paid for mobilization he shall also enter a cost for demobilization: a. Mobilization/demobilization cost shall not exceed 2 percent of the bid. b. Demobilization costs shall not be less than 50 percent of mobilization costs. 4. Mobilization, Bonds and Insurance and temporary facilities may be included in first pay application provided Contractor is on-site and performing work. . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01370-1 5/412007 5. Demobilization shall only be paid after all work is complete, punch list and warranty items are resolved, and all items listed in Section 01010 for substantial and final completion are completed. F. For the various portions of the Work: 1. Each item shall include a directly proportional amount of the Contractor's overhead and profit. 2. For items on which progress payments will be requested for stored materials, break down the value into: a. The cost of the materials, delivered and unloaded. b. The total value of labor for installing the material, including Contractor's overhead and profit. 3. Cost of preparing and submitting Shop Drawings shall be included in each item. Shop Drawings will not be a separate payment item. 4. . Sales taxes as required by State of Montana Tax Commission for each item. G. The sum of all values listed in the schedule shall equal the total Contract Price. 1.3 SUBSCHEDULE OF UNIT MATERIAL VALUES . A. Submit a subschedule of unit costs and quantities for: 1. Products on which progress payments will be requested for stored products. B. The form of submittal shall parallel that of the Schedule of Values, with each item identified the same as the line item in the Schedule of Values. C. The unit quantity for bulk materials shall include an allowance for normal waste. D. The unit values for the materials shall be broken down into: 1. Cost of the material, delivered and unloaded at the site, with taxes paid. 2. Installation costs, including Contractor's overhead and profit. . END OF SECTION . 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 01370 - 2 5/4/2007 . SECTION 01400 QUALITY CONTROL PART 1 ~ LABORATORY TESTS 1.1 GENERAL A. Contractor will coordinate with the Owner's basin mixer supplier and manufacturer's representative for provision of manufacturer's Field Services. 1.2 CONTRACTOR'S RESPONSIBILITIES A. Furnish incidental labor and facilities: 1. To provide access to Work to be tested. 2. To obtain and handle samples at the Project site or at the source of the product to be tested. 3. To facilitate inspections and tests 4. For storage and curing of test samples. 1.3 SUBMITTALS A. Schedule of Manufacturer's field services. PART 2 w SHOP TESTS (NOT USED) . PART 3 ~ MANUFACTURER'S FIELD SERVICES 3.1 GENERAL A. Owner shall pay for the services of manufacturer's representatives to perform the specified services. B. Contractor shall schedule manufacturer's field services to avoid conflicting with other field work. C. Related requirements specified elsewhere: 1. Inspections and testing required by laws, ordinances, rules, regulations, orders, or approvals of public authorities: Conditions of the Contract. 3.2 QUALIFICATION OF MANUFACTURER'S REPRESENTATIVE A. Authorized representative ofthe manufacturer. B. Experienced in the application and installation ofthe subject equipment and capable of providing a quality training program to Owner staff. 3.3 SERVICES PROVIDED BY REPRESENTATIVE . A. Manufacturer's representative to perform installation and pre~operation check: I. Inspect, check, and adjust equipment as required and approve installation. 2. Be present when equipment is placed in operation. 3. Check for proper operation. 4. Check for motor overloads by measuring amperage and voltage on each phase. 5. Revisit the site as often as required to correct all problems and until equipment installation and operation are acceptable to Engineer. B. Instruct Owner's personnel in the operation and maintenance of the equipment. 00.. .52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 01400- I 5/22/2007 C. Furnish 5 copies of completed Manufacturer's Field Service Report (enclosed at end of this Section) to Engineer, through Contractor, certifying that: 1. Equipment is properly installed and lubricated. 2. Equipment is in accurate alignment. 3. Equipment is free from any undue stress imposed by connecting piping and anchor bolts. 4. Equipment has operated satisfactorily under design conditions. D. Instructions of Owner's Personnel: 1. Prior to final inspection or acceptance, fully instruct Owner's designated operating and maintenance personnel in the operation, adjustment and maintenance of all products, equipment and systems. 2. Operation and maintenance information shall constitute the basis of instruction. Review contents of information with personnel in full detail to explain all aspects of operations and maintenance. 3. Training must be scheduled minimum thirty (30) days in advance with the Owner. Prior to scheduling training, an agenda that lists the topics to be covered and time that will be spent on each topic must be submitted and approved by Engineer. Trainer shall be available to Owner for a minimum period of8 consecutive hours between 7:00 a.m. and 5:00 p.m. local time. . PART 4 - FIELD TESTING 4.1 GENERAL A. Contractor shall schedule all field testing to avoid conflicting with other manufacturer's field services and other field testing. B. Related requirements specified elsewhere: 1. Inspection and testing required by laws, ordinances, rules, regulations, orders, or approvals of public authorities: Conditions of the Contract. 4.2 TESTING . A. Provide all required materials, labor, equipment, water, and power required for testing. 1. Owner shall provide water required for testing water reservoir for water tightness and piping leakage testing. .e. Perform all tests in presence of Engineer. C. Prepare and submit to Engineer 5 copies of Manufacturer's Field Service Report detailing the results of the tests and identifying corrective action for materials and equipment that fail to pass field tests. D. Repair all materials and equipment that fail during testing with no additional compensation. PART 5 - SCHEDULES 5.1 MANUFACTURER'S FIELD SERVICES A. Manufacturer's field services shall be provided for the following Contractor supplied equipment: 1. Section 11948: Aeration Basin Mixers. . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01400- 2 5/22/2007 . MANUFACTURER FIELD SERVICE REPORT CONTRACT: I. Description A. Specification Section Number: B. Manufacturer: C. Representative: D. Type of Service: Initial_ Interim_ Final ". General Review A. The above referenced equipment/material/supplies have been inspected, checked, and adjusted. Yes_ No_ (please explain) B. The above referenced equipment/material/supplies were placed upon properly prepared or suitable substrate. DNA_ Yes_ No_ . (please explain) C. The above referenced equipment/material/supplies are free from any undue stress imposed by any connected piping, anchor bolts or any other load. DNA_ Yes_ No_ (please explain) D. The above referenced equipment/material/supplies have operated under design conditions. DNA_ Yes_ No_ (please explain) E. The above referenced equipment/material/supplies have been installed per the manufacturer's recommendations and the Procurement Documents, are approved, and require no corrective work. Yes_No_ (please explain) . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01400- 3 5/22/2007 F. The above referenced equipmenUmaterial/supplies are acceptable to the manufacturer as installed providing the following corrective action is performed (please list): 1. 2. 3. 4. 5. . III. Inspection Checklist Item OK Readinas or Comments A. Bearings B. Belts C. Lubrication Levels D. Vibration (Report attached) E. AMPS F. Volts G. Rotation H. Alignment I. Anchor Bolts J. Grout K. Substrate Approval L. Other 1. Motor Megger Test Insulation . See attached Motor Resistance Test 2. 3. . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01400-4 5/22f2007 . . . IV. O&M Manuals The O&M manual as presented contains all information required for proper operation, maintenance, and instruction of this system. DNA_ Yes_ No_ (please explain) V. Preventive Maintenance The preventive maintenance summary outlined in the O&M manual is acceptable for operation of the system throughout the warranty period. DNA_ Yes_ No_ (please explain) VI. Spare Parts All spare parts specified with the system are in new condition and are available on-site for transfer to the Owner. DNA_ Yes_ No_ (please explain) VII. Operator Training/Classroom Instruction Operator training and classroom instruction has been performed per the requirements of the Procurement Documents. DNA_ Yes_ No_ (please explain) VIII. Remarks: 00. _ .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01400- 5 5/22/2007 IX. Certification . I hereby certify, that I, , am a duly authorized representative of the manufacturer, that I am empowered by the manufacturer to inspect, approve, and operate his equipment. That I am authorized to make recommendations required to assure that the equipment furnished by the manufacturer is complete and operational, except as modified herein. I also certify that all information contained herein is true and accurate. By: Authorized Representative For: Date: X. Acknowledgements By: For: (Contractor) Date: By: . For: HDR EngineerinQ,lnc (Engineer) Date: END OF SECTION . 00.. . 52713-00 123 Bozeman WRF Phase I Early Out Priority Improvements 01400- 6 5/2212007 . . . SECTION 01600 PRODUCT DELIVERY, STORAGE, AND HANDLING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery. 2. Packaging of products for delivery. 3. Protection of products against damage from: a. Handling. b. Exposure to elements or harsh environments. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions ofthe Contract. 2. Division 1 - General Requirements. C. Payment: 1. No payment will be made to Contractor for equipment or materials not properly stored and insured or without approved shop drawings. a. Previous payments for items will be deducted from subsequent progress estimate(s) if proper storage procedures are not observed. 1.2 DELIVERY A. Scheduling: 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. B. Packaging: 1. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. C. Identification: 1. Clearly and fully mark and identifY as to manufacturer, item, and installation location. D. Protection and Handling: 1. Provide manufacturer's instructions for storage and handling. PART 2 - PRODUCTS - (NOT APPLICABLE TO THIS SECTION) PART 3 - EXECUTION 3.1 PROTECTION, STORAGE AND HANDLING A. Manufacturer's Instruction: 1. Protect all products or equipment in accordance with manufacturer's written directions. a. Store products or equipment in location to avoid physical damage to items while in storage. b. Handle products or equipment in accordance with manufacturer's recommendations and instructions. 2. Protect equipment from exposure to elements and keep thoroughly dry. 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01600 - 1 5/4/2007 3. When space heaters are provided in equipment, connect and operate heaters during storage until equipment is placed in service. 3.2 STORAGE FACILITIES . A. Owner shall provide temporary storage of mixer equipment and fiberglass stop gate assemblies. Contractor shall coordinate with Owner for access. 3.3 FIELD QUALITY CONTROL A. Inspect Deliveries: 1. Inspect all products or equipment delivered to the site prior to unloading. Reject all products or equipment that are damaged, used, or in any other way unsatisfactory for use on Project. B. Monitor Storage Area: 1. Monitor storage area to ensure suitable temperature and moisture conditions are maintained. END OF SECTION . . 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 01600-2 5/4/2007 . SECTION 01640 PRODUCT SUBSTITUTIONS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting substitution approval for a product which is specified by descriptive or perfonnance criteria or defmed by reference to one or more of the following: a. Name of manufacturer. b. Name of vendor. c. Trade name. d. Catalog number. 2. This Section does not address substitutions for major equipment. See "Instructions to Bidders." . B. Related Sections include but are not necessarily limited to: 1. Division 0 ~ Bidding Requirements, Contract Fonns, and Conditions of the Contract. 2. Division 1 - General Requirements. C. Requests for Substitution - General: 1. Base all bids on materials, equipment, and procedures specified. 2. Certain types of equipment and kinds of material are described in specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are capable of accomplishing the same tasks as the products specifically indicated. 3. Other types of equipment and kinds of material may be acceptable. QUALITY ASSURANCE 1.2 A. In making request for substitution or in using an approved product, Contractor represents: 1. He has investigated proposed product, and has detennined that it is adequate or superior in all respects to that specified, and that it will perfonn function for which it is intended. 2. He will provide same guarantee for substitute item as for product specified. 3. He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes as may be required for work to be complete in all respects. 4. He waives all claims for additional costs related to substitution which subsequently arise. 1.3 DEFINITIONS 1.4 A. Product: Manufactured material or equipment. PROCEDURE FOR REQUESTING SUBSTITUTION . A. Considered after award of Contract. 1. Considered only if: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, b. Contractor proposes a cost reduction incentive to the Owner. B. Written requests through Contractor only. C. Transmittal Mechanics: 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01640 ~ 1 5/4/2007 1. Follow the transmittal mechanics prescribed for Shop Drawings in Section 01340. Product substitution will be treated in a manner similar to "deviations," as described in Paragraph 1.4A.9.f. of Section 01340. List the letter describing the deviation and justifications on the transmittal form in the space provided under the column with the heading "DESCRIPTION." Include in the transmittal letter, either directly or as a clearly marked attachment, the items listed in Paragraph D below. D. Transmittal Contents: 1. Product identification: a. Manufacturer's name. b. Telephone number and representative contact name. c. Specification section or drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents. 2. Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents. 3. Itemized comparison of original and proposed product addressing product characteristics including but not necessarily limited to: a. Size. b. Composition or materials of construction. c. Weight. d. Electrical or mechanical requirements. 4. Product experience: a. Location of past projects utilizing product. b. Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product. c. Available field data and reports associated with proposed product. 5. Data relating to changes in construction schedule. 6. Data relating to changes in cost. 7. Samples: a. At request of Engineer. b. Full size if requested by Engineer. c. Held until substantial completion. d. Engineer not responsible for loss or damage to samples. 1.5 APPROVAL OR REJECTION . . A. Written approval or rejection of substitution given by the Engineer. B. Engineer reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. C. In event substitution results in a change of Contract price or time, provisions in General Conditions will be applied for adjustment. D. Substitutions will be rejected if: 1. Submittal is not through the Contractor with his stamp of approval. 2. Requests are not made in accordance with this Section. 3. In the Engineer's opinion, acceptance will require substantial revision of the original design. 4. In the Engineer's opinion, substitution will not perform adequately the function consistent with the design intent. PART 2. PRODUCTS. (NOT APPLICABLE TO THIS SECTION) PART 3. EXECUTION - (NOT APPLICABLE TO THIS SECTION) . END OF SECTION 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01640 - 2 5/4/2007 . SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Description of procedures to be followed and related work required to accomplish an orderly transfer of Project deliverables from the Contractor to the City. . B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 1.2 DEFINITIONS A. Punch List: The stated qualification accompanying the Owner's Certificate of Substantial Completion or any list of construction items found to be deficient or incomplete through review of the Work by Owner and communicated in writing to Contractor at any time during the Contract Period. 1.3 SUBMITTALS . A. Final Completion: 1. After compliance with Substantial Completion and Punchlist, Contractor to notify Owner that the Contractor considers the entire Work to have progressed to Final Completion and provide the following: a. Lien waivers; b. Evidence of payments, if required by City; c. Warranties. PART 2 - PRODUCTS 2.1 CONSTRUCTION PRODUCTS A. All construction products not used must be removed from the site in their entirety or, arrangements shall be made with City for final disposition on site. PART 3 - EXECUTION 3.1 INSPECTION FOR FINAL ACCEPTANCE AND PAYMENT . A. When the items of Work on the Punch List(s) have been completed, and Owner considers the Work of the entire Project is complete, Contractor shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected by Owner for compliance with Contract Documents. 3. Workhas been completed in accordance with Contract Documents. 4. Work has received Final Cleaning: Section 01710. 5. Work is completed and ready for final inspection. B. Owner will make an inspection with the Contractor to verify the status of completion within 10 working days after receipt of such certification. C. Should Owner consider that the Work is incomplete or defective: 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01700 - 1 5/4/2007 1. Owner: Notify the Contractor in writing within 5 working days, listing the incomplete or defective work. 2. Contractor: Remedy the stated deficiencies within 10 working days, and send a second written certification to Owner that the Work is complete. 3. Owner will reinspect the Work after he has been notified by Contractor. D. When Owner finds the Work acceptable in accordance with the Contract Documents: Owner requests Contractor to make closeout submittals. E. Reinspection costs incurred by the Owner related to reinspection or rework will be billed and deducted by the Owner from the final payment to the Contractor not limited to Owner, architects, attorney and other professional costs. . 3.2 FINAL APPLICATION FOR PAYMENT A. Complete demobilization prior to submitting final application for payment. B. Submit final application for payment in accordance with procedures and requirements stated in the Conditions of the Contract. C. Prior to the acceptance of the Work and final payment, the City will require from the Contractor a certificate in form substantially as follows: "I (We) hereby certify that all Work has been performed and materials supplied in accordance with the Contract Documents for the above Work, and that: 1. There have been no unauthorized substitutions of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the City prior to the start of such subcontracted Work; 2. No subcontract was assigned or transferred or performed by any subcontractor other than the original subcontractor, without prior notice having been submitted to the City together with the names of all subcontractors; 3. All claims for material and labor and other services performed in connection with these specifications have been paid." D. See Section 00500 for additional requirements. Submit lien releases from all subcontractors and suppliers. Submit consent of surety for final payment. E. Owner will review application and recommend final payment within 10 working days of receipt of application. . END OF SECTION . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01700.2 5/4/2007 . SECTION 01710 CLEANING PART 1. GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning of Work not including special cleaning of closed systems specified elsewhere. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions ofthe Contract. 2. Division I - General Requirements. 1.2 STORAGE AND HANDLING A. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 1.3 SCHEDULING A. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. . PART 2 - PRODUCTS 2.1 MATERIALS A. Cleaning Agents: 1. Compatible with surface being cleaned. 2. New and uncontaminated. 3. For Manufactured Surfaces: Material recommended by manufacturer. PART 3 - EXECUTION 3.1 CLEANING - GENERAL A. S. C. D. E. F. G. . H. 00...52713-00123 Prevent accumulation of wastes that create hazardous conditions. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains or sewers. Dispose of degradable debris at an approved solid waste disposal site. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by Engineer and regulatory agencies. Handle materials in a controlled manner with as few h~dlings as possible. Do not drop or throw materials from heights greater than 4 FT or less than 4 FT if conditions warrant greater care. On completion ofwork,-leave area in a clean, natural looking condition. Bozeman WRF Phase 1 Early Out Priority Improvements 01710-1 5/4n007 1. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. I. Do not bum on-site. . 3.2 INTERIOR CLEANING A. Cleaning During Construction: 1. Keep work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris, and rubbish. 3. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until substantial completion. B. Final Cleaning: 1. Complete immediately prior to Demonstration Period. 2. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from sight-exposed surfaces. 3. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 4. Wash and shine glazing and mirrors. 5. Polish glossy surfaces to a clear shine. 6. Ventilating systems: a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 7. Replace all burned out lamps. 8. Broom clean process area floors. 9. Mop office and control room floors. 3.3 EXTERIOR (SITE) CLEANING . A. Cleaning During Construction: 1. Construction debris: a. Confine in strategically located container(s): 1) Cover to prevent blowing by wind. 2) Haul from site minimum once a week. b. Remove from work area to container daily. 2. Vegetation: Keep weeds and other vegetation trimmed to 3 IN maximum height. 3. Soils, sand, and gravel deposited on paved areas and walks: a. Remove as required to prevent muddy or dusty conditions. b. Do not flush into storm sewer system. B. Final Cleaning: 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers. 2. Clean paved roadways. 3.4 FIELD QUALITY CONTROL A. Immediately prior to Demonstration Period, conduct an inspection with Engineer to verify condition of all work areas. END OF SECTION . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 01710-2 5/412007 . . . SECTION 02072 DEMOLITION, CUTTING AND PATCHING PART 1 w GENERAL 1.1 SUMMARY A. Section Includes: 1. Demolition, cutting and patching of existing construction where shown on Drawings, or as required to accommodate new work shown or specified. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. 3. Section 09905 - Painting and Protective Coatings. 1.2 SUBMITTALS A. Shop Drawings: 1. See Section 01340 for requirements for the mechanics and administration of the submittal process. 2. Indicating manufacturer and type of: a. Proposed nonshrink grout. b. Epoxy bonding adhesive. c. Proposed materials and methods to be used for matching and repairing existing construction. 1.3 DELIVERY, STORAGE, AND HANDLING A. General: 1. Salvage items (basin central weir gates), designated for Owner's salvage, as a functional unit. 2. Clean, list and tag for storage. 3. Protect from damage and deliver to location designated. 1.4 SITECONDITIONS A. Perform preliminary investigations as required to ascertain extent of work. 1.5 SEQUENCING AND SCHEDULING ') A. Coordinate and reschedule work as required to preclude interference with other operations. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the following products and manufacturers are acceptable: I. Nonshrink grout: a. Supreme Grout by Gifford Hill. b. Masterflow 713 Plus by BASF Building Systems. c. Sika Grout 212 by Sika. 2. Epoxy bonding adhesive: a. Euco No.452 MV by Euclid Chemical Co. b. Sikadur 32, Hi-Mod by Sika Corporation. 00__52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 02072 - I 5/4/2007 B. Submit request for substitution in accordance with Specification Section 01640. 2.2 MATERIALS . A. Temporary Partitions or Basin Protection Barriers: 1. Plywood: 1/2 IN minimum for interior or exterior use. B. Nonshrink Grout: 1. Nonmetallic, noncorrosive and nonstaining. 2. Premixed with only water to be added in accordance with manufacturer's instructions at jobsite. 3. Grout to produce a positive but controlled expansion. Mass expansion not to be created by gas liberation or by other means. 4. Minimum compressive strength at 28 days to be 6500 psi. 5. Coat exposed edges of grout with a cure/seal compound recommended by grout manufacturer. C. Epoxy Bonding Adhesive: 1. Two component, moisture insensitive adhesive manufactured for the purpose of bonding fresh concrete to hardened concrete. PART 3 - EXECUTION 3.1 PREPARATION A. Provide temporary partitions as required in aeration basins to protect existing aerator. 1. Construct partitions of braced plywood in exterior areas. E. Provide covered passageways where necessary to ensure safe passage of persons in or near areas of work. C. Provide substantial barricades and safety lights as required. D. Provide temporary weather protection as necessary. 3.2 INST ALLA TION . A. Cutting and Removal: 1. Remove existing work indicated to be removed, or as necessary for installation of new work. 2. Neatly cut and remove materials, and prepare all openings to receive new work. 3. Remove masonry or concrete in small sections. B. Removal of Existing Anchor Bolts or Other Protruding Elements: 1. Removed to a depth of 1/2 IN from finished surface. 2. Fill void with non-shrink grout. C. Matching and Patching: 1. Walls, ceilings, floors or partitions: a. Repair abutting walls, ceilings, floors or partitions disturbed by removal. b. Match and patch existing construction disturbed during installation of new work. 2. Methods and materials: a. Similar in appearance, and equal in quality to adjacent areas for areas or surfaces being repaired. b. Subject to review of Engineer. D. Salvaged Items: 1. Thoroughly dry and clean all metal surfaces. 2. Dispose of items or materials not designated for Owner's salvage or reuse. Promptly remove from site. 3. Do not store or sell Contractor salvaged items or materials on site. . 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 02072 - 2 5/412007 . . . E. Clean Up: 1. Transport debris and legally dispose of off site. END OF SECTION 00...52713-00123 5/4/2007 Bozeman WRF Phase I Early Out Priority Improvements 02072 - 3 . SECTION 05505 METAL FABRICATIONS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Custom fabricated metal items and certain manufactured units not otherwise indicated to be supplied under work of other Sections. 2. Design of all temporary bracing not indicated on Drawings. B. Related Sections include but are not necessarily limited to: l. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 - General Requirements. QUALITY ASSURANCE 1.2 . A. Referenced Standards: 1. Aluminum Association (AA): a. ADMwl, Aluminum Design Manual. b. 45, Designation System for Aluminum Finishes. 2. American Institute of Steel Construction (AISC): a. Manual of Steel Construction - Allowable Stress Design (ASD). b. Specifications for Structural Steel Buildings (referred to herein as AISC specification). 3. ASTM International (ASTM): a. A6, Standard Specification for General Requirements for Rolled Structural Steel Bars, Plates, Shapes, and Sheet Piling. b. A36, Standard Specification for Carbon Structural Steel. c. A123, Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products. d. AIS3, Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware. e. A666, Standard Specification for Annealed or Cold- Worked Austenitic Stainless Steel Sheet, Strip, Plate, and Flat Bar. f. B308, Standard Specification for Aluminum-Alloy 6061-T6 Standard Structural Profiles. g. B632, Standard Specification for Aluminum-Alloy Rolled Tread Plate. h. F467, Specification for Nonferrous Nuts for General Use. i. F468, Specification for Nonferrous Bolts, Hex Cap Screws, and Studs for General Use. j. FS93, Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 4. American Welding Society (A WS): a. AS.I, Standard Specification for Carbon Steel Electrodes for Shielded Metal Arc Welding. b. Dl.l, Structural Welding Code Steel. c. D 1.2, Structural Welding Code Aluminum. DEFINITIONS 1.3 . A. Installer or Applicator: 1. Installer or applicator is the person actually installing or applying the product in the field at the Project site. 2. Installer and applicator are synonymous. B. Hardware: As defined in ASTM A1S3. 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 05505 - I 5/15(2007 C. Galvanizing: Hot~dip galvanizing per ASTM Al23 or ASTM A153 with minimum coating of 2.0 OZ of zinc per square foot of metal (average of specimens) unless noted otherwise or dictated by standard. 1.4 SUBMITTALS . A. Shop Drawings: 1. See Section 01340 for requirements for the mechanics and administration of the submittal process. 2. Fabrication and/or layout drawings and details: a. Submit drawings for all fabrications and assemblies. 1) Include erection drawings, plans, sections, details and connection details. b. Identify materials of construction, shop coatings and third party accessories. 1.5 DELIVERY, STORAGE AND HANDLING A. Deliver and handle fabrications to avoid damage. B. Store above ground on skids or other supports to keep items free of dirt and other foreign debris and to protect against corrosion. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. Galvanizing repair paint: a. ZRC Products. B. Submit request for substitution in accordance with Specification Section 01640. 2.2 MATERIALS . A. Steel: 1. Structural: a. W~shapes and WT-shapes: ASTM A992, Grade 50. b. All other plates and rolled sections: ASTM A36. 2. Bolts and nuts: a. ASTM A307, Grade A. 3. Welding electrodes: A WS 01.1, E70 Series. 4. Steel forgings: ASTM A668. B. Stainless Steel: 1. Minimum yield strength of30,000 psi and minimum tensile strength of75,000 psi. a. Bars, shapes: ASTM A276, Type 304. b. Bolts and nuts: ASTM F593, Type 304. 2. Minimum yield strength of25,000 psi and minimum tensile strength of70,000 psi. a. Strip, plate and flat bar for welded connections, ASTM A666, Type 304L. 3. Welding electrodes: In accordance with A WS for metal alloy being welded. C. Aluminum: 1. Alloy 6061- T6, 32,000 psi tensile yield strength minimum. a. ASTM B221 and ASTM B308 for shapes including beams, channels, angles, tees and zees. b. Weir plates, baffles and deflector plates, ASTM B209. D. Washers: Same material and alloy as found in accompanying bolts and nuts. E. Embedded Anchor Bolts: . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 05505 - 2 5/1512007 . 1. Type 304 or 316 stainless steel with matching nut and washer. F. Galvanizing Repair Paint: I. High zinc dust content paint for regalvanizing welds and abrasions. 2. Dried film shall contain not less than 93 percent zinc dust by weight. 3. Similar to ZRC by ZRC Products. 4. VOC: 0 LBS per GAL. G. Dissimilar Materials Protection: Coat all aluminum surfaces to be in contact with concrete with minimum 6 mil epoxy coating. 2.3 MANUFACTURED UNITS A. Aluminum Checkered Plate (alternative plate material): I. Conform to ASTM B632. a. Diamond pattern: Use one (1) pattern throughout Project. b. Material: Type 6061- T6. 2. Design live load: Not less than 100 psfplus a concentmted load 0000 LBS with maximum deflection of 1/300 of span under a superimposed live load of 50 psf. 3. Reinforce as necessary with aluminum angles. 4. Plate sections: a. Maximum 3 FT wide. b. Minimum 3/8 IN thick. c. Maximum 100 LBS per section if required to be removable. 5. Provide joints at center of all openings unless shown otherwise. a. Reinforce joints and openings with additional angles to provide required load carrying capacity . 2.4 FABRICATION . A. Verify field conditions and dimensions prior to fabrication. B. Form materials to shapes indicated with straight lines, true angles, and smooth curves. 1. Grind smooth all rough welds and sharp edges. a. Round all comers to approximately 1/16 IN nominal radius. C. Provide drilled or punched holes with smooth edges. 1. Punch or drill for field connections and for attachment of work by other trades. D. Weld Permanent Shop Connections: 1. Welds to be continuous fillet type unless indicated otherwise. 2. Full penetration butt weld at bends in stair stringers and ladder side rails. 3. Weld structural steel in accordance with A WS DI.1 using Series E70 electrodes conforming to AWS A5.I. 4. Weld aluminum in accordance with A WS DI.2. 5. All headed studs to be welded using automatically timed stud welding equipment. 6. Grind smooth welds that will be exposed. E. Conceal fastenings where practicable. F. Fabricate work in shop in as large assemblies as is practicable. G. Maximum tolerance for difference in depth between checkered plate or grating depth and seat or support angle depth: 118 IN. H. Maximum distance between edge of grating or checkered plate and face of embedded seat angle or face of wall or other structural member: 1/4 IN. 2.5 SOURCE QUALITY CONTROL . A. Surface Preparation: 1. Refer to Section 09905 for surface preparation requirements. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 05505 - 3 5/15fl007 B. Shop Applied Paint Coating Application: 1. Refer to Section 09905 for painting requirements. . PART 3 - EXECUTION 3.1 PREPARATION A. Provide items to be built into other construction in time to allow their installation. 1. If such items are not provided in time for installation, cut in and install. B. Prior to installation, inspect and verify condition of substrate. 1. Installation of product constitutes installer's acceptance of substrate condition for product compatibility. C. Correct surface defects or conditions which may interfere with or prevent a satisfactory installation. 1. Field welding aluminum is not permitted unless approved in writing by Engineer. 3.2 lNST ALLA TION A. Set metal work level, true to line, plumb. ]. Shim and grout as necessary. B. Bolt Field Connections: Where practicable, conceal fastenings. C. Grind welds smooth where field welding is required. D. Field cutting grating or checkered plate to correct fabrication errors is not acceptable. 1. Replace entire section. E. Remove all burrs and radius all sharp edges and comers of miscellaneous plates, angles, framing system elements, etc. F. Unless noted or specified otherwise: 1. Connect aluminum to aluminum with 1/2 IN DIA aluminum bolts. a. Provide dissimilar metals protection. G. Coat aluminum surfaces in contact with dissimilar materials in accordance with Section 09905. H. Repair damaged galvanized surfaces in accordance with ASTM A780. I. Prepare damaged surfaces by abrasive blasting or power sanding. 2. Apply galvanizing repair paint to minimum 6 mils DFT in accordance with manufacturer's instructions. . 3.3 CLEANING A. After erection, installation or application, clean all miscellaneous metal fabrication surfaces of all dirt, weld slag and other foreign matter. B. Provide surface acceptable to receive field applied paint coatings specified in Section 09905. END OF SECTION . 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 05505 - 4 5/1512007 . . DIVISION 7 THERMAL AND MOISTURE PROTECTION . . SECTION 07900 JOINT SEALANTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Sealant work. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 ~ General Requirements. C. Work included consists of but is not necessarily limited to: 1. Sealing all joints which will permit penetration moisture. a. Work may include the following: 1) Sealant at basin stop plates and weirs. 2) Other joints where calking or sealant is indicated. QUALITY ASSURANCE 1.2 . A. Referenced Standards: 1. American Concrete Institute (ACI): a. 302.1 R, Guide for Concrete Floor and Slab Construction. 2. ASTM International (ASTM): a. C834, Standard Specification for Latex Sealants. b. C920, Standard Specification for Elastomeric Joint Sealants. 3. National Sanitation Foundation International (NSF). 4. Underwriters Laboratories, Inc., (UL). DEFINITIONS 1.3 A. "Caulk(ing)," "calk(ing)," and "sealant": Joint sealant work. B. Installer or Applicator: 1. Installer or applicator is the person actually installing or applying the product in the field at the Project site. 2. Installer and applicator are synonymous. 1.4 SUBMITTALS A. Shop Drawings: 1. See Section 01340 for requirements for the mechanics and administration of the submittal process. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's installation instructions. c. Manufacturer's recommendations for joint cleaner, primer, backer rod, tooling and bond breaker. B. Miscellaneous Submittals: See Section 01340 for requirements for the mechanics and administration of the submittal process. DELIVERY, STORAGE, AND HANDLING 1.5 . A. Deliver material in manufacturer's original unopened containers with labels intact: Labels shall indicate contents and expiration date on material. 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 07900 . 1 5/1512007 PART 2 ~ PRODUCTS . 2.1 ACCEPTABLE MANUFACTURERS A. Subject to compliance with the Contract Documents, the following manufacturers are acceptable: 1. Polysulfide rubber sealant: a. Pecora. b. Sonneborn. c. Morton Polymer Systems. 2. Backer rod, compressible filler, primer, joint cleaners, bond breaker: As recommended by sealant manufacturer. B. Submit request for substitution in accordance with Specification Section 01640. 2.2 MATERIALS A. Sealants - General: 1. Provide colors matching materials being sealed. 2. Where compound is not exposed to view in fmished work, provide manufacturer's color which has best performance. 3. Nonsagging sealant for vertical and overhead horizontal joints. 4. Sealants for horizontal joints: Self-leveling pedestrian/traffic grade. B. Sealant Backer Rod and/or Compressible Filler: I. Closed cell polyethylene, polyethylene jacketed polyurethane foam, or other flexible, nonabsorbent, nonbituminous material recommended by sealant manufacturer to: a. Control joint depth. b. Break bond of sealant at bottom of joint. c. Provide proper shape of sealant bead. d. Serve as expansion joint filler. C. Polysulfide Rubber Sealant: 1. One (1) or two (2) component. 2. Meet ASTM C920. a. Pecora Synthacalk GC2+. b. Sonneborn - Sonolastic - two-part polysulfide sealant. c. Morton Polymer Systems - Thiokol Sealants. . PART 3 ~ EXECUTION 3.1 PREPARATION A. Before use of any sealant, investigate its compatibility with j oint surfaces, fillers and other materials in joint system. B. Use only compatible materials. C. Where required by manufacturer, prime joint surfaces. I. Limit application to surfaces to receive calking. 2. Mask off adjacent surfaces. D. Provide joint depth for joints receiving polyureajoint filler in accordance with manufacturer's recommendations. 3.2 INSTALLATION A. Install products in accordance with manufacturer's instructions and UL requirements. B. Clean all joints. . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority ImprovementJJ 07900 - 2 5/1512007 . . . C. Make all joints water and airtight. D. Make depth of sealing compounds, except expanding foam and polyurea sealant, not more than one-half width of joint, but in no case less than 1/4 IN nor more than 1/2 IN unless recommended otherwise by the manufacturer. E. Provide correctly sized backer rod, compressible filler or compressible sealant in all joints to depth recommended by manufacturer: 1. Take care to not puncture backer rod and compressible filler. 2. Provide joint backer rod as recommended by the manufacturer for polyurea joint filler. F. Apply bond breaker where required. G. Tool sealants using sufficient pressure to fill all voids. H. Upon completion, leave calking with smooth, even, neat finish. I. Where piping, conduit, ductwork, etc., penetrate wall, seal each side of wall opening. J. Install compressible sealant to position at indicated depth. 1. Take care to avoid contamination of sides of joint. 2. Protect side walls of joint (to depth of finish sealant). 3. Install with adhesive faces in contact with joint sides. 4. Install finish sealant where indicated. 3.3 SCHEDULE A. Furnish sealant as indicated for the following areas: 1. Sealant which will be immersed in wastewater or sewage: Polysulfide. END OF SECTION 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 07900 . 3 5/1512007 . SECTION 09905 PAINTING AND PROTECTIVE COATINGS PART 1 ~ GENERAL 1.1 SUMMARY A. Section Includes: I. High perfonnance industrial coatings (HPIC). 2. Architectural paints (AP). 3. Special coatings (SC). 4. Any other coating, thinner, accelerator, inhibitor, etc., specified or required as part of a complete System specified in this Section. 5. Minimum surface preparation requirements. B. Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Fonns, and Conditions of the Contract. 2. Division I - General Requirements. 3. Section 03348 - Concrete Finishing and Repair of Surface Defects. 4. Section 05505 - Metal Fabrications. 5. Section 11005 - Equipment: Basic Requirements. QUALITY ASSURANCE 1.2 . A. Referenced Standards: I. ASTM International (ASTM): a. D4258, Standard Practice for Surface Cleaning Concrete for Coating. b. D4259, Standard Practice for Abrading Concrete. c. D4261, Standard Practice for Surface Cleaning Concrete Unit Masonry for Coating. d. 04262, Standard Test Method for pH of Chemically Cleaned or Etched Concrete Surfaces. e. 04263, Standard Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method. f. E84, Standard Test Method for Surface Burning Characteristics of Building Materials. 2. American Water Works Association (A WW A). 3. NACE International (NACE). 4. National Bureau of Standards (NBS): a. Certified Coating Thickness Calibration Standards. 5. National Fire Protection Association (NFPA): a. 101, Life Safety Code. 6. National Sanitation Foundation International (NSF). 7. Steel Door Institute/American National Standards Institute (SOl/ANSI): a. A250.10, Test Procedure and Acceptance Criteria For Prime Painted Steel Surfaces for Steel Doors. 8. The Society for Protective Coatings (SSPC): a. PA 2, Measurement of Dry Paint Thickness with Magnetic Gages. b. SP I, Solvent Cleaning. c. SP 2, Hand Tool Cleaning. d. SP 3, Power Tool Cleaning. 9. The Society for Protective Coatings/NACE International (SSPC/NACE): a. SP 5/NACE No. I, White Metal Blast Cleaning. b. SP 6/NACE No.3, Commercial Blast Cleaning. c. SP 7/NACE No.4, Brush-off Blast Cleaning. d. SP 10/NACE No.2, Near-White Blast Cleaning. . 00.. .52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 09905 - I 5/22/2007 e. SP 12/NACE No.5, Surface Preparation and Cleaning of Steel and Other Hard Materials by High and Ultrahigh Pressure Water Jetting Prior to Recoating. f. SP 13/NACE No.6, Surface Preparation of Concrete. B. Qualifications: 1. Coating manufacturer's authorized representative shall provide written statement attesting that applicator has been instructed on proper preparation, mixing and application procedures for coatings specified. 2. Applicators shall have minimum of 10 years experience in application of similar products on similar project. a. Provide references for minimum of three (3) different projects completed in last five (5) years with similar scope of work. b. Include name and address of project, size of project in value (painting) and contact person. C. Miscellaneous: 1. Furnish paint through one (1) manufacturer unless noted otherwise. 2. Coating used in all corridors and stairways shall meet requirements ofNFPA 101 and ASTM E84. D. Deviation from specified mil thickness or product type is not allowed without written authorization of Engineer. E. Material shall not be thinned unless approved, in writing, by paint manufacturer's authorized representative. 1.3 DEFINITIONS A. Installer or Applicator; 1. Installer or applicator is the person actually installing or applying the product in the field at the Project site. 2. Installer and applicator are synonymous. B. Approved Factory Finish: Finish on a product in compliance with the finish specified in the section where the product is specified or in Section 11005. C. Corrosive Environment: Immersion in, or not more than 6 IN above, or subject to frequent condensation, spillage or splash of a corrosive material such as water, wastewater, or chemical solution; or chronic exposure to corrosive, caustic or acidic agent, chemicals, chemical fumes, chemical mixture, or solutions with pH range of 5 to 9. D. Highly Corrosive Environment: Immersion in, or not more than 6 IN above, or subject to frequent condensation, spillage or splash of a corrosive material such as water, wastewater, or chemical solution; or chronic exposure to corrosive, caustic or acidic agent, chemicals, chemical fumes, chemical mixture, or solutions with pH range below 5 or above 9. E. Exposed Exterior Surface: 1. Surface which is exposed to weather but not necessarily exposed to view as well as surface exposed to view. 2. Exterior surfaces are considered corrosive environment. F. Finished Area: One that has finish called for on Room Finish Schedule or is indicated, on Drawings, to be painted. G. Paint includes the following: 1. High performance industrial coatings (HPIC) include: Epoxies, urethanes, vinyl ester, waterborne vinyl acrylic emulsions, acrylates, silicones, alkyds, acrylic emulsions and any other coating listed as a HPIC. H. Surface Hidden from View: Surfaces such as those within pipe chases, and between top side of ceilings (including drop-in tile ceilings) and underside of floor or roof structure above. 00...52713-00123 Bozeman WRF Phase I Early Out Priority Improvements 09905 - 2 5/22/2007 . . '. . I. AP: Architectural paints. J. HPIC: High performance industrial coatings.. K. SC: Special coatings. L. VOC: Volatile organic compounds. SUBMITTALS 1.4 . A. Shop Drawings: 1. See Section 01340 for requirements for the mechanics and administration of the submittal process. 2. Product technical data including: a. Acknowledgement that products submitted meet requirements of standards referenced. b. Manufacturer's application instructions. c. Manufacturer's surface preparation instructions. d. If products being used are manufactured by Company other than listed in Article 2.2, provide complete individual data sheet comparison of proposed products with specified products including application procedure, coverage rates and verification that product is designed for intended use. e. Contractor's written plan of action for containing airborne particles created by blasting operation and location of disposal of spent contaminated blasting media. f. Coating manufacturer's recommendation on abrasive blasting. g. Manufacturer's recommendation for universal barrier coat. 3. Manufacturer's statement regarding applicator instruction on product use. 4. Applicator experience qualifications. a. No submittal information will be reviewed until Engineer has received and approved applicator qualifications. 5. Certification that coating systems proposed for use have been reviewed and approved by Senior Corrosion Specification Specialist employed by the coating manufacturer. B. Samples: 1. Manufacturer's full line of colors for Engineer's color selection. 2. After initial color selection by Engineer provide two 3 x 5 IN samples of each color selected. C. Miscellaneous Submittals: 1. See Section 01340 for requirements for the mechanics and administration of the submittal process. 2. Approval of application equipment. 3. Applicator's daily record: a. Submit daily record at end of each week in which painting work is performed. DELIVERY, STORAGE, AND HANDLING 1.5 A. Deliver in original containers, labeled as follows: 1. Name or type number of material. 2. Manufacturer's name and item stock number. 3. Contents, by volume, of major constituents. 4. Warning labels. 5. VOC content. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS . A. Subject to compliance with the Contract Documents, only the following manufacturers are acceptable: 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 09905 - 3 5n212007 1. High performance industrial coatings: a. Tnemec. b. Ameron Protective Coatings Div. c. leI Devoe. d. Carboline Protective Coatings. e. Sherwin Williams. f. Dampney Company, Inc. B. Submit request for substitution in accordance with Specification Section 01640. 2.2 MATERIALS . A. All materials used must contain not more than 2.08 LBS/GAL VOC unless noted otherwise. B. For unspecified materials such as thinner, provide manufacturer's recommended products. C. Paint Systems - General: 1. P = prime coat. 2. Fl, F2 . . . Fn = first finish coat, second finish coat. . . . nth finish coat, color as selected by Engineer. 3. If two (2) finish coats of same material are required, Contractor may, at his option and by written approval from paint manufacturer, apply one (1) coat equal to mil thickness of two (2) coats specified. D. HPIC products specified are manufactured by Tnemec. E. Paint Systems (Systems not shown are not used): 1. SYSTEM #1 a. Prime coat: 1) PI = Tnemec Series N69 Hi Build Epoxoline II, at 5 mls DFTI. b. Finish coat(s): 1) Interior: a) Fl = Tnemec Series N69 Hi~Build Epoxoline II, at 5 mils DFT. b) F2 = Tnemec Series N69 Hi-Build Epoxoline II, at 5 mils DFT. 2) Exterior: a) Fl = Tnemec Series N69 Hi-Build Epoxoline II, at 5 mils DFT. b) F2 = Tnemec Series 73 Endura-Shield II, at 3 mils DFT. 2. SYSTEM #2 a. Ferrous Metal, 24 IN below the L.L. water line and up. 1) Holding Primer: 2) At the option of the contractor to hold a prepared surface. Tnemec Series N69 Epoxoline Applied at 3.0 to 5.0 mils or to cover blast profile. b. Primer: 1) Tnemec Series 435 Perm a Glaze Applied at 15.0 to 20.0 mils dry film thickness. c. Finish: 1) Tnemec Series 35 Perma Glaze Applied at 15.0 to 20.0 mils dry film thickness. . Note: Finish coat is to be monolithic and pinhole free. Final system is to be tested for pinholes per NACE RPO 188-90 d. Ferrous metal, 24" Below the L.L. Waterline and Down 1) Surface Preparation: SSPC SPIO Near White Metal Blast Cleaning 2) Primer: Tnemec Series N69 Epoxoline applied at 6.0 to 8.0 mils DFT 3) Finish: Tnemec Series N69 Epoxoline applied at 6.0 to 8.0 mils DFT Note: All weld seams, sharp edges and angles are to be brushed with either the wet prime or fmish coat to ensure complete millage and a monolithic finish coat. . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 09905 - 4 5/22/2007 . PART 3 - EXECUTION 3.1 ITEMS TO BE PAINTED A. Exposed Interior Surfaces including: 1. Cast iron (sluice gate). 2. Miscellaneous ferrous metal surfaces. 3. Clarifier steel surfaces where existing coatings systems are affected by demolition and construction activities. 3.2 SCHEDULE OF ITEMS TO BE PAINTED AND PAINTING SYSTEMS A. Structural Steel: 1. Non~immersion surfaces subject to corrosive or highly corrosive environment: SYSTEM #2. 2. Immersion surfaces subject to corrosive or highly corrosive environment: SYSTEM #2. B. Sluice Gate (Cast iron) SYSTEM # 1. 3.3 PREPARATION . A. General: I. Prepare surfaces to be painted in accordance with coating manufacturer's instructions and this Section unless noted otherwise in the Specification. 2. Remove all dust, grease, oil, compounds, dirt and other foreign matter which would prevent bonding of coating to surface. B. Protection: 1. Protect surrounding surfaces not to be coated. 2. Remove and protect hardware, accessories, plates, fixtures, finished work, and similar items; or provide ample in-place protection. C. Prepare and Paint Before Assembly: Where component is subject to corrosive or highly corrosive environment, prepare and paint, before assembly, all surfaces which may be subject to environment which are inaccessible after assembly. D. Ferrous Metal: 1. Prepare ductile iron pipe in accordance with pipe manufacturer's recommendations and AWWA. 2. Complete fabrication, welding or burning before beginning surface preparation. a. Chip or grind off flux, spatter, slag or other laminations left from welding. b. Remove mill scale. c. Grind smooth rough welds and other sharp projections. 3. Solvent or water jet and detergent clean in accordance with SSPC SP 1 or SSPC SP 12/NACE NO.5 all surfaces scheduled to receive additional SSPC surface preparation. 4. Surfaces subject to corrosive or highly corrosive environment and all surfaces subject to immersion service: a. Near-white blast clean in accordance with SSPC SP 10/NACE No.2. 5. All interior and exterior surfaces: a. Minimum commercial blast clean in accordance with SSPC SP 6/NACE No.3. 6. Surfaces subject to high temperatures. a. Heat in excess of600 DegF: SSPC SP 10/NACE No.2. b. Heat in excess of200 DegF but less than 600 DegF: SSPC SP 6/NACE No.3. 7. Surfaces of steel joists and steel trusses: a. Commercial blast clean the major portion of the truss in accordance with SSPC SP 6/NACE No.3. b. Power tool or hand tool clean tight connection areas and other difficult to access areas in accordance with SSPC SP 2 or SSPC SP 3. . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 09905 - 5 5/22/2007 E. Hollow Metal: 1. Clean in accordance with SSPC SP 1 or SSPC SP 12!NACE No.5 and in accordance with hollow metal manufacturer. F. Abrasive blast clean the following equipment or surfaces regardless of previous fmish, ifany. G. Preparation by Abrasive Blasting: 1. All abrasive-blasted ferrous metal surfaces shall be inspected immediately prior to application of paint coatings. a. Inspection shall be performed to determine cleanliness and profile depth of blasted surfaces and to certify that surface has been prepared in accordance with these Specifications. 2. Schedule the abrasive blasting operation so blasted surfaces will not be wet after blasting and before painting. 3. Perform additional blasting and cleaning as required to achieve surface preparation required. a. Prior to painting, reblast Surfaces allowed to set overnight and surfaces that show rust bloom. b. Surfaces allowed to set overnight or surfaces which show rust bloom prior to painting shall be reinspected prior to paint application. 4. Profile depth of blasted surface: Not less than I mil or greater than 2 mils unless required otherwise by coating manufacturer. 5. Provide compressed air for blasting that is free of water and oil. a. Provide accessible separators and traps. 6. Confine blast abrasives to area being blasted. a. Provide shields of polyethylene sheeting or other such barriers to confine blast material. b. Plug pipes, holes, or openings before blasting and keep plugged until blast operation is complete and residue is removed. 7. Protect nameplates, valve stems, rotating equipment, motors and other items that may be damaged from blasting. 8. Reblast surfaces not meeting requirements of these Specifications. 9. Abrasive blasting media may be recovered, cleaned and reused providing Contractor submits, for Engineer's review, a comprehensive recovery plan outlining all procedures and equipment proposed in reclamation process. 10. Properly dispose of blasting material contaminated with debris from blasting operation not scheduled to be reused. 3.4 APPLICATION A. General: 1. Thin, mix and apply coatings by brush, roller, or spray in accordance with manufacturer's installation instructions. a. Application equipment must be inspected and approved in writing by coating manufacturer. 2. Temperature and weather conditions: a. Do not paint surfaces when surface temperature is below 50 DegF unless product has been formulated specifically for low temperature application and application is approved in writing by Engineer and paint manufacturer's authorized representative. b. A void painting surfaces exposed to hot sun. c. Do not paint on damp surfaces. 3. Provide complete coverage to mil thickness specified. a. Thickness specified is dry mil thickness. b. All paint systems are "to cover." In situations of discrepancy between manufacturer's square footage coverage rates and mil thickness, mil thickness requirements govern. c. When color or undercoats show through, apply additional coats until paint film is of uniform finish and color. 4. If so directed by Engineer, do not apply consecutive coats until Engineer has had an opportunity to observe and approve previous coats. 5. Apply materials under adequate illumination. 00.. .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 5/22/2007 09905 - 6 . . . . 6. Evenly spread to provide full, smooth coverage. 7. Work each application of material into comers, crevices, joints, and other difficult to work areas. 8. Avoid degradation and contamination of blasted surfaces and avoid intercoat contamination. a. Clean contaminated surfaces before applying next coat. 9. Smooth out runs or sags immediately, or remove and recoat entire surface. 10. Allow preceding coats to dry before recoating. a. Recoat within time limits specified by coating manufacturer. b. Ifrecoat time limits have expired reprepare surface in accordance with coating manufacturer's printed recommendations. 11. Allow coated surfaces to cure prior to allowing traffic or other work to proceed. B. Prime Coat Application: 1. Prime all surfaces indicated to be painted. a. Apply prime coat in accordance with coating manufacturer's written instructions and as written in this Section. 2. Ensure field-applied coatings are compatible with factory-applied coatings. a. Ensure new coatings applied over existing coatings are compatible. b. Employ services of coating manufacturer's qualified technical representative. 1) Certify through material data sheets. 2) Perform test patch. c. If field-applied coating is found to be not compatible, require the coating manufacturer's technical representative to recommend, in writing, product to be used as barrier coat, thickness to be applied, surface preparation and method of application. d. At Contractor's option, coatings may be removed, surface reprepared, and new coating applied using appropriate paint system listed in Paragraph 2.2E. 1) All damage to surface as result of coating removal shall be repaired to original condition or better by Contractor at no additional cost to Owner. 3. Prime ferrous metals embedded in concrete to minimum of 1 IN below exposed surfaces. 4. Back prime all wood scheduled to be painted, prior to installation. 5. After application of primer to gypsum board surfaces, inspect surface and repair in accordance with Article 3.4. a. Re-prime repaired surfaces to uniform finish before application of finish coat(s). 6. Apply zinc-rich primers while under continuous agitation. 7. Ensure abrasive blasting operation does not result in embedment of abrasive particles in paint film. 8. Brush or spray bolts, welds, edges and difficult access areas with primer prior to primer application over entire surface. 9. Touch up damaged primer coats prior to applying finish coats. a. Restore primed surface equal to surface before damage. 10. All surfaces of steel lintels and steel components of concrete lintels used in wall construction shall be completely painted with both prime and finish coats prior to placing in wall. C. Finish Coat Application: 1. Apply finish coats in accordance with coating manufacturer's written instructions and in accordance with this Section; manufacturer instructions take precedent over these Specifications. 2. Varnish: a. Apply first coat of varnish: Gloss. I) Allow to dry a minimum of 48 HRS. b. Apply second and third coats of varnish: Satin. 1) Allow a minimum of 48 HRS between each coat. c. Lightly sand between coats as required then dust clean. 3. Touch up damaged finish coats using same application method and same material specified for finish coat. . a. Prepare damaged area in accordance with Article 3.4. . . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 09905 - 7 5/22/2007 4. SC application: a. For new gypsum board surfaces: 1) Apply at rate recommended by manufacturer and approved by mock~up panel. b. For new concrete and masonry surfaces: 1) Apply SC at rate recommended by manufacturer and approved by mock-up panel. 3.5 FIELD QUALITY CONTROL . A. Maintain Daily Record: 1. Provide the following information for each coat of paint applied: a. Date, starting time, end time, and all breaks taken by painters. b. For exterior painting: 1) Sky condition. 2) Wind speed and direction. c. Air temperature. d. Relative humidity. e. Moisture content of substrate prior to each coat. f. Provisions utilized to maintain work area within manufacturer's recommended application parameters. g. Surface temperature of substrate to which paint is being applied. 2. Format for daily record to be computer generated. B. Measure wet coating with wet film thickness gages. C. Measure coating dry film thickness in accordance with SSPC P A 2 using Mikrotest gage calibrated against NBS "Certified Coating Thickness Calibration Standards." 1. Engineer may measure coating thickness at any time during project to assure conformance with Specifications. D. Measure surface temperature of items to be painted with surface temperature gage specifically designed for such. E. Measure substrate humidity with humidity gage specifically designed for such. F. Provide wet paint signs. . 3.6 CLEANING A. Clean paint spattered surfaces. 1. Use care not to damage finished surfaces. B. Upon completion of painting, replace hardware, accessories, plates, fixtures, and similar items. C. Remove surplus materials, scaffolding, and debris. 1. Leave areas broom clean. END OF SECTION . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 09905 - 8 5/22/2007 . . DIVISION 13 SPECIAL CONSTRUCTION . . . . SECTION 13342 SECONDARY CLARIFIER MECHANISM IMPROVEMENTS PART 1. GENERAL 1.1 SUMMARY A. Scope: 1. Improvements to the Secondary Clarifier No.4 influent diffusion will directional baffles. 2. Re-coating metal surfaces in accordance with Section 09905 B. Related Sections: I. Division 0 - Bidding Requirements, 2. Division 1 - General Requirements. 3. Section 02072 - Demolition, Cutting and Patching. PART 2 - PRODUCTS 2.1 IMPROVEMENTS TO SECONDARY CLARIFIER NO.4 A. Verify unit can be taken out of service a minimum of 10 days prior to proceeding. B. Refer to existing Walker Power Equipment drawing of existing mechanism, appendix, this section. C. Schedule of rehabilitation: 1. Submit prior to proceeding. 2. List all equipment to be used. 3. Approval required by Engineer and Owner. D. Draining and Washdown of Basins: 1. Owner responsible for dewatering tanle Contractor shall clean the tank and existing equipment for installation of new equipment coatings and facilities. 2. Liquid in basin and washdown water may be returned to treatment process via Contractor provided pumping as approved. E. Wire wheel or Sandblast all exposed metal surfaces per SSPC-SPlO, including damages coatings areas and diffusion well directional baffle area to be modified by metal cutting. F. Oemolish existing steel diffusion well directional baffles and install new outlet impingement plates as shown on Details I and 2 appended to this section. Typical of 8 locations. G. Paint all impacted existing submerged metal surfaces per Section 09905. PART 3. EXECUTION 3.1 IMPROVEMENTS TO SECONDARY CLARIFIERS NO.4 A. Contractor shall enlist services of the Engineer to inspect the rehabilitation equipment prior to startup. B. Contractor shall provide required equipment to inspect, realign, and adjust all applicable components prior to startup. END OF SECTION 00. _ .52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 13342 - 1 5/22/2007 . . . i;] 29'-1 1/2- I.R. Of" SCOW BM"f'LE ------- W(JR PlATE SCV... BAfl1.E .. SI:UI 0UlEl ~.~ 4612.68" 1U> Of WAUCWAY ~ 4611.33' 1U> Of 1_ . ~ W.L 4600.76' * STAlInIlf\Y Dlf (NOT BY WP L.) '- 6' SCUM PIP[ (NOT BY ..P.E.) , , . , ." Sl(IWW[R ASSD>lBL Y ..:" '. SKIMMER SUPPORT 'j. ;,'* . - . . .- ..' . . :. ~:. .::.~ ~.~ :. ::": ". ( ':-. . "~7.61' : ....... ;., .'1':.:...... : :~':". TOP Of GROVT ~ , 4595.02' TOP Of CROuT ...."~, "K~ (NOT BY w.P.E.) 1 I 12 SLOPE n 11'011 ~ 3/6' lHlO( PLAT[ X 13 3/'" X 3'-5' Le. - SIiOP WfLOED TO BRIOCE (CliS1OUER TO PROI.1DE \II.P.L WITH L0CA1KJN '" QUANTllY OF STAJl'WAY MOUNTING HOlES,) BRIDGE SLlOE: Pt.A n: .. - --~ 4611.33' ~ANCHOR BOLT DETAIL A CE:Nl[I~ COLl).... 2- CROUT" . LEvElJNC NlIT L . ~~ II I L---MIOJOR BOLT II I~:::J DETAIL B * BAStD tw PEAl( DAY AvtRACE Of 3,6 f./.C.O, Wolker Process Equipment Oivi5ioo of Jo.t<;Nish Corporotion AURORA, ILLINOIS U.S.A. CENERAL ARRANGEMENT 65'-0' DIA. CLARIFlER - rtFE 'HS-S' BOZrloAAN . MONTANA eo< """CT NOIIIOA . . ~ ::;: uJ N o en cO co en (0 o .... o "0 55 . ~ 90 o DEMOLITION AT DIFFUSION WELL DIRECTIONAL BAFFLES (lYP OF 8) Q; E "0; .<:: ::i n.. '" 'l" ,:..: o '" ..... C) C) ~ ~ .., :J ~ '" --' t .... " u:: DEMOLITION AT DIFFUSION WELL DIRECTIONAL BAFFLES HR DEMOLITION AT DIFFUSION WELL DIRECTIONAL BAFFLES DATE 5/18/07 FIGURE DETAIL 1 . . .... Q) E "v .c :i 0- <0 ,.... m ,.... .;f ..... o o C'! ;;S :; o >. ~ t N CJ u:: u.J N o lD iii <0 en <D o ,.... o " ;jS . ~ u REMOVE 8" OF STL. DIFFUSER WELL DIRECTIONAL BAFFLE WALL (BOTTOM REMAINS) DIFFUSION WELL DIRECTIONAL BAFFLE (lYP OF S) 5/S" @ SST BOLTS w /NYLOK NUTS AND WASHERS (lYP OF 2) 4" If) I = 0'1 - .-- COAT STL EDGES AT DEMOLITION LOCATIONS PER SECTION 09905 ~ 1'-4" fLEVATlON DIRECTIONAL BAFFLE MODIFICATION DETAIL SCALE 1-1/2" = l' HR DIRECTIONAL BAFFLE MODIFICT A TION DETAIL DETAIL 2 8" 3/S"X 24"X 17" STL PLATE. COAT PER SECTION 09905 DATE FIGURE 5/18/07 2 . . . SECTION 15116 SLUICE GATE REPAIR AND REHABILITATION PART 1 - GENERAL 1.1 SUMMARY 1.2 A. Scope: 1. The Contractor shall repair and rehabilitate the existing Sluice Gates and Operators (SOO-4- 00 I, SGOA-002 & SGOw4w003) per plan and specification. The Repair and Rehabilitation shall include but not be limited to: a. The Contractor shall submit a method of repair and rehabilitation to the Owner and Engineer for review prior to commencement of work. b. Coordinate the schedule of rehabilitation with the Owner. c. The Contractor shall disassemble, clean, repair and rehabilitate the existing sluice gates and operators so that they are fully functioning and operable. d. If the Contractor encounters any ferrous metals, the Contractor shall clean and paint according to Sections 09905. e. The Contractor shall provide all materials, equipment, tools, facility, labor and appurtenances for a complete and operable Sluice Gate and Operator system. f. The work shall be considered complete when the Sluice Gate and Operators are fully functional and all punch list items are complete. R Related Sections include but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract. 2. Division 1 w General Requirements. 3. Section 11005 - Equipment: Basic Requirements. QUALITY ASSURANCE A. Referenced Standards: I. ASTM International (ASTM): a. AI26, Standard Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 2. American Water Works Association (AWWA): a. C50I, Cast-Iron Sluice Gates. 1.3 SUBMITTALS A. Method of Repair: 1. See Section 01340 for requirements for the mechanics and administration of the submittal process. 2. Contractor's method of repair. 3. Schedule of rehabilitation 4. List all materials and equipment to be used for the repair. 1.4 PROJECT CONDITIONS A. Existing Sluice Gates 1. Waterman Industries, Inc. gates, installed initially in 1981. 2. Waterman Model No. 5-55-20-FF, 48 IN x 36 IN: 3. Number: 3 each. 4. Reference equipment data sheets 1-3 appended to this section. 00...52713-00]23 Bozeman WRF Phase] Early Out Priority Improvements 15116-1 5/2212007 PART 2. PRODUCTS . 2.1 SLUICE GATE REHABILITATION AND REPAIR A. Verify units can be taken out of service a minimum of 10 days prior to proceeding. Only one unit may be removed from service at a time. B. Schedule of Rehabilitation: 1. Submit prior to proceeding. 2. List all equipment to be used. 3. Coordinate the draining and wash down of basins with the Owner. 4. The Schedule of Rehabilitation must be approved by the Owner. C.Equipment Inspection Report: 1. The Contractor shall inspect the existing sluice gates and operators (SGO-4-00 1, SGO-4- 002 & SGO-4-003) prior to removal of any facilities. 2. The Contractor shall provide an opinion of the condition of the sluice gates and operators. D. Draining and Wash Down of Basins: 1. It shall be the Owner's responsibility to dewater and drain the existing Aeration Basin Cells. It shall be the Contractor's responsibility to coordinate the Schedule of Rehabilitation with the Owner. The Contractor shall clean the existing basin cells and equipment prior to performing work with wash down water. It shall be assumed that dewatering of each aeration basin cell pair will take a single calendar -day for each basin shutdown. 2. Liquid in basins and wash down water may be returned to the treatment process via contractor provided pumping as approved by the Owner. E. Repair and Rehabilitate Sluice Gates: 1. Dismantle sluice gates and operators. 2. Clean buff and repair the sluice gate and operator surfaces. 3. Adjust wedges and hand operator as necessary. 4. Realign equipment. 5. Adjust all applicable components. 6. Test the operation of the gates. . PART 3 - EXECUTION 3.1 INSTALLATION AND REHABILITATION A. The aeration basin mixer support rails, hoist and associated mounting equipment shall be installed at the same time the sluice gates are rehabilitated. See Specification Section 11948. 3.2 FIELD QUALITY CONTROL A. Contractor shall enlist services of reputable equipment manufacturer to furnish a factory trained . representative to inspect the rehabilitation of the equipment prior to startup. B. Contractor shall provide required equipment to inspect, realign, and adjust all applicable components prior to startup or filling the basins. 3.3 FIELD SERVICE A. When trouble develops either in the installation, operation, or performance of the equipment, the installation manual and drawings should be checked to determine if the equipment has been installed properly. If proper performance and operation cannot be obtained, and assistance from the factory is desired, please contact the factory and REFERENCE THE JOB NUMBER R- 9378. so that we may locate the project records and better assist you. Company may be contacted at: . 00...52713-00123 Bozeman WRF Phase 1 Early Out Priority Improvements 15116.2 5/22/2007 . . . WATERMAN INDUSTRIES, INC. P.O. Box 458 Exeter, CA 93221 Phone: (209) 592-3174 (209) 562-1331 B. Arrangements will be made to send a man to the jobsite if this is required. This man will make a thorough examination of the problem and if the equipment is faulty in workmanship or material, the necessary repairs or adjustments will be made by the factory at no cost to the purchaser. If, however, the problem is due to faulty installation or adjustment, the cost of the field service will be charged to the purchaser. C. Ifrepairs are made in the field by the purchaser or authorized by the purchaser, back charges for these repairs will not be accepted by the company unless the company has been notified prior to the incurring of these costs and has accepted the responsibility for these repairs. Any unauthorized repairs or changes to equipment will automatically void warranty. D. The company will not be liable for contingent costs or costs of delay due to the faulty equipment and the repairs thereof 3.4 FIELD SERVICE CHARGES A. Field service charges begin from the time of departure until the return of the service man and include a daily rate plus travel and subsistence expenses. Premium day and hourly rates will be charged on Saturdays, Sundays, and Holidays and for time spent before 6 a.m. or after 5 p.m. or over eight hours per day. A schedule ofField Service charges can be obtained by calling Waterman Industries. B. If service personnel are required for equipment produced by another manufacturer (i.e. for electric motor operator), that manufacturer's standard service charge will prevail. END OF SECTION 00...52713-00123 5/22/2007 Bozeman WRF Phase 1 Early Out Priority Improvements 15116 - 3 i I . ~r l, 41 lE,C'l-ON 41 A-A r 11 ~ ft./ ~sfl!] ,ce' 1/;', <~ , H!. 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Ix.47 'j'. r't Wi' · 591;~~ ' .,,' 1'-' ", ,,, " , , " . .' . ,4;90 .. . .~ j' '. .:"'0 I, . .'; _ . . ...., _ . ~;,:,:,;,.< :.:i;:'::';'":~~~_'::li;i;'l~i;".:.' . . 'a; E '15 ..c: :i 0.. '<t N N '<t N .... C> C> ~ N in o a: <:i ~ ""'< ~ C> C> U. c:: ~ ~ C) :; N C> "0 ~ , o ~ 9. o ci <>: l::: al ~ '" ~ ..., 0> ~ :I: Hl~ HDR Engineering, Inc. 1715 S. RESERVE SlREEr SUITE C MISSOUlA, MT 59801-4708 Contract Drawings For Water Reclamation Facility Phase 1 Early Out Improvements Structural/ Process/Mechanical Project No. 000000000052713 Bozeman, MT May, 2007 I I,INDEX OF DRAWINGS GENERAL 1 TITLE, LOCATION MAP AND DRAWING INDEX 2 STANDARD SYUBOLS AND ABBREVIATIONS J SITE LOCATION AND STAGING MEA ! AERATION BASIN MODIFICATIONS ~ tOl MIXER INSTAllATION &: SLUICE GAlE , REPAIR PLAN AND SECTIONS 102 t.lIXER I NSTAllATlON SECTIONS I I 1 I N ~ PROJECT LOCATION HWY. 191 ~' r- "--LJ VICINITY MAP NO SCALE ~'.MORRISON .~.,." MAIERLE, INC. A:> EmpIoy=-Owuod Qxopoay . . .... o o ~ <Xl Ln '0 a: ~ "C N o o LL a:: ~ ~ OJ :;j: N ~ o . ~ 9. U Q; E Qj .<=. :i <C <Xl N U; <:=! ;:: Ale AlE A AS ABC ABAN At:. At:.K At:.P At:.ST AD ADDL ADH ADJ i'F MF i'FG AGGR AI AlC ALIG ALUM ALT AM AMB ANC N' N'RX APVD ARCH ASS'( AT ATC ATM AUTO MlX AVE AVG AWG AWl B/B BAL BaD Be BD BE BF BITUM BKG BL BLOG BLK BLKG BM BOC BOD BOG BOL BOP BOR BOT BOU BP BRG BRGP BRKT as 8TU 8TW BTWLD au BUR 8W BYP C TO C C&:G C CAB eN' CAT CAV CB CCB CCW CDF CE CER CF CFL CHFR CHBD CHD CHH CI CIP CIPB CIRC CJ CKT CL CLG CLJ CLKG AIR CON DmONING ARCHITECT/ENGINEER ARCHITECTURAL (OWG DISCIPLINE), AMP ANCHOR BOLT AGGREGATE BASE COURSE ABANDON ALTERNATING CURRENT ACKNOWLEDGE ACOUSTIC CEILING PANEl, ASPHALTIC CONCRETE PAVEMENT ACOUSTIC ADDENDUM, AREA 0 RAIN ADDmONAL ADHESIVE ADJUSTABLE. ADJAt:.ENT AM P FRAME, AMP FUSE ABOVE FI NISH flOOR ABOVE FlNlSH GRADE AGGREGATE AREA INLET AMPS I NTlERRU PTI N G CN'ACITY ALlGNM ENT ALUMINUM ALTERNATIE, AL TIITU DE At:.OUSTlCAL MATlERIAL AMBIENT ANCHOR ACCESS PANEL N'PROXl IdA TE N'PROVED ARCHITECTIU RAL ASSEMBLY AM P TRIP ACOUSTICAL TILE CEILING ATMOSPHERE .wTOIdATIC MJXIUARY AVENUE AVERAGE AMERICAN WlRE GAGE ACOUSTICAL WAlL TILE BACK TO BACK BALANCE BULLETIN BOARD BASE CABINET, BOTTOM CHORD, BOLT CENTER, BOLT CIRCLE BOARD BOTIH ENDS, BEUL END 80TIH FAt:.ES, BOTTOU FAt:.E, BLIND FLANGE, BOARD FEET BfTUM INDUS BACKING BASE LINE BUILDING BLOCK BLOCKiNG BENCHMARK, BEAM BACK OF CURB BOTTOM OF DUCT BOTTOU OF GRilli BOTTOM OF LOUVER BOTTOM OF PIPE BOTTOM OF REGISTER BOTTOM BOTTOM OF UN IT BASE PLATE BEARING BEARING PLATIE BRAC KET BOTIH SIDES BRmsH TlHERMAL UNIT BETWEEN BUTT WELID BELL UP , BUILT UP BUI LT -UP ROOFING BOTIH WAYS BYPASS CENTIER TO CENTER CURB &: GUTTER CHAN N EL SfW'E, CENTIGRADE, CONDUIT, CIVIL (DRAWlNG DISClPLlN E) CABINET CN'ACITY CATALOG CAVITY CATCH BASI N CONCRETE BLOCK COUNTlER CLOCKWISE CONTROLLED DENSITY FILL CONCRETE EDGE CERAMIC CUBIC FEET (FOOT) COUNTIER FlASHING CHAMFER CHALKBOARD CHORD COMM UNICATlON HANDHOLE CURB IN LET CAST -IN-PLACE CONCRETE INTERLOCKING PAVER BALLAST CIRCULATION, CIRCULAR CONSTRUCTION JOINT CIRCUIT CENTIERLlNE, CLASS, CLOSE CEILING CONTROL JOINT CAULK1NG ~...<<J" MORRISON .... MAIERLE, INC, ....-...o...r_ fiR HeR Englnuring, In:.. 1715 S. RESEJM: SIltED SLm: C l.ISSOUI..A. wr Ss:I1-47'C1!- CLR CIdH CIdU CO COL COld COIdB COIdM COMP CONe CONN CONST CONT CooR CORR CP CPLG CRL CSC CSK CSS CT CTR CTRL CVT CU CW CY d o 08 DBA 08L DC DEG OEG C DEG F DEMO DEP DEPT DET DI DIA DIAG DIFF DIId DISCH DIST DIV DL DMJ DMPF DN DO DP DPDT DPST OS DT DUP DWG OM. DWR E EA EC ECC ED EDB EE IT EFF EHH ElFS EJ EL ELEC EldBD EIdER EMH ENCIL ENGR ENTR EOP EQ EQUIP EQU IV ES ESEW EST EW EWe EWEF EWT8 EXC EXH EXST EXP EXl 2 CLEAR COIdMUNICATlON MANHOLE CONCRETE MASONRY UNIT CUEAN OlIT, CONCRETE OPENING COWIdN COUMON COM BINATlON COMIdUNICATlON COMPOsmON, COIdPRESSIBLE, COMPOSITE CONcrNTRIC, CONCRETE CONNECTION CONSTRUCTION CONTINUOUS COORDINATE CORROSIVE, CORRUGATED CHECKER PLA TIE, CONTROL POINT COUPLING CORROSION RESISTANT LINING COMPRESSION SLEEVE COUPlLNG COUNTERSIN K C1UNIC SERVICE SI NK CERAMIC TILE CENTIER CONTROL CU LVERT COPPER, CUBIC CLOCKWISE CU BIC YARD PENNY (NAIL MEASURE) DEEP, DIFFUSER DUCT BANK, DECIBEl, DRY BUUB DEFORMED BAR ANCHOR DOUBLE DIRECT CURRENT DEGREE DEGREE CENTIGRADE DEGREE FAHRENHEIT DEMOLITION DEPRESSED DEPARTM [NT DETAIL DROP INLET, DUCTILE IRON DIAAI ITER DIAGONAL, DIAGRAM DIFFERENTIAL, DIFFERENCE DIIdENSlON DISCHARGE DISTANCE, DISTRIBUTION DMSION DEAJD LOAD DOU BLE MECHANICAL JOINT DAMP PROOFING DOWN DISSOLVED OXYGEN, DmO DEPTIH DOU BLE POLE. DOU BLE TH ROW DOU BLE POlE, SINGLE TlHROW DOWN SPOlIT DOU BLE TIE[, DRIP TIRAP ASSEMBLY DUPLlCATIE DRAWING DOWEL DRAWER EAST, ELECTRICAL (DWG DISCIPUNE) EACH, EXHAUST AIR ELECTRICAL CONTRACTOR ECCENTIRlC EQUIPMENT ORAl N ELECTRfCAL DUCT BANK EACH END EACH FACE EFFLUENT, EmCIENCY ELECTRK:AL HANDHOLE EXTERIOR INSULATION &: FI NISH SYSTEId EXPANSlO N JOINT EUBOW, ELEVATI ON ELECTRICAL EM BEDDED EM ERGENCY ELECTRfCAL IdANHOLE ENCLOSURE ENGINEER ENTRANCE EDGE OF PAVEM [NT EQUAL EQU I PMENT EQU IVALENT EACH SIDE, EQUAL SPACE, EIdERGENCY SHOWER EMERGENCY SHOWER AN D EYE WASH ESTIMATE EACH WAY, EMERGENCY EYE/FACE WASH ELECTRIC WATIER COOLER EACH WAY, EACH FAt:.E EACH WAY, TOP AND BOTTOId EXCAVATlON EXHAUST EXISTING EXPANSION, EXPOSED EXTERIOR, EXTERNAL. EXTENSION ISSUE DATE DESCRIPTION F&:B F TO F FAB Fa FaD FaG F8Id F80 FC FCA FD FlOC FDTN FlDR FIE FlEC RES FIEXT FF FG FIG FH FIN FJT Fl FUEX FlG FlOR FIUR FILS FN FO FOB FOC FOF FOM FOS FOT FPT FIR FlRP FIRTId FS FT FTG FUR FURN FlIT FV FW FWD FWE FXTR G GA GAL GALV GB GC GO GEN GFCI GFMU GG GJ GL Gl8 GND Gl' GR GRTIG GSB GT GVL GWB GYP H HB HBD HC HC HDR HOW HEX HGR HH HID HM HORlZ HP HPC HPS HPT HR HS HSS HT HTG HIV H1VAC HWO HM. HYD H7 3 FACE &: BYPASS FACE TO FAt:.E FABRlCATIE flOOR BEAM FIBERBOARD FIBERGLASS BOARD FOOT MEASURE FU RNISHED BY OWNER flUSHING CONNECTION FlANGED COUPLING ADN'TIER flOOR DRAIN FlEXIBLE DUCT CONNECTION FOU NDATlON FEEDER FLANGED END FlRE EXTINGUISHER CABIN ET FlARED END SECTION FIRE EXTINGUISHER FAA FAt:.E, FACTORY FINISH, FLAT FAt:.E FINISHED GRADE FIGURE FlRE HYDRANT FINISH flUSH JOINT FLOW, FlOW LINE FlEXIBLE FLANGE FLUORESCENT flOOR FlASHING, flUSH RENCE Fl N ISHED OPENING FENCE FlAT ON BOTTOM FACE OF CONCRETE, FACE OF CURB FACE OF FINISH FACE OF MASONRY F At:.E OF STIU OS FLAT ON TOP FEMALE PIPE TlHREAD FRAME FIBERGLASS REINFORCED PLASTIC FIRE RETARDANT TREATlED IdATlERIAL flOOR SINK, FAR SIDE FEET, FOOT FOOTING, FITTING FU RRED, FURRING FU RNITURE, FURN ISH FUTURE FACE VELOCITY FIELD WELID, FIRE WAlL FORWARD FU RNISHED WITH EQUI PMENT FlKTlURE GRILLE, GROU ND, GEN ERAL (DWG DISCIPLlN E) GAGE (METAL THICKNESS) GALLON GALVANIZED GRAB BAR. GRADE BREAJK GROOVED COUPLING GUARD GENERAL GROUND FAULT CIRCU IT INTERRUPTER GROUND FACE MASONRY UNIT GUTTER GRADE GROOVED JOINT GLASS GLASS BLOCK GROUND GUY POLE GRADE GRATING GYPSUId SH EATH ING BOARD GREASE TIRAP GRAVEL GYPSUId WALIUBOARD GYPSUId HARDBOARD HIGH HOSE 81B HARDBOARD HANDlCN'PED, HOLLOW CORE, HORIZONTAL CU RYE HORIZONTAL CENTERU N E HEADER HARDWARE HEXAGONAL HANGER HANDHOLE HIGH INTENSITY DISCHARGE HOULOW METAL HORIZONTAL HIGH POINT, HORSEPOWER HORIZONTAL POINT OF CU RVATlJRE HIGH PRESSURE SODlU Id HORIZONTAL POINT OF TANGENCY HOSE REEl, HOUR H EAJDED STlUD, HIGH STREN GTIH HOLLOW STRUCTlURAL SfW'E HEIGHT HEATING HIGH VOLTAGE H EATING, VENTILATION &: AIR CONDmONING HARDWOOO HIGH WATlER LEVEL =U~ClES PER ~F""~n PROJ ECT MANAGER DAN HARIdON J. MANION K, SIMON PROJ ECT NUMBER 00...52713 I 10 IE IF IH IIdP IN INC INF INSTR INSUL INT INTR INV IPS IPT IR IRR ISO JB JCT JF JST JT K KB KCMIL KD KO KSI L LAD LAId LATIL LIB LCTB LIOG LIOR LE LF LG UH UN L1Q LLH LLV LldLU LING LOC LP LPS UR LT LID LTIG LTIL liNG LV LVR LW LWC LWL M IdA IdACH IdAINT MAN IdATIL !.lAX IdB IdBR IdC MCB MCJ MOW MECH MED MFR MH MIN MIR MISC MJ MLO MIdB MO MOO MON MPT MRGWB idS IdSL IdT MU MULL J.N MW 4 INSTRUM ENTATION (DWG DISCIPLINE) INSIDE DlAIdETER, INTERIOR DIMENSION INVERT ELEVATION INSIDE FACE INTAKE HOOD IMPAt:.T INCH INCLUDE, INCANDESCENT INflUENT INSTRUM ENTATION INSUtA Tl ON ImERlO R, INTERSECTION INTERt.I EDIATIE, INTlERIOR INVERT IRON PIPE SIZE INTERNAL PIPE THREAJD INSIDE RADIUS IRRIGATION ISOIdETRIC JUNCTON BOX JUNCTON JOINT FILLER JOIST JOINT KIP KNEE BRACE TlHOUSAN 0 CIRCULAR IdILS KNOCK DOWN KNOCK OUT KIPS PER SQUARE INCH ANGLE, LENGTH, LAVATORY LADDER LAId INATIE LATERAL LAG BOLT, POUND LIQUID CHALK AND TACK BOARD LANDING LEADER LIFTING EYE LINEAR FOOT LONG LEFT HAND LINEAR LIQUID UONG LEG HORIZONTAL LONG LEG VERTICAL LIQUID IdARKER LECTURE UNIT LONGITUDI NAL LOCATION LOW POINT LOW PRESSURE SODlUM LONG RAD I US LEFT L1M ITED L1GHTI NG L1NITEL LIGHTNING LOW VOLTAGE LIOWER LIGHTWEIGHT L1GHTWElG HT CONCRETE LOW WATER LEVEL IdECHiWICAL (owe DISCIPLlN E) IdIXEO AIR IdAt:.HINED IdAI NTENANCE MAN UAL MATERIAL MAXIMUM IdAt:.HIN E BOLT MEMBER MECHAN ICAL CONTRAt:.TOR, MECHANICAL COUPLING METAL CORN ER BEAD IdASON RY CONTROL JOINT MODIFIED DOU BLE Id ECHANICAL JOINT MECHANICAL MEDIUM MANUFACTUREIR MANHOLE, METAL HALIDE MINIMUM MIRROR M ISCEULANEOUS M ECHiWICAL JOINT IdAIN LUGS ONLY MEMBRA.~E MASONRY OPENING 1d0DULAR, MODIFY 1d0NUt.!ENT MALE PIP E TlHREAD 1d0ISTURE RESISTANT GYPSU Id WALIUBOARD MOP SIN K MEAN SEA LEVEL IdOU NT MASONRY UNIT MUWON MEDIUM VCL TAGE MONITORING WELL 5 N NA NAT NC NEG NF NIC NO NOId NPS NPT NS NTS N'M. o TO 0 OA DC OCPD 00 OED OF OG OH OPNG OPP OPT OR ORD ORIG 0VFl DVHG OZ P PA PAR PB PBD PC PCC PCF PCT PE PED PEN PERF PERM PERP PF PFMU PH PI PKG PL PLAS PLAT PLBG PLF PNEIJ POL POS PP PRC PREF PREFAB PRELlId PREP PRES PRI PROP PROT PS PSF PSI PSIA PSIG PST PT PTN PVC PI/MT PWO PWJ PZ Q QT QTR QTY QUAL 6 NORTIH, NEUTRAL NOT N'PUCABLE NATlURAL NORIdAlLY CLOSED NEGATIVE NEAR F At:.E, NON-FlJSED NOT IN CONTRACT NORIdAlL Y OPEN, NUM BER NOMINAL NOMINAL PIPE SIZE NATIONAL PIPE THREAJD N EAR SIDE NOT TO SCALE NORMAL WATIER LEVEL OlIT -TO-OUT OUTSI DE AIR, OVERALL ON CENTER OVER CU RRENT PROTECTION DEVICE OUTSI DE DIAMETER OPEN END DUCT OUTSIDE FACE, OFFICE FURNISHING ORIGINAL GROUND OVERHEAD OPENING OPPOSITE OPTIONAL OUTSIDE RADIUS OVERFLOW ROOF DRAIN ORIGINAL OVERFLOW OVERHANG OUNCE PAINT, PROCESS (DWG DISCIPLlN E) PU BLlC ADDRESS PARALJUEL. PARN'ET PANIC BAR, pULL BOX PARTICLE BOARD POINT OF CURVE, PI ECE, PRECAST POINT OF COM POUND CURVATlURE POUNDS PER CUBIC FOOT PERCENT PLAIN END PlEOESTAL PENETRATION PERFORATED PERMAN ENT PERPENDICULAR POWER FAt:.TCR PREFACED MASONRY UNIT PHASE POINT OF INTERSECTION PAt:.KAGE PLATE, PROPERTY LINE PLASTIER PLATIFORM PLUM BING POU N OS PER LI N EAR FOOT PN EUMATlC POUSH POSITIVE, POsmON POLYPROPYLENE, POWER POLE POINT OF REVERSE CURVATlURE PREFlNISHED PREFABRICATlED PREUIdINARY PREPARE PRESSURE PRI MARY PROPERTY PROTECTION PIPE SUPPORT POUNDS PER SQUARE FOOT POUNDS PER SQUARE INCH POUNDS PER SQUARE INCH ABSOlUTE POUNDS PER SQUARE INCH GAGE PRESTRESSED POINT, POINT OF TANGENCY PARTITION POLYVINYL CHLORIDE PAVEMENT PL '!'WOOD PLYWOOD WEB JOIST PIEZOMETER RATE OF flOW QUARRY TILE QUARTIER QUANTITY QUALITY ~ fI C1 ~ ~ * . ,,- - * ~o '!._; _='r. 3 ~ or -- --... ~.(' ~~'V. 'f~ co. ~ "'=" R&:R R&S R RA RB RCPT RD REC RECD RECT RED REF REINF REM REOD RESIL RET REV RF RFG RFl RGH RGS RGS-PVC RH RL RLFA RND RNG RO ROW RPM RR RSP RT RVT RY S SA SAMU SAN SB SC SCH SCHEId SCN SE SEC SECT SEP SF SG SH SHT SHTG SJL SlM Sl SLID SLV SMLS SOG SP SPA SPEC SPLY SPST SPT SQ SR SS ssr ST STA STID STlF STIR STIL STOR STR SUB SUC SUSP SY SYM SYMId SYN SYS T&:B T&:G T TA TAN TlBId TeE TlEF TlEMP TlHD THK THRESH THRU TlKBD 7 REMOVE AND REPLACE REMOVE AND SALVAGE RADIUS, REGISTER, RISER RETURN AIR RESILIENT BASE, ROCK BERM i :~~~ i RECESS RECEIVED RECTANGULAR REDUCER i ~~~~G , REMOVE I REQUIRED ,t RESILIENT " RETAINING, RETIJRN , REVISION, REVERSE RESIUENT FUDORING , ROOFING i =fED, REFlECTOR , RIGID GALVANIZED STEEL \ ~J~D,R~k HAND, i RELATIVE HUIdIDITY ~ REQUIRED UIJ' l' RElUEF AIR ROUND (RUNNING ROUGH OPEN I NG RIGHT OF WAY " REVOLUTIONS PER M INUTIE 1_. =~OPE PROTECTION t RESILIENT VINYL llLE REAlDY l SOUTIH, S1NK, STRUCTIU RAL (OWG DISCIPU NE) SUPPLY AIR SOUND ABSORBING MASON RY UNIT SANITARY SPl.ASH BLOCK SOLID CORE ! SCliEDULE r SCliEIdATlC I SCREEN STmjALUMINUM EDGE r SECONDARY, SECONDS SECTION SEPARATE SQUARE FOOT I SHEET GLASS, SEALANT GROOVE I SHOWER SHEET I SHEA TlHI NG SlLENCE SlMILAR SLOPE SUDTTED SLEEVE SEAMLESS SLAB ON GRADE SOUN DPROOF, STANDPI PE SPACING SPECIFICA nON SUPPLY SINGLE POLE SINGLE TH ROW I SET POI NT SQUARE i ~=t~~~S STAI NLESS STEEL STREET ! STATION STANDARD , STIFFENER STIRRUP I STEEL I STORAGE STRUCTlURAl, STRAGHT SUBSTITIUTE i SUCTION SUSPENDIEO SQUARE YARD SYMBOL SYMIdETRICAL SYNTHETIC I SYSTEId ,I TOP AN D BOTTOM I TONGUE AND GROOVE I TILE. TlREAD , ~'8NTAt:.CESSORY, TEMPERED AIR ! ~~g= ~~~~DN EASEMENT I' TROWELED EPOXY FLOORING TlEMPORARY, TEM PERATIU RE TlHREAD I THICK ! ii:~~~LD TACK BOARD 8 TOB TOP OF BOLT, TOP OF BANK, TOP OF BEAM roc TOP OF CURB, TOP OF CONCRETE TOO TOP OF OUCT TOF TOP OF FOOTING TOG TOP OF GRATING TOL TOLERANCE, TOP OF LEDG ER TOM TOP OF IdASON RY TOP TOP OF PLATIE TOPO TOPOGRN'HY TOS TOP OF SLAB, TOP OF STEEL TOW TOP OF WAUL TIP TOI LET PARTITION, TELEPHONE POLE, TOE PLATIE, TIRAP PRIMER TlPD TOI LET PN'ER DISPENSER TlPG TOPPI NG TR ~SOId ~S ~smON TlRD TlRENCH DRAIN TYP TYPICAL D U URINAL UG UN DERGROUND UL T UlTlMATIE U NFN UN FINISH ED UNO UN LESS NOTED OTlHERWISE UTlL UTILITY ,! V VENT, VELOCITY, VOLT VA VOLT AMPERE VAt:. VACUUId VAR VARNISH, VARIABLE, VOLT AMPERES REACTIVE VB VN'OR BARRI ER, VINYL BASE, VALVE BOK VC VERTICAL CURVE vcr VINYL COMPOSITION TILE, VERTICAL CENTlERLlNE VEL VELOCITY VENT VENTILATION VERT VERTICAL va VERTICAL GRAIN VlF VERIFY IN FI ELD VlN VI NYL VS VERSES, VAPOR SEAL VOL VOLU idE VPC VERTICAL POINT OF CURVATlURE VPI VERTICAL POINT OF INTERSECTION VPT VERTICAL POINT OF TANGENCY VIR VENT TlHROUGH ROOF VWC VINYL WALL COVERING c W/ WITH W /0 WITHOlIT W WATT, WEST, WlDE, WINDOW, WI RE, WIDE FLANGE BEAM WB WOOD BASE WC WATIER CLOSET, WATlER COLUMN WD WOOD, WlDTH WF WIDE FlANGE, WASH FOUNTAI N WG WI RE GLASS, WATER GAGE WH WAlL HYDRANT, WEEP HOLE WI WROUGHT IRON WL WATlER LEVEL WLD wruoED WId WIRE MESH WP WATERPROOF, WORKING POINT WTlHP WEATHERPROOF WS WATIERSTOP, WATlER SURFAt:.E WSCT WAINSCOT Wi WEIGHT, WATER TIGHT WWF WELDED WIRE FABRIC B XP EXPLOSION PROOF XS 8nRA STRONG XXS DOUBLE EXTIRA STRONG XSECT CROSS SECTION YH YARD HYDRANT YS YI ELD STRENGTH GENERAL NOTES: 1. THESE ABBREVIATIONS AP PLY TO TlHE ENT RE SET OF CONTRAt:.T DRAWINGS, 2, USTlNG OF ABBREVlATlO NS OIOES N OT IMPLY ALL ABBREV1A noNS ARE USED IN TH E CO NTRACT DRAWINGS. 3. ABBREVIATIONS SHOWN ON TlHIS SHEET INCLUDE VARIATIONS OF TlHE WORD. FOR EXAM PlE, "IdOD MAY MEAN MODIFY OR MODIFICATION; "lNC" MAY MEAN INCLUDED OR INCLUDING; "RElNF" MAY MEAN EITHER REINFORCE OR REI NFORCI NG, 4. SCREEN I NG OR SHADING OF WORK IS USED TO INDICATE EXISTING COMPONENTS OR TO DE -EIdPHASlZE PROPOSED IMPROVEMENTS TO HIGHLIGHT SELECTED TRADE WORK. REFER TO CONTEXT OF EACH SH EET FOR USAGE. 5. SEE P&:ID LEGEND SHEET FOR PROJECT SPECIFIC EQUIPMENT SYMBOLS, EQUIPMENT ABBREVIATIONS AND PIPING SYSTEM ABBREVIATIONS. A WATER RECLAMATION FACILITY PHASE 1 - EARLY OUT IMPROVEMENTS STANDARD SYMBOLS AND ABBREVIATIONS CITY OF BOZEMAN, n~T o I"""""'!I 1" ~ 2" FlLENPJdE IBWRF 002 I SCALE I NON E I SHEET 2 . . Q; E 'jjj J:: :i a.. N '<t ~ N ;.; ..... C> C> N in <0 15 ii: ~ "C ,..; <:> <:> LL a: $: ell ai :;;;: N ~ ~ C> "C 4: w .. ~ ~ (j BOZEMAN WASTEWATER FACILITY/PHASE 1 I" = 60'-0" EARLY OUT SITE MAP PROJ EeT MANAGER OAN HARt.!ON J. t.lANION K. SI !.ION o 1""""""1 ~'" ~I~=~~c. ....---..- Hl~ CITY OF BOZEMAN, +T HDR~inet!ring.lnc. 171:5s..ItE5ERYE~ S<II1E C .IiIS:i:X/U,. IrII" SQ!ID1-47Oll1 ISSUE DESCRIPTION PROJECT NUt.! BER 00.. .52713 O,o,TE 7 8 N ~ PROJECT GENERAL NOTES D 1. ELEV,o,TlONS G1\IEN ON DR,o,W1NG AAE B.>SEO UPON ELEVATIONS PROVlDED IN THE 200+ WNrP It.lPROVEMENTS CONSTRlJC1"lOM DOCUM ENTS, MORRISON-WJERLE, INC. !!.'SIN FLOOR ELEVA TIDN SHALL BE USED FOR T1Er.lPORARY BENCHMARK. 2. SECURITY FENCING AROUND PlANT PERlldETER SHALL BE MAlNT....NED AT ALL TlI.IfS. 3. CONTRI\CTDR TO ldAlNTAlN ACCESS FOR P1ANT STAFF AND EQUIPldENT AT ALL TIM ES. ALL PlANT ROADS AND SITE lWMGED BY CONTR,o,CTOR'S OPER,o,TlON SIW..l BE RESTORED TO ORIGINAL CONOmON. 4. ALL DEBRS RESULTING FROt.! WORK SIW..l BE PROt.IPTLy REMOVED FROld THE SITE ANO DSPOSED OF IN AN APPROVED ldANNER. KEY NOTES O TEMPORARY STAGING AAEA WITHIN OWNER'S SECONDAAY FENCE. CONTR,o,CTOR UMIT STAGING AAEA TO UldITS SHOWN AND COORDINATE KEY ACCESS WITH OWNER. ;-;\. EXSTNG FENCE ACCESS G6.TES. CONTRACTOR COORDINATE ~ ACCESS WITH OWNER. O SWICE G6.TE REP....RS, (BID ITEM NO.1). IN AER,o,TION s,o,slN NO.1 AND NO.2. SEE SHEETS 101 '" 1 02. O AERATION BASIN MIXER INSTAI..lATION, (BID ITEId NO.2). SEE SHEETS 101 '" 1 02. ELECTRICAL INSTAI..lAlION B'f OWN ER SEE SECTION 01011, OWNER FURNlSHED EOUIPldENT. ;-;\. MODIFICATIONS TO SECONOAAY CLARIFIER NO.4 lllECHANISld \::...J INflUENT CENTERWELL BAfflE5. (BID ITEr.l NO.3). SEE SECTION 01010 AND SECTION 13342 c B A WATER RECLAMATION FACILITY PHASE 1 - EARLY OUT IMPROVEMENTS SITE LOCATION AND STAGING AREA 1" ,o.s NOTED 3 2" BWRF 003 SHEET . . C) -0 ~ . ~ g, u N ~ ; ;1 ~--~---- mlf2\ !~'-O" ~ liD' 24'-0" ~ II ~ - . ~~--=:---jJ,lid , j! ~ 2 i lilt :---': 'I "-- ; I i II !~-- --- Ui : r- ; ! -~- ; -- .- ~ I ~... .._ ..c'~HC^n-._~ . f !: c h ::-~ '--I II ; , II Ir f t ~ ~--LJ c ' ~I ------~-~--~ f---- - -~~ - ~-- -tt - -~--- -. ) if---- m~ I o '" '" a; E '0; .c: ::i 0- 0> Lrl M N M ..... o o '::! '!2 <C ; ~~II...... .............. i! ' 1 i -! ~ '5 o >. '" --' ~ '! o ~ L>- a: ~ m m ::; N l"j. ~j MORRISON .... MAIERLE,lNc, ....---- i II / uti l---- V .-- .~- ! ~ n Ii ----4t-- - .-------~.-~.- 1j _'n 'I 0000_00 ~H-~-- --- i II -+L <"-LLL IlV, J II -. --mm----ii--~- --~- - ~t- ___~---m--- ij ~i ;; ------_._-----~~~--- U ". 49' .:}.' fiR HCREngiirwerrng,1nc. l71~ S. RESERoE STREET ...,. C ~MI'.5!a8D1-47C1!1 -- "<00'-\ ~k +1,t_~.;~~~ .i:r-l~ ~~:~~.~ ;:f i it! r.1 ~ ~ i i ~ i l ~i r ~ 3 4 ~ Ii , i I J H -4-0021 - - 2'! ! \ I \ , : w ,"=' ~ "'....oo'!' : r. ..~-t~1 e tu:......~.~!r-?I 1= __.mf-_U.~il --+t , -- -_~1i - I __~~_~_~t-F--SOO4=OO1-t ~:J - V~ __.~m_ ---~._--~-- i: I j, I' ! 1 ~ i: I ; ~ i H " ~ I , , i I I I n ii iI r-~ j I ! .J - ..___: I __ i+-- +l- ~__ ___ n_+L --------------' i--- irl :r - !I !' 1 -- - ---- _.~~ ~~---==:xx:j = ! - _. ._.._ ...1 i .,.". _00_ ... __m~ "'->LLL iV. L II ' ~. ...:~:: == . ..-111 =_.--:,v--~~03 L '~-'-i '-1 ~-:.:v~QO~-~~-~ ~ .....:i rl ____~.h-=---4 H 4-003 'l~~--t H-4-004 I I -~~ R-4-003 '-/ h: R 4-004 I ! I I 21 0 T 24 0 I o ~ 1 6' . "'~ ~~ W49'4 IC\ UQU MIXER & STOP GATE PLAN 3/32" = l' -0" t5SUE .llillES:. o THE CONTRACTOR SHALL PROTECT THE EXISTING AERATION GRID DURING THE SLUICE GATE REHABILITATION AND THE MIXER AND RAIL INSTALLATION. o INSTALL 4 EACH OWNER FURNISHED AERATION BASIN MIXER IN ACCORDANCE WITH SECTION 01011. PROJECT MANAGER DAN HARMON J. MANION K. SlMON DATE OESC RI PTION PROJECT NUMB ER 00...52713 ~~ ~ t j "" Ni i , ~ ! , , , , , . . XXx:::t::X'~~...i 5 5 7 . ~ . ..... ., ~ I t~ !.!'~l.J ! , i I ; '"11 i i "I I . " , : ';I i r-,~_,-/~::t:~_~=~~~~:I_ ~ I._=~, <,. CELL NO. MIX -4-00 1 3 102 ,lYP Of 4 MIXER SECTION 3/16" = 1'-0" ffi EL: 4516,31 \ \ \ \ \ ------'- -- -,.r - i 8 l I , ~~~ ~---_._-- p----=--=.- ::..1 s....:..~ -:....A...._...: ._-_.~- ---=-=f<-~---=--rr::::::: -- i 1 :j 1 ~ i ;,,1 I I Nl ~l .; ; ~ .j CELL NO, 2 I I i I "A;' ._ '.l.--:-.-~ ';O:_-::~~~ MIXER SECTION 3/16" = 1'-0" ffi 8 ,lYP OF 4 D "i 1 ~ , ;',I,.!, ~ I ~t 1 H1 I::t; i i. ! .","l c I H W bd j..... r~ l~ i l.i t .Ii. I;-i I.'j t. ~I '.] ',j . , , , , I i ~, i i ! A j _ ti~- ~- . ::-~ .~~. ._1_59~5.~_____o- WATER RECLAMATION FACILITY PHASE 1 - EARLY OUT IMPROVEMENTS STOP GATE, MIXER INSTALLATION & SLUICE GATE REPAIR PLAN AND SECTIONS , CITY OF BOZEMAN, ~T I" 2" o 1""""""1 BWRF 101 SHEET /oS NOTED 101 . . t E '(5 ..<: ::i <l: <D <'l ,:..: Oci ..... CI CI N ~ N LO ~ ::> o >. '" ..J cii ~ -0 N CI ~ LL a: ~ cD :; N ~ ;; -0 ~ . a: o ~ g, o '-- ~- : :::: SEE DETAIL 2 HOIST SECTION 1" = 1'-0" MORRISON MAIERLE, INC, A.a.ErnpJo~C~ Hl"1 HDREI19lI!leINing.Inc. '71:; s.. RESERVE mEET" sure C WIS$Ol..U." Ii.ff 5.'il801-4708 ISSUE QJ DATE DESCRI PTI 0 N 3 4 5 ;00-<-0" \ __ ee -.~,e ....:~,~ ..... ~l-==:t:::F--r .........._~-,'j------_._._._._._._.-~i~-._._.^._----'---"-=-jr'-~i - ~'-J-'H~"""~J----~ -"'1~'- '~--~-i~=_y_'-'~'?---=-'~--=T'~-" r-.--......;;;:;r.~-.. (~F'-l i ~ , -.... : ~' ;. .... / v"- ..._.~- / .--.:;;::::r----...:.::;;------------'..... ..---.::;:7......-... "'9 '''-'', ...^..>......_~...... .... .....:...~.^ ....... GATE SECTION 3/16" = 1'-0" NOTES: ~ o (3) 0) o ~ .. ~ , .' ~ .... ..... ' i+ ... i .. . ! .- , .. , ! .' r ~.. . '. , ". ."; ~4.. : . i :... . ,TYP MIXER SECTION 1 1/2" = 1'-0" OJ PROJECT t.lANAG ER DAN HARMON J. MANION K. SI MON PROJECT NUMBER 00...52713 6 7 8 D ..v.......... .-r:;;;;r---.........H..V. ...........~, c-E;...L ~~n ~ "STAINLESS STEEL EPOXY EM BEO, ,TYP c THE CONTRACTOR SHALL PROTE~THE EXISTlNc;1 AERATION GRID DURING THE SLU GATE : REHABiUTATlON AND THE MIXER RAIL : INSTAlLLATION, j ~~~IUTAT1E EXISTING SWICE ~~JE PER SECT1~ EXISTING AERATION GRID PIPI NG DIFFUSER ~OT SHOWN, : HOIST MOUNTING INTS BRACKET [jd lD1 E] ~.m B o (WALL MOUNTING BRACKET 2 101 ,lYP A LOOR MOUNTING BRACKET 3 102 CITY OF BOZEMAN, SH EEl WATER RECLAMATION FACILITY PHASE 1. EARLY OUT IMPROVEMENTS STOP GATE, MIXER INSTALLATION & SLUICE GATE REPAIR SECTIONS BWRF 102 o I" .---- 2" , 102 AS NOTED